Human rights in aircraft
The tips of the “y” to abandon the flight with the long layover.
In early December, around flights “Aeroflot” has detained in the Sheremetyevo, turned scandal: passengers long hours kept in the aircraft, not allowing them to return to wait in the terminal and even to refuse carriage. The problem is not unique, it occurs regularly — not only when the flight delays, but, for example, at the time the landings at alternate airfields.
“Kommersant” together with the senior lawyer of commercial practice Goltsblat BLP Ekaterina Kuznetsova and lawyer of legal Department HEADS Consulting Irina Baskakova understood what rights does a passenger trapped in the cabin.
Is it possible in principle to cancel the flight, if you are already logged in to the plane?
According to the Air code of the Russian Federation and Federal aviation rules (approved by order of Ministry of transport of June 28, 2007 No. 82) the passenger has the right to refuse carriage. The waiver may be voluntary or forced, for example, due to a flight cancellation, delay of departure, or perform it not on the schedule. In addition, the forced abandonment can be justified by the illness of passenger, family member or relative, the next together, the death of a family member of a passenger or a close relative.
In such cases of refusal need to report to check in for the flight, and the circumstances must be documented.
While the legislation does not provide for some special grounds or the time within which the passengers can leave the plane if he suddenly changed his mind to fly. Is the right to voluntary waiver of carriage. The only question is the point until which it can be realized.
There comes a point of no return, after which to leave the plane without serious problems?
The passenger has the full right without any problems and complications to leave the plane until the command to rise from the commander of the crew. This team in turn is given only if permission to take off from the ground services of the airport when the lamp is lit on the hermetic closure of the door in the cockpit, the passengers in their seats, fastened (as reported by the scoreboard, “fasten your seatbelts”), the ship regularly all navigational instruments and is on the runway (WFP).
It is important to distinguish between site-a Parking lot where passengers are served with ladder sit down or leave the plane where the baggage handling, and the very runway (strictly defined rectangular area).