Russian Federation — Air Code Art. 120 (carrier liability for delay)

The clocks it starts

• Six months to lodge a written claim on domestic carriage (Art. 126)On domestic carriage the Air Code requires a written claim to be presented to the carrier within six months, and Art. 128 gives the carrier thirty days to answer. The pre-action claim is also what unlocks the 50% consumer penalty. We have not marked it fatal because Russian courts have accepted consumer claims after the period on the strength of the consumer statute, but do not rely on that — six months is the date to work to.Воздушный кодекс Российской Федерации, ст. 126 (Срок предъявления претензии к перевозчику) — ст. 126Filing window
• Two years for a Montreal Convention claim (Art. 35)Russia acceded to the Montreal Convention with effect from 21 August 2017. On international carriage between States Parties, Art. 19 gives a claim for the loss the delay actually caused, which is capped in Special Drawing Rights rather than at half the fare — a much better limb than Art. 120 where the loss was real.Montreal Convention 1999, Art. 35(1) — Art. 35(1)Limitation period

What it entitles you to, beyond money

• Full compensation for what the delay actually cost youThe second paragraph of Art. 120 preserves the passenger's right to full compensation for the loss caused by the delay, in accordance with the general civil law, on top of the fine. This is the limb worth pursuing: the unused hotel night, the missed connection bought again, the day of a paid tour. It requires receipts and it is not capped at half the fare.ст. 120
• The consumer-protection statute, which is where the leverage isRussian courts apply the Law on Protection of Consumer Rights to air carriage. It adds compensation for moral harm, which needs no proof of pecuniary loss, and a penalty of 50% of everything the court awards where the carrier refused to satisfy a justified claim voluntarily before proceedings. That penalty is why a written pre-action claim matters so much: without one, the 50% uplift is not available.
• Free services during the wait, on a fixed schedulePara. 99 of the Federal Aviation Rules requires the carrier to provide, free of charge and regardless of the cause: a mother-and-child room for a passenger with a child under seven and two telephone calls or emails after two hours; refreshments after two hours; hot meals after four hours and then every six hours by day and every eight by night; and hotel accommodation with transfers after eight hours by day or six hours by night, plus baggage storage. Airlines provide these on request and not otherwise. Ask, and if refused, buy what you need and keep the receipt.п. 99
• Montreal Convention damages for delay (international carriage)On international carriage between States Parties, Art. 19 of the Montreal Convention makes the carrier liable for the damage the delay actually caused you — the unused hotel night, the missed onward booking, the extra meals and transport — unless it proves it took all measures that could reasonably be required. It is capped at 6,303 SDR per passenger (the figure ICAO set with effect from 28 December 2024) and it requires receipts, not a formula. This claim exists independently of any national scheme, and airlines never mention it. The right is extinguished two years after arrival under Art. 35.Art. 19, Art. 22(1)

What the other side will say

Each of these is a refusal this regime lets a counterparty attempt, paired with the answer to it. Reading them before you write is worth more than any amount of polish on the letter itself.

Where to take it next

1. 01Written claim to the airlineSend a written pre-action claim (претензия) to the carrier. Set out the flight, the hours of delay, the Art. 120 calculation, the itemised loss with receipts, and a demand for payment within thirty days. Keep proof of delivery: without a претензия the 50% consumer penalty is not available later, and on domestic carriage the claim is a precondition.Claim direct·typically 30 days
2. 02Rospotrebnadzor — the consumer protection serviceRospotrebnadzor supervises compliance with the Law on Protection of Consumer Rights and can act against a carrier that ignores a justified claim. Its opinion carries weight with a court and its involvement is free.Regulator·typically 90 days·official page
3. 03Rosaviatsia — the Federal Air Transport AgencyRosaviatsia supervises carriers' compliance with the Federal Aviation Rules, including the para. 99 care obligations. It does not award compensation, but a documented refusal to feed or accommodate passengers is squarely within its remit.Regulator·typically 90 days·official page
4. 04Claim in the magistrate or district courtBinding on themConsumer claims in Russia are exempt from state duty up to one million roubles and may be brought in the court where the passenger lives rather than where the carrier is registered. The Art. 120 fine, the itemised losses, moral harm and the 50% penalty for refusing a justified claim all go in the same statement of claim.Small claims·typically 180 days