Rules and Conditions
1.1. The rules are designed with the provisions of the:
- Montreal Convention (Convention for the Unification of Certain Rules for International Air Transportation of 28.05.1999).
- Warsaw Convention (Convention for the Unification of Certain Rules Relating to International Air Transportation of the year 12.10.1929) as amended in accordance with Chapter I The Hague Protocol of 28.09.1955 year.
- Legislation of Ukraine on air transport.
- The general conditions of carriage of passengers and baggage of the International Air Transport Association (general conditions of carriage / passenger and baggage, IATA).
1.2. The aim of the rules is:
- to establish the conditions of carriage, passengers and baggage on aircraft of airline, based on which, the proper level of flight safety and quality of services shall be provided, as well as principles and norms of responsibility of subjects during air carriage of passengers and baggage, including services that are appropriate for such carriage.
- to ensure aviation safety in the air transportation of passengers and baggage in accordance with the law of Ukraine "on state program of aviation civil aviation security" and other regulations developed by virtue of this program.
1.3. If an international agreement of Ukraine, ratified by the Verkhovna Rada of Ukraine has set rules other than those provided herein, apply the rules of the international agreement of Ukraine.
Airline (carrier): an economic player (an entity) that provides a service for transportation of passengers, baggage, cargo and mail air transport on the basis of: licenses and air operators certificates issued by the competent authority for civil aviation of Ukraine, or under the relevant document of the competent authority a country that complies with international treaties that are binding for Ukraine.
Airline (carrier): the airline that performs or intends to fulfill the flight under a contract with a passenger or on behalf of another person, legal or physical, which has a contract with that transport or undertakes obligations to transport the passenger and his / her baggage pursuant to the ticket, as well as undertakes obligations to render all other services connected with such transportation, whether or not it is legal or natural person "operating carrier" or "marketing carrier”. The term “carrier” includes agents, officers, representatives and contractors of the carrier.
Handling agent: a person/subject of airport activity authorized by the carrier to carry out operations on ground handling of passengers and baggage.
Airport activities: activities related to the implementation processes of the ground handling of aircraft, passengers, crew, and transportation of baggage, mail and cargo.
Airport of departure: an airport specified on the ticket, where the carriage of a passenger, baggage, cargo or mail commences.
Airport of transfer: an intermediate airport, specified on the ticket in which, pursuant to the air transportation agreement, the passenger carries transfer or is handling baggage from one flight to another.
Property Irregularity Report (PIR): a document that was drawn up by the carrier in the presence of the passenger immediately, in case of revealing of any damage to the baggage carried by the aircrafts of one or more airlines.
Damage Baggage Report (DBR): a document that was drawn up by the carrier in the presence or absence of the passenger for statement, and describing the character of damage baggage.
Baggage (BAG): items, property and other personal possessions of the passenger that is transported in the aircraft.
Checked baggage: passengers’ baggage accepted by the carrier for carriage, under responsibility for its safety and timely delivery, and for which the carrier issues a baggage check and one baggage identification tag.
Excess baggage: that part of the baggage, which is in excess of the free baggage allowance.
Baggage identification tag: a document issued by the carrier for identification of checked baggage.
Baggage receipt: that portion of the ticket, which relates to the carriage of the checked baggage.
Unchecked baggage (bulky/fragile/valuable): baggage whose properties do not allow its transportation in the hold. This baggage, under the carrier's permit, is carried in the aircraft cabin and remains under passenger's custody.
Unaccompanied baggage: baggage accepted by the carrier for transportation in the aircraft without an accompanying passenger and is checked with an airway bill as cargo.
Transfer baggage: checked baggage of transfer passenger, which is accepted for transportation from the point of departure to the point of destination, and handled at the transfer point.
"VІP" Tag (Very Important Person): identification tag that is fixed to the baggage in addition to the identification tag for marking baggage of very important passengers.
“RUSH” Tag (urgent transportation): identification tag for re-dispatched baggage (lost, unclaimed, mishandled baggage).
Booking (reservation): an advance booking of the seat in an aircraft for a specific flight and date, for carriage of the passenger or advance booking of the volume and tonnage in the aircraft for a specific flight and date for carriage of the baggage, cargo and mail.
Warsaw Convention, depending on which of the documents listed below is applicable concerning the contract of air carriage, shall mean:
Convention of the unification of certain rules concerning international air carriage signed at Warsaw on October 29, 1929 with amendments made by Hague Protocol, signed at The Hague on September 28, 1955.
Convention supplementary to the Warsaw Convention of the unification of certain rules concerning international air carriage performed by the contracted carrier, signed in Guadalajara on September 18, 1961.
Exceptional conditions: conditions under which carriage of passengers and baggage is not subject to regular operations and procedures of operation of civil aircraft, including conditions under which carriage of peacekeeping contingents, carriage for liquidation of natural disasters or accidents etc. is carried out.
Denial of carriage: the carrier denial to admit a passenger or his baggage for a certain flight, regardless of its presence for landing on board, except the existence of reasonable grounds for denying boarding such as health, safety or inadequate clearance required for transport documents (passport, visa, ticket, etc.).
Loss of baggage: non-delivery of baggage to the point of destination within the fixed period of search, and the carrier’s acknowledgement of this fact.
Group transportation: carriage of a group of persons that have a common goal of travel. Minimum group of passenger is two people.
Deported persons: persons who have legally been allowed into the country by its authorities and further violated the national law, or who entered the country illegally and that over time the authorities have officially ordered to leave this country.
Days: calendar days, including all seven (7) days of the week, holidays, days off and inactive days.
Charter agreement: a contract whereby the carrier commits itself to granting the customer for a fee, full or partial capacity of its aircraft, for one or more flights, for carriage passengers, baggage, cargo, mail or other goods as specified in charter agreement.
Electronic ticket: electronic document, which includes the itinerary/receipt, issued by the carrier or on behalf of the carrier, the electronic coupons and, if applicable, a boarding document.
Electronic coupon: part of an electronic ticket used for carriage on a flight, or any other replacement document held in the carriers' database.
Applicable laws: the laws, regulations and orders, as well as other regulatory legal acts of any state that regulate performance of air carriage of passengers and baggage from the territory, to the territory and through the territory of which carriage of passengers and baggage is carried out.
Taxes: charges that are installed by the government, airport or the carrier maintenance associated with air transport.
Mutilated ticket: a ticket whose condition because of the passenger’s fault, makes it impossible to identify or read information indicated on the ticket.
Mixed transportation: transportation that is carried out using various types of transport by single transportation document involving air transport.
Stops on the route (Stopover): previously agreed between the carrier and the passenger temporary interruption of transportation at any point, except for departure and destination points.
Interline agreements (Interline): an agreement of mutual recognition of travel documents and relevant mutual settlement.
Ticket (passenger ticket and baggage receipt): the document or the electronic document issued by the carrier (agent), which includes the conditions of contract, notices and passenger coupons.
Compensation ticket: a ticket issued by the carrier with the presentation of the current passenger voucher / certificate accepted by ticket office in payment for carriage.
Carrier code: conditional alpha or alpha-numeric designation of the carrier, provided by IATA in accordance with established procedure that is used to identify the carrier in the CRS / GDS.
Codesharing agreement (Codesharing): an agreement on sharing the carriers of flights and their codes.
Commercial agreement: any agreement between carriers, except the agency agreement relating to the provision of joint services related to air transportation of passengers and baggage.
Compensation for recourse: compensation costs by third parties.
Escorted person: a person under investigation or convicted and to be transported.
Client: a person that uses air transport or intends to use it.
Itinerary/Receipt: a document (documents) that is part of electronic tickets that contains the passenger's name, flight information and notices.
Point of departure: a place specified on the ticket, where the carriage of a passenger (baggage) commences.
Point of destination: a place specified on the ticket, where the carriage of a passenger (baggage) is completed.
Montreal Convention: Convention for the Unification of Certain Rules for International Air Transportation 28.05.1999, Montreal.
Extraordinary circumstances: circumstances that lead to long delays or cancellation of one or more flights, even if the carrier has taken all reasonable measures to prevent delays or cancellation of flights. Extraordinary circumstances are, including but not limited to, war, riots, sabotage, embargo, fire, floods or other natural disasters, explosions, acts or omissions of public authorities, strikes, technical obstacles arising from the rejection and failure of systems electricity, telecommunications, communications equipment, software and more.
Normal (published) fare: total fare without any restrictions of its applicability approved and published as normal fare, fare with minimal restrictions of its applicability prescribed for carriage in business or economy classes and published in reservation systems.
Check-in deadline: the time of check-in termination, after which passengers that failed to check-in timely, are not accepted to travel on the corresponding flight.
Passenger: person who is carried on an aircraft with the consent of the carrier under the contract of carriage, except for crew members and additional specialists on board an aircraft, aircraft operator employees, authorized representatives of the relevant national regulatory body and the persons accompanying cargo.
Passenger with reduced mobility: a passenger, whose physical, medical or mental condition requires personal attendance (at disembarkation and boarding; during the flight; at emergency evacuation; at ground handling), but who does not cause inconveniences for other passengers (under regular conditions).
Transit passenger: a passenger who pursuant to the air transportation agreement is transported by the same flight on which he/she arrived to an intermediate airport.
Transfer passenger: a passenger who pursuant to the air transportation agreement arrives to the transfer point with one flight, and is then transported by another flight of the same or of a different carrier.
Passenger category – DEPA: a deported person accompanied by a special escort.
Passenger category – DEPU: a deported person without accompanied escort.
Passenger category – INAD: persons who were denied entry into the mentioned country.
Passenger coupon: portion of the paper ticket, issued by the carrier, which constitutes a written notice concerning the conditions of the passenger transportation, and is to be retained by the passenger.
Confirmed reservation: a reservation that was registered in the automated reservation system and confirmed by the carrier. Is indicated on the ticket with ‘’ОК’’.
Transportation: carriage of passengers, baggage, cargo and mail in aircraft on the basis and pursuant to the conditions of the agreement.
International transportation: the transportation of passengers and baggage at which the departure point and destination point no matter whether an interruption in transportation took place or not, are located in the territory of different countries, or in the territory of one country if a stop is planned in the territory of another country.
Domestic transportation: the transportation of passengers and of their baggage, at which both the departure point and the point of destination, as well as all planned stops, are located in the territory of Ukraine.
Flight coupon: the portion of the ticket in case of an electronic ticket, the electronic coupon, and indicates the particular places between which the passenger is entitled to be carried.
Potentially dangerous passengers: the category of passengers, who are by forced to air transportation (escorted, deported), accompanied by authorized officers of the relevant authorities.
Damage to baggage: damage when due to physical or chemical changes baggage is partially or fully decreased in value.
Rules of the airlines: the rules, regulations and technologies established by the carrier for the transportation of passengers, baggage, cargo and mail, and rules for the application of fares, standards, guidelines of passengers and baggage service, and the procedure of consideration of passenger’s appeals, claims and complaints.
Representation of the airlines: the airline department that is in a different settlement of Ukraine or in another country representing its interests.
Claim: a written request of the interested person for indemnification of harm (damage), which emerged during international or domestic transportation.
Overbooked flight: a flight for which a number of passengers that have confirmed reservation and arrived for registration before the passengers check-in deadline, exceeds the number of seats available on the flight.
Scheduled flight: a flight, during which all the seats for passengers, baggage, cargo and mail are available for paid public use and the transportation by between one and the same points according to a published schedule or at fixed intervals, or frequency, which indicates regularity of flight and whether the load is commercial.
Flight charter: an irregular flight, operated on the charterer aircraft under the charter agreement.
Reasonable measures: appropriate measures taken by the carrier to prevent or minimise passenger damage.
Reasonable time: a period of time, the reasonable duration of which in air passenger traffic (baggage) is: two hours or more - for all flights ranging up to 1,500 kilometers; three hours or more - for all flights from 1,500 to 3,500 kilometers; or four hours or more - for all other flights. If the flight delay exceeds five hours beyond the time of starting or finishing the flight specified in the airline’s air traffic schedule, once this period is over, at the request of the passenger, the airline shall return within 7 days the full value of the unused air ticket or the cost of its unused part.
Hand baggage: the unchecked passenger baggage, which is in the cabin of the aircraft approved by the carrier during the transportation, and under the control and responsibility of the passenger, evidenced by a special tag “Approved as cabin baggage”.
Special fare: a published fare that has certain limitations in a part of its application.
Special conditions: the conditions of transportation of passengers and baggage that emerge due to discrepancies between regulations of these rules and of the rules of another country, or if the rules of another country establish a lower level of the conditions of transportation than the one established by these rules, or if another country requires observance of its rules and that implementation of the air transportation agreement is endangered.
Fare: an amount of money, defined by the carrier for carriage of a passenger or per unit weight/volume of baggage on the specified flight at the specified class of carriage.
Fare regulations: the established and published carrier fares and the application rules.
Travel operator (tour operator): a legal entity that organises and provides touristic products, consisting of providing travel services and transportation on an appropriated license.
Agreed stopping places: the points defined on the ticket or shown in the schedule of the carrier as planned stopping places on the route of transportation, excluding points of departure and destination.
Force majeure: the force majeure circumstances, extraordinary and unforeseeable circumstances beyond the control of carrier and passenger, the consequences of which could not be avoided, even having used best efforts (storm, strike, industrial disturbance, declared and undeclared war, threat of war, terrorist act, blockade, revolution, rebellion, insurrection, riots, sabotage, lightning, fire, storm, flood, earthquake, accumulation of snow or ice, bad weather conditions, explosion, emergencies in controlling air traffic, technical difficulties, unresolved international relations, international sanctions and other actions of which are impossible to fulfil the obligations) that actually threaten or prevent safe flight, relieve parties from the contract for default.
Charter transportation: an irregular transportation, which on the basis of the charter agreement, which the carrier provide to another person or charterer for a fee determined by the number of seats or full capacity of the aircraft to one or more flights for passengers, baggage, cargo or mail specified by the charterer.
AVIH (Animal in hold): an animal accepted as checked baggage/cargo in the hold.
РС - ВРС: baggage piece concept.
WС – BWC: baggage weight concept.
Free: free of charge.
ІАТА: International Air Transport Association
INF (Infant): a minor under 2 years of age, not having reached its 2nd birthday.
MEDIF: medical information form which is provided to passengers with reduced mobility.
No-show: a passenger who did not arrive for the flight or boarding on the flight that has a confirmed reservation and who have notified the airline regarding changes in his travel in advance.
PETC: pet in cabin, an animal that is transported in the cabin under the full responsibility of the passenger.
PRM - passenger with reduced mobility.
SPEQ - sporting equipment, which is accepted as checked baggage for transportation in the aircraft.
VIP – very important person (leadership - President of Ukraine, Chairman of Verkhovna Rada of Ukraine, Prime Minister of Ukraine, Minister of Ukraine, Chairman of the Constitutional Court of Ukraine, Chairman of the Supreme Court of Ukraine, General Prosecutor of Ukraine, Head of Security Service of Ukraine, people's deputies of Ukraine and led by their government delegation and the leadership of other countries and led by their government delegation).
3.1. General Conditions of Carriage.
3.1.1. The rules apply to any international or domestic carriage of passenger and baggage performed by aircraft for payment or for hire and to air transportation that is provided for free by the carrier.
3.1.2. The rules apply to passengers traveling on airline's flight (flights) by passenger ticket. Determination of the airline on the ticket as the carrier of this flight is confirmation of the existence of the agreement of carriage on such a flight between the airline and the passenger, who is mentioned on the ticket.
3.1.3. All transportations of passengers and baggage listed in paragraph 3.2.1 of this section are subject to the rules of the airline and airline's tariff regulations valid on the date of the ticket issue (electronic ticket issue), or if such date is impossible to determine - on the date of transportation commencing. For transportation of passengers and baggage, the rules, rates and fees applied at the date of ticket issuance apply.
3.1.4. The rules of airline, terms of airline tariff regulations with changes made after the date of ticket issue cannot be applied to the agreement of transportation of passenger and baggage without notice to the passenger, unless required by applicable laws.
3.1.5. Transportation of passenger and baggage, for which it is impossible to ensure compliance with these rules, the airline is allowed to make such transportation only under special conditions referred to the paragraph 3.2 of this section.
3.1.6. The rules are not used for transportation of passengers and baggage carried by the exceptional conditions that are not subject to the normal operations and procedures for transportation of passengers and baggage.
3.2. Special Conditions of Carriage.
3.2.1 If the airline has proven and relevant state authority acknowledged that the provisions of these rules is practically impossible to fulfill and the general conditions of transportation of passengers and baggage of these rules can be provided using an alternative kind of transport (road, rail, etc.), then such authority may approve a single transportation or a series of several planned transportations of passenger and baggage under special conditions. The overall level of quality and safety during such transportations must be at least equivalent to the level that would be ensured during all specified requirements of these rules.
3.2.2. Rules of airline's special fares and transportation of certain type of passengers and baggage are also special conditions of transportation.
3.2.3. Tickets are issued at special rates - "Rates for veterans and others" for citizens of Ukraine and citizens of countries of the Union of Independent States (CIS), who are allowed incentives on air transport according to the applicable laws.
For the mentioned fares the discounts apply for citizens of Ukraine or citizens of the CIS countries, on condition:
The grounds for the purchase of concessionary tickets are the proper identification of the citizen (Ukraine sample or specimen of the former USSR) and the related list of coupons (Ukraine sample or specimen of the former USSR), which is added to the appropriate certificate.
4.1. The rules are part of the quality assurance program during passengers/baggage carriage.
4.2. New rules, standards, regulations, specifications, technologies, regulations, guidelines must comply with the general quality assurance program of passengers/baggage carriage.
5.1. Contract of Carriage.
5.1.1. Passenger ticket and baggage receipts materialize the contract of carriage and include the conditions of carriage passenger and baggage. Absence, falsity of issuing or loss of the ticket and baggage receipt does not affect the validity of the contract of carriage.
5.1.2. A ticket is valid for transportation of the passenger and baggage on the indicated flight (flights) and requires the carrier to make appropriate arrangements for the passenger and his luggage, and provide other services related to transportation, under the terms of the contract of carriage, except as specified in paragraph 5.1.4 of these rules.
5.1.3. Terms of the contract of carriage attached to the passenger ticket and baggage check, should not contradict the requirements of the Montreal Convention or the Warsaw Convention, whichever of these conventions is applied and these rules.
5.1.4. Passenger does not have the right for transportation by flights, if the airline or its authorized person admits a ticket invalid. A ticket is considered invalid in the following cases:
- ticket is damaged or modified not by the airline or by its authorized agent
- ticket has no stamp from ticket office which issued it (except e-tickets issued through the automated booking system)
- ticket is presented with an absent flight coupon on the flight, all other unused flight coupons and passenger coupon
- incorrectly applied tariff, or not fully paid fares, charges and taxes on the day of travel, not the fault of the carrier
- passenger cannot confirm the presence of a properly issued an electronic ticket (in case of purchasing an electronic ticket)
- found that the ticket purchased by a false or stolen or invalid payment card
5.1.5. When the ticket invalidated is the fault of the airline, if necessary, it will be reissued. Tickets invalidated regardless of the airline are subject to withdrawal or cancellation without renewal and will not be replaced. In all cases, the airline or the person who represents its interests takes formal note with a copy, which is provided to the passenger.
5.1.6. Persons who are found on board an aircraft without a ticket, or tickets that the carrier declared invalid will have to disembark the aircraft.
5.1.7. Upon detection of on board passengers without tickets, formal note is taken and reported to the unit-authorized agency for civil aviation, which is competent in exercising supervision to ensure aviation safety.
5.1.8. Passenger must keep the ticket and other travel documents before the end of carriage, and in the event of a claim, they should keep the ticket and other travel documents until such time as their claim is resolved. Ticket and other transportation documents issued by the passenger should be presented on demand to the official representative of the carrier (airport service agent, etc.).
5.2. Lost or Damaged Tickets.
5.2.1. In case of loss or mutilation of a ticket (or part of it) by a passenger, upon passenger request the carrier can replace such ticket (or part of it) by issuing a new ticket, provided there is evidence, readily ascertainable at the time, that a ticket valid for the flight(s) in question was duly issued and the passenger signs an agreement to reimburse for any costs and losses, up to the value of the original ticket, which are necessarily and reasonably incurred by carrier or for misuse of the ticket. If the passenger does not sign such an agreement, the carrier issuing the duplicate ticket shall be entitled to require the passenger to pay full cost of the ticket.
The carrier charges a reasonable administration fee for the service and issuing of a replacement ticket to passengers, unless the loss or mutilation was due to the carrier or agents negligence.
In case of loss or mutilation of a ticket issued by another carrier, written permission from this carrier is required for replacing of such ticket.
5.2.2. The airline has a right to deny the passenger the provision of a replacement ticket if the:
- passenger requires issuance of a replacement ticket at the airport on the day of flight operations less than three hours before time of departure of the scheduled flight, or in the hours of flight operation, when the airline office, which must grant approval, is not working.
- Passenger refuses to sign the agreement mentioned in 5.2.1. and/or declines to pay administrative fee for such service.
5.3. Prohibition of Transfer of the Ticket.
5.3.1. Ticket must be used only for carriage of the person whose surname and name is shown on this ticket.
5.3.2. The carrier has a right to demand proper identification from the passenger for the purposes of paragraph 5.3.1 of these rules.
5.4. Validity of Ticket.
5.4.1. Validity of ticket includes:
- general term of the ticket
- validity for transportation
5.4.2. The general terms of the passenger ticket give the right to use the ticket for all transactions for the period of validity, including a seat for a certain flight and date, the refund value of a full or partially used transportation and for other payments as are prescribed by these rules or airline fares.
5.4.3. The general terms of the ticket cover the period from the date of issue of the ticket and the expiry of the period specified for a refund for an unused ticket (part of the ticket) by the rules of fare applications.
5.4.4. A ticket with a guaranteed date of departure gives the right to transport passengers and baggage from the first airport and the airport of transfer, stopover or return flight only on the date and flight indicated on the ticket.
5.4.5. Tickets with an open date give the right to carry on to the relevant airport just after entering in the airline ticket, or authorized person, the date of departure and flight number.
5.4.6. A ticket issued at normal fare is valid for carriage during one year from the date of start of carriage, whether part of the ticket is used or unused on the entire flight from the date of issue.
5.4.7. Tickets issued at special fares are valid for carriage only on the date specified on the ticket and on terms according to rules of fare applications.
5.5. Prolongation of Validity Term of the Ticket.
5.5.1. The validity term of the ticket can be prolonged if:
- a flight for which the passenger reserved a seat was not carried out
- the carrier cancels the flight on which the passenger has a confirmed reservation
- the carrier has missed the stopover
- the carrier delays the flight, more time for departure, which is mentioned on the ticket
- the carrier with its actions caused the situation when the passenger fails to transfer to another connecting flight, for which the passenger had a confirmed reservation and which is indicated in the same ticket as the previous flight
- the passenger was refused transportation due to impossibility of providing him/her with the class of service indicated on the ticket. In this case the validity of the ticket of that passenger who was prevented from travelling can be extended until first flight which space is available in the class of service for which the fare has been paid
- the carrier received confirmation of an unhealthy or diseased passenger or member of the family that travels with them on the aircraft, and provides the possibility for travel to this type of passenger after recovery
5.5.2. If after having commenced the journey, a passenger is prevented from traveling within the period of validity of the ticket by reason of illness, the carrier may extend the period of validity of passenger's ticket until the date when he/she becomes fit to travel or until the carrier's first flight after such date, from the point where the journey is resumed on which space is available in the class of service for which the fare has been paid.
A medical certificate must attest to such illness.
In such circumstances, the carrier will similarly extend the period of validity of tickets of other members of passenger's immediate family accompanying him/her.
5.5.3. In the case of a death of spouse or family member of a passenger who did not yet travel, or the death of a passenger en route, persons accompanying a passenger can extend the term of tickets, and increase up to the time required to stay post event.
The prolongation of validity of tickets can be made up to 45 days from the date of death of the person, on presentation to the airline of appropriately executed copy of the death certificate and the relevant application.
In applying these rules, members of the family of an individual are considered - their spouse, children as individual and their spouse (including adopted), parents, grandmother or grandfather as an individual and their spouse, brother or sister as an individual and their spouse, grandchildren as an individual and their spouse and other dependents of such individual's or guardian established in accordance with the law.
5.6. The Sequence of Flight Coupons.
5.6.1. The airline accepts flight coupons only in sequence, starting with the first airport of departure specified on the ticket.
5.6.2. The ticket is declared invalid, if a sequence of flight coupons has been violated, provided that there is no fault of the airline or its authorized agent.
5.6.3. Passenger coupons and all unused flight coupons not previously returned to the carrier remain with the passenger during a travel and should be given to the carrier at its request. In case of violation of a sequence of flight coupons, carrier can deny transportation and refuse to refund the cost of unused flight coupons.
5.7. Class of Service.
5.7.1. The carrier provides the service pursuant to the paid class of service to passengers. The carrier (its agent) informs the passenger when booking, on the facilities available in the respective class.
5.7.2. A passenger accepted for transportation in the class of service specified in the flight coupon on the date of the flight and the flight on which the passenger has a confirmed reservation.
5.7.3. If the ticket is issued to the passenger without confirmed reservations, the place reserved at the request of the passenger during his flight registration in case of availability of such space in the paid class of service of the flight.
5.7.4. The carrier has the right, for technical or commercial reasons to raise or lower the class of service. In the case of lowering the class of airline service, the carrier must inform the passenger as soon as possible and offer appropriate compensation based on the cost of lowering class of service, subject to paragraph 17.5 of these rules.
5.8. Term and Conditions for Refund of Tickets.
5.8.1. Tickets can be produced to the carrier for refund of paid amount for partially or completely unused transportation, if the fare rules allow the return.
- before departure
- during the period validity of ticket for transportation
The carrier can extend the period of validity of the ticket, taking into consideration the circumstances that made it impossible for the timely submission of passenger unused, or partially used tickets to seller (airline or its agent) for refund amounts.
5.8.2. The refund for unused or partially used tickets is held in compliance with the rules of the fare set by the airline.
5.8.3. Termination specified in paragraph 5.8.1 of this article does not limit the terms of the passenger rights to declare to the ticket seller (airline or its agent) a claim under the provisions of paragraph 29 of these rules.
5.9.1. The carriers name may be abbreviated to its designator code UWJ
5.9.2. The carrier (or its authorized agent) shall advise the passenger on the full name of any carrier abbreviated to its designator code on the ticket upon reservation or ticket issue.
6.1. A stopover is allowed only under condition that it is previously agreed with the carrier and is indicated on the ticket.
6.2. If a passenger holds a ticket issued upon published fare, stopovers within ticket validity will be permitted at any agreed place along the transportation route.
6.3. If a passenger holds a ticket issued upon special fare and makes a stopover that is not foreseen by the carrier's fare regulations, he/she may be charged an extra fee.
7.1. Applications of Fares and Charges.
7.1.1. Applicable fares are the fares for a flight or flights, from the point of departure to the point of destination that are indicated on the ticket, valid for the respective class of service as of the day of payment for the ticket, that are established and published by the airline or on behalf of the carrier (or if they are not published, then they are calculated pursuant to the carrier fare regulations). Each fare provides the rules of its application, which establish the validity term of the ticket, conditions of application of the fare and refund of unused part of ticket.
7.1.2. The fares do not include the transport services between the airport terminals and between the airports and city terminals.
7.1.3. Airport charges (taxes) for the provision of services to passengers when they are at the airport shall be established and approved in accordance with applicable law and published in a form accessible to users.
7.1.4. Full cost of transportation consists of the fare with airport charges and taxes. Charges and taxes are not included in the applicable fares.
7.1.5. Air carrier may establish additional taxes, such as fuel surcharge, collection of safety, service charge and others.
7.2. Payment of Charge.
7.2.1. Airport charges and taxes established for any services or equipment may be included in the cost of transportation or be paid separately with the document confirming the payment for these services.
7.2.2. The fares and taxes to / from / within Ukraine published by carrier and airports in the CRS / GDS in the currency, which was approved by the state administration in the field of civil aviation and agreed upon by the conference of IATA tariff policy coordination.
7.2.3. Payments on the territory of Ukraine and the exchange rate for the services of air transportation are pursuant to current legislation of Ukraine.
7.2.4. Payment services of transportation in international direction may be implemented in a freely convertible currency according to the appropriate permissions authorities. The carrier determines the exchange rate.
8.1. Reservation Requirements.
8.1.1. Reservation of seats on the aircraft and transportation capacity for extra baggage for a certain flight and date is essential for passenger and baggage carriage.
8.1.2. CRS / GDS is applied on the reservation of seats on the aircraft. Make the reservation of place and volume tonnage by mobile (stationary) telephone, Internet access, specialized self-service machines and more. The general conditions for the application methods are at present reservation in the CRS / GDS.
8.1.3. Reservations carried within the terms and procedures established by the carrier.
8.1.4. Passengers’ passport data for reservations is entered in accordance with applicable legislations and international agreements to which Ukraine is party.
8.1.5. The carrier or sales agent shall inform the passenger (or his representative) of the terms of payment and terms of ticket issue and of possible changes to the schedule of flights.
8.1.6. The contract for transportation is not concluded and the reservations are preliminary in cases where the passenger (or his representative) has not paid the full cost of transportation.
8.1.7. Ticketing time limits - if a passenger has not paid for the ticket prior to the specified ticketing time limit, as advised by the carrier or its authorized agent, they may cancel the reservation.
8.1.8. In order to prevent illegal use of bank payment cards, the airline can demand from the passenger the evidence supporting the legality of using a credit card to pay for transportation. Such evidence could include fax or scanned copy of the front side of the credit card, a copy of the passport of the passenger, written consent of a third party for payment with his card with the presentation of a copy of his passport, both during ticket purchase and at the check-in point.
The failure of the passenger to provide evidence of the legality of use of the payment card to pay for the ticket or the passenger’s failure to present his bank card, which was used for paying the ticket or the failure to provide adequate explanation of the reasons for its absence, the airline may refuse to issue a passenger ticket or refuse a carriage at the check-in point for the flight.
Also, the airline has the right, at any stage, to refuse the carriage of the passenger or cancel a reservation or to remove the passenger from the aircraft at the request of the airline if the passenger has not presented the evidence that could confirms the payment made to ensure the transportation.
8.1.9. Cancellation of onward reservations ("no-show") - if a passenger does not show up for the flight he/she has confirmed reservations for and fails to inform the carrier about changes in his/her travel in advance, the carrier is entitled to cancel the reservation for this flight and for the next segment of the route and the return flight.
8.2. Information about the Passenger.
8.2.1. The passenger notifies the carrier or agent of the necessary information concerning their personal data and the special conditions of its carriage during the process of reservation. Also, the passenger must provide the airline or agent with reliable information regarding phone number, address and other possible communication methods so that timely notifications can be informed to the passenger.
In the case of the absence of proper communication methods with the passenger, documented by the carrier (agent), the responsibility for the consequences of delay of notifications and informing the passenger regarding the carriage lies with the passenger.
8.2.2. Reservations shall not be made if the passenger refuses to provide the necessary information for reservations and data maintenance.
8.2.3. The carried passenger reservation indicates that the passenger voluntarily agreed with conditions of reservation and provided personal data for usage and saving by the carrier and sales agents.
8.2.4. Passengers completing a reservation provide their full and unconditional consent to the collection, processing and use of personal data by the carrier.
8.2.5. Within the limits set by current legislation of Ukraine and countries of destination, the person who sells transportation (sales agent), is required to properly maintain and keep the privacy of passengers. In this case, the passenger airline trust that the agent will store the personal data themselves and provide data as appropriate to requests: authorized government agencies, employees and carrier agents, other carriers, providers of additional services for reservation or reissuing, receipt of additional services, organisation of search and storage warning system / definition of fraud with shipping documents, providing information regarding entry / exit route of transportation.
8.3. Providing the Seats
8.3.1. Reservations can be made with or without allocation of a specific seat. For reservations without allocation of a specific seat for the passenger, the number of the passenger’s seat is determined when the passenger checks in for the flight.
8.3.2. The carrier may change the given place even after the boarding of a passenger for reasons of safety, technical and other reasons.
8.3.3. If a ticket is issued with the open date of departure (no reservation mark) then the seat is reserved on a general basis for the availability of seats on the flight.
8.3.4. If the passenger has a ticket with an open departure date and asks for a seat and the carrier realises this is not possible; in this case, the carrier or sales agent should provide a reservation on the next flight that has available space.
8.3.5. First-priority and out-of-turn priority for seat reservations on the flight for certain categories of people is defined by current legislation of Ukraine and additions to the list of such persons by airline.
Out-of-turn priority seat receiving on the flight is available to:
- VIP persons, members of the Cabinet of Ministers of Ukraine, Heroes of the former Union of Soviet Socialist Republics (USSR), Heroes of Ukraine, Heroes of the work of the former USSR, Hero of Labour of Ukraine and those who were given the following three levels of awards - "Glory," "Labour Glory" "For service to the armed forces of the family in the USSR" and four medals "For courage"
- transfer and transit passengers
- disabled war 1-3 groups, involved in the military operation, war participants who buy tickets for themselves and for those who travel with them.
First-priority seat receiving on the flight is available to:
- disabled workers 1-2 group,
- persons with reduced mobility (the disabled)
- persons with children under 5 years and persons with two or more children under 12 years
- passengers who have tickets with an open date of departure
8.4. Reconfirmation of Reservation.
8.4.1. The carrier may require passengers to reconfirm their return flight. Reconfirmation of return flights is required in the implementation of passenger travel whereby scheduled flights have connections with other flights (for transit and transfer passengers).
The procedure for confirmation of the return flight is determined by the carriers return in the communications conditions of the air transportation as an integral part of the ticket.
In case of necessity of reconfirmation of reservation before return flight, the carrier (sales agent) is obliged to inform the passenger.
8.4.2. Reconfirmation of return flights is not required if the expected return flight departs in less than 72 hours or if a flight is reserved less than 72 hours before departure.
In the case where the passenger has several segments of a flight, the evidence is for each segment.
8.4.3. If the carrier demands the passenger to reconfirm reservation, then non-fulfillment of this demand by the passenger gives the carrier a right to cancel reservation for return flights not less than 72 hours before departure. The carrier is obliged to inform the passenger when and how the reconfirmation can be done.
9.1. Passenger handling at airport
9.1.1. Airline through the airport (airport business agent) and handling agent provides passengers at the airport of visual and acoustic information on:
- Time of departure and arrival of the aircraft;
- Location, beginning and ending of check-in time;
- Delays or flight cancellations and causes of delays and flight cancellations;
- Vehicles and routes of transition between the airport terminals or travel between the airport and from the airport to the city;
- Rules and procedure for the inspection of passengers and baggage before and after flights;
- General rules for passenger requirements related to border, customs, immigration, health quarantine, veterinary, phytosanitary and other types of controls, in accordance with applicable law;
- Location of the room mother and child, police post, information, aid station, restrooms, etc.;
- Place of receipt and action in the case of passenger delay, damage, destruction and lack of baggage.
9.1.2. All announcements in airports should be performed in Ukrainian. At international airports announcement additionally be performed in English and / or language of the country from / to which the flight is operated.
9.1.3. At the airport, airline or an airport agent or handling agent provide:
- registration of passengers and baggage for transportation;
- Ground transportation of passengers and their luggage to the aircraft and provide passengers boarding in the aircraft and load their luggage;
- Provide passenger disembarking from the aircraft and baggage offloading, ground transportation to airport arrival terminal and baggage delivery.
9.1.4. Start and end of the registration of passengers (tickets) and luggage for the flight is defined by the airline. On terms and procedures of the beginning and end of the registration of passengers and baggage information is provided in paragraphs 11.3-11.4 hereof.
9.1.5. End time of passengers boarding in the aircraft is defined by airline. This time cannot end earlier than 10 minutes before the departure time of the flight indicated on the ticket
9.1.6. Start and end of the registration and passengers boarding in the aircraft indicated on the ticket or on another document issued for the passenger at the time of purchase.
9.2. Passengers Service on Board.
9.2.1. Airlines provide passengers in the aircraft a package of services depending on the type and arrangement of the aircraft, flight duration, day, time of flight and class of service indicated on the ticket.
The scope and the order of services determined by the rules of the airline.
9.2.2. On board of the aircraft the airline provides:
- Information of flight conditions and general rules of conduct of a passenger on board of the aircraft, the location of main and emergency exits, disembarking regulations in emergency situations, locations in the aircraft of personal protection equipment and inflatable ladder;
- Provide cold and / or hot drinks and food;
- First Aid.
9.2.3. Provision of soft drinks is mandatory free service of airline (tour operator).
Per each hour of flight minimum standard norm of soft drinks is - 100 ml, if no food - 150 ml per hour of flight. During the period from 15 April to 14 October the norm of soft drinks increased to 150 ml.
9.2.4. Hot food available on board the aircraft in accordance with standards of the airline. Food and hot drinks may not be provided to passengers, if such conditions are defined by the airline (tour operator) and the passenger is informed of the conditions of service on board before concluding the air transportation contract or purchasing a travel package.
9.2.5. Airline may provide additional services for passengers to increase the level of flight comfort.
The list of additional services for increased level of comfort, order to provide and payment are set by the airline.
Airlines inform passengers about additional services by their own method.
9.2.6. To provide First Aid during the flight, the airline must have on board first aid kits in the following amounts:
- Number of passenger seats from 0 to 99 - 1 unit
- Number of passenger seats from 100 to 199 - 2 units
- Number of passenger seats from 200 to 299 - 3 units
- Number of passenger seats from 300 and more - 4 units.
9.2.7. Airline (airport business agent) in case of pre-booking request of passengers with disabilities provides transportation on a special wheelchair after check-in to the appointed place on board.
10.1. Transportation of Passengers with Reduced Mobility
10.1.1. Passengers are obliged to decide the ability to carriage independently, and to implement the travel, based on their health.
10.1.2. The carrier is not responsible for the aggravation of a passenger or other consequences that can occur with a passenger while boarding, during the flight or ground carriage within the airport because of passenger age or their mental or physical condition.
10.1.3. Passengers whose physical condition causes concern (seriously ill, patients on stretchers and others) are allowed to air transportation in the case of presentation of the relevant reference from a health institution that it is not contraindicated transportation by air, and in some cases that his disease does not threaten others.
10.1.4. Transportation of seriously ill and sick passengers on a stretcher can be carried out only when accompanied by a person who will provide nursing care during the flight.
Transportation of patients on stretchers is provided by giving them seats in the aircraft with payment at the rate that is set by the airline.
The required medical qualifications of the person accompanying the patient should be determined by the medical institution.
10.1.5. In cases where the patient (traveller) cannot be transplanted from a stretcher on to a chair, the possibility of transportation on a stretcher is determined in advance by agreement between the airline and the passenger or the person accompanying the patient.
10.1.6. Airlines may refuse to transport a patient on a stretcher in the absence of aircraft conditions required for the transport of such patients.
10.1.7. Request for assistance in transporting sick passenger should be sent to the airline:
- on behalf of the patient who is to be carried on a stretcher, not later than 72 hours before departure. Airlines must provide a response no later than 36 hours before departure.
- for other patients with disabilities, not later than 48 hours before departure. Airlines must provide a response no later than 24 hours before departure and must notify the agent who made the reservation and made a request for the appropriate service and notify the airport of departure, destination and transit.
10.1.8. Blind and deaf passengers, who are accompanied by a dog will be placed in areas where there is plenty of space for dogs, in compliance with safety rules. Dog is transported free of charge.
A blind or deaf passenger may without additional payment transport a seeing-eye dog in the AC passenger cabin under condition of presence of a document that certifies special training of such a dog and under condition that during the flight such a dog will stay at this person's feet in a muzzle and on a leash.
A seeing-eye dog may not be given a separate seat.
For transportation of a passenger with a seeing-eye dog, the airline has a right to demand the provision of a document that certifies the necessity of the passenger's accompaniment by such a dog.
10.1.9. Passengers with disabilities will be placed on board the aircraft so as to not interfere with emergency evacuation of passengers from the aircraft.
10.1.10. Management and employees of the airport and airlines take steps to help people with disabilities to enable them and by:
- informing others about their arrival at the airport and requesting assistance in certain areas inside and outside the terminal buildings of the airport
- moving from designated point to the reception area
- checking-in and dropping baggage
- moving from check-in desk to aircraft with the passage of immigration, customs and other procedures
- assistance with boarding the aircraft by lift, a special wheelchair or other facilities
- assistance with moving from the door of the aircraft to seat
- storing and handling of hand luggage in the cabin
- assistance with moving from seat to the door of the aircraft
- disembarking from the aircraft using the elevator, special wheelchair or other facilities
- assistance from aircraft to the baggage hall and retrieval of luggage with the passage of immigration and customs procedures
- assistance from baggage hall receipt to a designated point
- in the case of transfer to a connecting flight, assistance will be provided on the ground and in the aircraft and if necessary, within and between the airport terminals
- if necessary, assistance will be provided when moving to the toilet and aid station
- obtaining the necessary information for flights in the acceptable formats
- making a temporary replacement for such mobility aids in case of damage or loss
10.1.12. If there is a person accompanying an individual with disabilities, then that person at his request is permitted to provide the necessary assistance at the airport, during boarding and disembarking from the aircraft.
10.2. Transportation of Pregnant Women.
10.2.1. Pregnant women are accepted for air transportation by the airline, if the term of pregnancy is up to 36 weeks (8 months but not more than 4 weeks before birth), or with a multiple pregnancy – up to 32 weeks and in cases of satisfactory levels of health. The above should be confirmed in the form of a hospitals term pregnancy report detailing the level of health and the calculated expected time of birth and should be provided to the airline after 28 weeks of pregnancy.
10.2.2. Pregnant women with a term of pregnancy more than 36 weeks (when the expected birth may occur in less than 4 weeks) must provide a medical certificate (MEDIF) detailing their health. This certificate must be completed in hospitals not earlier than 30 days before commencement of transportation. The medical certificate must indicate the stage of pregnancy and provide confirmation that the pregnancy is without complications.
The medical certificate (MEDIF) may be necessary in earlier stages of pregnancy, if the representative of the airline have a question about the timing of pregnancy or birth terms expected, or if the pregnancy is experiencing complications.
10.2.3. The airline refuses pregnant women for transportation even with a medical certificate (MEDIF), if the birth is expected within the next 7 days.
10.2.4. Transportation of women after giving birth, and new-borns during the first 7 days after the date of birth is forbidden.
10.2.5. For transportation of children born before the natural term, parents or accompanying adults must present a medical certificate (MEDIF) for each child, which confirms the possibility of child transportation by air.
10.2.6. The responsibility for accuracy of the medical forms confirming possibility of travelling by air for pregnant women lies with their holders, parents of children and accompanying adults.
In the case of deterioration of health or other adverse effects of infants during their air transportation or ground transportation within the airport, full responsibility lies with assigned adults.
10.2.7. In the case where a registrar (airline representative) has any doubt about the possibility of safe air transportation of a pregnant woman, which exceeds the term of pregnancy - 35 weeks, and in case of multi pregnancy - 32 weeks, transportation may be refused.
10.3. Transportation of Children.
10.3.1. The categories assigned to children on air transportation are; infant - INF for 2 years, and children - CHD from 2 to 12 years.
Infants (which at the date of departure of the flight are under 2 years old) are carried without a separate seat at the special rates set by the airline.
Children from 2 to 12 years (on date of dispatch are under 12) are carried on a separate seat at special rates set by the airline.
10.3.2. Children can be carried as accompanied and unaccompanied passengers, subject to the following requirements:
- children unaccompanied, are aged 5 to 16 years if they are in the air transportation and are not accompanied by a person under 18 years old.
- children who at the time of flight departure are under 5 years are not accepted without accompanied by adults.
- the airline can determine the age when a child may be accepted for carriage without accompaniment by an adult.
- children who travel unaccompanied are only accepted for transportation after providing properly executed and completed documents, and parents or tutor complete the relevant supporting documents and make payment of services in accordance with the fare rules of the airline.
10.3.3. Childs age is determined on the date of commencement of transportation from the airport of departure indicated in the travel document.
10.3.4. Each adult passenger is entitled to carry with him only one infant without a separate seat.
Each adult passenger is allowed to carry with them no more than two infants - one without a separate place, and the second on a single seat, payment for such transportation is in accordance with the rules of the child fare (CHD) set by the airline.
10.3.5. The baby, which has paid for a separate seat should be carried in a car seat to transport children, certified for use in air transport.
In cases where the passenger doesn't have the appropriate car seat and fails to comply with mentioned conditions, the airline has the right to refuse transportation of the infant in a separate seat.
10.4. Transportation of Deported, Inadmissible Passengers and Criminal Persons.
10.4.1. The carrier is not responsible for any denied entry into a country for passengers by the state authority.
10.4.2. Passengers must, at the request of airlines or government authorities, return to the point of departure or to another location (which they are permitted to enter) in the case of refusal to enter a country, regardless of whether this country is a destination or transit.
Also, the passenger must pay to the airline the appropriate cost of return transportation.
10.4.3. Airlines may use any funds previously paid for an unused ticket or which remained at the disposal of the airline, to cover return transportation of such passenger.
10.4.4. Amounts paid by the passenger for transportation to the point where he was refused entry, or deportation, are non-refundable.
10.4.5. Tickets for the transport of civil / criminal deportees shall be paid by the state government that decided to deport such persons to a country (deportation).
10.4.6. Before the transportation, the airline must be provided with all information concerning potentially dangerous passengers on the flight that are forced to use air transportation. When escorted persons are carried on board the appropriate entries must be made in the relevant documents.
10.4.7. Airlines may refuse to transport civil or criminal deportees in accordance with paragraph 12.1 of these rules without the necessary documents for transportation, or if they have reason to believe that the deportees may pose threat to life and health of other passengers, or damage to the safety of the flight.
10.4.8. It is prohibited to refuse the transport of potentially dangerous passengers due to instances of aircraft replacement or changes in configuration.
10.4.9. Deportees are transported only in the economy class cabin of an aircraft. In case of over sale, upgrade is prohibited for this category of passenger.
10.4.10. Delivery and boarding of deported, inadmissible passengers and criminal persons is made prior to the boarding of general passengers.
Disembarking of such passengers from the aircraft is performed after all other passengers have disembarked.
10.4.11. The service of alcoholic beverages, hot food and metal tableware to potentially dangerous persons is forbidden.
10.4.12. The seats reserved for this category of passenger in the aircraft are limited to the last row of the economic class cabin.
If possible, potentially dangerous passengers must be separated from other passengers by one or more rows of free seats.
10.4.13. Potentially dangerous passengers are not accepted for flights that carry a group of children or VIP persons.
10.4.14. Deported, inadmissible passengers and criminal persons are accepted by the airline for direct air transportation under the following conditions:
- the relevant state authority which ordered the deportation (departure), not less than 24 hours before the flight departure provide the airline with sufficient information for deported persons. (Flight number, number of deportees, the reasons for deportation, the presence among the deportees who were brought to criminal responsibility, the presence of sick and mentally ill passengers and the list of officials accompanying deportees.)
- all the necessary documents for admission to the transportation of such persons are provided.
10.4.15. Deported (category DEPU), inadmissible passengers (category INAD) and criminal persons shall be accepted by the airline for transfer transportation under the following conditions:
- reservation of transportation for passengers is confirmed on all sectors of transfer route
- transfer is not connected with the transfer / movement of deported to another terminal or airport
- transfer is not associated with an overnight stay at the point of transfer; the minimum time of flight connections cannot be less than expected for the airport and has to take into account additional time for transportation and accommodation of such persons for transfers to another flight
- if the number of deported persons (category DEPU) is not more than 6 people and none of them, and by definition of Office of the Commissioner, create a hazard to the crew and passengers, their transportation can be carried out without escort. In this case the crew is formed of strong staff and usually includes the involvement of male flight attendants
- if the number of deportees (category DEPU) per flight is more than 6 people (10), in the interests of safety an authorized support representative person should be executed as a crew member
- for the escort of more than 10 deportees (category DEPU) two competent representatives should be provided and will be assigned as crew members
Representatives of the competent persons are representatives of law enforcement authorities that perform police functions or staff security structures that are responsible for providing security on board aircraft during transportation of the above categories of passengers.
10.4.16. Deported (category DEPA) and inadmissible passengers and criminal persons in custody are accepted for transportation under the following conditions:
- transportation is coordinated with the competent authorities of departure and arrival countries
- the airline at least 72 hours prior to departure are advised in writing about the date and route of transportation, escort terms, the level of risk persons / escorted person and the list of officials who will escort deportees / persons
- transportation is not connected with a transfer
- all necessary admission documents for transportation are presented
Deported (category DEPA) and inadmissible passengers, who are accompanied are transported in groups of no more than two persons per flight. Such passengers must be accompanied by at least three accompanying persons. At the request of the carrier, the number of maintainers can be increased up to 4 persons. Only employees who have skills of such work may escort the deported passengers.
Criminal persons in custody can be accepted for the same flight in number: arrested - no more than two persons; arrested and dangerous - not more than one person per flight.
Each person in custody must be accompanied by at least two security guards (employees of the agency which performs police functions).
10.4.17. It is forbidden to separate families of deportees during transportation. In the case of transportation of large families of deportees, at the discretion of the airline it is allowed to exceed the limit of civil deportees per flight.
10.4.18. Dangerous criminal persons in custody who are accepted for transportation should not exceed more than one person per flight and should be escorted by at least two security guards (employees of the agency which performs police functions).
10.4.19. Requirements for flight safety during transportation for persons in custody are similar to the requests for transportation of criminal deportees.
11.1. Passengers are transported in accordance with the ticket issued.
11.2. For transportation of passengers and baggage, the carrier or agent is to provide a service under the terms of the contract of carriage, registered passengers and baggage using the departure control system (DCS), or if necessary, conduct hand registration of passengers.
11.3. Normally registration (check-in) of passengers and baggage for flights starts at the airport not later than 2 hours and closed not later than 40 minutes before scheduled departure. However, the start time of registration can vary depending on the conditions of the departure airport and with the agreement of appropriate handling companies.
11.4. For observance of formalities connected with the procedure of departure, the passenger has to arrive at the checkpoint for registration with the necessary documents for the trip not later than one (1) hour before scheduled departure.
If the passenger arrives to the checkpoint for registration after the designated passenger check-in deadline or arrives without the necessary documents for the trip, then the carrier has a right to cancel the reservation and is not obliged to delay the flight.
11.5. The registration of passengers and baggage is based on the ticket, the passenger's identification document and other documents associated with the law of Ukraine and laws of the country of destination or transit.
11.6. The airline has a right to check the passenger's documents provided for transportation. In the absence of relevant documents and entry (transit) visa required for passenger travel, the carrier can refuse carriage. In this case, the refusal to carry passengers will be mandatory.
11.7. During registration a passenger will be provided with a boarding pass for the flight indicating passengers name, IATA code or ICAO code of the carrier, flight number, date and time of departure, latest boarding time, the number of departure gate, the service class and the number of a seat on board.
11.8. The latest boarding time for an aircraft depends on the circumstances of flight operation and is established by the carrier. Passengers are informed of same at the airport of departure.
Despite the process of boarding for passengers (transportation by bus, telescopic ladder or sleeves, etc.) and the location of the parked aircraft, the end time for boarding passengers on the aircraft cannot end earlier than 10 minutes before the time of departure.
In case of late passenger boarding, the airline cannot accept a passenger for transportation and is not obliged to delay the flight.
In the case of passenger delay or no-show for boarding, it is believed that the passenger voluntarily refuses the transportation.
11.9. During the registration of passengers and baggage, the passenger shall be present at the check-in desk for weighing and external review of all their baggage and hand baggage.
11.10. The airline or handling agent shall be notified of the ticket number and weight accepted baggage on the baggage receipt, and will issue the coupon of baggage tags for checked baggage.
If the passenger has the ticket in electronic form, information on the number and weight of baggage will be specified in the electronic registration system and the "route-receipt” (Itinerary / Receipt).
11.11. To indicate the special conditions of checked baggage, in addition to the baggage tag there will be a special warning label without a number.
On items that will stay on board with a passenger during transportation and have been permitted for transportation a special tag will be attached (Approved cabin baggage).
11.12. After registration, baggage liability for the integrity of checked baggage lies with the airline.
11.13. For transportation of baggage that exceeds the baggage allowances, these will be charged at the rate set by the airline.
The payment for transportation of such baggage will receive a receipt issued for payment of transportation allowance or Miscellaneous Charges Order (MCO).
12.1. The carrier has a right deny transportation at any stage to the passenger / baggage and can disembark the passenger from on-board or cancel the reservation, if it establishes that such an action is necessary
- for observance of applicable laws of the country of departure, arrival or transit
- to ensure the requirements of government authorities of Ukraine (Ukraine's Security Service, Ministry of Internal Affairs of Ukraine), border, customs, health and quarantine, veterinary, phytosanitary and more.
12.2. The carrier has a right deny transportation at any stage to the passenger / baggage and can disembark the passenger from on-board or cancel the reservation on the basis of their own grounded decisions, if:
1) Due to the passenger’s behavior, age, psychical or physical condition, if there are reasons to presume that the passenger:
- requires special aid from the airline, that the airline due to certain circumstances cannot render to him / her
- will cause discomfort to other passengers
- will cause emergence of any risk for him or herself or for other passengers, or property of passengers and of the airline
2) If passenger did not follow the instructions of the carrier, if the carrier is concerned about securing the safety of the flight, comfort and quality of transportation of other passengers, if individual creates inconveniences for transportation of other passengers, in connection with which the airline may not be able to perform its obligations to passengers that are on board the aircraft.
3) If the passenger behaves in such a way or demonstrates such behaviour that causes concerns for the safety of the flight during transportation of such a person. Such behaviour includes passenger’s aggressive behaviour including threats to other passengers, employees of the carrier and the crew.
4) If the passenger refuses to undergo inspection for aviation safety.
5) If the passenger may constitute or already constitutes a danger for other passengers (baggage, cargo) or for aircraft.
6) If the applicable fare or any charges that were to be paid by the passenger, were not paid.
7) If the passenger did not present for inspection the documents necessary for the trip.
8) If the passenger attempts to enter a country of transit, for which he / she does not have a valid entrance document.
9) If the passenger during the flight damaged the ticket or other identification documents.
10) If the ticket presented by the passenger:
- is not valid for transportation (in such a case the airline has a right to withdraw this ticket, to declare it invalid and to deny return of any sums)
- is purchased from a person that is not an authorized representative of the carrier or is not its agent (in such a case the carrier has a right to withdraw this ticket, to declare it invalid and to deny return of any sums)
- was declared lost, stolen, invalid, contains counterfeit material or otherwise causes suspicion (in such a case the carrier has a right to withdraw this ticket, to declare it invalid and to deny return of any sums)
- has the flight coupon that was corrected by any person that is not an authorized representative of the carrier (its agent), or was mutilated (in such case the carrier has a right to withdraw this ticket, to declare it invalid and to issue duplicate of the ticket)
- has the first unused flight coupon, and the passenger begins his/her trip at any other point of stop on the transportation route under a new fare that is not coordinated in compliance with the fare regulations of the carrier (in such a case the carrier has a right to withdraw this ticket, to declare it invalid and to perform voluntary reimbursement)
11) If the person that presented the ticket, cannot identify him or herself as the person indicated on the ticket (in such a case the airline has a right to withdraw this ticket, to declare it invalid and to deny return of the amount).
12) If the passenger is already guilty of the above listed actions or violations, and there is evidence that such behavior may be repeated.
13) If the airline informed the passenger in written form that it cannot at any time after the indicated date transport this passenger on its flights.
14) If the passenger has alcoholic or narcotic intoxication.
In the case of removal of a ticket, the carrier takes a formal note, the original of which is available to passengers and a copy to the carrier.
12.3. A passenger who was denied carriage or further carriage for reasons specified in paragraph 12.1 of this chapter will have the right to enforce the return of sums paid by them in accordance with paragraph 20.2
12.4. A passenger who was denied carriage or further carriage for reasons specified in paragraph 12.2 of this chapter has the right to receive voluntary return of sums paid by them in accordance with paragraph 20.3
13.1. Baggage Transportation Requirements.
13.1.1. Baggage of a passenger is accepted for transportation during its check-in at the airport of his/her departure, transfer airport, airport of his/her stop or any other point of baggage check-in.
13.1.2. Goods of a passenger depending on their quantity, size, weight and peculiarities can be carried as checked baggage and unchecked baggage (hand luggage).
13.1.3. For checked baggage which be carried, pieces of baggage can weigh up to 23kg depending on passengers class of service. Sum of three dimensions of a baggage piece (length+width+height), as given by a passenger for check-in, shall not exceed 158 cm (62inches).
Baggage pieces which weight exceeds 32kg, as checked baggage is not accepted for transportation and such baggage shall be arranged by a passenger for transportation as cargo.
Exception:following items inweigh more than 32kg - one own wheelchair required for passenger’s transportation and contrabasses - may be accepted for carriage as checked baggage providedprior consent of the carrier.
The airline can refuse transportation of baggage that does not correspond to above mentioned requirements.
13.1.4. Information related to maximum quantity, dimensions and weight of baggage that is accepted by the airlines for transportation without extra charges is available in the airline’s rules and conditions of the air transportation agreement, which are an integral part of the passenger’s air ticket.
A passenger can get acquainted with the airline’s rules and conditions of the air transportation agreement at points of ticket sale and on the website of the airline.
13.1.5. The carrier shall take measures for transportation of the checked baggage to be on the same aircraft as the passenger and in particular, if applicable legislation requires presence of the passenger during fulfillment of customs procedures related to checked baggage.
If the checked baggage is transported by other aircraft(for reason of insufficient capacity in the aircraft, passenger’s delay due to baggage check-in procedures, etc.) and checked baggage was not loaded to the flight where the passenger was transported, such baggage must be checked-in by appropriate lost baggage service and identified with special baggage tag (RUSH).
Such baggage shall be delivered to the passenger’s destination on the next possible flight in shortest term, or with passenger’s prior consent his/her transport expenses connected with receipt of such baggage is reimbursed according to the airline’s rules.
13.1.6. After acceptance of the passenger’s baggage for transportation, the airline undertakes responsibility for it, which is confirmed by issuance of a baggage identification tag coupon to the passenger with the record detailing the number and weight of pieces accepted for transportation.
If a paper ticket is issued, check-in and acceptance of baggage for transportation by the airline is also confirmed by record of a baggage receipt detailing the number of pieces and weight of baggage accepted for transportation.
13.1.7. Starting from the time of baggage handover, baggage is the airline’s responsibility until the moment of its receipt and access to checked baggage by the passenger is prohibited, except when its identification or additional inspection by competent authorities is held.
13.2. General Allowance of Free Baggage Transportation.
13.2.1. A passenger has a right to transport a certain amount of his/her free checked baggage and hand luggage within the limits established by the airline.
13.2.2. Free checked baggage allowance, hand luggage including goods that are under passenger’s control and responsibility, is established by the airline depending on aircraft’s type, class of service and flight zone.
13.2.3. Free checked baggage allowance can be divided on weight concept - Baggage weight concept (BWC), and piece concept - Baggage piece concept (РС) depending on combination of characteristics: weight, size and quantity of baggage pieces.
The airline, at its own discretion, establishes the application of weight or piece concept allowance that is indicated in its baggage carriage rules.
13.3.1. Free checked baggage allowances and the excess baggage charges
A passenger has the right to free-of-charge transport of goods that he holds with himself and does not put in checked-in luggage, in particular - a handbag, a folder for paper, a coat or a cloak, a jacket, an umbrella or a cane, a moderate amount of readers in flight, glasses, camera and binoculars, mobile phone, portable personal computer, baby food (needed during flight), children's cradle (in the presence of a child under 1 year of age), a children's pram, with laid a wheelchair and / or crutches.
The total weight of these items, with the exception of a wheelchair, must not exceed 7 kg.
In addition, passengers traveling with infants (children under the age of 2 who are not provided with a separate seat) are allowed to carry in the cabin of the aircraft as a hand baggage - one travel bag with baby clothes, toiletries, light toys and special meals for him that may be needed during the flight, which should not exceed the total size of 115 cm (sum of length, width, height: 55x40x20) and weight 5 kg.
The rate of free carriage of hand baggage (unregistered baggage) is set by the airline in accordance with the class of service and technical capabilities of the aircraft on the placement of cabin baggage in the passenger cabin.
Passengers with service tickets in the economic and business class can carry hand baggage in the amount of one seat up to 7 kg inclusive.In addition to your hand luggage you can carry on board free of charge the following items:
- 1 ladies handbag;
- reading material;
- 1 umbrella or walking stick;
- 1 overcoat;
- 1 small camera or binoculars;
- 1 personal laptop;
- 1 pair of crutches.
13.3.3. For children, who occupy a separate seat in the aircraft, free unchecked baggage allowance is applied at the same rate as adult passengers.
13.3.4. The airline may change the allowance, the list of items and their total weight, carried for free in connection with the above mentioned free baggage allowance, which passengers may check in advance via the airline’s website or at the time of purchasing a ticket.
Free baggage allowance is not covered on:
- passenger goods irrespective of their name, dimensions of which do not correspond to dimensions mentioned in points 13.2.3, 13.4.1-13.4.4 of this section
- passenger goods, which are not put into valises, bags, boxes irrespective of their name and purpose and by weight of one piece that exceeds 23kg
- TV sets, recorders, radio by weight of one piece that exceeds 10kg
- flowers, young plants, nutritive greens, dry plants, branches of trees and bushes by total weight that exceeds 5kg
- animals (cats and dogs), the exception being a specially trained service animal accompanying passengers with reduced mobility.
13.3.5. The airline can extend the list of items, which is not covered by the free baggage allowance.
13.4. Declared Baggage Value
13.4.1. A passenger has a right to declare the value of his/her baggage before check-in and his/her carriage if there is the consent of the airline for transportation of checked baggage with a declared value.
13.4.2. Baggage value, which is subject to check-in, is to be declared separately for each piece of baggage. In the case of checked baggage value declaration, the passenger shall pay a fixed fare before the airline accepts such checked baggage for transportation.
13.4.3. As confirmation of payment for checked baggage carriage with declared value, the airline or authorized air transportation sales agent shall issue for the passenger, a miscellaneous charges order (MCO) or receipt of payment for baggage carriage with declared value.
In above-mentioned documents the route of baggage carriage with declared value is written.
13.4.4. Conditions of acceptance for transportation of checked baggage with declared value and cost of such service are established by the airline rules.
13.4.5. In cases when such baggage is lost, the airline’s responsibility is limited to the declared value, except in cases where the airline can prove that the amount requested by the passenger exceeds actual passenger’s interest in baggage delivery.
13.4.6. A passenger also has a right to additional insurance of his/her baggage before its check-in and transportation.
13.5. Pooled Baggage Transportation.
13.5.1. Passengers, who are travelling as a group, by their request, have a right, and the airline may accept checked baggage to the sum of all passengers free baggage allowances.
Pooled free baggage allowance maybe applied also for passengers, who are members of one family.
13.5.2. Pooling of baggage concerns only free baggage allowance. Baggage must be checked-in for each passenger. For a group of passengers, only the baggage items that are part of each passenger’s free baggage allowance may be pooled.
13.5.3. Pooled baggage can be checked-in by one person who has been authorized by all passengers in the group and who is a part of the group of these passengers.
13.6. Requirements to baggage package
13.6.1. Every piece of baggage must have proper packaging that ensures its safekeeping during transportation and processing, and makes impossible; injuries to passengers, cabin crew, third persons, aircraft, baggage of other passengers or other property, and also excludes the possibility of free or accidental access to baggage content by outside persons.
Baggage that does not correspond to the conditions of this paragraph will not be accepted for transportation and no responsibility is taken by the airline for such baggage.
Good and proper condition of baggage packaging is determined by the airline.
13.6.2. Any baggage, which has outside damages that do not affect its integrity during transportation and processing and cannot cause injuries to passengers, cabin crew, third persons, aircraft, baggage of other passengers or other property, may be accepted as checked baggage with the airline’s consent.
In this instance, details about the presence and damage type of the baggage shall be indicated on a baggage receipt (tag) by the airline or its handling agent and may be confirmed also by the passenger.
13.6.3. The airline or its handling agent has a right to require the passenger to make additional adjustments to the packing of his/her baggage.
13.7. Restrictions on Items Accepted for Transportation as Baggage.
13.7.1. Items forbidden for transportation:
- any goods, items, liquids and other substances which could possibly create a considerable risk to the health of passengers, or affect the safety of the flight or property of the airline or to other passengers at the time of transportation, in particular explosives, compressed gases, materials that cause corrosion, oxidants, radioactive materials, magnets, flammable materials, poisonous, harmful or irritative substances, as well as any other items and substances, which are determined in “Technical instructions on safety air transportation of dangerous freights”, ICAO, Doc 9824-AN/905, and as such are forbidden for transportation on passenger aircrafts.
- any goods or items, for which transportation is forbidden by applicable laws of any country, from the territory of which, on the territory of which, or through the territory of which the flight will be operated
- any goods not suitable for transportation due to their nature, weight, dimensions, form or smell.
13.7.2. It is forbidden to transport live or dead animals, except in cases specified in point 14.2, section 14 of these rules.
13.7.3. Items which have to be carried in hand luggage: fragile, brittle items, breakable and perishable items, electronic equipment (including photo, video and computer equipment, storage devices), computer software, money, keys, jewelry (precious, semi-precious metals and stones), glasses, antiques, artwork, photographic, furs, technical documentation, business papers, securities, medicines, medical documentations, passports and other identification documents, samples, unique or irreplaceable items or any other valuable items.
The air carrier does not assume responsibility or liability for preservation of listed items, put by passenger into checked and/or transferred baggage, regardless of whether the air carrier knew or should have known about that fact. If during air transportation of any such items as checked and/or transferred baggage they are lost, damaged or delayed, the passenger will not be entitled to any reimbursement of the damage.
13.7.4. Items accepted for transportation as checked baggage or as cargo with prior consent of the carrier:
- firearms, cartridges, ammunition and other arms, including antique firearms and cold steal, cutting and thrust items
(tear gas spray, cartridges to gas pistols and revolvers are not accepted for transportation on passenger flights).
The amount of ammunition and gunpowder for transportation with physical persons as cargo shall not exceed the weight of:
- cartridges for firearms of all calibres - 10kg
- smokeless gunpowder and its products - 10kg
- smoke gunpowder - 5kg
- products of smoke gunpowder - 5kg
- caps - 5kg
Such items shall be checked by authorized competent persons, properly packed and must be transported with issuance of appropriate documents, which allow their export/import and transit to the country of destination.
The responsibility for the results of improper fulfillment of the above-mentioned procedures lies with the passenger.
13.7.5. A passenger has a right to include into checked baggage:
- his/her home appliances, alcoholic drinks, food, nonradioactive items for medical purposes and toiletries, items of daily necessities including containers with sprays for medical purposes and other items, and materials allowed for transportation within established dimensions and number for one person according to “Technical instructions on safety air transportation of dangerous freights” (ICAO, Doc 9824-AN/905) by appropriate supervisory bodies.
13.8. Right of Refusal to Accept Baggage for Transportation.
13.8.1. The airline has a right of refusal to accept baggage for transportation as checked, if it is not properly packed in valises with locks or in other relevant containers which ensures its safe transportation and processing with usage of standard means of baggage (cargo) processing.
13.8.2. The airline has a right and may deny transportation or further transportation of baggage items that are determined in points 13.8.1-13.8.4 of this section, after it has come to the conclusion on the basis of the respective documents, that such items contain prohibited materials or items.
The airline is not obliged to take under its control and bear the responsibility for goods or items, which it refused to accept for transportation as baggage.
13.8.3. The airline, by a passenger’s request can transport items determined in points 13.8.1-13.8.2 and 13.8.4 of this section as unaccompanied baggage (cargo) taking into consideration requirements of point 13.14 of this section.
13.9. Right of Inspection
13.9.1. With the purpose of ensuring flight safety and detection of items determined in points 13.8.1 - 13.8.4 of this section, the airline (authorized person) has a right to request a passenger undertakes and passes personal inspection, which is carried out by the security services of the airline, airport and other competent state authorities, and to submit all his/her baggage for inspection (search), to perform X-ray or other scan of a passenger or his/her baggage.
Also, the airline has a right to inspect, or to organise inspection of baggage in absence of a passenger.
If the passenger refuses to satisfy such requirements, the airline may deny transportation of the passenger or his/her baggage.
13.9.2. The airline shall not bear responsibility for the damage, caused to a passenger or his/her baggage at the time of his/her X-ray or other scan, except in cases of negligence on the airlines behalf. Equipment used for fulfillment of mentioned procedure shall be in technically working order and certified.
13.10. Excess Baggage, Non-standard and Bulky Baggage.
13.10.1. Excess and bulky baggage of a weight that exceeds 23kg but is no more than 32kg (one piece) is accepted for transportation at a passenger’s request, only with the airline’s consent, if spare capacity is available on the aircraft and on condition of payment for transportation of such baggage except when such transportation was agreed and paid in advance with the airline.
13.10.2. Baggage transportation that exceeds the maximum free baggage allowance established by the airline shall be paid by a passenger before its transportation. Information and requests for payment of excess baggage is provided by the airline (its sales agent and/or handling agent) during reservation of the seat on a flight and upon passenger’s check-in.
13.10.3. Special types of baggage such as technical equipment, sporting equipment, musical instruments, weapons and their cartridges, and also bulky baggage, animals are accepted for transportation only with prior consent of the airline and if there are special conditions in the aircraft and spare capacity available for transportation of such baggage.
13.10.4. A passenger must meet all special requirements established by supervisory authorities and conditions of such baggage carriage, and make payment for baggage transportation according to the norms and rules provided for by the airline.
13.10.5. If there is no possibility to transport non-standard and bulky baggage as checked baggage, a passenger must arrange in advance such baggage for transportation as cargo.
13.11. Order of Excess Baggage Payment.
13.11.1. Carriage of baggage in quantities that exceed the free baggage allowance shall be paid for by the passenger at fare established by the airline for payment of excess baggage or special baggage, effective in the day of issuance of excess baggage receipt regarding payment of same or issuance of MCO and the date of flight departure according to the ticket.
A passenger may complete above-mentioned payment in advance, with the airline’s consent during ticket issuance or directly in the airport of check-in.
13.11.2. If at the point of the aircraft’s departure a passenger presented for transportation the baggage in quantity that is less than was paid in advance, the difference in payment between paid and actual weight of the baggage is to be returned to the passenger.
If at the point of departure a passenger presented for transportation more baggage than he/she paid in advance then such baggage is accepted for transportation after relevant additional payment has been made.
13.11.3. In the case where the aircraft load limit has been exceeded, or the absence of free tonnage, the airline, notifying the passenger thereof, has a right to send his/her baggage on its first available flight, or by a flight of other carrier.
The airline by itself determines the baggage, which will be transported on the next flight.
13.11.4. The airline has a right to refuse a passenger transportation of his/her baggage due to his/her failure to pay fares and charges established by the airline.
13.12. Unaccompanied Baggage.
13.12.1. By passenger’s request and with the airline’s consent baggage can be transported as unaccompanied baggage (cargo).
13.12.2. Unaccompanied baggage is accepted for transportation between the same points as the passenger is travelling according to ticket and only after customs and other procedures related to baggage were completed by passenger in person.
13.12.3. Transportation of unaccompanied baggage shall be arranged in advance by the passenger under the direction of cargo transportation of the airline. An airway bill is given to such baggage accepted for transportation.
Carriage of such baggage is performed according to the rules of cargo air transportation.
Payment for such carriage is made by a passenger based on fares established by the airlines for cargo transportation.
13.13. Hand Baggage (unchecked baggage).
13.13.1. Hand baggage are accepted items that have weight and dimensions specified by the airlines, which allow their safe placing in the cabin of aircraft on baggage shelves or under the seat.
One piece of hand luggage: weight up to 10kg, dimensions up to 55cm x 25cm x 35cm.
It is forbidden to place hand luggage and items allowed for transportation in walkways of the aircraft’s cabin, where they can cause an obstruction.
13.13.2. Items, which do not comply with the established airline requirements regarding dimensions and weight of hand luggage, or which are not allowed for transport in the passenger cabin of the aircraft shall be considered and registered as checked baggage.
13.13.3. Hand luggage shall not contain cutting or sharp items: knives, scissors, needles, knitting needles and other cutting and sharp items.
It is also forbidden to bring on the aircraft any liquids, suspensions, creams or pastes with a capacity of more than 100ml (grams) each.
The total volume of the above mentioned substances in hand luggage packed in containers of maximum capacity of 100ml each shall not exceed 1l (1kg) per passenger.
The permission regarding the quantity of items and capacities of substances (which are not forbidden to transport) in hand luggage for one passenger may be changed by authorized supervisory bodies.
13.13.4. Hand luggage for the duration of carriage is under passenger’s control, custody and responsibility.
13.13.5. The norms and conditions for the free carriage of the checked-in baggage and carry-on baggage, and standards of payment for transportation of excess checked-in baggage and carry-on baggage can change, and the information about it will be provided to passengers on the airline’s website.
14.1. Baggage Transportation in Cabin of Aircraft.
14.1.1. At the passenger’s request and with the airline’s consent, certain items which require special caution measures during carriage or special conditions of its processing, may be carried in hand luggage (fragile, brittle things, breakable and perishable items, glasses, video, photo cameras, TV, radio, video equipment, samples of equipment, musical instruments, mobile phones, portable computers, other electronic and optical devices, etc.) within the limits and allowance established for free transportation of hand luggage.
14.1.2. Items, which a passenger considers as inappropriate for carriage in cargo section of the aircraft, are accepted for transportation in passenger cabin only with prior consent of the airline.
Carriage of such items is paid for by the passenger according to the carrier’s rules, and depends on the quantity of seats necessary for their carriage.
14.1.3. The weight and dimensions of non-standard baggage piece should allow placement of baggage on separate place (s) or passenger seat(s) and should be no more than following allowance:
Maximum weight 80 kg, Height 115 cm, Length 65 cm, Length 45 cm.
Packaging of baggage carried on to the cabin of an aircraft must have rounded edges for prevention of injuries to passengers and damage to their property and the equipment of the aircraft.
Such baggage must be properly fastened on passenger seat (seats) and meet sanitary norms.
14.1.4. Delivery to aircraft of baggage that must be carried into the cabin of the aircraft, its loading, placing in the cabin of aircraft, unloading and transportation within airport terminals is the passenger’s responsibility and follows his/her prior request and payment of these services to relevant airport authorities.
14.2. Transportation of Animals (cats and dogs).
14.2.1. Airlines shall transport only the following live animals either in cabin or in hold: dogs and cats. Transportation of animals shall be fulfilled on condition the passenger receives permission from the airline while making his/her reservation before transportation.
Animals are obliged to be properly placed in containers/cages and shall have certificates pertaining to vaccination and health status, permissions for import to country of destination or transit.
Animals must be clean, neat and without unpleasant smell. The airline has a right to determine the method of transportation and limit the number of animals, which are allowed for transport on one flight.
14.2.2. Transportation of animals accepted by the airline in the hold of the aircraft, or as checked baggage together with container (cage) and food, must be paid as additional service by the passenger according to relevant fares established by the airline. Exception: Specially trained service animals accompanying passengers with reduced mobility are carried free of charge.
14.2.3. Seeing-eye dogs, which accompany a blind or deaf passenger and also their containers (cages) and products for their nutrition are transported free of charge.
At the same time, seeing-eye dogs must have a collar and muzzle and must be tied to the seat near the feet of its owner.
14.2.4. In the case of animal transportation, the passenger takes full responsibility for his/her animals, and also is responsible for presentation of necessary certificates, permissions, references etc., as provided for by applicable laws and rules of the country of departure and arrival.
The airline shall not bear responsibility for any injury, loss, delay in delivery, illness or death of such animals during transportation or due to denial of competent authorities of entrance to country or transit, unless such damage was caused as a result of the airlines negligence.
14.2.5. If the passenger fails to meet conditions of points 14.2.1-14.2.4 of this section, the airline has a right during check-in of the passenger, at its own discretion, to make the final decision regarding transportation or refusal of the transportation of animals.
15.1.1. Scheduled flights are operated according to the aircrafts’ schedule which was calculated by the airline, published in the automated reservation systems and is open to public for viewing on the airline’s website. The airline can publish advertising flight timetables for the provision of information to the public.
The airline guaranties that data placed in the automated reservation system and the information placed or given for placement in other reservation systems by the airline is accurate, faithful and exhaustive.
15.1.2. Charter flights (non-regular flights) are operated on the basis of a charter contract (chartering of an aircraft) between the airline and tourist operator.
Mentioned flights are operated by the airline during the day determined in the charter contract ordered by the tourist operator for one or several flights for carriage of passengers and baggage.
15.1.3. The airline shall not bear the responsibility for errors and omissions in schedules or other published flight timetables of other airlines.
15.1.4. The airport has the right to issue joint timetables of flight operations of all airlines, which operate flights from/to, this airport.
15.1.5. Flight departure times and the types of aircraft indicated in the schedule or in other flight timetables and traffic documents of the airline are not guaranteed, and it is not an obligatory condition of the air transportation agreement.
The airline has a right to change schedules, timetables of flight operation and flight departure times with the understanding that it shall inform passengers in good time.
15.1.6. The airline has a right to change the type of aircraft without notification to the passenger.
15.1.7. Upon changing its schedule, timetables of flight operation and flight departure times, the airline will inform air transportation sales agents, tourist operators and passengers of change not later than 12 hours before the time of flight operation specified in traffic documents of passengers.
15.1.8. In cases of unforeseen circumstances (force-majeure circumstances or technical problems) that obstruct the timely operation of a scheduled flight, the airline or its authorized person (air transportation sales agent), tourist operator or its tourist agent will notify passengers of the postponement of flight operation time or flight delay within the reasonable terms necessary for notification of passengers.
15.1.9. The airline or subjects of airport activities, which relate to this section, shall provide passengers in the airport with visual and/or acoustic information related to:
- departure time and landing time of aircraft
- place, opening and closing time of check-in
- place, start and finish time for boarding the aircraft
- flight delay, cancellation or reason for flight delay or cancellation
16.1. The airline has a right to delay or cancel flights for commercial reasons and for reasons beyond of its control.
16.2. The airline is obliged to take all necessary measures to avoid delays in the transportation of passengers and baggage.
16.3.In the case of force-majeure circumstances (including bad weather conditions, extraordinary situations during control under air movement, strikes, rebellions, civil disorders, embargo, wars, hostile actions, breach of peace, unregulated international relations, technical problems, unforeseen defects, which actually effect on flight safety or other difficulties appearing during pre-flight preparation of the aircraft, which are a threat to life or health of passengers, or other circumstances and troubles, that are beyond the carrier’s control and actually threaten or make impossible safe flight operation, the airline has a right, without notification to the passenger, to cancel or delay the flight, or cancel the previously approved reservation.
In other cases the airline or its air transportation sales agents are obliged to notify passengers concerning delays or cancellation of flights no later than three hours before check-in is due to commence.
16.4. In the case of flight delays, the airline by itself or through a subject of airport activities (the airport) will notify passengers by available means in the departure airport every 30 minutes concerning approximate length of flight delay and approximate time of its departure.
17.1. Order of Reimbursement Application.
17.1.1. Provisions of this section relating to reimbursement payments are applied to passengers travelling from/to airport situated on Ukraine’s territory and also to passengers travelling to/from airport situated in another country, to/from the airport situated on Ukraine’s territory.
17.1.2. Provisions of this section are applied to passengers (of scheduled and charter flights) which were denied transportation against their will, or flights which were cancelled or delayed, on condition that passengers have confirmed reservations on appropriate flights and are present for check-in at the time specified by the carrier’s rules and indicated in writing (including electronic means), or, if check-in time is not indicated, not later than 45 minutes before indicated time of flight departure, or he/she reserved a seat on the flight, which was delayed/postponed by the carrier or freighter of the aircraft (tour operator) on other flight.
17.1.3. Provisions of this section are not applied to passengers travelling at free or reduced fares, which directly or indirectly are not available for other passengers.
17.1.4. If the airline voluntarily pays the compensation or provides the services as provided in this section, no provision of this section shall be construed as limiting the right of the airline to require the respective refunds from any person, including third parties, in particular based on claims for compensation from the tour operator or another person with whom the airline has signed a contract.
Respectively, any provision of this section shall not be interpreted as such that limits the right of tourist operator or third persons, other than the passenger, with which the airline concluded the contract, to request reimbursement or compensation from the airline by applicable legislation of Ukraine.
17.1.5. Reimbursement payments applied by the airline, as previous payments, which in any case do not limit passenger’s rights to request increased reimbursement established by norms of the Article 22 of the Montreal convention.
Mentioned below are previous payments to passengers and are made in amounts and limits related to reimbursement of actual damage and actually proven losses pursuant to requirements of the Article 29 of the Montreal convention.
17.2. Reimbursement to a Passenger in Case of Denied Transportation.
17.2.1. In cases where the carrier has advance knowledge that a passenger with a confirmed reservation will be denied boarding, the carrier is obliged to communicate this with the passenger and offer compensation which in turn should be agreed with by the passenger. 17.2.2. Except the payment of remuneration the airline offers to a passenger to choose:
1) Reimbursement by passenger’s request within seven days shall be paid in cash, by electronic bank transfer, bank order, bank cheque or electronic voucher or, if there is witnessed written consent of the passenger, in the form of travel cheques – full cost of the ticket at price it was purchased, for unused part of the ticket and for used part or part of the ticket, if the flight does not meet demands of the passenger, and also if there is necessity to provide return transportation to initial point of departure at the first opportunity.
2) Rerouting is fulfilled upon relevant transport conditions:
- to final destination point at the first opportunity
- by passenger’s request to the final destination point at a later time, and upon the availability of spare seats on the flight.
17.2.3. Transportation of a passenger from the airport, where denied transportation has occurred to the airport from which an alternative route is offered by the airline, and from the airport of alternative landing to the airport where passenger was originally supposed to arrive on the flight to which transportation was denied, is paid at the airline’s expense.
17.2.4. If an instance arises where passengers who have (voluntarily) been denied boarding cannot be located then the carrier has a right to deny carriage against their will.
17.2.5. If passengers were denied transportation against their will, the airline pays reimbursement in the following amounts:
250 Euro – for flights with a range up to 1500 kilometres
400 Euro – for flights with a range from 1500 to 3500 kilometres
600 Euro – for flights with a range above 3500 kilometres
The calculation of the flight distance is based on the last location at which the passenger was denied boarding, where the passenger had a reserved seat and whereby the flight scheduled was delayed.
17.2.6. The airline has a right to reduce the amount of reimbursement specified in point 17.2.5 of this section by 50% if the passenger was offered rerouting to his/her destination point by alternative flights, the arrival time of which does not exceed scheduled:
Two hours – for flights with a range up to 1500 kilometres
Three hours – for flights with a range from 1500 to 3500 kilometres
Four hours – for flights not mentioned in the first and second instances of this point
Distances mentioned in this point are measured by method of orthodromic route distance.
17.2.7. Payment of the reimbursement does not exempt the airline from obligation to offer a passenger services of his/her choice and reimbursement of expenses, specified by point 17.2.2. and point 17.3.5 of this section.
17.3. Reimbursement to a Passenger in Case of Flight Cancellation.
17.3.1. In the case of flight cancellation the airline offers to passengers the service according to point 17.2.2 of this section and reimbursement according to points 17.2.5 and 17.2.6 hereof.
A passenger has a right to reimbursement if he/she was not notified about flight cancellation:
- at least two weeks prior to scheduled flight departure time
- within the period no more than two weeks prior and no less than seven days prior to scheduled departure time and offered rerouting that gave the opportunity to leave the departure point not later than two hours prior to scheduled departure time and to arrive at final destination point not later than four hours after scheduled arrival time
- less than seven days prior to the scheduled departure time, and rerouting is offered that provides the opportunity to leave the departure point not later than one hour prior to scheduled departure time and arrive at final destination point not later than two hours after scheduled arrival time.
17.3.2. The airline, cancelling or delaying a flight, shall provide passengers on their request explanation concerning reasons of cancellation or delay of the flight.
If there is necessity to provide in good time, transfer of transit passengers to connecting flights, the airline at the first opportunity will offer them alternative routes of carriage.
17.3.3. The airline is not obliged to pay the reimbursement and render services specified by this section; if the airline can give confirmation that the reason for flight cancellation was caused by action of force-major or an extraordinary situation, which could not be prevented even if all measures were taken.
17.3.4. Proof that passengers have been notified about rules and conditions of carriage, order of seat reservation on flights, fares, taxes (charges), schedule and terms of flight operation is lies with the airline, its sales agent, tourist operators and other authorized bodies upon where the air transportation agreement was concluded.
17.3.5. In the case of flight cancellation by the airline and further travelling of passengers on another flight (flights) or other route, passengers must be offered and provided free of charge:
1) food and cold beverages according to time waiting for new flight
2) hotel accommodation, in cases where passengers are forced to wait for departure for one or more nights or if the time of additional waiting is more than expected
3) ground transfer en route to the airport – hotel – airport
4) two telephone, telex, fax messages or messages by electronic email, if the technical conditions of the airport allow
17.3.6. The airline pays special attention to the needs of passengers with limited physical capabilities (disabled persons) and persons who accompany them, and also to the needs of children who are unaccompanied by an adult.
17.4. Reimbursement to a Passenger in Case of Flight Delay.
17.4.1. The airline will provide a passenger with assistance specified by sub points 1 and 4 of the point 17.3.5 hereof in case of flight delay
up to two hours – for flights with a range up to 1500 kilometres
up to three hours – for flights with a range from 1500 to 3500 kilometres
above four hours or more than scheduled departure time (for other flights), not specified in the first and second indentions of this point.
17.4.2. If operation of the delayed flight is postponed for one day, following the day of its operation, as specified by the schedule and indicated on the ticket, the airline will provide passengers with hotel accommodation, food and transfer en route to: airport – hotel- airport.
17.4.3. If flight delay exceeds five hours then passengers are offered services according to point 17.2.2. of this section.
17.5. Reimbursement to Passenger for Changing of Class of Service.
17.5.1. The airline has no right to request any additional payment from a passenger if it places the passenger in the class higher than indicated on the ticket.
17.5.2. If the airline places a passenger into the class lower than indicated on the ticket, then within seven days after carriage completion at the passenger’s request it shall reimburse a sum to him/her:
30 percent of fare - for flights with a range up to 1500 kilometres
50 percent of fare - for flights with a range from 1500 to 3500 kilometres
75 percent of fare – for other flights, not mentioned in the first and second indentions of this point.
17.5.3. Reimbursement for placement of a passenger in a class lower than indicated on his/her ticket is calculated by the segment in which class of service was downgraded, by method of prorate division.
18.1. Reimbursement for delay in transportation of baggage is determined based on necessity to provide a passenger with goods of first need. In any case such reimbursement is limited by the sum of 50 U.S. dollars (or equivalent in other currency).
18.2. The airline at the passenger’s request will give reimbursement to him/her in case of baggage non-arrival to destination point together with the passenger, if this destination point is not the place of passenger’s permanent residence.
18.3. Mentioned amount of reimbursement shall be proven by the passenger on the basis of documented confirmed expenses incurred for goods of first necessity during the time of his/her baggage absence.
19.1. The airline during check-in provides passengers with legible and clearly visible information of the following content: “If you are denied boarding or your flight is cancelled or delayed for no less than two hours, please ask on check-in or exit point to boarding written notification in which your rights are mentioned, in particular, relating to receiving reimbursement or assistance”
19.2. If the airline denies carriage or cancels the flight, then each passenger, whom it may concern, is provided with a written notice that will include the rules for providing compensation and assistance to passengers.
The airline also provides such notice to the passenger, whose flight is delayed by more than two hours.
Contact information for sending inquiries concerning breach of passenger’s rights for reimbursement or assistance shall be given in writing.
19.3. Informing the passengers of any changes in the schedule of air traffic (delay, changing the time of flight or cancellation of the flight), or any other important information regarding air travel and passenger service is provided:
- by the phone number provided by the passenger when purchasing the ticket at the airline’s contact center or by any other communications facility specified by the passenger;
- by e-mail specified by the passenger when purchasing the ticket
19.4. To inform the deaf and those with impaired vision and other significant deficiencies that hinder or prevent them from independent familiarization with visual or audio information, alternative means of information and appropriate assistance will be provided at the airport of departure or arrival.
20.1. General Procedures for Refund.
20.1.1. Refunds for unused tickets (or part of) is made at the place of ticket purchase – at ticket office of sales transportation agency, at ticket office of the airline or at ticket office of the airline’s representative and in the currency in which the ticket was paid.
20.1.2. Refunds by the airline in Ukraine is paid in the national currency of Ukraine.
20.1.3. In cases where the payment for a ticket was made by electronic means of money transfer (bank card); the cost is returned to the bankcard on which the initial purchase was made.
20.1.4. Amount refunded for unused ticket (its part) depends on the applied fare and tariff standards of the airline and reason for denial of transportation (voluntary or involuntary).
20.1.5. Refunds are made on the basis of unused (partly unused) traffic documents, MCO, receipt of payment for excess baggage.
20.1.6. Refunds are made to:
the person indicated on the ticket – in case of payment for carriage by cash or bank transfer
the account of the enterprise, organization, etc. – in case of payment by clearing operations
the account owner of the credit card, by which transportation was paid
the sponsor, who paid for transportation – in case of ticket issuance by telegram-notification about advance payment (PTA)
20.1.7. Refunds are made on condition that the presented documents confirm the person and a right to receipt
20.2. Involuntary Refund.
20.2.1. Involuntary refunds for tickets of the airline or re-reservation (re-issuance) of these tickets without application of penal sanctions is made in following cases:
- cancellation, postponement, delay of the flight, for which passenger had seat reservations and an issued ticket
- improper issuance of traffic documents
- change of class of service or aircraft’s type
- impossibility to provide a seat to the passenger according to reservation
- non-provision by the carrier connection to flight, for which passenger has confirmed reservation and indicated in the same ticket, as the previous
- denial of transportation due to non-payment by a passenger of fare or charges (taxes), in the case of change offares or rules of their application comparing to that were applicable on the day of passenger’s departure from the airport of origin indicated in ticket
- application by the carrier of the right for denied transportation for reasons laid down in point 12.1 of the section of these rules
- passenger’s illness or his/her family members travelling with him/her, when there is a genuine issued certificate from a public health institution
- in other cases ofpassenger’s denial for transportation or denial of the airline in transportation of the passenger, which occurred because of a fault by the airline.
Re-reservation of tickets for another flight in the case of passenger’s delay arriving for the flight, for which he/she has a confirmed reservation and because of delay of a previous flight, in case of issuance of carriage by separate traffic documents, is made without penal sanctions.
20.2.2. In the case of involuntary refund of ticket cost, an amount that is refunded to the passenger shall be equal to:
- if either part of the ticket was unused, to the amount that is equal to the full cost of the ticket at the price it was purchased
- if any part of the ticket was used, to the amount which is equal to the fare of the unused part of transportation with its airport charges (taxes), from the place where denial in transportation to destination point happened
20.3. Voluntary Refund.
20.3.1. In the case of voluntary refunds, when a passenger wants a refund of the amount paid for the ticket and such refund is allowed by the rules of fare application of the airline, then the amount is calculated according to the tariff standards of the airline and shall correspond with the following rate:
- if either part of the ticket was unused, to the amount made up of the fare reduced by penalty amount (charge) established by the airline, and reduced by the amount of charges (taxes) of the airline. Unused airport surcharges (taxes) are refunded in full.
- if any part of the ticket was used, the amount made up of the one-way fare, reduced by a penalty amount (charge) established by the airline, and reduced by the amount of charges (taxes) of the airline.
Unused parts of airport surcharges (taxes) are refunded in full.
20.4. Right of Refund Refusal.
20.4.1. The airline has a right to refuse the refund if:
- if the ticket date is after expiry of the ticket validity determined in points 5.4 of these rules, and also in other cases, provided for by these rules
- the ticket was purchased at a special fare rate and rules of its application do not provide refund of its cost (in case of purchase of the ticket at such special fare, the passenger must be notified about this by the airline or its sales agent at the time of reservation), and the ticket must be marked with a respective mark
- the airline has a confirmation of the fact, that the ticket was purchased by the passenger only to use it as means for solving his/her immigration or visa related problems
20.5. Refund for Lost Ticket (ticket duplicate).
20.5.1. In the case of a lost ticket a refund is made by:
- the airline, owner of ticket stock (contracting carrier), if the ticket was issued under interline agreement on ticket stock of the airline who issued transportation
- the airline (actual carrier), if the ticket was issued on stock of the airline that operates the flight
Refund of the ticket’s cost can be done if the lost ticket (or its part) was not used or changed to another ticket and refund was not completed for this ticket
20.5.2. The airline has a right to take a penalty (fee) from the refunded amount and such penalty is established by the airline in these cases.
20.5.3. Means by duplicate ticket and by lost ticket are refunded in claim and/or legal form.
20.5.4. Similar rules are established for refunds in connection with lost МСО and receipts for payment for transportation of excess baggage.
21.1. Behavior of passengers on board the aircraft must be such that according to the airline’s rules does not endanger other passengers and crew and does not threaten property of passengers, the airline or aircraft.
A passenger has no right to interfere with the crew at the time of fulfillment by them of their official duties, and must follow the instructions of the aircraft commander and of the crew to secure the safety of the flight, the aircraft and safe, effective and comfortable flight of passengers.
A passenger must desist from behavior, which can cause or causes protest from other passengers.
21.2. With the purpose of ensuring the safety of the flight, the airline has a right to prohibit or to limit use on board of the aircraft of electronic equipment, mobile telephones, portable computers, portable tape-recorders, portable radio sets, CD players, transmission devices, including toys with radio control, portable radio transmitters, etc. (except in cases of artificial hearing devices and heart pacemakers).
21.3. On board the aircraft, a passenger has no right to be intoxicated by alcohol or narcotics, or to be under the influence of any other substance that can cause dangerous behavior of the passenger, resulting in his/her actions endangering or constituting a threat to other passengers, crew members, equipment of the aircraft and the property of passengers.
Drinking of any alcoholic drinks on board an aircraft is permitted only in amounts offered by the airline.
21.4. Irrespective of flight’s range smoking is prohibited on board the aircraft.
21.5. If a passenger does not adhere to points 21.1-21.4 of this section, the airline has a right to take measures as required by the situation and which the airline will consider as necessary for avoidance of such behavior.
Such measures may include limitation of the passenger’s movement on board the aircraft, disembarkation of the passenger, denied boarding to an aircraft in any point of the transportation route and transfer of the passenger to local law-enforcement or governmental bodies for taking relevant measures of influence.
21.6. If a passenger does not follow the provisions of this section or acts in another manner that breaches rules established by the airline, the airline has a right to deny such passenger in his/her further transportation and apply to him/her measures of administrative and civil influence (bringing to administrative responsibility, criminal responsibility, claiming to the court on indemnification of expenses) etc.
21.7. If due to forbidden behavior of a passenger the airline was forced to take some actions, which incurred additional expenses, the passenger is obliged to reimburse to the airline such expenses according to applicable legislation.
22.1. These rules cover transportations, which are carried out in accordance with commercial agreements between airlines (known as agreements: “About joint usage of codes”/Codesharing/“About mutual acceptance of traffic documents”/Interline/) even if on the ticket another airline is indicated other than the airline that actually performs the transportation.
If there is any such commercial agreement then the airline (or its air transportation sales agent) has to provide passengers with this information during reservation, regarding which airline is contracting and which airline is actually performing the transportation.
During passenger’s check-in for the flight, this information is given by the airline (by actual carrier) or its authorized handling agent at the airport of departure.
22.2. If a passenger concluded the air transportation agreement with rendering of additional prepaid services, then the airline, which did not render such prepaid services, is responsible for the passenger.
The responsibility of the airline that did not render prepaid services is limited by an amount, which is equal to the amount paid by the passenger for services that were not rendered to him/her.
22.3. The airline does not bear any responsibility for services of baggage transportation (transfer) that have been rendered by third persons, who do not have any commercial agreements with the carrier.
If the airline provides by itself and performs transportation (transfer) operations of baggage for passengers then these rules are applied to such services.
Transportation (transfer) services, which are rendered by the airline additionally, are paid by the passenger.
23.1. When transportation is made by several consecutive airlines it is deemed as sole transportation if, from the beginning of transportation these airlines considered such operations as sole transportation and such transportation was foreseen by one reservation and issued by one or joint tickets.
23.2. In the case of operation of sole transportations, every airline, which accepts the transportation of passengers and baggage (cargo) is subject to action of these rules and considered as one of the parties of the transportation agreement, as far as such agreement concerns a part of transportation that is performed under control of a certain airline.
23.3. The airline, which issued the ticket, or the first airline indicated on the ticket or joint ticket, shall not bear the responsibility for defects in transportation that happened on segment (segments) of carriage by another airline (airlines) including segments of delay or denial of transportation of a passenger or baggage.
23.4. In the case of destruction, loss, damage or delay in baggage transportation, the passenger has a right to claim against the first or the last airline, as well as against the airline who carried out transportation, during which destruction, loss, damage or delay in baggage transportation occurred.
23.5. If it is impossible to define which airline carried out the transportation, during which destruction, loss, damage or delay (denial) in baggage transportation occurred, the responsibility to the passenger shall be borne by the airlines who participated in transportation, all jointly or each separately, within the limits of the fault of each of them.
24.1. The period of time in air transportation does not include any transportations by ground or sea (river) types of transport which are carried out beyond the airport zone.
However, if such transportation is carried out according to the transportation agreement with the purpose of landing, embarkation, loading, extradition or overloading, any damage by rule of contraries is deemed as a result of the event that occurred within the period of time during air transportation.
If without passenger’s consent the airline fully or partly changes transportation, which by the agreement of the parties must be performed by air transport, for transportation of any other type of transport, such transportation by other type of transport is considered as transportation that is being performed at the time of air transportation.
24.2. In the case of mixed transportations which are performed partly by air and partly by any other type of transport, provisions of these rules take into consideration point 24.1 of this section are applied to air transportation.
24.3. Any provision of these rules does not prohibit the parties in case of mixed transportations to include a ticket provision that concerns transportations by other types of transport, on condition that provisions of these rules are applied to air transportation.
24.4. Transportations by other types of transport, taking into consideration point 24.1 of this section, will be offered by the airline only as agents of such carriers; even on the ticket such transportation will be indicated under the airline’s code.
24.5. Responsibility of the airline for defective transportation of a passenger baggage - destruction, loss, damage, delay (denial) in baggage transportation that occurred during the transportation by other types of transport, is limited by an amount, paid by the passenger for such transportation.
25.1. Marketing Carrier and Operating Carrier.
Provisions of this section are applied when a subject (hereinafter – marketing carrier) as a main party concludes transportation contracts with a passenger or with a person who acts on passenger’s behalf, and other subject (hereinafter – operating carrier) as authorized carrier by the contract performs whole transportation or its part, but is not the consecutive carrier in regards to such part, in interpretation of section 23 of these rules.
25.2. Responsibility Zone of the Subject (marketing carrier and operating carrier).
In the case of performing the transportation specified by point 25.1. of this section, the marketing carrier is subject to action of these rules relating to whole carriage, and actual carrier – only relating to that carriage which it performs.
25.3. Limits of Responsibility of Marketing Carrier and Operating Carrier.
The extent of the responsibility of the marketing carrier and the operating carrier is limited by norms established by these rules in the part, and do not make a contradiction to requirements of applicable international contracts of Ukraine.
Furthermore, extent of previous reimbursements cannot exceed the cost paid by a passenger for the ticket.
26.1. Operation of charter flights is governed by the relevant aviation rules of Ukraine.
When the airline (charter flight operator) has formed a commercial agreement with the freighter of an aircraft (tour operator), the airline is responsible for the provision of free of charge services to passengers and will adhere to the conditions of compensation stipulated by these rules and the current Ukrainian legislation.
26.2. Claim requirements concerning provisions with complex tourist servicing and reimbursement for unreceived tourist services are considered and reimbursed by the tourist operator or his tourist agents.
26.3. By the airline’s letter of attorney, tickets for charter flights are issued and given by the customer of the charter flight (tourist operator).
Charter tickets are deemed as valid from the moment when payment of full cost for charter flight/flights was received by the freighter of the aircraft to the actual carrier.
Order of payment for charter flight operation, reimbursement and confirmation of reservations are fulfilled by the parties according to conditions of the agreement concluded between the airline and the customer of the charter flight.
26.4. Tickets for charter flights shall be valid only for transportation for the dates and flights indicated on tickets.
Depending on the availability of vacant seats, the customer of the charter flight may change departure date and return flight date on condition that such changes are agreed by the customer of the flight (tour operator – marketing carrier) and with passengers and operating carrier (flight operator).
26.5. Tickets for charter flights provide for limitations in their usage and exclude passenger’s rights to change or cancel reservations; this is laid down in the conditions of the charter air transportation agreement.
26.6. Tickets for charter flights, by which air transportation was paid and all other tourist services were paid (one-way and return flight, transfer, hotel accommodation, meals, excursions, etc.) may provide for additional conditions and limitations on reimbursement of amounts paid for transportation and tourist services established by the tourist operator (marketing carrier) for travel that includes all tourist services and limitations stipulated by the agreement.
26.6. The charter of air transportation is not applied provisions, mentioned in the following points and sections of these rules:
- points 5.4, 5.5 of section 5
- section 6
- section 7
- points 8.1, 8.3, 8.4 of section 8
- section 20
27.1. Documents for Travel.
27.1.1. The passenger is responsible for receipt of all documents necessary for travel: visas, permissions, certificates etc., and also for observance of all applicable laws of country of departure, arrival and transit in regards to exit, entrance and transit.
The airline does not bear the responsibility for a passenger or the consequences that arise because the passenger did not receive/arrange such documents or visas or did not observe such applicable laws.
27.1.2. On the airline’s demand a passenger is obliged to present to authorized persons of the airline, representatives of appropriate governmental bodies, all documents for exit, entrance, transit, about his/her health status and other documents requested by applicable laws, and to allow the airline to make and leave in its custody their copies or in any other manner to leave his/her identification data contained in relevant documents. The airline has a right to deny transportation to any passenger who does not observe applicable laws or whose documents are not issued in the correct way (including absence of appropriate visa, means, return ticket, etc.).
27.2. Denial of Entrance to a Country.
27.2.1. The airline does not bear any responsibility for the denial of any passenger’s entrance to the country of destination, transit, etc.
27.2.2. A passenger is obliged on demand of the airline or state authorities to pay full cost for his/her transportation return, if he/she is requested to return to the point of departure or other place in connection with denial of the country of destination to accept such passenger regardless of whether this country is a destination or a transit area.
The airline may use for payment of such transportation any funds from the sums earlier paid to it by the passenger for the unperformed transportation, that remained at its disposal, or any other passenger’s funds that remain at the disposal of the airline.
27.2.3. The airline has a right to not return amounts paid by a passenger for performed transportation to the point where entrance was denied to him/her, or to point of his/her deportation.
27.3. Responsibility of a Passenger.
27.3.1. If the airline was requested to pay, deposit any amount, to pay a penalty or provide a financial guarantee in connection with a passenger’s failure to meet requirements of applicable laws or his/her refusal to present documents necessary for the travel, or with presenting of forged documents or documents that contain false information, then the passenger is obliged on demand of the airline to reimburse to it the paid or deposited amount and other expenses incurred in connection with this.
27.3.2. The airline has a right to use for coverage of such expenses any amounts earlier paid by the passenger that stayed at its disposal for the unperformed transportation, or any other passenger’s funds that stay at the disposal of the airline, or may deny transportation, if the passenger has not reimbursed to the airline such expenses.
27.4. Customs Examination, Aviation Safety Inspection, Passport Control and Other Types of Control.
27.4.1. Passengers, their checked baggage and hand luggage during performance of international air transportation are obliged to pass inspection for safety, passport control, and if requested by customs and other authorized bodies to pass other types of control.
Also, passengers shall pass inspection for appropriateness and validity of travel and other documents necessary for performance of travel and observance by them of visa regime rules.
27.4.2. Passengers, their checked baggage and hand luggage during performance of domestic air transportation are obliged to pass inspection for safety, passport control, and if requested by customs and other authorized bodies to pass other types of control.
27.4.3. The airline does not bear responsibility for any losses or damages caused to a passenger in connection with his/her failure to meet requirements mentioned in points 27.4.1-27.4.2 of this section.
A passenger must reimburse expenses that are incurred to the airline in connection with his/her refusal to pass above-mentioned inspections.
28.1. General Provision of the Airline’s Responsibility.
28.1.1. Responsibility of the airline for harm caused to a passenger, baggage, hand luggage and delay in transportation is limited by norms of applicable international and internal legislation of Ukraine.
Mentioned responsibility cannot exceed the extent of actual harm caused to a passenger, which in any case is limited by real losses proven by the passenger.
Penalties, penal sanctions or any other possible disbursements, which do not concern reimbursement of actual damage, are not subject to recovery.
28.1.2. The airline shall not bear a responsibility mentioned in point 28.1.1 of this section, if proven that, itself, its employees or its handling agents have taken all possible measures to prevent damage, or when it or they were unable to take such measures.
28.1.3. While issuing a ticket, the airline provides with rendering to a passenger in written form general provisions of conditions of the air transportation agreement, these provisions regulate the responsibility of the airline to the passenger and his/her baggage.
Moreover, the airline provides to a passenger written notification detailing applicable limitations of the airline’s responsibility to the passenger and his/her baggage.
28.2. Death, Injury, Delay of a Passenger.
28.2.1. The airline shall be responsible for damages caused, death or injury of a passenger, only provided that the event which caused death or injury happened on board the aircraft, or during boarding or disembarkation of the passenger to/from the aircraft.
28.2.2. The airline cannot exclude or limit its responsibility for the damage which caused death or injury of a passenger that is laid down in point 28.2.1 of this section, the reimbursement of which does not exceed 113100 SDR (Special Drawing Rights) for each passenger.
28.2.3. The airline shall not bear responsibility for damage, mentioned in point 28.2.1 of this section, the reimbursement of which exceeds 113100 SDR for each passenger, if the airline proves that:
- such damage was not caused due to negligence or other illegal action or inaction of the airline or its employees or handling agents
- such damage was caused exclusively due to negligence or other illegal action or inaction of a third party
28.2.4. The airline in case of death or injury of a passenger immediately shall, but in any case not later than within fifteen days after identification of physical person, who has a right to receive reimbursement, make advance payment that for international flights must be not less than 16000 SDR.
Amount of advance payment for flights within the territory of Ukraine the airline establishes in such way, that determination of advance payment would be sufficient for satisfaction of urgent economic necessity in proportion to mentioned difficulties.
28.2.5. In case of damage caused by the delay during carriage of a passenger, the responsibility of the airline is limited by the amount of 4694 SDR relating to every passenger.
28.3. Damage, Delay of a Baggage.
28.3.1. The airline shall bear the responsibility for damage caused in case of destruction, loss, harm and delay of checked baggage, only on condition, the incident which caused destruction, loss, harm or delay of a baggage happened on board the aircraft or at the time when the airline was responsible for safekeeping of checked baggage.
However, the airline shall not bear responsibility for damage of the baggage caused by its defect, qualities or shortcoming.
28.3.2. In regards to unchecked baggage including passengers’ personal items, the airline shall bear the responsibility, if the damage was caused through its fault or the fault of its employees or handling agents.
28.3.3. If the airline acknowledges loss of checked baggage and if checked baggage does not arrive after 21 days, calculating from the date, when it supposed to arrive, the passenger may set demands to the airline which result in the air transportation agreement.
28.3.4. The responsibility of the airline in cases of destruction, loss, harm or delay in transportation of checked baggage is limited by the amount of 1131 SDR relating to every passenger for whom the baggage is checked.
28.3.5. In the case where a passenger did, at the moment of handover of checked baggage to the airline, specially request interest in its delivery and paid an additional fee, if it was necessary, then the airline shall pay the amount that does not exceed the declared amount, if it can prove that this amount does not exceed the actual interest of the sender in its delivery.
Order of such baggage acceptance for transportation is established by point 13.3 of these rules.
If the weight of a baggage item is not written on the baggage receipt, then it is deemed that the total weight of checked baggage does not exceed the appropriate weight of baggage for its free transportation by respective route and class of service.
28.4. Removal of Limitations on Responsibility.
28.4.1. Provisions mentioned in points 28.2.5 and 28.3.4 of this section, in regards to limitations of the airline’s responsibility are not applied if the harm is caused by the action or inaction of the airline, its employees or handling agents, which was done with intention to cause harm or due to criminal negligence and with awareness of that, that the result of such actions may have caused harm, on condition, that in case of such action or inaction of the employee or handling agent will be also proven that the employee or the agent acted within the limits of his/her duties.
28.5. Exemption from Responsibility.
28.5.1. If the airline can prove that the harm was caused or its appearance was encouraged by negligence, illegal action or inaction of the passenger, who requires reimbursement, or person, who presents his/her rights, the airline in whole or in part is exempted from the responsibility to the passenger, who requires the reimbursement to the extent, in which such negligence, illegal action or inaction caused the harm or encouraged its appearance.
28.5.2. If such requests for reimbursement are claimed by a person, other than a passenger, in connection with death or injury (e.g. relative), the airline also in whole or in part is exempted from the responsibility to such an extent as it will prove that the negligence, other illegal action or inaction of this passenger caused the harm or encouraged its appearance.
28.6. Specification Related to Limits of Responsibility.
28.6.1. For international flights that are operated between countries, which did not join to the Montreal convention, are applied rules and norms of the Warsaw convention, under which responsibility of a carrier is: 20 U.S. dollars (or equivalent in other currency) for one gross kilogram in case of loss, damage or lack of a whole or part of checked baggage; 400 U.S. dollars (or equivalent in other currency) to a passenger for hand luggage and other property of the passenger, that is under passenger’s control during the flight, in cases where it has been proven that the airline was at fault; 50 U.S. dollars (or equivalent in other currency) in cases of delay with transportation of baggage.
28.6.2. If the baggage weight is not recorded in the baggage receipt, it is considered that the total weight of the checked-in baggage does not exceed the respective weight of baggage for free carriage on a respective route and class of service (for economy class - one piece of baggage weighing up to 23 kg, for business class - two pieces of baggage weighing up to 23 kg each) and the amount of compensation is calculated on this basis.
28.6.3. The airline may also specify limits of responsibility (national or international) for reimbursements and services rendered, however, these limits cannot exceed the limits set out by these rules.
28.7. Regarding the contract of air carriage
Air transportation in international and domestic flights is carried out under the Contract, “Rules of Air Carriage of Passengers and Baggage" and "General Conditions of Carriage of Passengers and Baggage, established by the International Air Transport Association (IATA)”.
The passenger should arrive for check-in not later than two hours prior to departure of the aircraft. Check-in finishes not later than 40 minutes before the specified departure time on the ticket. Depending upon the specifics of the airport and/or regulations of the carrier, the check-in deadline may be extended. Further information may be obtained from the respective airline’s representative office. If the passenger fails to arrive for check-in in time, he/she may be denied carriage.
The verification of documents (passports, visas, passenger tickets, certificates, insurance and other permits) and the necessary funds for the travel is performed at the airport during the passenger’s check-in for the flight.
The carriage of passengers and baggage in aircraft carried out according to the terms of contract, in which the parties have stipulated that the point of departure and destination does not depend on whether the stop in traffic or transfer has occurred at the points located in two different countries, or in one country, or an agreed stopover has been scheduled in the territory of another country.
To this carriage the following may be applied: the Warsaw Convention (Convention for the Unification of Certain Rules Relating to International Carriage by Air) signed on October 12, 1929 in Warsaw or the present Convention as amended by Chapter 1 of the Hague Protocol signed at the Hague on September 28, 1955, or the Montreal Convention (Convention for the Unification of Certain Rules Relating to International Carriage by Air), signed on May 28, 1999 in Montreal. The possibility and completeness of application of each of these legal documents is determined by the carrier, depending on the circumstances of the carriage.
“Ticket” (Contract of carriage) is a particular passenger ticket and baggage check, or itinerary/ confirmation of payment used in case of purchasing the “e-ticket”, which is part of these terms and notification.
“Carrier” is all airlines that carry or undertake to carry the passenger and his/her baggage under the Contract of carriage or provide other types of services that are associated with such carriage.
“E-ticket” means a route/payment confirmation, electronic coupon, and if necessary, boarding documents issued by the carrier or on his behalf.
The carriage carried out under this contract is subject to the limitations on liability established by the Warsaw Convention 1929, the Montreal Convention 1999 and the Rules of the carrier. The mentioned conventions and Rules introduce limitations of liability of the carrier in case of death or injury of passengers or loss of or damage to baggage or delay in transportation.
Also see: “Notification of the passenger on the limitation of liability”, “Notification on limitation of liability for baggage” and “Notification on the limitation of liability for delay”.
The above carriage and other services provided by each carrier constitute the subject of provisions of the ticket (contract of carriage), applicable tariffs, conditions of carriage and the rules specified on the ticket (which are available at any carrier’s agency and the air carrier’s website).
As for the transportation between the points in the U.S.A. or Canada and any other points outside them the tariffs are applied that are applicable in those countries.
The name of the airline in the ticket can be shown in an abbreviated way. The full name and its abbreviation are mentioned in the tariff’s reference books, rules, conditions of carriage and airline schedules of the corresponding airline.
The airline’s address is shown on the ticket, or the carrier’s address (his representative office) will be the airport of departure that is specified against the first abbreviation of the carrier’s name on the ticket. The agreed stopover points are those points that are indicated on a particular ticket or as shown in carrier’s schedule as stopover points on the passenger transportation route. Carriage to be performed hereunder by several successive carriers is regarded as a single carriage.
The carrier that issues the ticket for carriage in other carrier’s airlines acts as an agent of the latter.
Any exclusion or limitation of the carrier’s liability shall apply to and inure to the benefit of agents, employees and representatives of the carrier and each person, an aircraft that is used by the carrier for carriage, and its agents, employees and representatives of such person.
The checked-in baggage will be delivered to the bearer of the baggage identification tag portion of the baggage tag. In case of faulty baggage delivery a respective certificate is made, which serves as a basis for presenting the claim to the carrier in writing. The claim must be presented after the discovery of damage and within 7 days counting from the day of the baggage receipt. In case of delay in delivery of baggage the claim must be made within 21 days from the day of the baggage receipt.
The ticket is valid for carriage and for return of the amounts paid within one year from the date of its issue. The validity of the ticket may be limited by the carrier’s tariff that is specified in it, conditions of carriage or relevant regulations. The applicable tariff on the ticket for carriage hereunder can change prior to carriage. The carrier can deny carriage if such changed tariff has not been paid.
The carrier undertakes to make all necessary efforts that depend upon him to carry the passenger and baggage within reasonable time. The time indicated on the ticket, in the schedule or using other means is not guaranteed and is not a part of the contract of carriage.
If need be, the carrier can, without notice to the passenger, transfer the passenger to another carrier, replace the aircraft, change or cancel the landing at the points specified in the tickets.
Schedules are subject to change without notice. The carrier is not responsible for providing connections of flights that are not listed on the ticket (single carriage).
The passenger shall comply with the Government authorities travel requirements, present exit, entry and other required documents and arrive at the airport for check-in within the period specified on the ticket, and if this period is not specified, within the time necessary to complete all pre-flight procedures.
No carrier’s agent or employee or representative has the authority to alter or waive any provision of the contract of carriage.
NOTIFICATION ON LIABILITY LIMITATION
The carriage hereunder is subject to the relevant provisions of a treaty known as the Warsaw Convention 1929 and the Montreal Convention 1999, which can be applied to the portion of carriage or to all the carriage, including any of its portions, which is entirely within the country of origin or destination.
For passengers, whose carriage has a point of departure, destination or an agreed stopover location (transfer point) in the United States of America, the provisions of the Convention and special contracts that are specified in the tariff reference books, stipulate that the liability of certain carriers who are the parties to such special contracts, in case of death or damage to health of the passenger is limited by the evidence of actual damage caused, and its maximum estimate cannot exceed 75,000 U.S. dollars for each passenger and the liability within the specified limit shall be borne regardless the evidence of the airline’s fault.
Regarding the passengers carried by the airline that is not the party to such special contracts or the passengers that do not fly to/from the USA or do not have a point of agreed stopover in the territory of the USA, the carrier’s liability for death or damage to the passenger’s health is limited by the following compensation:
- according to the norms of the Warsaw Convention 1929, amounting to 20,000 U.S. dollars, or
- according to the norms of the Montreal Convention 1999, amounting to 113,100 SDRs (special drawing rights) for each person.
The list of carriers, parties to such special contracts is available at all ticket offices of such carriers, with which the passengers can be familiarized.
Additional compensation support can be ensured by the passenger with his life insurance and health at an insurance company before the trip. Additional insurance does not change the limit of liability of the carrier neither under the Warsaw Convention 1929 nor under the Montreal Convention 1999 nor under any other special contract that define the liability of the carrier. For further information please contact your airline or insurance company.
NOTIFICATION ON LIABILITY LIMITATION FOR BAGGAGE
For improper baggage delivery the carrier bears only limited liability. The declared baggage value is not applied to certain types of goods. The carrier is not liable for fragile, brittle items, breakable and perishable items, electronic equipment (including photo, video and computer equipment, storage devices), computer software, keys, jewelry (precious, semi-precious metals and stones), glasses, antiques, artwork, photographic, furs, technical documentation, business papers, securities, medicines, medical documentations, passports and other identification documents, samples, unique or irreplaceable items or any other valuable items.
The carrier’s liability in case of destruction, loss, shortage or damage to baggage is limited unless the passenger has made a special statement to the carrier at the time of transfer of the checked-in baggage of interest in its delivery and paid an additional fee. In this case, the carrier pays an amount not exceeding the declared amount unless he proves that the amount is greater than the real passenger’s interest in the delivery.
According to the Warsaw Convention 1929, the liability for baggage is limited to the amount of 20 U.S. dollars per kilogram (9.07 U.S. dollars per pound) for checked-in baggage and 400 U.S. dollars per passenger for unchecked baggage.
For travel between the U.S. points only, the liability limitation for baggage is 1,250 U.S. dollars per passenger.
According to the Montreal Convention 1999, the liability for baggage is limited to proven loss of property but not more than the amount of 1,131 SDRs (Special Drawing Rights) for each passenger specified in the baggage tag.
For more information please contact the airline.
NOTIFICATION ON LIABILITY LIMITATION FOR DELAY
The carrier’s liability for passenger delay occurs when the delay of departure/arrival of the aircraft over reasonable time takes place (more than two hours for scheduled flights, twelve hours for charter flights). In the event of damage caused by delay in the carriage of passengers, as referred to in the Warsaw Convention 1929, the carrier’s liability to each passenger is limited to material damage amounting to 100 U.S. dollars.
In the event of damage caused by delay in the carriage of passengers, as referred to in the Montreal Convention 1999, the liability of the carrier for each passenger is limited to proven loss of property in the amount of 4,694 SDRs.
In case of delay in baggage, as referred to in the Warsaw Convention 1929, the liability of the carrier for each passenger specified in the baggage tag, is limited to the material damage amounting to 50 U.S. dollars.
In case of delay in baggage, as referred to in the Montreal Convention 1999, the liability of the carrier for each passenger specified in the baggage tag, is limited material damage amounting to 1,131 SDRs.
The above restrictions do not apply if the passenger has made a special statement at the time of transfer of the check-in baggage about the interest in delivery and paid an additional fee. In this case, the carrier must pay a sum not exceeding the declared sum, unless he proves that the sum is greater than the real passenger’s interest in the delivery.
INFORMATION ON STATE TAXES AND DUES
The price of the ticket includes all passenger charges, taxes and duties as established by the governments for air transportation. The amount of these charges is included in the air ticket fare or shown separately in the “price” of this ticket. If the value of the ticket does not include taxes and fees, the passenger will have to pay them before departure.
DENIAL OF CARRIAGE
The airline can, at its discretion and in accordance with the General Rules of Transportation, deny carriage (or cancel the seat reservation or remove from the aircraft cabin at the en-route stopover) to:
- Passengers who do not meet the passport regime requirements, visa and quarantine and customs requirements in the country of departure, destination and transit;
- Passengers who do not have a valid ticket or documents confirming further transfer flight;
- Passengers, whose air transportation creates a threat or risk for themselves and/or for other passengers or their property;
- Passengers that have frank symptoms of a disease and those who provoke agitation among other passengers with their external appearance, behavior or the need of special care for them;
- Passengers who require individual care during the flight if they do not have corresponding accompanying persons;
- Passengers who, according to their external appearance, are in a drunken state or state of drug intoxication;
- Passengers who do not follow the carrier’s instructions on the flight safety;
- Passengers who have not paid corresponding charges or tariffs, and;
- Passengers who have committed other transgressions established by law, general IATA regulations and air carrier.
This sub-paragraph implies that only those passengers who have the necessary documents, valid ticket with the date of departure and return, not exceeding the visa term and who comply with the above may be allowed for carriage. The responsibility for the preparation and availability of all necessary travel documents belongs to the passenger.
The passenger’s right in case of denial of carriage for specified reasons consists in the refund of the unused ticket or portion thereof in accordance with the IATA fare rules and airline within one year from the date of issuance of the travel document (if transportation has not been performed in any of portion of the flight) or from the date of the first flight (unless otherwise specified in the applicable fare rules).
DENIAL TO CARRY BAGGAGE
The carrier can deny the carriage of the following items used as baggage:
- Items that can damage the aircraft, persons or their property that is located aboard the aircraft;
- Items which transportation is forbidden by law, rules and regulations of the government authorities of any country to the territory, from the territory and through the territory of which their carriage is performed;
- Items that by their weight, dimensions and nature can cause discomfort of other passengers and can threaten the safety of the flight;
- Animals, except for dogs, cats and other domesticated animals and birds which are accepted for carriage with prior carrier’s permission and subject to meeting certain conditions by the passenger according to the rules of such carriage.
ADDITIONAL CONDITION OF THE CONTRACT OF CARRIAGE
The passenger can be subject to liability for damage to the carrier as per Annex No. 9 to the Chicago Convention 1944, IATA General Rules and norms of national law in the country of departure or arrival.
28.8. Conversion of Currency Units.
28.8.1. Amounts indicated in Special Drawing Rights (SDR) are considered in this section as such, that concerns of Special Drawing Rights, and as they are specified by the International monetary fund.
Conversion of such amounts in national currency in case of legal proceedings or proceedings of claims of passengers is carried out according to the cost of currencies in Special Drawing Rights (SDR) on the date of the court’s decision or decision by the airline under passenger’s claim.
29.1. Grounds for Claims.
For air transportation of passengers and baggage, any claim regarding incurred harm (losses), irrespective of its grounds, is regulated by corresponding provisions of the Montreal convention or the Warsaw convention (depending on which one is applied) and agreement of air transportation and, it may be raised only according to conditions and limits of the responsibility, that is stipulated by appropriate normative acts and these rules, without disadvantage for determination of circle of persons, who have a right for claim and their respective rights.
In case of any such claim penalties, penal sanctions or any other reimbursement payments and services, which do not concern reimbursement of real (actual) harm, are not subjected to recovery.
29.2. Total Amount of Reimbursement.
Total amount of reimbursement, which can be received from actual carrier, who performed the carriage, from contracting carrier and their employees and sales and/or handling agents were acting in limits of their duties, shall not exceed maximum reimbursement, that based on these rules can be recovered by contracting carrier or by actual carrier, at the same time either of mentioned persons shall be responsible to the extent, that does not exceed the limit of reimbursement that is applied to this person.
29.3. Employers, agents. Limitations on amount of reimbursement
29.3.1. If a claim was raised against an employer or an agent (sales and/or handling) of the airline in connection with harm, about which is mentioned in these rules, such employer or agent (sales and/or handling) of the airline, if he proves that he acted in limits of his official duties, has a right to refer to conditions and limits of the responsibility, to which the airline by itself has a right to refer.
29.4. Raising of claims
29.4.1. Receipt of checked baggage by the person, who has a right on its receipt, without raising of claims provides for, until the contrary not proved, that baggage was delivered in proper condition and according to traffic document or record, which is kept by other means of information storage.
A passenger shall confirm the contrary by drawing up the act about carelessness during of transportation of the baggage (PIR - Property Irregularity Report) or act about damage of the baggage (DBR – Damage Baggage Report).
Mentioned acts are drawn up in the date of the flight arrival by place of destination before exit of a passenger from baggage section of the airport.
Acts PIR or DBR are not the acknowledgement of fault or responsibility of the airline for careless carriage of the baggage.
Acts PIR and DBR drawn up on the passenger’s request after his/her exit from control zone of the airport do not lead to civil consequences.
29.4.2. In case if improper transportation of checked baggage the passenger shall send to the airline written claim immediately after reveal of damage (lack of baggage content, damage of things, etc.) but not later than within 7 days since the date of receipt of checked baggage.
In case of delay in transportation of baggage a claim shall be raised by the passenger not later than within 21 calendar days since the date, when the baggage was delivered to the passenger’s disposal.
Claims related to loss of a baggage are raised against the airline after that when baggage will be acknowledged as lost.
A baggage is to be considered as lost, if it was not found in results of search within 21 calendar days, since the date next to that in which a baggage was supposed to arrive to the point of destination. In this case claim to the airline shall be raised within two years since the date of aircraft’s arrival to destination point, or since the date, when aircraft was supposed to arrive to the point of destination or the date of interruption of transportation.
29.4.3. Claims against the airline related to improper transportation of a passenger (delay, low-quality service, etc.) are raised not later than within 21 calendar days from the date when passenger arrived to destination point, or from the date when he supposed to arrive to destination point.
29.4.4. Any claim to the airline shall be presented in written and handed over or send in terms, mentioned in point 29.4.2 of this section.
All originals of necessary documents, which confirm passenger’s rights to require for reimbursement and depending on matter of raised claim, must be attached to the claim.
- ticket (route/receipt), fiscal checks of paid services, receipt of payment for excess baggage, a coupon of identification baggage tag, act about improper carriage of the baggage, references about delays and other documents, that may speed up settlement of the claim.
Amount of the claim shall be proven by interested person.
29.4.5. In the absence of claims in terms mentioned in points 29.4.2-29.4.4 of this section during international or domestic air transportations, no claims to the carrier are accepted except cases of deception from the airline side.
29.5. Consideration of claims
29.5.1. Claims are considered in the order established by the airline.
Received a claim, the airline depending on its complexity and sufficiency of claim documents, absence of which makes impossible consideration of claim on the merits of raised requirements, forwards to claimant within 15 days from the date of its registration notification-request, by which inform the claimant about receipt of the claim, about necessity to present additional documents if necessary and terms of the claim’s consideration after receipt of documents, which are lack.
29.5.2. The airline is obliged to consider the claim and notify the claimant about its satisfaction or rejection within three months from the date of its receipt, if transportation, in connection with which the claim was made, was performed by the one airline.
If other airlines took part in such transportation, the term of claim’s consideration may be extended up to six months with taking into account applicable rules of claims settlement by such airlines.
29.6. Legal claims
29.6.1. Claim about responsibility of the airline related to improper air transportation of a passenger or baggage shall be given, by a passenger’s choice, to a court by the airline’s location, or by the location of its office (its representative office), where air transportation agreement was concluded, in terms with accordance to applicable legislation, from the date of arrival to destination point, or from the date when aircraft was supposed to arrive, or from the date when transportation stopped.
Procedure is determined by law that is applied by the court where claim was given.
29.6.2. Claim about the responsibility for harm caused in result of death or injury of a passenger, maybe given to one of the courts, mentioned in point 29.6.1 of this section on the territory of country-party, which joined to the Montreal convention, in which passenger for the moment of event has main and permanent place of residence and to/from which the airline provides services connected with air transportation of passengers on own aircrafts or aircrafts of other airlines on the basis of commercial agreement, and in which this airline conducts the activity connected with air transportation of passengers, using premises rented by the airline by itself or other airline, with which it has commercial agreement, or which belong to it or other such airline.
Claims concerning responsibility of the airline related to improper transportation of a passenger maybe given in established by applicable legislation terms without prior submission of claim to the airline.
29.6.3. Stopping of existence of the person, who bear the responsibility
In case of the death of the person, who bears the responsibility, the claim for reimbursement of losses is given according to conditions of this section to persons-successors, which on legal basis represent such person or dispose her/his property.
29.6.4. Prescription of claims
Right for reimbursement of harm is lost if claim concerning the responsibility is not being raised within two years, from the date of aircraft’s arrival to destination or from the date when aircraft was supposed to arrive, or from the date when transportation stopped.
Order of counting of such term is determined by law, which is applied by a court, where the claim was submitted.
29.6.5. Claims against actual carrier and against contracting carrier
Any claim concerning the responsibility related to transportation, which is performed by actual carrier, may be, at claimant’s choice, raised against this carrier or against marketing carrier or against both of them or separately.
If the claim was raised against only one of these carriers, he has a right to involve to the lawsuit in the court and other carrier, where raised the claim, hereby procedure of the law of this court determines such involvement and its consequences.
29.6.6. Right of compensation in relation to third parties
Nothing in this section by any way does not settle the matter of that, whether the airline has, which according to provisions of these rules is responsible for harm, right for recourse in relation to any other person.
29.7. Requisites and location of the airline
29.7.1. The airline – Limited Liability Company "UKRAINIAN WINGS", registered and located in Darnitskyi region of the city of Kiev by address: 02121, Kiev, Kharkivske Hwy, 201-203 Letter 2A.
30.1. The airline has a right to bring changes and amendments to these rules, which preliminary agreed with authorized bodies of civil aviation of Ukraine.
Provisions and norms added to these rules do not contradict applicable international agreements of Ukraine, appropriate legislation of Ukraine and IATA resolutions.
30.2. Partners of "UKRAINIAN WINGS" airline – national and foreign air carriers after conclusion of agreements about partnership (Code-sharing and Interline) are obliged to fulfil national rules of air transportation, on the territory of states, where their commercial activity is held.
30.3. Air transportation service agent (air transportation sales agent) of the airline, representative or employer have no right to bring changes or cancel any provision of these rules, rules of relevant airline-partner and conditions of the air transportation agreement.
31.1. Provisions of this section cover all handling (air transportation sales) agents of the airline, employers and carriers-partners, which make sales of air transportation of "UKRAINIAN WINGS" airline on the territory of Ukraine and abroad.
31.2. The airline (its sales reservation agent) in air transportation sales office must place visible and accessible for consumers place, the following information:
- its full name, legal address;
- copies of authorization documents (licenses, certificates, attestations) concerning performance of transportation (sale of transportation);
- telephone number of the consumer’s rights protection local agency.
- complaints and propositions book.
31.3. The airline (its air transportation sales agent) during the sale of tickets must notify a passenger the following information:
- these rules and rules of carrier-partner in regards to passengers and baggage (the agent must provide a passenger with rules on passenger and baggage air transportation, of that carrier whose ticket is applied, or carrier, which is indicated as first on the ticket), on paper copy, in a form of the airline passenger memo (in case of online ticket sale through Internet system - in a form of electronic copy through the site, on which reservation of tickets is made)
- cost of transportation by the relevant route – orally in the point of tickets sale at the time of reservation (in case of online sale of tickets through the Internet system – in electronic form through the site, on which reservation of tickets is made, or indicating necessary information in the route/receipt)
- cost, conditions and limitations if carriage at special fare – in oral form at the time of reservation (in case of electronic tickets – through the site, on which reservation of tickets is made)
- administrative formalities during the trip on the relevant route – in oral form at the time of reservation
- limits of responsibility of the airline during transportation of the passenger and baggage – on the ticket or in route/receipt
- rights of passengers in case of denial in transportation, cancellation or delay of the flight
- items and goods forbidden for transportation - on the ticket or in the route printout
- peculiarities and conditions of transportation of passengers with limited physical abilities (disabled persons) and about necessity to order special service during reservation
Purchasing a ticket on flights of the airline a passenger unconditionally agrees on all Conditions of the air transportation agreement and rules on passenger and luggage air transportation of the airline.
The airline, carrier-partner, its sales agent, making promotional campaigns must provide to people full and reliable information related to a cost of transportation, which shall include sum of the fare, all charges (taxes) of the airline and airport surcharges (taxes).
32.1. Control for observance of these rules is laid on management of "UKRAINIAN WINGS" airline and authorized body of civil aviation of Ukraine.
32.2. Control shall ensure possibility of the airline, airline-partner, their sales and handling agents, to prove that they and their actions satisfy and correspond to established requirements of authorized bodyof civil aviation of Ukraine.
Mentioned subjects shall be ready to give the opportunity to relevant governmental authority to hold inspections during fulfillment of air transportation operations and servicing of passengers and baggage – by conducting of appropriate demonstration that such operations correspond to established requirements and rules.