How to Get Compensation When a Flight to Thailand Is Cancelled: What the Court Decides

Why a Ticket Cancellation Can Become a Problem

When an airline unilaterally terminates the contract, the passenger gains a right to compensation. In practice, however, things are often messier than they look at first glance. Court rulings show that not every cancellation allows you to recover the full price gap. The key is to know which demands the law accepts and which it throws out.

What a “Replacement Transaction” Is

Article 393.1 of the Civil Code sets out a mechanism that lets the injured party claim damages if the other side breaches an obligation. The idea is simple: if the contract is terminated, the injured party may purchase a comparable good or service and demand the difference between the original price and the new one. The crucial requirement is comparability. The new purchase must essentially replace the old one, not turn into a completely different option.

Court Denied Compensation: A Thailand Example

Recently a cassation court refused Aeroflot a claim for almost 200 000 ruble difference between cancelled tickets to Thailand and a pricier alternative. The denial stemmed from the fact that the new tickets differed in route, departure dates and airports. In the court’s view, those changes make the tickets non‑comparable with the original contract, so they cannot be treated as a “replacement transaction.” The passenger, in effect, bought a different trip, not the same flight at a new price.

An Alternative Way to Recover Losses

A rejection based on the “replacement transaction” does not mean compensation is impossible. In February 2026 the cassation court confirmed that when a carrier refuses to perform unilaterally, a passenger may claim the price difference even without making a new purchase. In that case the calculation uses the market value of the transport at the moment the contract was terminated. This route demands more thorough documentation of the loss, but it opens another avenue for compensation.

How the Conflict Arose: The 2023 Case

In 2023 Aeroflot sold cheap tickets from Yekaterinburg to Phuket and then cancelled them, citing a technical pricing error. Courts handling passenger lawsuits often sided with the travelers, awarding not only the price gap but also moral damage compensation. The airline offered settlements ranging from 28 000 to 67 000 ruble, yet many passengers secured substantially higher amounts.

Practical Tips for Travelers

1. Keep every document – original tickets, airline messages, proof of any new purchase. Without paper trails proving comparability will be hard.
2. Look for a substitute as close as possible to the original – same route, service class, dates and airports. The closer the new purchase mirrors the old one, the better the chance the court will treat it as a “replacement transaction.”
3. If no suitable flight exists, be ready for a market‑price calculation – gather data on comparable flights for the same period (for example, via online aggregators). Those figures will back up the amount you claim.
4. Don’t delay filing – claim periods are limited. The sooner you start, the easier it is to collect the necessary evidence.
5. Remember moral damage – in cases of serious rights violations (mass cancellation due to a systemic error) the court can add compensation for stress and inconvenience.

What to Do When a “Replacement Transaction” Is Impossible

If after the cancellation you cannot find a flight that matches the original, collect information on market prices for similar routes during the same timeframe. This could be ticket prices published a few days before the cancellation or average fares shown by online services. In your claim, state that you are seeking compensation based on market value, citing the 2026 cassation court decision.

Bottom Line

• A unilateral airline refusal is the primary trigger for a compensation claim.

• A “replacement transaction” must be essentially identical: same route, dates, airports.

• When such a transaction is unavailable, a market‑price calculation is possible, but proving the loss becomes tougher.

• Keep all correspondence and purchase confirmations – they become the core evidence in court.

• Don’t shy away from demanding not only the price gap but also moral‑damage compensation if the situation was especially harsh.

Following these recommendations will let you defend your rights more confidently and obtain a fair settlement, even if your ticket to Thailand was abruptly cancelled.

Based on materials from: trn-news.ru.