What Compensation Are Passengers Entitled to When Flights Are Canceled or Delayed by 2 Hours or More?
What Are Passengers Compensated for According to the New Regulations When Flights Are Delayed or Canceled?
On June 30, 2023, the Ministry of Transport issued Circular 19/2023/TT-BGTVT, amending, supplementing, and repealing certain provisions of circulars related to air transport.
According to Clause 2, Article 1 of Circular 19/2023/TT-BGTVT, which has amended and supplemented Article 8 of Circular 81/2014/TT-BGTVT regarding the obligations of carriers (airlines).
(1) In cases of delay or flight cancellation not due to the fault of passengers, passengers are compensated as follows:
- Provided with complete and updated information regarding the delay or cancellation;- Apologized for the delay or cancellation;- Ensured food, accommodation, and transportation and covered other directly related costs appropriate to the waiting time;- Ensured the quality of passenger services at the airport.
(2) In the event of a delay due to the fault of the airline, in addition to the aforementioned benefits, passengers are further compensated as follows:
- Delay of 2 hours or more: Provided with an appropriate itinerary change or transferred to another flight.Exempted from conditions restricting itinerary changes or flight changes and related surcharges (if any);
- Delay of 5 hours or more: If passengers do not request the airline to fulfill its obligations but request a refund, the airline will refund the entire ticket price or refund the unused portion of the ticket at the passenger’s choice;
- Prolonged delay: In addition to the above obligations, when requested by the passenger, the airline must provide a non-refundable advance compensation to passengers who have confirmed seats and tickets on the flight.
(3) In the case of flight cancellation without prior notice
Passengers are compensated as in the case of delay not due to the fault of the passenger and the following:
- Provided a non-refundable advance compensation for passengers who have confirmed seats and tickets on the flight;
- Provided an appropriate itinerary change or transferred to another flight, exempted from conditions restricting itinerary changes or flight changes and related surcharges (if any);
If opting out of the above provisions, the entire ticket price or the unused portion of the ticket will be refunded at the passenger’s choice.
- In case of opting out of the above, the airline may fulfill other obligations as agreed upon with the passenger.
*What Are Passengers Compensated for When Flights Are Delayed or Canceled by 2 Hours or More?*
How Is the Ticket Refund Applied When Flights Are Delayed or Canceled?
Based on the regulations in Clause 9, Article 8 of Circular 81/2014/TT-BGTVT as amended and supplemented by Clause 2, Article 1 of Circular 19/2023/TT-BGTVT as follows:
Minimum obligations of the carrier to passengers who have confirmed seats and tickets on the flight in case the transportation is delayed, the flight is canceled, the departure is early, and passengers are not transported due to the fault of the carrier
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9. Ticket refunds for passengers as stipulated in this Article are applied as follows:
a) Exemption from conditions restricting refunds and refund fees (if any);
b) For completely unused tickets, the refund amount equals the fare paid by the passenger; the fare includes the following: service charge for air transport; state-mandated taxes and fees, passenger security and baggage charges, charges for passenger services at airports collected by the airline; related surcharges according to legal invoices provided by passengers;
c) For partially used tickets, the refund amount shall not be less than the difference between the fare paid and the fare and other services used for that leg of the journey.
Thus, the application of ticket refunds for passengers when flights are delayed or canceled is implemented as per the aforementioned regulations.
When Is Circular 19/2023/TT-BGTVT Applied?
Based on the stipulations in Article 5 of Circular 19/2023/TT-BGTVT regarding the effective date of execution:
Effective date of execution
1. This Circular takes effect from September 1, 2023.
2. Dossier for secondary air waybill registration submitted to the Vietnam Aviation Authority before the effective date of this Circular shall continue to be processed according to the provisions of Circular No. 21/2020/TT-BGTVT.
3. Certificates of secondary air waybill registration issued before the effective date of this Circular shall remain valid until the certificates are revoked.
4. Office Chiefs, Chief Inspectors, Department Heads, Director General of Vietnam Aviation Authority, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular.
Thus, Circular 19/2023/TT-BGTVT regarding air transport is applied from September 1, 2023.
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