A young couple traveled to Italy from December 26, 2017 through January 7, 2018. Prior to departure, they purchased a comprehensive travel insurance policy through ERV, which included coverage for flight delays and lost luggage.
The Flight Delay and Its Consequences
Their Aeroflot flight from Chelyabinsk was delayed by three hours due to adverse weather conditions. Instead of arriving at 4:10 p.m., the couple landed in Palermo at 8:40 p.m. local time. Their rental car was no longer available, and their rented accommodation was inaccessible — the owner had left for the night, the property was 300 kilometers away, and no public transit was available. They were forced to spend the night in a Palermo hotel at a cost of 15,063.25 rubles.
Lost Luggage
On their return journey on January 6, Aeroflot left all of the passengers’ luggage in Italy. The bags were not delivered until January 9 — three days later. Throughout that period, the clients had no information about the whereabouts of their belongings or when they would be returned. One of the passengers was six months pregnant. Purchases of personal hygiene items and airport parking fees amounted to an additional 22,594.70 rubles.
Denials from the Insurer and the Airline
The couple filed claims with ERV Insurance. The company responded by imposing procedural obstacles: correspondence was accepted only by Russian postal mail, a separate claim form was required for each insured event, and original receipts were demanded. A month later, the claim was denied — citing fine print in the policy.
Aeroflot similarly rejected the complaint, despite acknowledging the facts of the delay and the lost luggage.
Court Proceedings
In September 2018, the matter was referred to court. The judge awarded:
- compensation for the flight delay,
- a penalty for the delayed return of luggage,
- a 50% statutory consumer penalty,
- reimbursement of legal representation costs.
However, the court declined to award the hotel expenses and personal hygiene costs. In the judge’s view, the claimants could “theoretically have traveled overnight” (despite the 300-kilometer distance and the pregnancy), and hygiene products were presumably available at home — a fact that, according to the court, should have been documented with photographs.
The appellate court made minor adjustments the following year but largely upheld the original ruling.
Outcome
The clients received partial compensation. They remain dissatisfied with the outcome and continue to challenge the principle: a court may not shift the burden of proving impossible facts onto an injured passenger.
If you have faced a similar situation — a flight delay, lost luggage, or an insurance denial — please contact us. We will review your case and help you pursue the compensation you are entitled to.