Compensations to passengers upon delay, extension of flights
The current legislation of the Republic of Kazakhstan, namely Article 86 of the Law of the Republic of Kazakhstan "On the use of airspace of the Republic of Kazakhstan and aviation activities" provides for the carrier's liability to the passenger in case of flight cancellation or delay.
Thus, in case of cancellation or delay of flight due to the fault of the carrier or delay, cancellation of the flight due to the late arrival of the aircraft, change of the transportation route, the carrier must arrange the following services for passengers at departure points and intermediate points:
- The provision (if any) of a mother's and child's room to a passenger with a child under the age of seven;
- Two phone calls, including international lines of communication, lasting not more than five minutes or two e-mails, while waiting for the departure of the flight for more than two hours;
- Provision of soft drinks while waiting for the departure of the flight for more than two hours;
- Provision of hot meals while waiting for the departure of the flight for more than four hours and further:
- every six hours - during the day;
- every eight hours - at night;
- 5) accommodation in the hotel provided by the carrier, with the waiting for the flight departure more than eight hours - in the daytime and more than six hours - at night;
- 6) delivery by transport provided by the carrier from the airport to the hotel and back where the hotel is provided without charging an additional fee.
The services specified in this clause are provided to passengers without additional charges.
In case of cancellation or delay of a flight through the fault of the carrier for more than ten hours, the carrier is obliged at the choice of the passenger:
- To ensure the carriage of the passenger by the nearest flight to the destination specified in the ticket, with the provision of services in accordance with paragraph 1 of article 86 of the Law;
- To return to the passenger the full cost of the ticket.
- Carriers who have committed violations of the requirements stipulated in paragraphs 1 and 2 of this article shall be liable in accordance with the Code of the Republic of Kazakhstan on Administrative Offences.
Also, paragraphs 39 and 40 of the Rules of transportation of passengers, baggage and cargo on air transport (approved by Order
No. 540 of the Minister for Investment and Development of the Republic of Kazakhstan dated 30 April 2015) provides for compensation by the airline for damage or expenses incurred by the passenger as a result of the provision of the above services or in connection with it.
In case of delay in transportation of a passenger due to the fault of the airline, the latter shall pay a penalty to the passenger in the amount of 3 percent of the cost of the ticket (the flight section where the delay occurred) for each hour of delay, unless it proves that the delay occurred due to force majeure.
The amount of the penalty levied cannot exceed the cost of the purchased ticket (the flight section where the delay occurred).
Last update: 27.11.2020