In September 2023, the Plaintiff purchased two airline tickets through an agent on its official website for himself and his wife for the route Moscow (Vnukovo) – Istanbul.
The total cost of the tickets was approximately 300,000 rubles.
In October 2023, the Plaintiff decided to cancel the flight, citing his grandmother's illness as the reason.
In October 2023, a partial refund of approximately 30,000 rubles was issued to the Plaintiff.
In November 2023, disagreeing with the refund amount, the Plaintiff sent complaints to the agent and the airline, which remained unsatisfied. This served as the basis for filing a lawsuit.
The Plaintiff demanded the recovery of approximately 300,000 rubles from the airline and the partners (agents) through whom the tickets were purchased, for the unprovided transportation service. He cited the forced cancellation of the flight due to the illness of his grandmother and wife, claiming he had timely notified the defendants of the cancellation and rightfully expected a full refund.
However, the airline refused a full refund of the ticket cost, arguing the Plaintiff's cancellation was voluntary because the grandmother was not a participant in the flight. According to Clause 227 of Order No. 82 of the Russian Ministry of Transport dated June 28, 2007 "On Approval of the Federal Aviation Rules 'General Rules for the Air Carriage of Passengers, Baggage, Cargo and Requirements for the Service of Passengers, Shippers, Consignees'..." a passenger's forced refusal of carriage is recognized in the case of illness of the passenger or a member of their family or close relative traveling jointly with them on the aircraft, confirmed by medical documents, or the death of a member of their family or close relative, confirmed by documents, provided the carrier is notified of this before the end of the passenger check-in time established for the flight specified in the ticket.
Furthermore, the wife's illness was not documented by the necessary medical documents submitted to the airline before the end of check-in for the flight. The airline had issued a partial refund of about 30,000 rubles, consistent with the fare rules, with the remaining amount withheld as non-refundable transportation charges.
The airline's lawyer, Yuri Morozov, defending the airline's interests, stated that the Plaintiff purchased the tickets after his grandmother's hospitalization, which ruled out a force majeure event. He also noted the Plaintiff had independently purchased the ticket under a non-refundable fare.
Outcome: The courts of three instances dismissed the lawsuit, upholding the airline's position and the legality of its actions.
The ruling in favor of the airline demonstrates the importance of passengers carefully choosing the fare type when purchasing airline tickets. If a passenger is not 100% certain they will take the flight, it is better to choose fully refundable fares. Airlines meticulously verify the grounds for refunds and adherence to fare rules.
During the proceedings, lawyer Yuri Morozov emphasized the lack of a causal link between the grandmother's hospitalization and the Plaintiff's flight cancellation. He stressed that purchasing the tickets after this event undermined the argument of force majeure circumstances. Additionally, the lack of properly executed medical documents confirming the wife's illness deprived the Plaintiff of the ability to claim a forced cancellation.
The court agreed with the airline's arguments regarding the voluntary nature of the cancellation and the legality of withholding the non-refundable charges in accordance with the fare conditions. It was established that the airline acted within the law and did not violate consumer rights.
This case highlights the necessity for passengers to carefully review the terms and conditions when purchasing airline tickets, especially concerning refund rules. Passengers should be aware that canceling a flight without documented valid reasons may lead to financial losses according to the airline's fare policy.
The total cost of the tickets was approximately 300,000 rubles.
In October 2023, the Plaintiff decided to cancel the flight, citing his grandmother's illness as the reason.
In October 2023, a partial refund of approximately 30,000 rubles was issued to the Plaintiff.
In November 2023, disagreeing with the refund amount, the Plaintiff sent complaints to the agent and the airline, which remained unsatisfied. This served as the basis for filing a lawsuit.
The Plaintiff demanded the recovery of approximately 300,000 rubles from the airline and the partners (agents) through whom the tickets were purchased, for the unprovided transportation service. He cited the forced cancellation of the flight due to the illness of his grandmother and wife, claiming he had timely notified the defendants of the cancellation and rightfully expected a full refund.
However, the airline refused a full refund of the ticket cost, arguing the Plaintiff's cancellation was voluntary because the grandmother was not a participant in the flight. According to Clause 227 of Order No. 82 of the Russian Ministry of Transport dated June 28, 2007 "On Approval of the Federal Aviation Rules 'General Rules for the Air Carriage of Passengers, Baggage, Cargo and Requirements for the Service of Passengers, Shippers, Consignees'..." a passenger's forced refusal of carriage is recognized in the case of illness of the passenger or a member of their family or close relative traveling jointly with them on the aircraft, confirmed by medical documents, or the death of a member of their family or close relative, confirmed by documents, provided the carrier is notified of this before the end of the passenger check-in time established for the flight specified in the ticket.
Furthermore, the wife's illness was not documented by the necessary medical documents submitted to the airline before the end of check-in for the flight. The airline had issued a partial refund of about 30,000 rubles, consistent with the fare rules, with the remaining amount withheld as non-refundable transportation charges.
The airline's lawyer, Yuri Morozov, defending the airline's interests, stated that the Plaintiff purchased the tickets after his grandmother's hospitalization, which ruled out a force majeure event. He also noted the Plaintiff had independently purchased the ticket under a non-refundable fare.
Outcome: The courts of three instances dismissed the lawsuit, upholding the airline's position and the legality of its actions.
The ruling in favor of the airline demonstrates the importance of passengers carefully choosing the fare type when purchasing airline tickets. If a passenger is not 100% certain they will take the flight, it is better to choose fully refundable fares. Airlines meticulously verify the grounds for refunds and adherence to fare rules.
During the proceedings, lawyer Yuri Morozov emphasized the lack of a causal link between the grandmother's hospitalization and the Plaintiff's flight cancellation. He stressed that purchasing the tickets after this event undermined the argument of force majeure circumstances. Additionally, the lack of properly executed medical documents confirming the wife's illness deprived the Plaintiff of the ability to claim a forced cancellation.
The court agreed with the airline's arguments regarding the voluntary nature of the cancellation and the legality of withholding the non-refundable charges in accordance with the fare conditions. It was established that the airline acted within the law and did not violate consumer rights.
This case highlights the necessity for passengers to carefully review the terms and conditions when purchasing airline tickets, especially concerning refund rules. Passengers should be aware that canceling a flight without documented valid reasons may lead to financial losses according to the airline's fare policy.
