Return claim rules

Sometimes even the best laid plans change. It seemed that everything had been thought out to the smallest detail, had been planned long ago, and the purchased tickets were further confirmation of this, but circumstances were such that it was necessary to reschedule or cancel the trip, and not go to the long-awaited concert.

ATTENTION : our consumer rights lawyer will help you with the issue of returning tickets: professionally, on favorable terms and on time. Call now!

In the current situation, in addition to the lost impressions of the failed events, how can you not lose money for the ticket? Is it possible to return the full cost of a ticket or get at least partial compensation when I missed my plane and couldn’t go to the concert? Where to go, what to say and what documents to prepare? It is better to study the answers to these questions before the need arises to return an unused ticket.

What reason should I give when returning a ticket?

When returning a ticket, it would be correct to indicate the reason for which the decision was made to return it. The fact is that, in accordance with Art. 32 of the Law “On the Protection of Consumer Rights”, the consumer has the right to unilaterally refuse the contract for the provision of services, subject to reimbursement to the contractor for the actual expenses incurred.

Therefore, the consumer is not required to provide any reason for returning a ticket. It is worth noting that the contractor, when reducing the amount of refund for the expenses incurred by him, must justify his expenses. In the absence of evidence of actual expenses incurred, the consumer has the right to demand a full refund of the cost of the ticket.

When can I request a refund for an unused air ticket?

After changes were made to the Air Code of the Russian Federation in the summer of 2014, air tickets began to be sold in two types:

You can get your money back almost in full only when returning tickets, where there is a condition for their return, at least one day before the flight. If the ticket is returned later, the air carrier has the right to a penalty in the amount of 25% of the ticket price. But at the same time, the passenger can still return three quarters of the cost. But handing over even a return ticket after the end of the flight does not give the right to a refund.

Already from the very name “non-refundable ticket”, it becomes clear that the passenger will not be able to get the money back. An exception may be cases when a passenger was forced to miss a flight due to the illness of a relative traveling with him or the death of a close relative. But these facts must be documented.

How to get a refund for an air ticket purchased online or at the box office?

It should be remembered that in order to compensate the cost of a ticket without charging a penalty or paying a fine, the airline must be notified of the cancellation of the flight no later than 24 hours before the end of the passenger check-in time for the flight. If the specified period is observed, it is recommended to adhere to the following algorithm:

1. study the return rules . First of all, you should study the rules for returning a ticket to the organization where the ticket was purchased;
2. contacting the organization with a request for a refund . The website of the company where the ticket was purchased most likely has a corresponding application form. If it is missing, you can call the support service and ask to send the form to your email address. The application may need to be accompanied by a copy of your passport and details for transferring funds. When personally contacting an organization with a request for a refund, it is recommended to duplicate it to the company’s email address;
3. ticket return processing . The return of the air ticket is issued by the organization from which it was purchased; money, as a rule, is also transferred in the same way as the ticket was purchased. In other words, if a ticket was purchased by a passenger at the airline's ticket office for cash, then their return will most likely be made at the airline's ticket office in cash or to a bank account (if indicated in the application). When purchasing a ticket on the website of an intermediary company using electronic money, the intermediary company will make a refund to the passenger’s electronic account.

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How to return?

Refunds of air tickets due to forced circumstances are made on the basis of an application and attaching supporting documents. The refund application must be submitted by the person who paid for the air tickets, regardless of whether he is a passenger or not.

You must apply for a refund of your air ticket to the agency or carrier where the ticket was purchased.

Purchased at the airport or ordered by phone

There is no single established application form; as a rule, each air carrier has its own return application form. But as a standard, any application should indicate :

1. last name, first name, patronymic and passport details of the citizen applying for a refund;
2. details of the flight for which the refundable tickets were purchased;
3. numbers of returned tickets;
4. reasons for return - voluntary or forced;
5. bank details for making a refund (if the tickets were paid for by bank transfer).

The application for forced return must be accompanied by documents confirming the fact of forced return:

• A document confirming the delay or cancellation of a flight at the airport of departure or a mark on the ticket is issued at the ticket check-in counter or from an airline representative at the airport.
• A certificate of incapacity for work, a certificate from a medical institution or a certificate from an airport medical center - in case of illness of a passenger or a relative traveling with him.
• Death certificate issued by the civil registry office - in the event of the death of a close relative of the passenger.

Along with the documents, you must have an identification document of the applicant.

Medical certificates must necessarily contain the seal of the medical institution , the signature and transcript of the signature of the doctor who issued the certificate, the correspondence of the date of illness with the date of flight, and the date of issue of the certificate. A certificate issued by a foreign medical institution must be translated into Russian and the translation must be notarized.

When contacting the airline, you should receive a note indicating that your application with supporting documents has been accepted for processing. To do this, you can fill out two application forms or make a copy, on which the responsible employee will make a note about acceptance of the documents.

Each airline returns the amounts paid for air tickets based on its internal regulations. According to business rules, the period for consideration of an application should not exceed 30 days from the date of receipt of the application .

Purchased on the site

In order to return an electronic air ticket, you must fill out an electronic return form available in the passenger’s personal account, attach a scan of your passport and documents confirming the fact of the forced return of the ticket, if the circumstances were forced.

Let's look at the procedure for canceling an electronic air ticket using the example of a travel document purchased on the Aeroflot website.

1. You need to go to the “Online Services” section in the “Ticket Exchange/Refund” tab.
2. In the form that opens, enter the reservation code and the passenger’s last name as indicated on the ticket and click the “Search” button. The passenger will see a list of all active tickets ordered and paid for in his name.
3. To cancel a ticket, click the “Return” button and the “Continue” button.
4. The passenger receives a form with information about the refund of the ticket. When you click the “Continue” button, the document is canceled and the ticket will be assigned the “Returned” status.

How to return a non-refundable ticket?

A potential passenger has the right to return the full cost of a non-refundable ticket in the event of the airline's fault (canceled flight, long flight delay leading to a change in the passenger's plans) or personal circumstances related, for example, to the illness or death of a close relative.

In the event of this type of force majeure, the following is required:

1. promptly notify the airline (travel agency, intermediary) about the return of the ticket;
2. prepare a package of documents confirming the forced return of the ticket. These may include certificates from a medical institution about your health status and certificates of incapacity for work. In the event of illness or death of a close relative, documents confirming the relationship will also be required. If the airline is at fault, it would also be useful to have additional evidence, for example, in case of a long delay or cancellation of the flight, you should obtain the appropriate mark on the ticket from airport employees;
3. contact the airline with a written application for a refund for an unused ticket, attaching documents confirming the basis for transferring funds for a non-refundable ticket;
4. wait for the funds to be transferred.

A partial ticket price can be refunded even in the absence of the above-mentioned valid reasons, for example, if you were simply late for the plane. The fact is that the cost of a non-refundable ticket consists of the fare and various fees. Only the tariff is non-refundable. The passenger has the right to compensation in the form, for example, of airport fees, which, for obvious reasons, he has not been to.

Non-refundable tickets

After the introduction of amendments to the Air Code of the Russian Federation in 2014, such a category of air tickets appeared as tickets with the condition of non-refund of carriage charges upon termination of the contract of carriage or non-refundable air tickets.

These are, as a rule, economy class tickets at the cheapest fares and low-cost airline tickets.

The status of a non-refundable ticket is indicated by marks on the ticket:

• Ticket is non-refundable - a ticket with a non-refundable fare.
• Changes not permitted - the ticket cannot be exchanged.
• Changes any time charge - a ticket can be exchanged for a certain amount.
• Name change not permitted - the name specified on the ticket cannot be changed.
• Were fare is non-refundable any time in this case YQ/YR surcharges are also non-refundable - taxes (airport taxes) are not refundable.

A refund of the full cost of a non-refundable ticket is possible only in the event of a forced return of the ticket. If a passenger makes a voluntary return, the airline will deduct the fare amount from him. However, the airport and fuel taxes included in the ticket price, as well as the booking fee, will be required to be returned by the carrier.

Documents for a refund for a ticket

To get a refund for a ticket to a concert, theater or cinema, you may only need a passport. To receive a refund for air or train tickets, the following documents may be required:

• - passport;
• – ticket;
• – information confirming timely notification of the airline about the cancellation of the flight;
• – data confirming the validity of the reasons for refusing the flight;
• – information confirming the airline’s guilt;
• – bank account details for transferring funds.

Depending on the specific situation and the internal policy of the company, the list of documents may change, but, in any case, until compensation for the ticket is received, all documents related to the canceled trip should be retained.

The Ministry of Transport clarified the rules for refunding money for air tickets

According to the Air Transportation Rules in force in Russia, passengers can refuse to fly voluntarily or involuntarily. In case of voluntary refusal, the money for the ticket is returned according to the terms of the tariff, that is, with deductions, and if it is forced, the full cost is returned.

Since March 27, regular and charter flights with foreign countries have been stopped in Russia, except for flights to remove Russians from other countries. This step was taken based on the decisions of the meeting of the Presidium of the Coordination Council under the Russian government to combat the spread of the new coronavirus infection. “The refusal of a passenger to refuse international air transportation, which must take place during the period of the ban on international air traffic, is considered forced, and the carriage charge is subject to refund,” the Ministry of Transport indicated.

In practice, this means that if a flight from Russia was scheduled after March 27, then the cost of the air ticket must be refunded, and if before this date, the company has the right to apply the rules for returning the ticket according to the tariff.

True, Russia imposed bans on air travel until March 27. For example, from March 13, 2021, passenger air transportation to Italy, Germany, Spain, France was temporarily banned, and from March 16 - to all EU countries, Norway, Switzerland, with the exception of flights from Moscow to state capitals and back. Refusal to fly on these routes after the introduction of the ban will also be forced, adds Kirill Yankov, chairman of the public association Passengers' Union, in a conversation with RG. But for other countries, for example, Turkey or Armenia, if you refuse a flight, the fare rules will apply.

Foreign countries also imposed flight bans. In this case, the flights were canceled by the airlines themselves, which means that for the passenger such a cancellation of the flight will also be forced and the cost of the ticket will be refunded. It is necessary to understand each individual case, says Yankov. “Regardless of whether the flight was canceled due to restrictions imposed by government authorities in Russia or foreign countries or on the initiative of the airline itself due to low load, the rules for forced cancellation of the flight with a refund of the ticket price apply,” says the expert.

The same principles apply on domestic flights. If the flight is canceled by the air carrier itself, then the cancellation of the flight is considered forced, and the carriage charge is subject to refund, the Ministry of Transport notes. “The passenger’s refusal to carry domestic air transportation while continuing the airline’s flights is considered voluntary, and the carriage charge is subject to refund in accordance with the terms of the tariff,” the ministry said.

A number of flights, including within Russia, were canceled by Russian airlines themselves. In this case, the cost of the air ticket must be refunded, Yankov notes.

In connection with the declaration of a pandemic by the World Health Organization and the cancellation of public events in certain cities, passengers can contact the airline with a proposal to change or terminate the contract in accordance with Art. 451 of the Civil Code of the Russian Federation, even if the airline itself did not cancel the flight, experts from Rosportrebnadzor believe. That is, passengers can refer to a significant change in the circumstances from which the parties proceeded when concluding the contract, and this, according to the law, is the basis for changing or terminating the contract.

But if you fail to agree with the airline on a refund for the ticket, you will have to go to court. He will assess how seriously the circumstances have changed and how to terminate the contract in order to fairly distribute the losses they have suffered between the two parties.

True, there are now many complaints from passengers that airlines do not respond to passenger requests by e-mail and call centers cannot be reached even for questions about involuntary cancellation of a flight, Yankov notes. Airlines should quickly resolve the issue of interaction with passengers, he says.

Meanwhile, the All-Russian Association of Passengers believes that the list of cases of forced refusal of a passenger to fly should be expanded. It is worth introducing into the Air Code a condition on declaring an emergency situation (ES) in the country of arrival. “So, Italy introduced a state of emergency on January 31, but Russia limited flights to this country only on March 13, and the Russians could not return the entire amount spent on tickets,” the association cites an example. The interests of tens of thousands of passengers who lost money or were forced to risk their health suffer.

Refund deadlines for ticket returns

The refund period for a purchased ticket varies from several hours for canceling a movie show to 60 days in case of purchasing an air or train ticket through an intermediary company. The duration of the refund period, in addition to the presence of intermediaries, is also affected by the prestige of the company providing the service, buying a ticket with electronic money (increases the period), the human factor and others. On average, the period during which a refund is made for a ticket that was not used ranges from 7 to 14 days.

Claim for a refund for a concert ticket

If the organization that sold the ticket to the concert refuses to accept it back, thereby avoiding a refund for the ticket that was not needed, then a written claim should be sent to its legal address. The legal address of the company can be found out from the extract from the register of legal entities on the tax website using the TIN number.

The complaint must describe the controversial situation in detail, indicating and confirming that the viewer is right. For the purpose of legal substantiation of the claim, reference can be made to Art. 32 of the Law “On the Protection of Consumer Rights”, according to which the consumer has the right to unilaterally refuse the contract for the provision of services, subject to reimbursement to the contractor for actual expenses incurred. The conclusion of the claim specifies the amount, indicating the bank account for transferring funds and the period during which the viewer intends to receive the funds.

The claim can be delivered by hand (it must be prepared in two copies to receive a receipt from the organization), sent to an email address or by regular mail. When sending to an email address, it is recommended to duplicate the claim by sending it via registered mail with a description of the attachment.

VIDEO : how to make a consumer protection claim correctly

Claim for refund. How to make a claim for a refund

As we mentioned above, such a claim is made in simple written form according to the general rules of business correspondence. Such rules include clarity and conciseness of presentation, adherence to a formal business style, and the absence of spelling and punctuation errors.

In its most general form, a refund claim has the following structure:

1. First of all, you need to indicate the name of the organization to which you are sending it, as well as the full name of the official to whom the claim is addressed (director, boss).
2. Below please indicate your full name, residential address and contact phone number.
3. Then - the place of drawing up the claim (city) and the date of drawing up the document.
4. In the center is the name of the document (“Claim”).
5. In its main part, it is necessary to report the factual circumstances of the case (for example, when and under what circumstances the product was purchased for which you want to return the money, the reason why you are asking for the money back).
6. Specify the deadline for responding to the complaint. Legislatively, this is provided only for state and municipal bodies (organizations), as well as for private individuals whose activities are subject to the Law of the Russian Federation “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-1. In the first case, the period is 30 days, and in the second - 10. In addition, you must indicate in what form you want to receive a response (written or by electronic means).
7. List of documents attached to the claim. They can be very different - starting from a sales receipt and ending with an expert’s conclusion or an inspection report.
8. Finally, the personal signature of the applicant or his representative is affixed. In the second case, a copy of the power of attorney should also be attached to the claim.

Statement of claim for a refund for tickets

There are often situations when a dispute about the refund of money for tickets cannot be resolved without legal proceedings. At the stage of preparing a statement of claim, the following main points should be remembered:

• the claim for a refund for tickets falls into the category of disputes regarding the protection of consumer rights;
• the consumer is exempt from paying state fees for filing a claim in court;
• the consumer has the right to file a claim in court both at the location of the defendant and at his place of residence or place of execution of the contract;
• a claim submitted in advance will increase property claims by 50%;
• to compensate the consumer for moral damage in proceedings on the protection of consumer rights in accordance with paragraph 45 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 28, 2012 No. 17, it is enough in court to establish the very fact of violation of such rights;
• All documents must be copied according to the number of participants in the trial.

In the statement of claim, the consumer indicates in detail which of his rights were violated, by whom they were violated, how and when their violation occurred. In the pleading part of the claim, it is necessary to clearly formulate the requirements for the defendant. In addition to the main demand for recovery of the cost of the ticket from the defendant, additional demands can be made - payment of a penalty for the use of someone else's money, compensation for moral damage, a fine for refusal to voluntarily fulfill claims, reimbursement of legal expenses in the form of legal fees, and others.

VIDEO : how to draw up a statement of claim for consumer protection using the link

The statement of claim with all the documents attached to it can be submitted directly to the court office, sent by registered mail with a list of the attachments. The legislation also provides for the possibility of filing a statement of claim in electronic form if there is an electronic signature of the plaintiff on the documents.

Claim to the airline for a refund

I ask lawyers to help. You need to write a claim to the airline to get the money back for the unused air ticket. I want to write it myself. Do I need to refer to any articles and laws, in accordance with which I ask for a refund or not? If necessary, which ones? What percentage can I demand for late payments, for each day?

If anyone has the text of a completed complaint, I would be very grateful.

Or give up on trying to write it yourself and go to law. office, what would they do there?

Thank you all in advance for your answers. If there are any

On December XX, 2009, through the website https://www.aviacompany.aero, I booked a ticket for flight XXX XX-XX, departure XX.12.2009 at XX:XX from Domodedovo airport. Unfortunately, on Friday, December XX, 2009, I did not have time to register. It was not possible to make any marks on the printout of the electronic ticket: neither at the ticket office, nor at the airline representative office on the 2nd floor of the airport terminal (the office was already closed at 16:50).

I ask you to return the money for the unused air ticket in accordance with the rules adopted by your airline. The confirmation email for your flight ticket is shown below. Also, as an attachment, I am sending a file in pdf format from the visa debit card scanned from the front side, issued by XXX Bank, with which the air ticket was paid for. (The card expires today, December XX, 2009, but it has been reissued, the new card must remain with the same number)

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