Flight cancelled or delayed, denied boarding: compensation: what to do under Georgian law

What to do

1. Applicability: the rules apply to flights from Georgia with any carrier (Rules on Compensation and Assistance to Air Passengers, Art. 1), and to flights to Georgia only with a Georgian carrier (Art. 1). You must check in on time.
2. Cancellation: for denied boarding or cancellation, the compensation is EUR 250 for distances up to 1,500 km, EUR 400 for 1,500–3,500 km, and EUR 600 for over 3,500 km (Rules on Compensation and Assistance to Air Passengers, Art. 7). No compensation is due if you were notified at least 14 days in advance (Art. 5), or if you were notified late but a close alternative was offered (Art. 5), or if the carrier proves unavoidable extraordinary circumstances (Art. 5). If you were not allowed on board, compensation is due immediately, plus assistance (Art. 4).
3. Delay: meals and communication must be provided for delays over 2 hours (up to 1,500 km), 3 hours (1,500–3,500 km), and 4 hours (over 3,500 km) (Art. 6). If the flight is postponed to the next day, a hotel and transfer must be provided (Art. 6). From 5 hours of delay, you have the right to a refund or an alternative route (Art. 6). A fixed sum for delay is not payable (Art. 7), but proven losses caused by the delay are recoverable within 4,694 SDR (Rules on Determining the Obligations of the Air Carrier, Art. 5 (Annex, item 3)).
4. In all cases: a refund of the ticket price within 7 days (Rules on Compensation and Assistance to Air Passengers, Art. 8), or an alternative route on equal terms (Art. 8). Assistance is free: meals, hotel for an overnight stay, transfer, and communication (Art. 9). Vouchers: compensation is paid in money, not as a voucher (Art. 7). Airline rules cannot reduce these rights (Art. 13), and other compensation is not excluded (Art. 12).
5. Procedure: claim to the carrier → Civil Aviation Agency (control and fines) (Rules on Compensation and Assistance to Air Passengers, Art. 3) → court. A lawsuit must be filed within two years from the day of arrival (Rules on Determining the Obligations of the Air Carrier, Art. 5 (Annex, item 10)).
6. Where to apply: the airline → Civil Aviation Agency → court.
7. Evidence: ticket; check-in confirmation; cancellation notice with its date; scheduled and actual departure and arrival times; receipts for food, hotel and taxi; the airline’s written reply.
8. Pitfalls: accepting a voucher without knowing about the right to money; demanding fixed euro amounts for a delay; taking “weather” or “technical” explanations at face value, since the carrier must prove them; a flight to Georgia with a foreign carrier is not covered by these rules, so check the law of the departure country (for the EU, the European regulation); complaining to the Consumer Protection Agency instead of the aviation authority.

Be sure to check

• fixed compensation for cancellation or denied boarding: EUR 250/400/600 by distance; none if notified 14 days in advance or if extraordinary circumstances are proven
• delay: meals and communication at the 2/3/4-hour thresholds; hotel for a postponement to the next day; at 5 hours — right to a refund; there is no fixed compensation for delay
• refund of the ticket price within 7 days or an alternative route; compensation in money, not as a voucher
• who the rules apply to (flights from Georgia — any carrier; to Georgia — only a Georgian carrier)
• claim → Civil Aviation Agency → court (lawsuit within two years)