ПРАВОВІ ЗАСАДИ ЗАХИСТУ ПРАВ ПАСАЖИРІВ ПРИ ПЕРЕВЕЗЕННІ ПОВІТРЯНИМ ТРАНСПОРТОМ

Abstract

The article defines the legal regulation of relations during the recovery of compensation for flight delay, flight cancellation or denial of boarding, as well as identifying complications and problems faced by passengers in the recovery of such compensation due to lack of legal regulation and possible ways. elimination of relevant obstacles in the exercise of this right by passengers.

The article states that it is possible to apply for compensation for damages in connection with the cancellation of transportation, delay or cancellation of the flight both in court and out of court (directly to the airline). In the event of unforeseen situations during air travel, the airline responsible for the flight must compensate you for the inconvenience. It is important to take into account the fact that when filing a written claim against the carrier and / or a civil lawsuit in court, you should duly substantiate your claims to prove the fact of delay, cancellation of the flight, the fact  of overbooking, etc. It is necessary to remember about receipt, drawing up of such proofs at the moment of violation, accordingly to demand at once to provide the above-stated documents / to make the corresponding acts and to keep them. In particular, you must obtain written confirmation of the event itself, as well as save the ticket and all evidence of your service costs (food, travel, accommodation), which by law must be carried out not by you, but still the carrier.

We believe that the Aviation Rules and the Air Code of Ukraine should clearly state the consequences of non-compliance or improper compliance by the parties to the contract, permissible forms and methods of protection of both violated rights and legally protected interests of passengers, among which the main should be compensation. Since in a specific legal relationship for the carriage of a passenger by air it is impossible to determine all the subjective rights and legal obligations that would constitute the content of the contract of carriage, it is the legally protected interests of the person arising from his civil law status, and is the link between benefits and subjective rights that ensure the full protection of passengers' rights in the broadest sense and the possibility of their civil protection. And such a position must be enshrined in law.

It should be noted that the Aviation Rules provide for compensation both in the form of the provision of certain services and the amounts paid, the amount of which is calculated based on the cost of transportation, which the passenger could not use. The amount of compensation may include the documented costs of the passenger related to the delay in transportation, if the passenger for good reasons could not continue the trip, which in any case may not exceed the norms set by the carrier and should not exceed the ticket price. or its unused part in the relevant service class on the flight between the place where the delay occurred and the destination. Accordingly, the Montreal Convention stipulates that the carrier's liability in the event of a flight delay in respect of each passenger is limited to the amount of 4,69416 special drawing rights. And in the event of a dispute, the Ukrainian court will face the dilemma of determining the amount of compensation under the Aviation Rules or the Montreal Convention, and the decision may be made under the Aviation Rules.