- Rules of air transportation of passengers and baggage (hereinafter referred to as the Rules) of LLC "SKY UP AIRLINES" (hereinafter referred to as the Air Carrier) comply with the Rules of air transportation of passengers and baggage, approved by the Order of the Ministry of Infrastructure of Ukraine No 735 of 30 November 2012 "On Approval of the Rules for Air Transportation of Passenger and Baggage", registered with the Ministry of Justice of Ukraine on 28.12.2012 under No 2219/22531 (hereinafter referred to as the MIU RULES), developed in accordance with the requirements of Regulation (EU) of European Parliament and Council No 1107/2006 of 5 July 2006 on the rights of persons with reduced mobility when using airspace, Regulation (EU) of European Parliament and Council No 261/2004 of 11 February 2004 on the implementation of common rules for compensation and assistance to passengers in the event of refusal of carriage and cancellation or long delay of flights, Council Regulation (EU) No 2027/97 of 9 October 1997 on the responsibility of the carrier in the event of an incident, as amended by Regulation (EU) of European Parliament and Council No 889/2002 of 13 May 2002, Montreal Convention of 1999, General Conditions of Carriage (passenger and baggage) established by the International Air Transport Association (IATA), and resolutions and recommended practices of the International Air Transport Association (IATA).
- The provision of aviation security during the air carriage of passengers and baggage is carried out in accordance with the legislation, in particular, the Law of Ukraine "On State Aviation Security Programme for Civil Aviation".
- These Rules are developed in order to establish general conditions for the carriage of passengers and baggage by the Air Carrier, ensuring flight safety and service quality.
- The terms used in these Rules are used in the following meanings:
- Air Carrier shall mean LLC "SKY UP AIRLINES";
- Automated Booking System / Global Distribution System shall mean the system that provides display of information on flight timetables, availability of seats and tariffs of Air Carriers and by that the booking of air transportation services is carried out (hereinafter referred to as ABS/GDS);
- Aviation Carrier (hereinafter referred to as Carrier) shall mean an entity that provides services for the carriage of passengers and cargo by air transport: in the case of Ukrainian carrier - on the grounds of a license, as well as an operator's certificate issued by the authorized body on civil aviation of Ukraine; or in the case of foreign carrier - on the grounds of relevant document issued by competent authority of another country that complies with international treaties that are binding for Ukraine;
- ▪ Carrier performing activity shall mean a carrier performing or intending to perform flights under a contract with a passenger or under instructions of another legal entity or individual, having a contract with this passenger, that carries or undertakes to carry the passenger and/or his/her baggage according to the ticket, and also undertakes to provide all other services related to such carriage, regardless of whether this legal entity or individual is the actual carrier or carrier under contract. The term "Carrier" includes agents, employees, representatives and contractors of the Carrier, unless otherwise provided by these Rules;
- Service Agent shall mean subject of ground servicing, authorized by the Carrier to perform operations on ground servicing of passengers and baggage;
- Baggage Identification Tag shall mean a document issued by the Carrier for the identification of registered baggage;
- Exceptional Conditions shall mean conditions under those the transportation of passengers and baggage is not subject to ordinary operations and procedures for the operation of civil aircraft, including the conditions under those the transportation of the peacekeeping contingent, transportation for the elimination of the consequences of a natural disaster or accident, etc. are carried out;
- Group Transportation shall mean transportation of a group of persons having a common purpose of travel. The minimum number of group shall be set by the Carrier;
- days shall mean calendar days, including all seven days of the week, holidays and days off. In order to determine the validity term of the transport documentation, certificates and other documents, as well as the terms for ending the transportation, period of limitation for the submission of claims, the countdown runs from 00 hours of the day following the day when an event occurred or an action was taken. The remaining time of this day will not be taken into account. If the expiration of the above term falls on a holiday or a day off, then the day of expiration of the term shall be the first working day after it;
- Mutilated Ticket shall mean a ticket the state of that does not enable to identify or read the information contained therein, due to passenger`s fault;
- Mixed Transportation shall mean transportation carried out using various transportation modes in a single transportation document with the participation of air transport;
- Stopover shall mean pre-agreed between the Carrier and the passenger temporary stop at any point, except for points of departure and destination;
- Interline Agreement shall mean an agreement on the mutual recognition of transportation documentation and the implementation of appropriate mutual settlements;
- Carrier Code shall mean the conditional alphabetical or alphanumeric designation of the Carrier provided by IATA in accordance with the established procedure used for identification of the Air Carrier in the ABS/GDS;
- Commercial Agreements shall mean any agreements between Carriers, other than an agency agreement, relating to the provision of common services by them related to the air carriage of passengers and baggage;
- Compensation in the order of recourse shall mean compensation of costs at the expense of a third person;
- User shall mean a person using air transport or intending to use it;
- Itinerary/Receipt shall mean a document(s) forming an integral part of the electronic ticket and containing the required information (for example, passenger's name, route, tariff, etc.), notifications and notices;
- Place of Departure shall mean a point specified in the ticket, from those the carriage of the passenger and his/her baggage starts;
- Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999 (hereinafter referred to as the Montreal Convention);
- Emergencies shall mean circumstances that result in a long-term delay or cancellation of one or more flights, even if the relevant air carrier has taken all reasonable measures to prevent delays or cancellations. Emergencies include, but are not limited to, hostilities, mass disorder, sabotage, embargoes, fires, floods or other natural disasters, explosions, acts or omissions of state authorities, strikes, technical obstacles caused by refusals or failures, power supply system malfunctions, communications, equipment, software failures;
- Normal Tariff shall mean an exclusively flexible tariff set up for business class, economy class service, sometimes for premium service, that provides maximum flexibility for booking a seat, registration of a ticket, stopping time, stopovers, combination of tariffs, re-booking and change of route, denial of carriage, etc. The validity term of Tariff is 12 months;
- Principal Place of Business of the Air Carrier shall mean location of the head office where the core administrative and organizational and financial functions of the Air Carrier are carried out;
- Principal and Permanent Place of Residence shall mean one fixed and permanent place of residence of the passenger at the time of an event. Citizenship of the passenger is not a determining factor for determining the Permanent Place of Residence;
- Final Time of Passengers Registration shall mean the time after that passengers who did not pass the registration or boarding on an aircraft are not accepted for carriage to the relevant flight;
- Transit Passenger shall mean a passenger who, according to an air transportation agreement, is transported further by the same flight as he/she arrived to an intermediate airport;
- Transfer Passenger shall mean a passenger who, according to an air transportation agreement, is sent to the point of transfer by one flight, and then is transported by another flight of the same or another Carrier;
- Passenger Coupon (or Passenger Receipt) shall mean a part of a passenger paper ticket that remains at the passenger after the carriage, and to that the notifications regarding the conditions of transportation of passengers are added;
- Confirmed Booking shall mean booking made in the Automated Booking System and confirmed by the Carrier. It shall be specified in the ticket (electronic ticket) by the mark "OK";
- Air Transportation shall mean the carriage of passengers, baggage, cargoes or mail, carried out by an aircraft on the grounds of the relevant air transportation contract. Transportation may be international and domestic. International Transportation shall mean the carriage where the point of departure and point of destination, whether or not there was a stop in the carriage or overload, are located either in the territory of two different countries or in the territory of one country, if the agreed stop is provided in the territory of another country. Domestic Transportation shall mean the carriage of passengers and/or baggage by aircraft between points located in the territory of Ukraine;
- Flight Coupon shall mean a part of a passenger ticket or, in the case of an electronic ticket, an electronic coupon, that specifies the respective points of departure and arrival, between those the coupon is valid for the carriage of the passenger and baggage;
- Potentially Dangerous Passengers shall mean the category of passengers who are compulsorily flying (convoyed, deported), accompanied by authorized employees of the relevant authorities;
- Carrier Rules shall mean rules, instructions and technologies established by the Carrier used during air transportation of passengers and/or baggage, including rules of air transportation of passengers and baggage, rules for the application of tariffs, standards and instructions for passenger and baggage service, procedure for review of claims and lawsuits;
Claim shall mean written request of the person concerned for the indemnification of damage (loss) incurred as a result of Domestic or International air transportation;
- Flight with Exceeding Booking shall mean flight, for that number of passengers having confirmed booking and arrived for registration before the end of the Final Time of Passengers Registration, exceeds the number of available seats on the flight;
- Reasonable Measures shall mean adequate measures taken by the Carrier in order to prevent or mitigate the damage (loss) to the passenger;
- Reasonable Time shall mean a period of time, the reasonable duration in the course of air transportation of a passenger (baggage) is two hours or more - for all flights ranging of up to 1,500 kilometers; three hours or more - for all flights ranging from 1,500 to 3,500 kilometers; or four hours or more for all other flights;
- Segment of Route shall mean a part of transportation between two points, that forms an integral part of the full route and is issued on one Flight Coupon;
- Special Drawing Right (hereinafter referred to as SDR) shall mean the monetary unit of account used by the International Monetary Fund (IMF) and is defined as a basket of currencies the composition of that is periodically revised by the IMF in order to reflect the relative value of currencies in world trade and financial systems;
- Special Tariff shall mean the tariff, published by the Carrier, with certain restrictions in the part of its application;
- Special Conditions shall mean conditions for the transportation of passengers and baggage arising from the non-compliance of the provisions of these Rules with the rules of another country or if the rules of another country establish a lower level of transportation conditions than those established by these Rules or if another country require to comply with its rules and this threatens performing the transportation contract;
- Agent Providing Services for the Sale of Air Transportation (hereinafter referred to as the Sales Agent) shall mean a legal entity that carries out the activity on sale of air transportations on behalf of the Air Carrier or general agent on the grounds of a contract;
- Tariff Norms shall mean tariffs established and published by the Carrier and their rules of use;
- Agreed Stop Places shall mean points (except for points of departure and destination) specified in the ticket or indicated in the traffic timetable of the Carrier planned as stop places in the route of transportation;
- Charter Flight with a Business Purpose shall mean a charter flight, for that the entire capacity of aircraft has been chartered by one individual or legal entity solely for their own needs (without the right to sell the capacity to a third party) for the purpose of passengers and/or cargo transportation and is not distributed among other charterers. While, the number of passengers being transported may not exceed 15 persons, and cargo weight may not exceed 2 tons.
Other terms used in these Rules are used in the meaning assigned to them in the Air Code of Ukraine.
SCOPE OF USE
General conditions of transportation
- These Rules apply to any International and Domestic Transportation of passengers or baggage performed by aircraft for payment or under employment, as well as for transportation carried out by air transport free of charge, to/from airports located in the territory of Ukraine.
- These Rules apply to a passenger travelling on a flight (flights) according to the ticket. The determination of operator as Carrier for such a flight shall serve as confirmation of the existence of a contract for carriage for such the flight between this Carrier and the passenger specified in the ticket.
- All transportations of passengers and baggage specified in paragraph 2.1.1 are subject to the Rules of the Air Carrier, as well as the Air Carrier's Tariff Norms valid as of the date of issue of the ticket (registration of the electronic ticket), and if such date cannot be defined - as of the date of commencement of transportation. During the transportation of passengers and baggage, the Rules, Tariffs and fees applicable as of the date of issue of the ticket shall be used.
- The Air Carrier has established these Rules in order to increase the efficiency and quality of the transportations that meet the standards and norms of quality, responsibility for servicing passengers established by the authorized body on civil aviation matters. These Rules are agreed upon by the authorized civil aviation body. The terms of the contract for performance of charter flight by the Air Carrier for business purposes do not contradict the provisions of these Rules and include provisions on the rights of passengers in the event of denial from transportation, cancellation or long-term delay of the flight.
- These Rules, as well as the Tariff Norms of the Air Carrier, as amended, do not apply to the contract for transportation of passengers and baggage without the passenger's notice after the date of issue of the ticket, except of cases when this may be required in accordance with applicable laws, for example, in terms of flight security.
- The Air Carrier has the right to exercise the carriage of passengers and baggage in respect of those it is impossible to ensure compliance with these Rules, only under the Special Conditions provided for in chapter 2 of this section.
- These Rules shall not apply during the carriage of passengers and baggage carried out under Exceptional Conditions that are not subject to normal operations and procedures for the organization of passenger and baggage transportation.
Special conditions of transportation
If the Air Carrier has been proved, and the authorized body on civil aviation recognizes that the provisions of these Rules are practically impossible to fulfil, and the general conditions of transportation of passengers and baggage established by these Rules may be ensured by the use of alternative means, then such a body may approve a single operation or a scheduled series of several operations for the carriage of passengers and baggage under Special Conditions. The overall level of quality and safety during such carriage shall be at least equivalent to that one that would be ensured in the course of meeting all requirements established by these Rules.
The Rules of the Air Carrier regarding the use of Special Tariffs and the transportation of certain categories of passengers and baggage are also Special Conditions of transportation.
ENSURING QUALITY OF CARRIAGE OF PASSENGERS AND BAGGAGE
These Rules and the RULES of the MIU shall form an integral part of the Air Carrier's quality assurance programme for the carriage of passengers and baggage.
New rules, standards, regulations, specifications, technologies, instructions, manuals for air transportation of passengers and baggage must be in accordance with the Air Carrier's quality assurance programme.
Contract for carriage
- Passenger ticket and baggage receipt are confirmation of the conclusion of a contract for carriage and reflect its terms. Absence, errors or loss of the ticket and baggage receipt do not affect the validity of the contract for carriage.
- The ticket gives the passenger the right to fly by the relevant flight(s) and obliges the Air Carrier to carry out the corresponding carriage of the passenger and his/her baggage, as well as to provide other services related to the carriage, in accordance with the terms of the contract for carriage, except as provided for in paragraph 4.1.4
- The terms of the contract for carriage attached to the ticket must not conflict with the Montreal Convention, the Air Code of Ukraine and these Rules.
- A person is not entitled to fly by the flight, and the Air Carrier or the person authorized by the Air Carrier has the right to declare the ticket invalid, if:
- the person presents a damaged ticket or ticket to that the changes have been made not by the Air Carrier or its authorized Sales Agent;
- it is found that the ticket was purchased for a fake/stolen or invalid payment card (credit card);
- the person does not present the ticket that contains a flight coupon for the relevant flight, all other unused flight coupons, as well as passenger coupon;
- the ticket is issued not in the name of the Passenger who presented it;
- the ticket is declared lost;
- the ticket is forged or fake;
- there are rubbing, correction of the Passenger's name, date, flight number, class, booking status in the ticket;
- the ticket does not have a validator's mark and date of sale;
- the ticket is damaged or passenger coupon is missing;
- the ticket was purchased from a legal entity or an individual being not a Representative or Agent of the Air Carrier;
- the Tariff is applied incorrectly without the Air Carrier's fault;
- the person fails to confirm that the electronic ticket has been provided to him/her properly (in the case of issuing an electronic ticket).
- Tickets that are declared invalid due to the Air Carrier's fault, if the passenger needs, shall be subject to re-registration. Tickets that are declared invalid for reasons beyond the control of the Air Carrier are subject to cancellation without re-registration. In all cases, the Air Carrier or a person representing its interests shall draw up a certificate, a copy of that is given to the passenger.
- A person found on board of an aircraft without a ticket or with a ticket that the Air Carrier has found to be invalid shall be landed from the aircraft.
- An appropriate certificate shall be drawn up on finding aboard passengers without tickets and the unit of the authorized body on civil aviation, the competence of that is to exercise control over the provision of aviation security, shall be notified.
- The Passenger is obliged to keep the ticket and other transportation documents till the end of the carriage, and in the case of claim - until the time of its resolving. The ticket and other transportation documents issued to the passenger must be presented at the first request of the authorized persons of the operator (airport operator, service agent, etc.).
Lost or Mutilated Ticket
- In case of loss or damage to the ticket (part thereof) by the passenger, the Air Carrier may, at the passenger's request, replace such the ticket by issuing a duplicate of the ticket, subject to the passenger's signing of an agreement on compensation in favour of the Air Carrier, to the cost of the original ticket incurred or likely to be incurred by the Air Carrier, in relation with the use of the original of the ticket by a third party. If the passenger does not sign such an agreement, the Air Carrier, if issued the duplicate ticket, has the right to demand from the passenger to pay its full value. The Air Carrier has the right to charge the passenger for the services of issuing the duplicate ticket, if the loss or damage was not due to the neglect of the Air Carrier (its Agent). In case of loss or damage to the ticket of another Carrier, the duplicate ticket shall be issued only if there is a written consent of such Carrier.
- The Air Carrier has the right to refuse the passenger to issue the duplicate ticket if:
- the passenger has not signed the agreement stipulated in paragraph 4.2.1 and has refused to pay for services on issuing the duplicate ticket;
- the passenger requests to issue the duplicate ticket at the airport on the day of the flight, if less than three hours remain till the departure of the flight in accordance with the schedule, or the flight is carried out at the hours when the office of the airline, that should give consent, does not work.
Prohibition of transfer of a ticket
- The ticket may be used to transport only the person whose surname and name are specified in the ticket.
- In order to comply with the requirements of paragraph 4.3.1, the Air Carrier has the right to require the passenger to identify himself/herself.
Validity term of the ticket
- Validity term of the ticket includes:
- overall validity term of the ticket;
- validity term for transportation.
- The overall validity term of the ticket gives the passenger the right to use the ticket for all operations provided for by these Rules, including for obtaining a seat for a particular flight and date, return of the value of fully or partially unused transportation and other settlements established by these Rules.
- The overall validity term of the ticket covers the period of time from the moment the ticket is issued and till the expiration of the term for receipt of funds for unused ticket according to the rules of application of Tariffs of the Air Carrier.
- The ticket with a guaranteed departure date gives the right to transport the passenger and his/her baggage from the designated airport to transfer airport, stopover, or airport of return transportation only on the day and by the flight specified therein.
- An open-date ticket gives the right to transport from the relevant airport only after the booking has been made and the ticket or flight number has been entered to the ticket by the Air Carrier or its authorized person.
- A ticket issued under a Normal Tariff is valid for one year from the date of commencement of transportation, if a part of the ticket is used, or from the date of its issue - if the entire ticket is not used.
- A ticket issued under a Special Tariff is valid for transportation only until the date specified in the ticket and on conditions established by the rules of application of Tariffs of the Air Carrier.
Extension of the validity term of the ticket
- The validity term of the ticket, regardless of the type of applied Tariff, shall be extended, if the Air Carrier:
- cannot provide a seat for the flight that the passenger has confirmed booking for;
- cancels the flight that the passenger has confirmed booking for;
- misses the agreed stopping point;
- will not make the flight in reasonable time beyond the time of departure of the flight, that is specified in the ticket;
- by its actions leads to that the passenger will not be in time to transfer to another connecting flight, that the passenger has confirmed booking for and that is specified on the same ticket, where the previous flight is specified;
- cannot provide service in accordance with the paid class of service; in this case, in event of consent of the passenger for further carriage, the validity term of his/her ticket shall be extended for the time until the first flight, where there is a seat for such the passenger in the paid class of service;
- as well as in the case of illness of the passenger or a member of his/her family travelling with him/her, on the aircraft, subject to the presentation of the appropriate certificate from the healthcare institution.
- If the passenger after beginning the travel cannot continue it, during the validity term of the ticket for transportation due to illness or other circumstances after the start of the travel, the Air Carrier may extend the validity term of such ticket when the passenger can continue the travel or to the first flight of the Air Carrier where there is a seat in the paid class of service, after such a date and from the place where the travel was interrupted. The fact of illness or other circumstances should be confirmed by the relevant certificate of the health care institution. In such a case, the Air Carrier may also extend the validity term of the tickets of the persons accompanying such passenger.
- In the event of the death of a spouse or a family member of the passenger who has not started a journey, or in the event of death of the passenger on the route, the validity term of tickets may be extended to the persons accompanying such passenger, as well as the minimum stay at the event point may be increased. Extension of the validity term of tickets should be made after receipt of a properly completed death certificate and for a period not exceeding 45 days from the date of death of the passenger.
In applying these Rules, the members of the family of an individual are his/her parents and the parents of his/her spouse, his/her spouse, children both of this individual and of his/her spouse, including adopted children, guardians, grandparents, siblings, grandchildren and other dependants recognized by law.
Also, the Air Carrier may expand the list of persons belonging to the family members of the deceased passenger.
The sequence of flight coupons
- The Air Carrier shall accept flight coupons only in succession, starting with the first departure airport specified in the ticket.
- A ticket in that the passenger breaches the sequence of use of flight coupons shall be declared invalid if this was not due to the fault of the Air Carrier or its authorized agent (for sale and/or servicing).
- Passenger coupon and all unused flight coupons that have not previously been returned to the Air Carrier remain in the passenger during the journey and should be provided to the Air Carrier upon its request. In case of breach of the sequence of use of flight coupons due to the fault of the passenger, the Air Carrier has the right to refuse transportation and to return the value of unused flight coupons.
- If the passenger refuses from transportation on one of the segments of the route, that leads to breach of the use of flight coupons, and wishes to use other segments of the route or return flight, the passenger must warn the Air Carrier about this and re-register the ticket.
Class of service
- The Air Carrier provides the passenger with the service in accordance with the paid class of service. The Air Carrier (its Sales Agent) shall inform the passenger during the booking and/or registration of the ticket on service in the appropriate class.
- Passenger is accepted for carriage in the class of service specified in the flight coupon, for the date of flight and for the corresponding flight, that the passenger has confirmed booking for.
- If the ticket is issued without a confirmed booking (the booking status is different from "OK"), the seat will be booked upon request of the passenger at check-in, subject to the availability of such seat in the paid class of service on the flight. If there is not enough time to make booking, the passenger may be accepted for carriage without making the booking.
- The Air Carrier has the right, both for technical and commercial reasons, to increase or lower the service class. In the event of a downgrade of the service class, the Air Carrier shall as soon as possible inform the passenger thereof and offer appropriate compensation, taking into account the provisions of para. 16.5 of these Rules.
The term and conditions for the presentation of tickets in order to return the amounts paid
- A ticket may be presented to the Air Carrier for the return of the paid amounts for a partly or completely unused transportation, if such return is allowed by the rules of Tariff application:
The Air Carrier, having regard to the circumstances that made it impossible to present the ticket for a refund operation, may extend this period.
- before the beginning of the carriage;
- for the entire validity term of the ticket for carriage;
- within 30 days after the expiration of the validity term of the ticket for carriage.
- Refund of amounts for unused tickets shall be made in compliance with the rules of Tariff application set by the Air Carrier.
- The expiration of the term specified in paragraph 1 of this chapter does not deprive the passenger of the right to submit a claim to the Air Carrier in accordance with section 28 of these Rules.
- The name of the Air Carrier may also be specified in the ticket as an IATA air carrier code.
- The Air Carrier (its sales agent or service agent) shall inform the passenger during booking (registration) information on the full name of the Air Carrier which is indicated in the ticket as a code.
STOP ON THE ROUTE OR STOPPING PLACE RECONCILIATION (STOPOVER)
A stop on the route is allowed provided it is pre-agreed with the Air Carrier and specified in the ticket.
If the passenger has a ticket issued under Normal Tariff, stopping during the validity term of the ticket is allowed at any point on the route.
If the passenger has a ticket issued under Special Tariff and makes a stop, then the passenger may be charged for this extra charge.
TARIFFS AND FEES
Tariffs do not include transport services between airport terminals and between airports and city terminals.
Airport fees (taxes) for the provision of services to passengers during their service at the airport are established and approved in accordance with applicable law and must be published in a form accessible to users.
Airport fees (taxes), fees (taxes) of the Air Carrier are not included into the Tariff, and together with the Tariff, they constitute the full cost of the transportation.
Airport fees (taxes), fees (taxes) of the Air Carrier established for the use of any services or equipment may be included into the cost of transportation or paid separately with the provision of a document confirming the payment of these services.
Tariffs, fees (taxes) for air transportation to/from and within Ukraine are published by Air Carriers and airports in the ABS/GDS in the currency approved by the authorized body on civil aviation and agreed with the IATA Tariff Policy Coordination Conference.
Payments for air transportation services in the territory of Ukraine are carried out in accordance with the current legislation of Ukraine. The exchange rate is defined in accordance with the current legislation of Ukraine.
BOOKING FOR CARRIAGE OF PASSENGERS, BAGGAGE
Requirements for booking
- Booking a seat in an aircraft and carriage capacity of the Air Carrier for transportation of over-norm baggage for a certain flight and date is a prerequisite for the carriage of passengers and baggage by air transport.
- For booking, the ABS/GDS is used. One may book seats and tonnage by means of fixed and mobile communication, the Internet, specialized self-service machines, etc. The main condition for the use of such booking methods is the reflection of the booking made in the Air Carrier`s booking system.
- As a rule, bookings may be made 6 months before the date of the flight, subject to a confirmed timetable. Entry to the booking of passport data is carried out in accordance with the current legislation and international treaties of Ukraine.
- The Air Carrier or its sales agent shall inform the passenger (his/her representative) on the terms of payment and registration of the ticket and changes in the timetable.
- Until the passenger (his/her representative) has not paid the full cost of transportation, the booking is considered preliminary and, if necessary, may be cancelled with notifying the passenger thereof.
- In case of non-payment of the cost of transportation by the passenger (his/her representative) within the term established by the Air Carrier (his/her sales agent), the booking shall be cancelled without notifying the passenger thereof.
- If the passenger has not arrived to the flight (for check-in or boarding on an aircraft, "No-show") for that he/she has a confirmed booking and has not informed the Air Carrier in advance about changes in his/her journey, the Air Carrier has the right to cancel bookings for the following route segments or for return flight.
Passenger's personal data
- During the booking, the passenger informs the Air Carrier or its sales agent on the necessary information regarding his/her personal data and special conditions of transportation. Furthermore, in the course of booking, the passenger is obliged to provide the Air Carrier or its sales agent with reliable information on his/her phone number, address and other possible reserve contact for timely notification and informing the passenger. In the absence of proper communication with the passenger, that is documented by the Air Carrier and the communications company, the passenger shall bear responsibility for the consequences of untimely notification and informing on the changes in transportations.
- In the event that the passenger refuses to provide the required booking information, no booking is made.
- Within the limits established by the current legislation of Ukraine and the destination country, the person who carries out the sale of transportation (Air Carrier, sales agent) is obliged to observe the confidentiality of the passenger's personal data. In this case, the passenger authorizes the Air Carrier to keep personal data about himself/herself and provide them to the state authorities upon their request or to its employees, agents, other carriers, providers of additional services for booking or re-registration of transportation, obtaining additional services, organizing a baggage tracing system and system for warning/identification of fraud with transportation documents, provision of information assistance on arrival/departure on the route of transportation, that should comply with the legislation on protection of personal data.
- It is prohibited to enter the booking instead of contact data of the passenger the contact details of the sales agent.
Providing a seat
- Booking a seat may be done either with or without fixing a specific seat for the passenger on board of the aircraft.
- The Air Carrier is entitled to change the seat provided even after boarding the passenger on board of the aircraft for reasons of safety and technical reasons.
- In the case of providing the ticket with an open date of departure the booking of the seat is made on the general grounds in the presence of vacant seats on the flight.
- In case if the passenger has a ticket with an open date of departure and requests the seat and the Air Carrier does not have such a possibility, then the Air Carrier or authorized sales agent should offer the passenger to book a ticket to the nearest flight, where there are vacancies.
- The priority and extraordinary right to receive a seat on a flight is determined in accordance with the current legislation. The Air Carrier may supplement the list of persons who are entitled to priority and extraordinary receiving a seat.
Repeated booking confirmation
- The Air Carrier has the right to require the passenger to re-confirm the return flight. Flights using the procedure for confirming return flight are set by the Air Carrier. The passenger should be informed on the need to confirm return flight.
- Repeated confirmation of a return flight is not required if the return flight is expected in less than 72 hours or the booking is made for the flight less than 72 hours prior to the departure time of the flight according to the timetable. If a passenger has several flight route segments, then confirmation is made for each segment..
- The Air Carrier must inform the passenger when and how the flight may be re-confirmed. Failure by the passenger to comply with the Air Carrier's requirements for re-confirming the booking gives the Air Carrier the right to cancel the unconfirmed booking, but not earlier than 72 hours prior to departure of the flight according to the timetable.
Passenger service at the airport
- The Air Carrier or service agent shall provide passengers at the airport with visual and/or acoustic information (according to technical capabilities of the airport) concerning:
- the time of departure and arrival of the aircraft;
- seat, time of start and end of flight registration;
- delays or cancellations of flights and reasons for delays and cancellations of flights;
- methods and routes for the transition between airport terminals or travel between airports and from airport to city;
- rules and procedures for conducting pre-flight and post-flight inspection of passengers and baggage;
- general rules of passenger fulfilment of requirements related to border, customs, immigration, sanitary and epidemiological, veterinary and sanitary, phytosanitary and other types of control, in accordance with applicable laws;
- placement of the room of mother and child, the law enforcement bodies station, the reference, the medical centre, the dressing room, etc.;
- place of receipt of baggage and actions of the passenger in case of delay, damage, destruction of baggage.
- All advertisements made at Ukrainian airports are performed in Ukrainian. In international airports of Ukraine, the announcements are additionally performed in English and/or in the language of the country from/to that the flight is made.
- At the airport, the Air Carrier or service agent shall provide:
- check-in of passengers and registration of baggage for carriage;
- land transportation of passengers, their baggage to the aircraft's place of stay and it shall arrange the boarding of passengers into the aircraft and loading their baggage;
- organization of deplanement of passengers from the aircraft and unloading of baggage, their land transportation to the appropriate airport terminal for the arrival and delivery of baggage.
- Time of ticket registration:
- beginning 2 hours prior to the flight departure time;
- ending 40 minutes prior to the flight departure time.
- Time of ending passengers boarding to the aircraft:
- 10 minutes prior to the flight departure time.
- The start and end time of registration and boarding into the aircraft shall be specified in the ticket or in another document that is issied to the passenger during the ticket sale.
- Business class passengers are served at a separate check-in desk (in the absence of such facilities - check-in is carried out with highest priority), they are given an invitation to the business lounge waiting (if available); delivery of these passengers to/from the aircraft is carried out by a separate bus. The Air Carrier has the right to provide premium class (comfort class) passengers with similar services free of charge or to charge for the provision of such services.
Passenger service on board of the aircraft
- The Air Carrier provides passengers on board of the aircraft with a range of services depending on the type and equipment of the aircraft, duration of the flight, the time of day during that the flight takes place, as well as the class of service specified in the ticket. The scope of services and the order of their provision are determined by these Rules.
- The Air Carrier shall provide:
- equipment of the passenger cabin of the aircraft with technical means and systems of passenger safety;
- support of the appropriate temperature mode in the cabin, means of individual use for passengers (individual lighting, fan, table for food, system of fastened seat belts, oxygen and smoke masks, etc.);
- maintenance of the proper sanitary and hygienic state of the cabin of the aircraft;
- serviceability and completeness of equipment, inventory and means of passenger service;
- availability of seats for passengers with children and seats with the ability to set cribs for infants (if provided by the design of the aircraft);
- possibility of placement of patients with stretchers and physically challenged persons (if provided by the design of the aircraft);
- providing services that create comfort and match the duration of the flight.
- The Air Carrier shall have trained personnel on board of the aircraft in sufficient number to provide passenger services, including provision of pre-hospital care, as well as to ensure flight safety in accordance with current civil aviation rules and regulations of Ukraine.
- The Air Carrier shall ensure providing the following free of charge services on board:
- assistance to passengers during boarding or deplanement to/from the aircraft (finding the seat, placement of hand baggage, etc.)
- information and reference service - timely and correct informing of passengers about the rules of conduct on board of the aircraft, the services provided, flight conditions, the use of emergency equipment, the location of the individual protection means and inflatable traps in the aircraft cabin, the location of main and emergency exits, conditions of leaving the aircraft in emergency situations;
- individual service;
- first medical aid;
- providing soft drinks;
- provision of passengers with a soft inventory and means of service in flight;
- providing passengers with periodicals (newspapers, magazines, advertising products);
- broadcasting of musical programmes (if the appropriate equipment is available).
- Passenger service on board of the aircraft may be carried out in the following classes:
- Premium or Comfort (Enhanced Economic);
- Economic class.
- Providing soft drinks is mandatory free of charge service. For each flight hour, the minimum rate for supply of soft drinks is 100 ml, and in the absence of food - 150 ml per hour of flight. In the period from 15 April to 14 October, inclusive, the provision of soft drinks is increased to 150 ml.
- Hot food shall be provided on board of the aircraft in accordance with the established terms of the agreement between the tour operator and the Air Carrier. Food and hot drinks may not be provided to aircraft passengers if the above condition is established by the Air Carrier or the customer of the flight and the passenger is informed about the conditions of service on board of the aircraft prior to the conclusion of the contract of air transportation or the purchase of the package for integrated tourism services.
- The Air Carrier may provide additional passenger services to the passenger in flight. The list of additional services of high comfort, the procedure for their provision and payment shall be set by the Air Carrier. The Air Carrier shall inform the passengers on the additional services in the way it has chosen.
- For the provision of the first medical aid in flight, the Air Carrier shall have on board of the aircraft first aid kit in the following quantities:
- 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 over 300 - 4 units;
- The Air Carrier shall ensure the availability of wheelchairs for the movement of passengers with disabilities on board of the aircraft.
- Prior to each flight the Air Carrier shall ensure:
- cleanliness in the passenger cabin of the aircraft, the presence of head restraints on the seats;
- serviceability and completeness by stationary and removable equipment, service facilities and soft inventory;
- availability of soft drinks, and for flights where food is provided - meals under the norms established by the Air Carrier;
- heating/cooling passenger cabin.
- The Air Carrier shall ensure throughout the flight:
- supply of cold and hot water to the kitchenette and toilets;
- correspondence of pressure in passenger cabin and speed of its change to the established norms;
- air temperature in salons not lower than 18 and not higher than 25 degrees Celsius;
- cleanliness and order in the passenger cabin;
- permanent control over the compliance by the passengers with the rules of conduct on board of the aircraft.
Requirements for the quality of services provided to the passengers on board of the aircraft, depending on the class of service
- Passenger service in the Business class is carried out in a separate cabin located at the fore body of the aircraft. The cabin shall be equipped with universal armchairs-transformers. The distance between the chairs (between the two front legs of the chairs) should be at least 78.71 cm (31 inches). The cabin should be equipped with an on-board entertainment system or passengers should be provided with an individual touch TV. The layout of Business class cabin depends on the type of operated aircraft. The number of seats in the Business class cabin depends on the layout of a particular aircraft.
- Premium class (Comfort class) is a class of high comfort, the standards of service in that (food and baggage rates) should meet the standards of Business class service. The cabin is located at the fore body of the aircraft, behind the Business class cabin, if any. The Premium class (Comfort class) cabin shall be equipped with chairs provided for the Economy class cabin. The Air Carrier may equip the Premium class cabin with chairs similar to the Business class chairs. The distance between the chairs (between the two front legs of the chairs) should be at least 78.71 cm (31 inches).
- The Premium class (Comfort class) cabin is separated from the Business class cabin and from the Economy class cabin by a partition (hard or soft).
- Specially trained flight attendants provide the Passengers of Business and Premium (Comfort) classes with the same service, namely:
- individual set of magazines and newspapers;
- blanket, pillow (regardless of duration of the flight);
- separate toilet;
- warm wet wipes for hands before eating;
- an enhanced assortment of food with the possibility of passenger choice of food from several its types;
- alcoholic and soft drinks in the assortment.
- The salon is located behind a business class salon or a premium class (comfort class) saloon if it is available. The Economy class cabin is located behind the Business class cabin or Premium (Comfort) class cabin, if any. Passengers shall be placed in passenger cabin with standard chairs. The distance between the chairs (between the two front legs of the chairs) should be at least 73.66 cm (29 inches).
- Provision of catering services to passengers shall be carried out with strict observance of the shelf life of products.
- Providing passengers with soft drinks is done 20 minutes prior to and 25 minutes after the end of providing the catering services.
- The basic diet (hot meal, if provided) is offered to passengers in 1-1.5 hours after the take-off of the aircraft.
- Temperature of snacks, dishes and drinks offered on board of the aircraft shall be:
- hot dishes - +65/70 degrees Celsius;
- hot drinks - +75 degrees Celsius;
- cold dishes - + 10/14 degrees Celsius;
- snacks - + 10/14 degrees Celsius;
- soft drinks - + 10/14 degrees Celsius.
- Music programmes (if applicable) are intended to fill the pause between the texts of mandatory information and create a pleasant sound background in the aircraft cabins. The broadcast of music programmes shall be stopped at night, except of the use of individual listening systems, 15-20 minutes after eating (when passengers are resting) and upon the request of passengers (in bad health and for other reasons).
- Additional services on board of the aircraft include:
- providing passengers with on-board meals;
- trade in souvenirs, industrial and food products, books and magazines;
- demonstration of cinema, video or tapes;
- hotel booking;
- taxi order;
- booking tickets;
- provision of telephone communication with a land subscriber;
- providing board games.
- All types of additional services shall be provided without compromising flight safety and the performance of mandatory services.
Safety requirements on board of the aircraft
- The aircraft shall be provided with the necessary set of emergency equipment and means of emergency evacuation of passengers in the event of emergency.
- It is prohibited to take on board of the aircraft containers, inventory and equipment for those there are no sockets, racks or special fasteners.
- The maximum number of persons on board of the aircraft should not exceed the number of chairs and seats provided with straps.
- Before take-off, landing and in special cases, the passengers are obliged to fasten the seatbelts, flight attendants shall control the fastened position and tension of the seatbelts of each passenger. Children up to two years old, who are transported without a separate seat, are placed on the knees of an adult passenger who should hold them firmly with hands.
- For each flight, flight attendants must:
- inform passengers in a timely and correct manner on places of location of emergency equipment and rules of its use;
- familiarize passengers with the safety instructions;
- carefully inspect all passenger spaces of the aircraft in order to identify foreign things;
- during the reception and placement of passengers in the aircraft, carefully adhere to the requirements of plane balance, prevent the placement of bulky things on the baggage racks and the placement of any things in the passageways, at the front door and the emergency exits;
- during the flight in a turbulence zone, require passengers to seat in armchairs with safety belts fastened;
- in extreme situations, preserve self-control, confidence in their actions and in themselves; actions of the flight attendants should be clear, the voice to be calm, the words to be convincing;
- prior to boarding the passengers to and deplanement from the aircraft, check the correct installation of the ladder;
- prior to take-off and landing of the aircraft, check the correct installation and the reliability of fastening of the equipment and inventory;
- prevent passengers from walking through the passenger cabin during the height gain and descent of the aircraft.
- Cribs for infants should be set no earlier than 10-15 minutes after take-off and should be removed no later than 20 minutes prior to the landing of the aircraft (if provided by the design of the aircraft).
- The Air Carrier shall ensure safety in the cabin, proper and secure placement of hand baggage, baggage, removable equipment, soft inventory and service facilities.
TRANSPORTATION OF CERTAIN PASSENGERS CATEGORIES
Transportation of physically challenged persons
- A passenger is obliged independently to determine the possibility to use air transport, taking into account his/her health condition, before travelling. The Air Carrier shall provide important flight information in acceptable formats.
- The Air Carrier is not responsible for the deterioration of the passenger health or other consequences that may occur with the passenger during boarding, flight, or after completion of air and land transportation within the airport due to the passenger's age, mental or physical condition.
- A passenger whose physical condition causes the Air Carrier disquiet (seriously ill, sick with stretchers, etc.), is allowed to air transportation in the case of presentation of the relevant certificate of health care institution that he/she is not contraindicated in transportation by air, and in some cases also that his/her disease does not threaten others.
- Transportation of seriously ill and sick with stretchers shall be carried out only with the assistance of a person who will provide care for the sick person during the flight. Transportation of stretcher persons shall be carried out with the provision of them seat(s) in the aircraft with payment under the Tariff set by the Air Carrier.
- In cases when a sick person cannot be transferred from the stretcher to the chair, the possibility of his/her transportation shall be determined in advance by agreement between the Air Carrier and the person accompanying the sick.
- The Air Carrier has the right to refuse transportation of a stretcher person in the absence of conditions in the aircraft that are required for the transportation of such a sick person.
- A request for assistance during transportation of sick person should be sent to the Air Carrier:
- for a sick person carried on a stretcher - no later than 72 hours prior to the flight departure. The Air Carrier shall respond no later than in 36 hours;
- for other physically challenged persons - no later than 48 hours prior to the flight departure. The Air Carrier shall respond no later than in 24 hours and shall notify the sales agent who made the booking and requested the relevant service as well as the airports of departure, destination and transit. If an event that resulted in loss of mobility occurred less than 24 hours prior to the departure, the question of the possibility of transportation shall be resolved promptly by telephone numbers posted on the airline's website www.skyup.aero.
- The blind and deaf passengers accompanied by a guide dog shall be placed to the seats where there is plenty of space for the dog, not far from the emergency exit. Guide dog shall be transported free of charge.
- Physically challenged persons shall be located near the emergency exit and in such a way as not to hinder the rapid evacuation of passengers from the aircraft. The Air Carrier shall provide assistance to such passengers in moving to the toilet, if necessary.
- The management of airports should take measures to ensure that the physically challenged persons were able to:
- report on their arrival to the airport and apply for assistance at specified points within and outside the terminal of the airport;
- move from the specified point to the check-in desk;
- take and register baggage;
- move from the check-in desk to the aircraft with the passage of emigration, customs and other procedures;
- board to the aircraft using elevators, wheelchairs or other necessary support;
- move from the aircraft's door to his/her seat;
- store and get baggage in the aircraft cabin;
- move from his/her seat to the aircraft's door;
- deplane using elevators, wheelchairs or other necessary support;
- move from the aircraft to baggage room and get baggage with the passage of immigration and customs procedures;
- move from the baggage room to a specific checkpoint;
- move to a connecting flight in case of transfer with assistance in the air and on the ground, as well as, if necessary, within and between airport terminals;
- move, if necessary, to the toilet;
- receive the information required for the realization of flights in acceptable formats;
- make a temporary replacement on a similar basis of damaged or lost mobile equipment.
- If the accompanying person assists a physically challenged person, then such person, upon his/her request, should be allowed to provide the necessary assistance at the airport and during boarding and deplanement. The Air Carrier shall provide (if possible) the seat to such a person near the physically challenged person.
- The Air Carrier shall ensure transportation of up to two units of mobile equipment per physically challenged person, including electric wheelchairs (subject to advance warning in 48 hours and taking into account possible limitations of space on board of the aircraft and in accordance with the legislation on dangerous cargoes).
Transportation of children and pregnant women
- Infants (INF) under 2 years of age and children (CHD) aged 2 to 12 years are considered to be children in air transport.
- Children under the age of 2 years shall be transported without a separate seat, and those from 2 to 12 years old - with a separate seat.
- Children may be transported either with accompanying or unaccompanied by an adult passenger, subject to the requirements specified in paragraphs 9.2.4 to 9.2.8.
- The category "unaccompanied child" shall mean children aged 2 to 14 years old to be registered for domestic transportation and children aged 2 to 16 years old when travelling internationally.
- The Air Carrier independently determines from which age the children are accepted for carriage without an adult passenger.
- Unaccompanied children are accepted for carriage after the parents or guardians fill in the relevant properly completed documents and pay for the service set up by the Air Carrier.
- The child's age is defined as of the date of commencement of transportation from the departure airport specified in the transport document.
- Every adult passenger has the right to carry with him only one infant without a separate seat. At the same time, one adult passenger is allowed to carry with him no more than two infants - one without a separate seat, and the second one in a separate seat, paying for such transportation at Tariffs set by the Air Carrier for the transportation of children from 2 to 12 years old. An infant who has been paid a separate seat must be carried in a car child restraining device certified for use in air transport. In the absence of such a car child restraining device at the passenger and failure to comply with the specified conditions, the Air Carrier has the right to refuse the carriage of the infant in a separate seat.
- A doctors certificate is required after 28 weeks, which must include the following information: pregnancy term, is it a singleton or a multiple pregnancy; a confirmation that the pregnancy proceeds without complications; a confirmation from a gynecologist that pregnancy is not an obstacle for traveling by air. The medical certificate must be issued at most 7 days before the date of the beginning of the air carriage from the airport indicated on the ticket.
- Passengers with children under 2 years of age are provided with an additional oxygen mask.
- It is not recommended to carry babies and newborn babies in the first 7 days after childbirth. The Air Carrier may prohibit the carriage of this category of passengers.
Transportation of deported and not allowed in the country passengers
- The Air Carrier is not responsible for the refusal of the state authorities to provide the passenger with permission to enter the country.
- The passenger should, upon request of the Air Carrier or the public authorities, return to the departure point or another place in relation with the refusal of the country of destination to accept such the passenger, regardless of whether this country is the destination or transit point, as well as to pay the corresponding cost of transportation in the opposite direction.
- The Air Carrier may use for the payment of such transportation any funds from the passenger previously paid to it for the unperformed transportation remaining at its disposal or from any other funds of the passenger at the disposal of the Air Carrier.
- The cost of ticket for the transportation of deported persons shall be paid by the authorities of the country that has taken decision to deport such persons to the country where the deportation takes place.
- The Air Carrier should be provided with all information regarding the presence on the flight of potentially dangerous passengers who make compulsory flight before the beginning of the carriage. In the case of carriage of persons in custody, it is necessary to make appropriate records in the flight documents.
- The Air Carrier has the right to refuse transportation of the deported persons in accordance with paragraph 11.B of these Rules if there are no documents necessary for transportation or there are reasons to believe that deported persons may threaten the safety of life and health of other passengers or harm the flight safety.
- It is prohibited to refuse transportation of potentially dangerous passengers due to the reasons of replacement or change of configuration of the aircraft, etc.
- Deported persons shall be transported only in the Economy class cabin of the aircraft. In case of resale of tickets it is prohibited to increase the class of service for this category of passengers.
- Delivery and boarding to the aircraft of these categories of passengers shall be carried out before the general boarding of passengers, deplanement from the board is carried out in the last turn after the departure of other passengers of the flight.
- It is prohibited to serve these categories of passengers with alcoholic drinks and to provide them with metal cutlery and hot meals.
- The seats for these categories of passengers are provided only at the aft body of the passenger cabin of the aircraft. Where possible, potentially dangerous passengers should be separated from other passengers by one or more rows of free seats.
- Potentially dangerous passengers are not accepted for carriage in accordance with the decision of the Air Carrier.
- Deported persons are accepted by the Air Carrier only for direct air transportation, subject to:
- the relevant state authority, that carries out the deportation, informed and provided sufficient information to the Carrier for the deportees at least 24 hours prior to the flight (flight number, number of deportees, reasons for deportation, presence among the deportees of those who were prosecuted, presence of infectious and psychiatric patients, and the list of officials accompanying these deportees);
- there are all necessary documents for accepting such persons.
- Deported persons are accepted for transfer air transportation, subject to:
- booking of the carriage is confirmed for all sections of the transfer route;
- the transfer is not related to the transition/transfer of deportees to another terminal or airport;
- the transfer is not related to the overnight stay at the transfer point, the minimum time of interlining cannot be less than expected for this airport, and should take additional time to transport and accommodate such persons at the point of transfer for another flight.
- it is prohibited to separate deported families during transportation. In the case of transportation of large deported families, it is permissible to exceed the maximum number of civilian deportees per flight.
- Persons in custody are accepted for carriage in a number not more than one person per flight and accompanied by not less than two convoy (authorized persons of the corresponding state body).
REGISTRATION OF PASSENGERS AND BAGGAGE
- For carriage of passengers and baggage, the Air Carrier or service agent in accordance with the transportation contract provides for the registration of passengers and baggage using automated dispatch control systems (DCS).
- A passenger is permitted to carriage in the presence of a ticket, issued in an appropriate manner, and a document certifying the identity of the passenger.
- Registration of passengers and baggage for flights at the airport ends no earlier than 40 minutes prior to the scheduled time of the flight departure. The time of completion of registration on the Air Carrier's website (www.skyup.aero) is defined taking into account the time required for the delivery (arrival) of passengers and baggage to the airport of departure for boarding (loading) on the aircraft and the passage of administrative formalities and requirements necessary before the flight, customs, sanitary and quarantine, veterinary, phytosanitary and other types of control in accordance with the legislation of Ukraine.
- In order to comply with the formalities related to the departure procedure, the passenger should arrive at the check-in point with the Air Carrier and the entry point with the necessary documents for travel not later than at the time defined by the Air Carrier (its sales agent), see para. 8.4.4. If the passenger arrives at the check-in place and check-in point upon termination of registration or will appear without the necessary travel documents, the Air Carrier may cancel the booking and is not obliged to delay the flight.
- Registration of passengers and baggage is carried out on the basis of a ticket and identity document of the passenger, namely:
- for citizens of Ukraine - passport of a citizen of Ukraine (for travelling abroad and return to Ukraine - passport of a citizen of Ukraine for travelling abroad); travel document of a child; diplomatic passport of Ukraine, official passport of Ukraine, a seaman's identity card, a certificate of a crew member;
- for a foreigner and stateless person staying in Ukraine - a passport document of a foreigner, a residence permit, a temporary residence permit.
- The Air Carrier is required to check the documents and, in the absence of properly issued visas for entry (transit) or documents required for travel, to prevent the person from flying. In this case, the flight refusal will be considered voluntary.
- During the registration a boarding pass is given to the passenger stating his/her surname and name, IATA code or ICAO code of the Air Carrier, the flight number, the date and time of departure, the time of boarding into the aircraft, the number of boarding terminal and the number of the seat ( if available) on board of the aircraft.
- The time of boarding in the aircraft depends on the circumstances of the flight departure and is established by the Air Carrier (see para. 8.1.5), and the passengers shall be informed thereof directly at the departure airport. Regardless of the means of ensuring the boarding of passengers to the aircraft (transportation by bus, telescopic ladder or sleeper, etc.) and the location of the aircraft's stay, the time of the end of boarding passengers on the aircraft may not end earlier than 10 minutes prior to the flight departure time. In the event of a passenger's delay in boarding to the aircraft, the Air Carrier has the right not to accept such the passenger for transportation and is not obliged to delay the flight.
In the event of a passenger's delay or non-arrival to the aircraft, it is considered that the passenger refuses to fly, except in cases where this is due to the fault of the Air Carrier or the subject of ground handling.
- When registering passengers and baggage, the passenger is obliged to present for the weighing all the baggage that is intended for carriage, except for the items specified in paragraph 12.2.3 of these Rules.
- The Air Carrier or service agent shall specify in the baggage receipt of the ticket the quantity and weight of the baggage accepted for carriage and issue to the registered baggage the detachable talon of the identification baggage tag. If there is an electronic ticket of the passenger, data on the quantity and weight of the baggage shall be specified in electronic form.
- In order to specify the special conditions for the carriage of registered baggage, in addition to the identification baggage tag, a special warning baggage tag without a number shall be attached. Special tag without a number shall be attached to the items, that during the flight will stay with the passenger in the cabin of the aircraft and are allowed for carriage in accordance with section 12 of these Rules.
- After checking in and registering the baggage, the Air Carrier is responsible for the integrity of the registered baggage.
- A fee shall be charged for the carriage of baggage, that exceeds the rate of free carriage set by the Air Carrier, in accordance with the Tariff application rules of the Air Carrier established by the Air Carrier. Payment for the carriage of such baggage is issued by a receipt for payment of excess baggage or a warrant of various fees.
REFUSAL TO CARRY PASSENGER AND BAGGAGE IN ORDER TO ENSURE FLIGHT SAFETY
- The Air Carrier has the right to refuse carriage at any stage of carriage, cancel the booking or remove a passenger from the aircraft if such action is necessary:
- in relation to the need to comply with the current laws of the country of departure, arrival or transit;
- upon request of the relevant public authorities of Ukraine.
- In order to ensure the flight safety, the Air Carrier has the right to refuse carriage at any stage of carriage, cancel the booking or remove a passenger from the aircraft, based on its own reasonable decisions, if:
- the mental or physical condition of a person gives reason to believe that the passenger needs special assistance from the Air Carrier that has not been ordered or that the Air Carrier cannot provide in certain circumstances, that will cause discomfort to other passengers, will lead to any risk to themselves or other passengers or property of the passengers and the Air Carrier;
- the passenger has not complied with the Air Carrier's instructions regarding the flight safety, the quality and comfort of passenger transportation, creates inconveniences for the carriage of other passengers, due to that the Air Carrier cannot fulfil its obligations to passengers on board of the aircraft;
- the passenger behaves in such a way as to raise doubts about the flight safety during the transportation, in particular demonstrating aggressive behaviour with the use of threats against other passengers, the Air Carrier`s employees and the aircraft crew;
- the passenger refuses to undergo a check carried out by the security personnel of the Air Carrier, airport or relevant public authorities;
- the passenger may pose a danger or already poses a danger to other passengers (baggage, cargo) or the aircraft;
- the passenger has not paid the appropriate Tariff or fees that are payable;
- the passenger has not presented for inspection necessary documents for travel;
- the passenger tries to enter the country without a valid entry document;
- the passenger during the flight damaged the ticket, other documents certifying the identity;
- the passenger has already committed one of the above actions or violations and there are indications that such behaviour may be repeated;
- a ticket presented by the passenger is not valid for carriage (in this case, the Air Carrier has the right to withdraw this ticket, declare it invalid and refuse to return its value); it is purchased from a person other than the Air Carrier or its agent (in this case, the Air Carrier has the right to withdraw this ticket, declare it invalid and refuse to return its value); it was declared lost, stolen, invalid, forged (in this case, the Air Carrier has the right to withdraw this ticket, declare it invalid and refuse to return its value); the passenger has a flight coupon, corrected by anyone other than the Air Carrier (its sales agent) or damaged (in this case, the Air Carrier has the right to withdraw this ticket, declare it invalid and issue a duplicate ticket); has the first unused flight coupon, and the passenger begins his/her journey in any other place of the stop in the route of carriage with the Tariff not regulated in accordance with the Air Carrier's tariff rates (the Air Carrier has the right to withdraw this ticket, declare it invalid and refund its value in accordance with paragraph 19.2.3 of these Rules);
- the person who presented the ticket cannot identify himself/herself as the person specified in the ticket (the Air Carrier has the right to withdraw this ticket, declare it invalid and refuse to return its value);
- the passenger is in a state of alcoholic or narcotic intoxication.
In all cases of ticket withdrawal, the Air Carrier shall draw up corresponding certificate, the original of that is given to the passenger, and the copy remains with the Air Carrier.
- In the event that the passenger was refused from transportation or further transportation for the reasons specified in paragraph B of this section, the Air Carrier has the right to inform the passenger in writing that it may not carry this passenger by its flights at any time after the date of such notification.
- The passenger who was refused from transportation or further transportation for the reasons specified in paragraph 1 of this section shall have the right to compulsory return of the funds paid by him/her, in accordance with paragraphs 19.2.1 and 19.2.2 of these Rules.
- The passenger who was refused from transportation or further transportation for the reasons specified in paragraph B of this section shall have the right to voluntary return of the funds paid by him/her, in accordance with paragraph 19.2.3 of these Rules.
- In the case of an unreasonable delay of the passenger due to the passage of control in order to ensure the civil aviation safety, the Air Carrier shall ensure his/her departure by the next flight. If the passenger refuses to fly due to delay in the procedure of such control, the Air Carrier is obliged, upon request of the passenger, to fully refund the ticket price or unused portion thereof.
- Passenger’s baggage shall be accepted for carriage while checking-in at the departure airport, transfer airport, stop airport or at another check-in point.
- Passenger belongings, depending on their size, weight and features, can be transported as checked-in baggage or non-checked-in baggage (hand baggage).
- Baggage weighing no more than 23 kg can be carried as checked-in baggage. The total of three dimensions of a separate piece of baggage (length, width, height) shall not exceed 158 cm (for Ski Equipment within baggage allowance - 300 cm). Upon prior agreement with the air carrier, baggage of larger dimensions and weight may be accepted for carriage. Baggage that does not meet the specified requirements shall be checked-in by the passenger for carriage as a cargo.
- In accordance with the rules of free baggage carriage or the provisions of a temporary nature established by the air carrier, the Passenger shall have the right to carry a certain amount of baggage without additional charge. Depending on the transportation route and the service class, this amount shall be determined by the weight characteristics of the baggage (concept of weight) or a combination of weight characteristics, size and number of pieces (concept of pieces). Information on the maximum amount of baggage carried without an additional charge is indicated in the ticket.
- The air carrier shall take the necessary measures for the carriage of checked-in baggage on the same aircraft as the passenger is being carried, and in particular if the current legislation requires a passenger to be present during the customs procedures concerning the baggage. In case of carriage of checked-in baggage on another aircraft, the air carrier shall take measures to deliver the baggage to the passenger at his destination as soon as possible or shall, in agreement with the passenger, compensate for the transportation costs incurred by the passenger in obtaining such baggage, in accordance with the rules of the air carrier.
- Baggage can be, at the carrier’s option, checked-in in accordance with the baggage weight concept or baggage piece concept, i.e. a combination of the characteristics of weight, size, number of pieces, provided the air carrier’s (his agent’s) notice to passengers when selling carriage.
- Upon the carrier’s acceptance of the baggage for carriage, this baggage passes under the responsibility of the air carrier, which is confirmed by a detachable baggage identification tag and a baggage receipt issued to the passenger indicating the number and weight of pieces accepted for carriage.
From the time the baggage is transferred under the responsibility of the air carrier until it is dispensed, the passenger’s access to checked-in baggage shall be prohibited, except for cases of its identification or additional inspection by the relevant authorized services.
Free Baggage Allowance
- A passenger shall have the right to carry his baggage without additional charge within the limits established by the air carrier (as indicated in the ticket).
- The allowance of free checked-in baggage carriage shall be set by the air carrier depending on the type of aircraft, class of service and flight area and cannot be less than:
- according to the piece concept - 1 baggage piece weighing not more than 23 kg (50 lb) with the piece size (total of length, width and height) 158 cm (62 inches);
- according to the weight concept - 20 kg with the size of each piece with the total of three dimensions not exceeding 158 cm. A child aged under 2 shall have the right to carry free one piece of baggage weighing up to 10 kg (22 lb) with the total of three dimensions not exceeding 115 cm (45 inches) in accordance with the piece and weight concept. For older children, the same rules as for adults shall apply.
- The passenger shall have the right to carry free of charge over free baggage allowance items that he holds with himself and does not put into baggage, in particular, ladies’ and men's bags, holder for paper, a coat or a raincoat, a jacket, an umbrella or a stick, printed editions for reading during the flight, baby food needed during the flight, baby travel cradle (in the presence of a baby aged under 1), a children's pram, a wheelchair and/or crutches. The total weight of items, with the exception of a wheelchair, shall not exceed 7 kg.
- The air carrier shall have the right to temporarily expand the list and total weight of items carried free of charge above the free baggage allowance.
- Free baggage allowance shall not apply to:
- belongings of passengers regardless of their name with their dimensions not corresponding to the dimensions given in paragraph 12.2.2;
- belongings of passengers not placed in suitcases, bags, cases, regardless of their name and intended use weighing more than 23 kg each;
- TVs, tape recorders, radio receivers weighing more than 10 kg each;
- flowers, plant seedlings, food greens, dried plants, branches of trees and bushes with a total weight exceeding 7 kg;
- correspondence which is accompanied by couriers;
- animals (domestic or wild), birds, bees and other living creatures, with the exception of a guide dog accompanying the blind.
- The air carrier shall have the right to expand the list of items not covered by free baggage allowance.
Declared Value of Baggage
- The passenger shall have the right to declare the value of his checked-in baggage.
- The value of checked-in baggage shall be stated for each baggage piece separately. In case of declaration of the value of baggage, the passenger shall pay the tariff set by the air carrier in accordance with the Rules of Application of Tariffs of the Air Carrier.
- To confirm the payment of carriage of the baggage with declared value, the air carrier or authorized sales agent shall issue a warrant of various fees or a receipt confirming the payment of excess baggage, which indicates the points between which the passenger stated the carriage with declared value.
- In case of loss of such baggage, the air carrier’s liability shall be limited to its declared value, except when the air carrier proves that the amount required by the passenger exceeds the actual interest of the passenger in the delivery of the baggage.
Group Baggage Carriage
- Passengers travelling in a group, if they wish so, shall have the right, and the carrier shall apply the total of free baggage allowance to these passengers. The group free baggage allowance shall apply also to single-family passengers.
- The combination shall concern only free baggage allowance. The baggage shall be registered for each passenger separately. The combination of baggage pieces of a group of passengers shall apply only to the combined free baggage allowance for each passenger.
Group baggage may be registered for one person authorized by all passengers, which is a member of the group of these passengers. In this case, the transport documents of each passenger shall indicate the number of pieces and the weight of his baggage.
Baggage Packing Requirements
- Each baggage piece shall have an intact packaging to ensure its safety during transportation and handling and to prevent damage to passengers, crew members, third parties, aircraft, baggage of other passengers or other property, and also prevent free/occasional access of third parties to baggage contents. Baggage which does not meet the requirements of this clause shall not be accepted for carriage. The air carrier shall determine whether baggage packaging is intact and proper.
- Baggage that has external damage not affecting its integrity during transportation and handling and cannot cause damage to passengers, crew members, third parties, aircraft, baggage of other passengers or other property may be accepted for carriage as checked-in baggage with the air carrier’s consent. In this case, the damage to the baggage and the kind of a damage shall be indicated in the baggage receipt (tag) by the air carrier or its handling agent, which fact shall be confirmed by the passenger himself.
- The air carrier shall have the right to require the passenger to further pack his baggage.
Limitations on Acceptance of Items for Carriage as Baggage
- Items that shall not be included in the baggage:
- goods, items, liquid substances and other substances that are capable of posing a significant risk to the health of passengers, flight safety or property of the air carrier or other passengers during transportation, in particular explosive, compressed gases, corrosive materials, oxidants, radioactive materials, magnets, flammable materials, poisonous, harmful or irritant substances, as well as any other items and substances as determined in the Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO, Doc 9284-AN/905) as prohibited for transportation on passenger aircrafts;
- fragile items and items that break easily or perishable stuffs, money, keys, jewellery, electronic equipment, photo and video equipment, precious metal and silverware,
- technical documents, business documents, securities, valuables, medicines, medical documents, identity documents;
- goods and items the carriage of which is prohibited by applicable laws of any country from the territory of which or through the territory of which the flight will be operated;
- goods that are not fit for carriage in terms of their nature, weight, size, shape or smell;
- live animals and birds, except as provided for in Chapter 13.2 of these Rules.
- Items that can be accepted for carriage as checked-in baggage or as a cargo with the prior consent of the air carrier: firearms, ammunition and weapons, including antique firearms and cold arms, cutting and pricking items.
Such items shall be inspected by authorized competent persons, properly packed and carried with the execution of the relevant documents certifying the right to their export/import and transit to the country of destination. Ensuring the proper performance of the specified procedure shall rest with the passenger. Items and substances prohibited for carriage by passengers and crew members of civil aviation aircrafts shall be determined by the Aviation Regulations of Ukraine.
- A passenger shall have the right to include in his checked-in baggage his household items, alcoholic beverages, non-radioactive medical items, toiletries and basic necessities, including containers with medical aerosols, other items and substances authorized for carriage in limited quantities in accordance with the Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO, Doc 9284-AN/905) and in the quantity authorized by the relevant regulatory authorities.
Right to Refuse to Accept Baggage
- The air carrier shall have the right to refuse to accept baggage as checked-in if it is not properly packed in suitcases with locks or other appropriate containers that ensure the safe transportation of baggage and its handling using conventional cargo handling equipment.
- The air carrier shall have the right to refuse carriage and further carriage as baggage of items specified in clauses 12.6.1 and 12.6.2 after it has concluded, on the basis of relevant documents, that such items contain any unauthorized materials or items. The air carrier shall not be responsible for the goods or items that it refused to accept for carriage as baggage.
- The air carrier may, by the passenger’s request, carry the items specified in clauses 12.6.1 and 12.6.2 as unaccompanied baggage (cargo), taking into account the requirements of Chapter 12.11.
- The checked-in baggage of a passenger who has not presented himself for boarding shall be subject to mandatory unloading from the aircraft.
Right to Inspect
- In order to ensure flight safety and tracking of the items specified in clauses 12.6.1 and 12.6.2, the air carrier shall have the right to require the passenger to pass control of the safety carried out by the aviation security services of the air carrier or the airport and provide the baggage for inspection, and shall also have the right to inspect or arrange an inspection of a baggage in the absence of the passenger. If the passenger fails to comply with such a requirement, the air carrier may refuse to carry the passenger (baggage).
- The air carrier shall not be liable for the damage caused to the passenger or his baggage in case of detection during X-ray or other scanning of items prohibited for carriage, with the exception of cases of carrier negligence.
- Excess baggage, oversized baggage and baggage weighing more than 23 kg (one piece) shall be accepted for carriage only with the consent of the air carrier and provided the availability of the container aboard the aircraft free for carriage, as well as provided payment of the carriage of such baggage by the passenger, except when carriage of such a baggage has already been pre-agreed with the air carrier and paid.
- Carriage of baggage over the maximum free baggage allowance established by the air carrier shall be paid by the passenger. Information on such a payment shall be provided to the passenger by the air carrier (its sales agent and/or handling agent) during check-in (booking).
Payment for Carriage of Baggage over Free Baggage Allowance
- Baggage carriage in excess of the free baggage allowance shall be paid by the passenger at the tariff set by the air carrier for the payment of excess baggage, effective on the day of issue of the warrant of various fees or the receipt of excess baggage payment and the date of departure according to the ticket. Such payment may be made with the prior consent of the air carrier - at the time of issuing a ticket or at the airport prior to check-in.
- If, at the place of departure, the passenger provides baggage for carriage in a smaller quantity than that which was prepaid, the difference in the payment between the paid and the actual weight of the baggage shall be returned to the passenger.
If, at the place of departure, the passenger provides baggage for carriage in a smaller quantity than that which was prepaid, the difference between the paid amount and the cost of the actual weight of the baggage shall be returned to the passenger.
- In case of transshipment or in the absence of a free tonnage, the air carrier, having notified the passenger, shall have the right to send the baggage on its next flight or flight of another carrier. The air carrier shall independently determine the baggage that will be carried on the next flight.
- The air carrier shall have the right to refuse to carry baggage due to the passenger’s failure to pay the tariffs and fees set by the air carrier.
- Upon the passenger’s request and with the air carrier’s consent the baggage may be checked-in as unaccompanied baggage.
- Unaccompanied baggage shall be accepted for carriage between the same points between which the passenger travels, according to the ticket and only after the customs clearance of the baggage by the passenger himself.
- Unaccompanied baggage shall be recorded in an air waybill, shall be carried in accordance with the rules of air transportation of cargoes approved by the air carrier, and shall be paid in accordance with the tariffs for the carriage of goods established by the air carrier.
- Items with the weight and dimensions established by the air carrier shall be accepted as hand baggage - the weight shall not exceed 7 kg, the maximum dimensions of hand baggage shall be 55x40x20 cm and that allow to safely place them in the cabin of the aircraft on baggage racks or under the seat. The placement of hand baggage and the items permitted for carriage in all passages of the cabin of an aircraft is prohibited.
- Items that do not meet the established carrier's requirements for the size and weight of hand baggage or which are not allowed for carriage in the passenger cabin of an aircraft will be considered and handled as checked-in baggage.
- Hand baggage shall not contain cutting and pricking items: knives, scissors, needles, knitting needles and other sharp and cutting items. It is also prohibited to carry any liquids, suspensions, creams, pastes in a capacity of more than 100 ml (grams) into one vial (tube) to the aircraft in hand baggage. The total volume of these substances in hand baggage, packed in containers of up to 100 ml (grams), shall not exceed 1 l (kg) per passenger. Items and substances prohibited for carriage in a passenger cabin but permitted for carriage in baggage shall be determined by the Aviation Regulations of Ukraine.
- Passengers shall be responsible for hand baggage throughout the route.
CARRIAGE OF SOME CATEGORIES OF BAGGAGE
Baggage Carriage in the Cabin of the Aircraft
- With the air carrier’s consent, the passenger’s baggage (items) requiring special precautions during transportation or special handling conditions (fragile items and items that break easily or perishable stuffs, film cameras, television, radio-, video equipment, hardware samples, musical instruments, electronic and optical devices, etc.) may be carried in the cabin of the aircraft.
- Items that a passenger considers unsuitable for carriage in the cargo compartment of an aircraft shall be accepted for carriage in the passenger cabin only with the prior consent of the air carrier. Carriage of such items shall be paid by the passenger in accordance with the tariffs of the air carrier and depending on the number of passenger seats necessary for its carriage.
- The weight of one non-standard piece of baggage carried in the cabin of an aircraft shall not exceed 80 kg, and its dimensions shall allow the baggage to be placed on a separate passenger's seat(s). Packing of baggage carried in the cabin of the aircraft shall ensure its proper attachment on the passenger seat (chairs) and comply with sanitary standards.
- Delivery of baggage to the aircraft to be carried in the cabin of the aircraft, its loading, placing in the cabin of the aircraft, unloading and transportation within the airport terminals shall be carried out by the passenger or by the relevant airport services on his pre-order and payment of these operations.
Carriage of Animals (Birds)
- Carriage of dogs, cats, poultry and other pets shall be subject to obtaining a permit from the air carrier at the booking stage prior to the start of the carriage. Animals shall be properly placed in containers/cages and shall have valid vaccination certificates and health certificates, import permits to the destination or transit country. Animals shall be clean, tidy and have no bad smell. The air carrier shall have the right to determine the way of carriage and limit the number of animals allowed to carriage on one flight.
- Carriage of animals accepted as checked-in baggage with the container and food shall be paid as an additional service for which the passenger shall pay the appropriate tariff in accordance with the Rules of Application of Tariffs of the Air Carrier set by the air carrier.
- Guard dogs (guide dogs) that help government workers, rescue teams or blind/deaf passengers and accompany such passengers shall be carried free of charge with containers and food.
- The following animals are allowed for carriage in the passenger cabin of an aircraft:
- guard dogs accompanied by a cynologist; guide dogs for blind and deaf passengers, provided that the animals have a collar and muzzle. Guard dogs, guide dogs shall be at the passenger’s/cynologist's feet;
- small animals, the mass of which together with means of carriage does not exceed 7 kg.
Cages of birds shall be covered with dense light-proof material. On charter flights, it is allowed to carry no more than 2 containers with live pets per each passenger cabin of the aircraft.
The size of the container for carriage of live pets in the passenger cabin of the aircraft shall not exceed 115 cm in terms of the total of three dimensions.
The container with live animals during air transportation shall be placed under the seat. A container with a live animal cannot be places on the baggage racks or on a separate passenger seat.
- Animals the mass of which with the means of carriage exceeds 7 kg shall be carried only in the baggage and cargo compartments of the aircraft (except for guide dogs).
- In case of carrying animal, the passenger shall be responsible for such an animal, and shall also provide the necessary documents stipulated by the current legislation. The air carrier shall not be responsible for the injury, loss, delay, disease or death of such animals in the event of refusal to admit them in the country of destination or transit, if such damage was not caused due to negligence of the air carrier.
- In case of the passenger’s failure to comply with the conditions of clauses 13.2.1-13.2.6, the air carrier shall have the right at the time of check-in of the passenger to make a final decision regarding the carriage or refusal to carry animals (birds) at its own discretion.
- Regular flights are operated in accordance with the flight schedule made by the air carrier, published in the ABS (Automated Booking System)/GDS (Global Distribution System) and posted on the airline’s website www.skyup.aero. Optionally, the air carrier may issue an advertising schedule for informing the population.
The air carrier, when publishing data in the ABS/GDS, shall ensure that the information posted or provided for placement in other automated systems is accurate, reliable and comprehensive.
- The air carrier shall not be responsible for errors and omissions in flight schedules or other published timetables of flights of other carriers.
- Ground handling agents and/or airport operators shall have the right to issue a combined timetable for all airlines operating from/to the airport.
- The departure time of the flight and the type of aircraft indicated in the flight schedule or other published timetables of the air carrier’s flights, except for the departure time indicated in the ticket, shall not be guaranteed and shall not be a mandatory condition of the contract of carriage.
The air carrier shall have the right to change the departure time of the flight with the necessary notice to the passenger in a timely manner.
- The air carrier shall have the right to change the type of aircraft without notifying the passenger.
- The air carrier or ground handling personnel (airport operators), to the extent this Chapter is concerned, shall provide passengers at the airport with visual and/or acoustic information (provided technical capacity) concerning:
- the time of departure and landing of the aircraft;
- place, time of start and end of check-in for the flight;
- place, time of start and end of the aircraft boarding;
- delay or cancellation of the flight and reasons for the delay (cancellation) of the flight.
CANCELLATION AND DELAY OF FLIGHTS
- The air carrier may delay or cancel the flight for both commercial reasons and for reasons beyond its control.
- The air carrier shall take all necessary measures to avoid delays in the carriage of passengers and baggage.
- In the event of an emergency, the air carrier shall have the right, without notice to the passenger, to cancel or delay the flight or cancel the previously confirmed booking. In other cases, the air carrier or its sales agent shall notify the passenger of delay or cancellation of the flight not later than three hours before the check-in.
- In case of a flight delay, the air carrier shall independently or through the ground handling agent (airport operator) inform the passengers, via available means, at the departure airport every 30 minutes about the estimated time of the flight delay and the expected departure time.
- In case of delay beyond the reasonable time or cancellation of the flight, the air carrier shall notify the authorized civil aviation agency of the reasons for the flight delay (cancellation) and the service that was provided to passengers during such a flight delay or cancellation no later than 12 hours after the departure of the delayed flight or the decision to cancel the flight.
RIGHTS OF PASSENGERS IN THE EVENT OF CARRIAGE REFUSAL, CANCELLATION OR DELAY OF FLIGHTS
Procedure for Application of Refund
- The provisions of this Chapter shall apply to passengers (of regular and charter flights) refused to be carried against their will or whose flight was cancelled or delayed, provided that the passenger has a confirmed booking for the relevant flight and is present for check-in in time stipulated by these Rules and indicated in writing (including electronic means), or, if the registration time is not specified, no later than 45 minutes prior to the specified departure time, or booked a flight that was cancelled/delayed by the air carrier; or an airline charterer (tour operator) for another flight, regardless of the reasons.
- The provisions of this Chapter shall not apply to passengers travelling free of charge or at a reduced cost, which is not directly or indirectly available to other passengers, but these provisions shall apply to passengers who have been issued tickets under the frequent flyer program of the air carrier (loyalty program), if available.
- In the event that the air carrier pays compensation or renders the services provided for in this Chapter, nothing in these Rules may be construed as limiting its right to claim compensation in recourse from any person, including third parties, in particular, under claims for reimbursement by a travel operator or other person with whom the air carrier has entered into a contract. Accordingly, no provision of these Rules may be construed as limiting the rights of a tourist operator or a third party other than the passenger with which the air carrier has entered into an agreement to claim reimbursement or compensation from the air carrier in accordance with the law.
Compensation for Passengers in Case of Carriage Refusal
- If the air carrier reasonably expects for refusal of boarding to passengers, they first seek volunteers willing to refuse their confirmed booking in exchange for a remuneration agreed upon between the passenger who voluntarily refuses to board the flight and the air carrier.
- In addition to paying remuneration, the air carrier shall offer a passenger to choose from:
- refund of the cost of carriage within seven days to be paid in cash, electronic bank transfer, bank orders or bank checks or, if there is a written consent of the passenger in the form of travel checks and/or other services, the full cost of the ticket at the price at which it is purchased for an unused part of the ticket and for the used part or parts of the ticket if the flight no longer meets the passenger's needs, and also to provide, if necessary, a return flight to the departure point at first opportunity;
- or change of route, which shall be made under the appropriate transport conditions: to the final destination - at the first opportunity or to the final destination - at a later time at the passenger’s request and provided the availability of vacant seats.
- The passenger shall be carried from the airport where there was a carriage refusal to the airport from which the alternate route proposed by the air carrier commences, and from the airport of the alternative landing to the airport to which the passenger would have to arrive on the flight for which he was refused carriage at the air carrier’s expense.
- If there are no passengers who agree to voluntarily refuse to travel on this flight or their number is insufficient, the air carrier shall have the right to refuse carriage of the passenger against his will.
- If the passengers are refused carriage against their will, the air carrier shall pay compensation to them in the following amounts:
The basis for determining the distance shall be the last point in which a carriage refusal or non-operation of a flight that was previously scheduled and for which at least one seat was booked will create a delay of arrival of passengers at the scheduled time.
- EUR 250 - for flights up to 1500 kilometres;
- EUR 400 - for flights ranging from 1,500 to 3,500 kilometres;
- EUR 600 - for flights over 3,500 kilometres.
- The air carrier shall have the right to reduce the compensation amount specified in clause 5 of this Chapter by 50% if the passenger is offered to replace the route of carriage to his on destination alternative flights the arrival time of which does not exceed the scheduled arrival time by:
The distance indicated in this sub-clause shall be measured by the method of the great circle distance of the route.
- two hours - for flights up to 1500 kilometres;
- three hours - for flights ranging from 1,500 to 3,500 kilometres;
- four hours - for flights not specified in the second and third paragraphs of this clause.
- Payment of compensation shall not relieve the air carrier of the obligation to offer the passenger a choice of service and reimbursement of expenses specified in clause 16.2.2 and clause 16.3.5.
Compensation for Passengers in Case of Flight Cancellation
- If the flight is cancelled, the passengers shall be offered services in accordance with clause 16.2.2 and compensation in accordance with clauses 16.2.5 and 16.2.6. A passenger shall be entitled to compensation if he is not notified of cancellation:
- two weeks before the scheduled departure time;
- or within a period not more than two weeks and not less than seven days before the scheduled departure time and a change of route is proposed that will allow departure from the point of departure not later than two hours before the scheduled departure time and arrive at the final destination not later than than four hours after the scheduled arrival time;
- or less than seven days before the scheduled time of departure and a proposed change of route that will allow departure from the point of departure not later than one hour before the scheduled departure time and arrive at the final destination not later than than two hours after the scheduled arrival time.
- The air carrier shall, when cancelling or delaying the flight, give passengers, upon request, explanations as to the reasons for the cancellation or delay of the flight. In case of necessity to ensure the timely change of transfer passengers to connected flights, the air carrier shall, at the earliest opportunity, offer alternative carriage routes.
- The air carrier shall not pay compensation in accordance with clauses 16.2.5 and 16.2.6 if it can confirm that the reason for the cancellation was emergency or force majeure that could not be prevented even if all measures were taken.
- Informing the passenger about the rules and conditions of carriage, the procedure for reservation of seats on flights, tariffs, fees, the schedule and terms of the flight shall rest with the air carrier, its sales agent, tourist operator and other authorized organizations, etc. at the place of conclusion of the contract of air carriage.
- In case of cancellation of flight by the air carrier and continuation of the passenger's trip on another flight (flights) or by another route, the passengers shall be offered free of charge and provided:
- food and refreshments according to the waiting time for a new flight;
- hotel accommodation in cases where passengers are forced to wait for one or more nights or if additional departure waiting times for passengers are greater than expected;
- airport - hotel - airport land transfer;
- two phone calls, or telex, fax, or e-mail, if the airport’s technical capability allows.
- The air carrier shall pay special attention to the needs of passengers with disabilities and persons accompanying them, as well as the needs of unaccompanied children.
Compensation for Passengers in Case of Flight Delay
- The air carrier shall provide passengers with food and refreshments in accordance with the standards established by it and the opportunity to make two free calls or to send telex, fax or e-mail, if the technical capability allows, in case of flight delay for a period of:
If the operation of the delayed flight is postponed the next day following the day of its operation according to the scheduled time and indicated in the ticket, the air carrier shall provide the passengers with hotel rooms, meals and provide the airport-hotel-airport transfer.
- two hours or more over the scheduled departure time of the flight up to 1,500 kilometres;
- three hours or more over the scheduled departure time of the flight from 1,500 to 3,500 kilometres;
- four hours or more for all flights not referred to in paragraphs (a), (b) of this Chapter.
- If the flight delay exceeds five hours, the passengers shall be offered service in accordance with clause 16.2.2.
Compensation for Passengers for Changing the Class of Service
- The air carrier shall not charge any additional fee if it places a passenger in a class higher than the one indicated in his ticket.
- If the air carrier places a passenger in a class below the one indicated in his ticket, then he will refund the passenger within seven days:
- 30% of the applicable tariff for all flights up to 1,500 kilometres;
- 50 % of the applicable tariff for all flights from 1,500 to 3,500 kilometres;
- 75% of the applicable tariff for all other flights not specified in the second and third paragraphs of this clause.
- The compensation for placing a passenger in a class below the one indicated in his ticket is calculated for the segment in which the reduction in the class of service was made, using the split-rate method.
COMPENSATION FOR THE BAGGAGE CARRIAGE DELAY
- The compensation for the baggage carriage delay shall be determined on the basis of the necessity to provide the passenger with the basic necessities. In any case, such compensation shall be limited to $ 50 (or equivalent in another currency).
- The compensation shall be offered to a passenger in case of non-arrival of baggage at the destination together with the passenger, if the destination is not the place of permanent residence of a passenger.
AIR CARRIER’S OBLIGATIONS TO INFORM THE PASSENGERS ABOUT THEIR RIGHTS
- The air carrier shall during the check-in provide passengers with legible and clearly visible information of the following content: “If you are refused to be carried or your flight is cancelled or delayed for at least two hours, ask for a written information stating your rights, in particular regarding compensation and assistance at the check-in counter or the boarding gates.”
- The air carrier shall, when refusing to carry or cancelling a flight, provide each passenger concerned with the written notice which sets out the rules for providing compensation and assistance to the passengers. The air carrier shall provide the same notice to the passenger whose flight has been delayed for at least two hours. Contact information for sending inquiries regarding the violation of passenger rights for compensation or assistance shall be indicated in the notice.
- Appropriate alternative means of information shall be used at the departure/arrival airport to inform the deaf and those with a poor vision and other significant disabilities that make it difficult or impossible for them to familiarize themselves with visual or audio information.
General Refund Procedure
- Refund for an unused ticket (part thereof) shall be made at the place of purchase of the ticket or at the head office of the air carrier (the air carrier's sales office) and in the currency in which the ticket was paid.
The air carrier shall make a refund in the national currency of Ukraine. Refund at the air carrier's offices shall be made in accordance with the laws of the state of sojourn.
In case if the payment was made by electronic money transfer (by bank card), the refund shall be made to the payment card from which the payment for the ticket was made.
- The amount of money returned for an unused ticket (part thereof) depends on the used tariff and tariff rates of the air carrier and the type of carriage refusal (voluntary or forced).
- Refund shall be made on the basis of the unused (partially unused) transport document, the warrant of various fees, receipts for payment of excess baggage.
- Refund shall be made to:
Refund shall be made on condition of presentation of identity documents, and documents confirming the right to receive the amounts specified in clause 3 of this Chapter.
- the person specified in the ticket - in case of payment for carriage in cash or by bank transfer;
- the account of a legal entity - in case of payment by cashless settlement;
- the account of the owner of the credit card, which was used to pay for the carriage;
- the sponsor who paid for the carriage in case of a prepaid ticket advice (PTA).
- Refund shall be made on the day of cancellation of the contract of carriage (presentation of tickets to the cash desk at the place of their issue, receipt of information by the air carrier from the passenger on the desire to get refund for unused carriage, which is issued as an electronic ticket), and in case of impossibility to refund on the day of termination of the contract of carriage - within another term by agreement of the parties, but not later than within seven days.
- Forced refund or re-booking without the use of penalties shall be made in the following cases:
Re-booking for another flight in the event of a passenger's missing the flight for which he has a confirmed booking due to the late arrival of the previous flight, in case of issuance of separate transport documents for the carriage, shall be made without any penalties.
- cancellation, postponement, delay of flight, on which a passenger has booked a seat and has an issued ticket;
- incorrect issuance of transport documents;
- replacement of the service class or the aircraft type;
- impossibility to provide a passenger with a seat as booked;
- failure of the airline to ensure connection with the flight for which the passenger has a confirmed booking and which is indicated in the same ticket as the previous one;
- carriage refusal due to the passenger’s failure to pay the tariff or fees in case of changes in tariffs or rules of their application in comparison with those effective on the day of departure of the passenger from the first airport indicated in the ticket;
- use by the air carrier of the right to refuse carriage on the grounds set forth in Chapters 9.1, 9.6 of these Rules;
- illnesses of the passenger or members of his family travelling with him, provided a properly issued certificate of the health care institution;
- in other cases of the passenger's refusal from being carried or the air carrier’s passenger carriage refusal through the air carrier’s fault.
- In case of a forced refund, the amount to be returned to the passenger shall be equal to:
- if no part of the ticket has been used - an amount equal to the full cost of the ticket at the price at which it was purchased;
- if any part of the ticket has been used - an amount equal to the tariff for unused part of the one-way carriage and unused airport fees and unused fees of the air carrier from the place where the carriage refusal took place to the destination. In addition to the above, the air carrier shall comply with the compensation rules specified in Chapter 16.3 of these Rules.
- In case of voluntary refund, that is, if the passenger wishes to get back the amount paid for the ticket, and such return is allowed by the rules of tariffs application, then such amount shall be calculated in accordance with the air carrier's tariff rates. In addition, the amount of all unused airport fees and fees of the air carrier shall be returned to the passenger.
Right to Refuse a Refund
- The air carrier shall have the right to refuse a refund if:
- the application for this was filed by the passenger after the expiration of the ticket, as determined in Chapter 4.4, as well as in other cases stipulated by these Rules;
- the ticket is purchased at a special rate and the rules of its use do not provide for the refund of any amounts (in case of purchase of a ticket at such a special rate, the passenger shall be informed by the air carrier (his sales agent) about this during booking and a corresponding mark shall be made in the ticket);
- In case of a lost ticket, a refund shall be made by:
Refund can be made if the lost ticket (or part thereof) has not been used or changed and no refund has been made.
- the airline - the owner of the form (“the carrier under the contract”) - if the ticket was issued under an interline agreement;
- the airline - actual carrier - if the ticket has been issued on the form of the airline which operates the flight.
- From the amount of returnable funds, the air carrier shall have the right to charge a penalty (fee) set by the air carrier for such cases.
- The funds on the basis of a duplicate ticket and for a lost ticket shall be returned in the course of extrajudicial and judicial procedure.
Similar rules are established for the refund in connection with the loss of the warrant of various fees, receipt for payment of excess baggage.
- Refuse of refund to the passenger shall not deprive the passenger of the right to file a claim to the air carrier or sue in court.
BEHAVIOUR ABOARD THE AIRCRAFT
- The passenger’s behaviour aboard the aircraft shall be such that under the Rules of the air carrier does not pose any danger or threat to other persons, items, aircraft or crew of the air carrier.
The passenger shall have no right to interfere with the crew during the performance of their duties and shall comply with the instructions of the commander of the aircraft and the crew regarding the safety of the flight, the aircraft and safe, efficient and comfortable flight of passengers. The passenger shall refuse conduct that may cause or causes other passengers to protest.
- In order to ensure safety of the flight, the air carrier shall have the right to prohibit or restrict the use aboard the aircraft of electronic equipment, mobile phones, portable computers, portable tape recorders, portable radios, CD players, transmitting devices, including radio controlled toys, portable transceivers, etc. (except for artificial hearing devices and cardiac pacemakers).
- Aboard the aircraft, the passenger shall have no right to be in a state of alcohol or drug intoxication or under the influence of any other substance that could endanger or endanger other passengers, items, aircraft or its crew. The use of any alcoholic beverages aboard the aircraft shall be allowed only in the quantity offered by the air carrier.
- Irrespective of the flight distance, it shall be prohibited to smoke aboard the aircraft.
- If the passenger does not comply with the provisions of paragraphs B to D of this Chapter, the air carrier shall have the right to take such measures as the situation requires and which the air carrier will consider necessary to prevent such behaviour. Such measures may include restrictions on the movement of the passenger in the aircraft, disembarkation of passengers, refusal to board aircraft at any point along the carriage route and transfer of passenger to local authorities to take appropriate measures of influence.
- If the passenger does not comply with the provisions of this section or otherwise does not comply with the Rules, the air carrier shall have the right to refuse passenger’s further carriage and to apply administrative and civil law measures to him (to bring to administrative liability, apply to the court for reparation of damages).
The air carrier shall, in accordance with the provisions of Articles 90, 91 of the Air Code of Ukraine, have the right to maintain the established order and to apply restraining measures against offenders aboard the aircraft.
- If, due to the passenger’s prohibited behaviour, the air carrier had to perform certain actions which incurred additional expenses, the passenger shall compensate the air carrier for such expenses in accordance with the current legislation.
ARRANGEMENTS OF CARRIERS
- These Rules shall apply to carriage performed under commercial agreements between carriers (known as codesharing agreements, interline carriage agreements, even if a carrier indicated in a ticket is other than a carrier which actually performs carriage. If there is any such commercial agreement, the air carrier (its sales agent) shall provide the passenger with information during booking on which carrier is contractual and which actually performs carriage. When checking-in a passenger for a flight, this information is provided by the actual carrier or his authorized handling agent at the departure airport.
- In case that the passenger has entered into an agreement on air carriage with the provision of additional paid services, the air carrier shall be liable to the passenger for the failure to provide such services, which is limited to the amount paid for unrendered services.
- The air carrier shall not be responsible for the carriage (carrying) of baggage provided by third parties with which the air carrier has not entered into commercial agreements. If the air carrier independently provides and carries out passengers’ baggage carriage (carrying) operations, these Rules shall also apply to such services. The baggage carriage (carrying) operations which are additionally performed by the air carrier shall be paid by the passenger.
- A carriage performed by several sequential carriers shall be considered a single carriage if, from the beginning of the carriage, these carriers considered such an operation as a single carriage and a compound ticket was issued for such carriage.
- In the case of single carriage, each carrier who accepts passengers and baggage (cargo) for carriage shall be subject to the Rules and regulations of the Ministry of Infrastructure of Ukraine (MIU) and shall be considered as one of the parties to the contract of carriage, since such a contract concerns a part of the carriage performed under the control of a particular carrier.
- The carrier issuing the ticket or the first carrier indicated in the ticket or in the compound ticket shall not be responsible for the defects in carriage that occurred on the section(s) of carriage of another carrier(s), including the delay in carriage of a passenger or baggage.
- In case of destruction, loss, damage, delay in carriage of baggage, the passenger shall have the right to sue the first or last carrier, as well as the carrier which performed carriage during which destruction, loss, damage, delay in carriage occurred.
- If it is impossible to identify the carrier who performed the carriage during which the destruction, loss, damage, delay in carriage of baggage occurred, then the carriers who took part in the carriage will be liable to the passenger, either together or individually, to the extent of the fault of each of them.
- The duration of air carriage shall not include any transportation by land, sea (river) transport facilities carried out outside the airport. However, if such carriage is carried out in pursuance of the contract of carriage for the purpose of boarding, disembarkation, loading, dispense, baggage/cargo transfer, any damage, unless the opposite is proved, shall be considered a consequence of an event that occurred during air carriage. If, without the passenger’s consent, the carrier completely or partially replaces the carriage which, under the agreement of the parties, shall be carried by air transport, by carriage by any other mode of transport, such carriage by another mode of transport shall be considered the carriage performed during air carriage.
- In case of mixed carriage performed partly by air and partly by any other mode of transport, the provisions of these Rules taking into account paragraph A of this Chapter shall apply only to air carriage.
- Any provision of these Rules shall not prohibit parties in case of mixed carriage to include provisions related to carriage by other means in the ticket, provided that the provisions of these Rules will apply only to air carriage.
- Carriage by other means of transport, taking into account paragraph A of this Chapter, will be offered by the air carrier only as an agent of such another carrier, even if such carriage will be indicated in the ticket under the airline code.
The air carrier’s liability for any improper carriage of the passenger, destruction, loss, damage, delay in the carriage of baggage that occurred during carriage by such other means of transport shall be limited to the amount paid by the passenger for such carriage.
AIR CARRIAGE WHICH IS PERFORMED BY THE ENTITY OTHER THAN CARRIER UNDER THE CONTRACT
- The provisions of this Chapter shall apply when the entity (hereinafter referred to as the carrier under the contract), as the main party, concludes a contract of carriage with a passenger or with a person acting on the passenger’s behalf, and another person (hereinafter - the actual carrier) as an authorized carrier under the contract performs all carriage or part thereof, but is not a subsequent carrier in relation to such a part in the meaning of Chapter 22 of the Rules.
- In the case of carriage provided for in paragraph A of this Chapter, the carrier under the contract shall be subject to these Rules and Rules of the MIU in respect of the entire carriage, and the actual carrier - only in relation to the carriage it performs.
- The scope of the responsibility of the actual carrier and the carrier under the contract shall be limited by the rates established by these Rules and the Rules of the MIU.
- The operation of charter flights is regulated by the relevant Aviation Regulations of Ukraine. When operating charter flights, while concluding an agreement with the customer on the operation of charter flights, the air carrier shall stipulate rendering of services and reimbursement provided for by these Rules. Tickets for charter flights shall not be valid until the air carrier is paid the cost of operating a charter flight.
Refunds and booking confirmation shall be made in accordance with the terms of the agreement concluded between the air carrier and the customer of the flight.
- Tickets for charter flights shall be valid only for carriage on dates and for flights indicated in the tickets. Depending on the availability of vacant seats, the customer of the charter flight may change the departure date and return of the flight, provided that such changes are agreed upon by the customer of the flight (the tour operator - the carrier under the contract) with the passengers and the actual carrier (the flight operator - the air carrier).
- Tickets for charter flights include (or exclude) restrictions on passenger rights to change or cancel their booking. Tickets for charter flights, according to which a tourist trip was paid with payment of all services (two-way flight, transfer, hotel accommodation, meals) may include additional conditions and restrictions set by the carrier under the contract for a trip, which includes all restrictions.
- The provisions specified in Chapters 4.4, 4.5; 5; 6; 7.1, 7.4; 19 of these Rules shall not apply to the charter carriage.
Documents for a Trip
- The passenger shall be responsible for obtaining all necessary documents for a trip: visas, permits, references, etc., as well as for the compliance with all applicable laws on departure from, arrival to and transit of the country of departure, arrival and transit. The air carrier shall not be responsible to the passenger for the consequences of the passenger’s failure to obtain such documents or a visa or a failure to comply with such applicable laws.
- At the air carrier’s request, the passenger shall present to the authorized persons of the air carrier, representatives of the relevant state bodies all documents for departure, arrival, transit, regarding the state of health and other documents required by applicable laws, and allow the air carrier to make and retain their copies or otherwise retain the information contained in the relevant documents. The air carrier shall have the right to refuse carriage of a passenger who failed to comply with applicable laws or whose documents are not duly issued.
Refusal to Enter the Country
- The air carrier shall not responsible for the refusal of the passenger’s entry to the country.
- The passenger shall, at the request of the air carrier or the public authorities, pay the appropriate return carriage fare if he is required to return to the place of departure or another place due to the refusal of the country of destination to accept such a passenger, regardless of whether the country is the destination or transit country. The air carrier may use any amounts previously paid to the air carrier remaining at the disposal of the air carrier for unused carriage, or any funds of the passenger being are at the disposal of the air carrier, for the payment of such carriage.
- The air carrier shall have the right not to refund the amounts paid by the passenger for the carriage performed to the place where the passenger was refused entry or the place of deportation.
Responsibility of the Passenger
- In case the air carrier is requested to pay or deposit any amount, to pay a fine or to provide a financial guarantee in connection with the fact that the passenger failed to comply with the applicable laws, or failed to present the necessary documents for travel, or presented false documents or documents containing false information, the passenger shall, at the air carrier's request, reimburse the amount paid or deposited and other related expenses of the air carrier.
- The air carrier shall have the right to use any amounts previously paid by the passenger to the air carrier for unused carriage remaining at the air carrier's disposal, or any funds of the passenger which are at the air carrier’s disposal, to cover any such expenses, or may refuse carriage, if the passenger failed to reimburse the air carrier for such expenses.
Customs Control, Security Check, Passport Control and Other Types of Control
- During international carriage, passengers, their checked-in baggage and hand baggage shall be necessarily subject to security check and passport control, as well as other types of control at the request of customs and other authorized bodies.
- During domestic carriage, the passenger, his checked-in baggage and hand baggage shall be necessarily subject to security check, as well as other types of control at the request of the authorized bodies.
LIABILITY AND AMOUNT OF REIMBURSEMENT FOR THE DAMAGE CAUSED
Death and Bodily Harm of Passengers. Baggage Damage
- The air carrier shall be liable for damage that caused death or bodily harm of the passenger, only if the incident that caused death or damage occurred aboard the aircraft or during boarding or disembarkation of the passenger.
- The air carrier shall be liable for damage caused by the destruction, loss of or damage to the checked-in baggage, provided that the incident which caused the destruction, loss of or damage to the baggage occurred aboard the aircraft or when the air carrier was responsible for the safety of the checked-in baggage, however, the air carrier shall not be liable for damage to baggage due to its defect, qualities or deficiencies.
In case of unchecked baggage, including passenger’s personal belongings, the air carrier shall be liable if the damage is caused through its fault or through the fault of its employees or handling agents.
- If the air carrier recognizes the loss of checked-in baggage or if the checked-in baggage has not arrived within 21 days of the date on which it had to arrive, the passenger may advance the air carrier a claim arising from the contract of carriage.
Liability for Damage Caused due to Carriage Delay
- The air carrier shall be liable for damage caused by a delay in the carriage of passengers and baggage, but the carrier shall not be liable for damage caused by a delay if it proves that it, its employees and (sales and/or handling) agents have taken all possible measures in order to avoid damage or that it/they did not have the opportunity to take such measures.
- The liability of the air carrier for inappropriate carriage shall in any case be limited to actual losses incurred by passengers.
Exemption from Liability
- If the air carrier proves that the damage was caused or contributed by negligence, wrongful act or omission of the person requesting compensation or the person from whom his rights are derived, the air carrier shall be fully or partially exempt from liability to the person claiming compensation to the extent that such negligence, wrongful act or omission caused or contributed to its occurrence.
- If the compensation in connection with death or bodily harm suffered by a passenger is claimed by a person other than the passenger, the air carrier shall also be wholly or partially exempt from liability to the extent that it proves that negligence, other wrongful act or omission of this passenger has caused damage or contributed to its occurrence.
Compensation in Case of Death or Bodily Harm of Passengers
- The air carrier cannot exclude or limit its liability for damage that caused death or bodily harm of a passenger, under the conditions specified in clause 1 of this Chapter, to the amount of 113,100 SDRs (special drawing rights) per passenger.
- The air carrier shall not be liable for damage that caused death or bodily harm of the passenger and the amount of which exceeds the amounts specified in paragraph 27.4.1 of this clause, under the conditions specified in Chapter 27.1, if the air carrier proves that:
- such damage was not caused by negligence or other wrongful act or omission of the air carrier, its employees or handling agents;
- such damage is caused solely by negligence or other wrongful act or omission of a third party.
- The air carrier shall immediately, but in any case not later than within fifteen days after the identification of the individual who has the right to compensation make an advance payment, which shall not be less than 16,000 SDRs.
- When issuing a ticket, the air carrier shall provide the passenger in writing with the main provisions governing the liability of the air carrier to the passenger and for his baggage. In addition, the air carrier shall provide the passenger with written notice of the applicable limitations of the air carrier’s liability as to passengers and baggage.
Limits of Liability for Damages Caused by Delays
- The liability of the air carrier for damage caused by a delay in the carriage of passengers of any flights shall be limited to 4,694 SDRs per passenger.
- The air carrier’s liability in case of destruction, loss, damage or delay in the carriage of checked-in baggage shall be limited to 1,131 SDRs (for the minimum free baggage allowance established by the authorized civil aviation authority) per passenger. The air carrier shall not be liable for damage caused by a delay if it proves that it, its employees and handling agents have taken all measures that might be necessary in order to avoid damage or that it was impossible for it (them) to take such measures.
- The air carrier’s liability in case of carrying baggage with declared value shall be determined by the amount of the declared value of baggage.
- The provisions of paragraphs 27.5.1, 27.5.2 and 27.5.3 of this clause shall not apply if it is proved that the damage is the result of the act or omission of the air carrier, its employees or handling agents committed with the intent to cause damage or through criminal negligence, and with the knowledge that such acts might cause damage, provided that in the event of such an act or omission committed by an employee or handling agent it will also be proved that this employee or agent acted within the scope of his/its duties.
- The limits of liability set forth in Chapters 27.4 and 27.5 shall not prevent the court from adopting a decision in accordance with the applicable laws on the reimbursement of all or part of court and other court-related expenses incurred by the plaintiff, including interest, unless the amount awarded as compensation for damage, other than court and other court-related expenses, shall not exceed the amount that the air carrier offered to the plaintiff in writing within six months from the date of the damage or before the trial, whichever is later.
Conversion of Currency
The amounts specified in the special drawing rights in this section shall be treated as those relating to special drawing rights as defined by the IMF. Such amounts shall be converted into the national currency in case of trials or dealing with claims of passengers in accordance with the value of currencies in special drawing rights on the date of the court order or decision by the air carrier under the passenger’s claim.
CLAIMS AND ACTIONS
General Provisions on the Procedure for Presenting Claims and Filing Actions
- Any action regarding the liability of the air carrier in respect of the damage caused during carriage may be filed in accordance with the conditions and limits of liability provided for by the Montreal Convention and the current legislation of Ukraine, without prejudice to the determination of the range of persons having a right of action and their respective rights.
- The total amount of compensation that may be received from the actual carrier which performed the carriage, from the carrier under the contract and from its employees and sales and/or handling agents acting within their duties shall not exceed the maximum compensation that is on the basis of these Rules and Rules of the MIU may be levied from the carrier under the contract or from the actual carrier, and none of the indicated parties shall be liable in the amount exceeding the limit of compensation applicable to this person.
- If the action is filed against the air carrier or (sales and/or handling) agent of the air carrier in connection with the damage referred to in these Rules, such employee or (sales and/or handling) agent of the air carrier, if he proves that he acted within the scope of his official duties, shall have the right to refer to the terms and limits of compensation that the air carrier has the right to refer to.
- The air carrier shall deal with the claim and notify the applicant of its satisfaction or rejection providing the grounds within three months from the date of receipt if the carriage in respect of which the claim was filed was fully performed by one carrier.
If other carriers participated in such carriage, the period of dealing with the claim may be extended to six months, taking into account the current rules for settling claims by such carriers.
- Claims shall be dealt with in the manner established by the air carrier. Upon receipt of the claim, the air carrier shall, depending on its complexity and the adequacy of the claim documents, the absence of which makes it impossible to consider the claim on the merits, send a request notice to the claimant within 15 days from the date of registration of the claim, that notifies the applicant of the receipt of the claim, of the need, if any, to present further documents and the timing of consideration of claims after receipt of documents that are missing.
- In the event of death of the person liable, the claim for damages shall be submitted in accordance with the provisions of this Chapter to the successors who legally represent such person/entity or dispose of his/its property.
- Any claim for liability relating to carriage performed by the actual carrier may, at the plaintiff’s choice, be submitted to this carrier or to the carrier under the contract, or both, either together or separately. In case that the action is filed only against one of these carriers, it shall have the right to initiate the involvement in court proceedings of another carrier.
- In the event that the air carrier pays compensation or renders services provided for by these Rules, none of the provisions of this Chapter shall in any way regulate the issue of whether a person/entity who/which, in accordance with the provisions of these Rules, is liable for damage, has the right of recourse to any other person/entity.
Procedure for Presenting Claims and Filing Actions for Improper Carriage of Passenger
- If the claim is presented for compensation for damage caused by delay in passenger carriage, the amount of compensation shall be limited to the amount specified in paragraph 27.5.1 of these Rules. The amount of the claim shall be proved by the person concerned.
- Claims about the liability of the air carrier for improper carriage of the passenger shall be submitted at the plaintiff’s option to the court at the place of incorporation of the air carrier, at the location of its headquarters or at the location of the air carrier’s office where the contract of carriage was made, in accordance with the current legislation from the date of his arrival to the destination or from the date on which the aircraft was to arrive at its destination or from the date on which the carriage ceased.
Actions for the liability of the air carrier for improper carriage of the passenger may be filed within the terms established by the current legislation without a prior presentation of a claim to the air carrier.
- An action for damages caused by death or personal injury of the passenger may be filed with the relevant court in the territory of the state party to the Montreal Convention in which the passenger has the main and permanent residence at the time of the incident and to/from which the air carrier provides services related to the air carriage of passengers using its own aircrafts or the aircrafts of another carrier on the basis of a commercial agreement, and in which this carrier carries out activities related to the 28.2 air carriage of passengers using the premises rented by the carrier itself or another carrier with which it has a commercial agreement, or belonging to it or such other carrier.
- The right to compensation is lost if the liability action is not filed within the terms provided for by the Montreal Convention and the current legislation of Ukraine from the date of arrival at the destination, or from the date on which the aircraft was to arrive, or from the date on which the carriage ceased.
Procedure for Presenting Claims and Filing Actions for Improper Carriage of Baggage
- The receipt of checked-in baggage by the person entitled to receive it without claiming provides for proof to the contrary that the baggage was delivered in proper condition and in accordance with the transport document or record which is stored by other means of storing the information.
The Passenger must certify the opposite through executing the Property Irregularity Report (PIR) before leaving the airport baggage claim area.
- In case of improper carriage of checked-in baggage, the passenger shall send a claim to the air carrier immediately after the damage is discovered (loss of part of the baggage contents) and within seven calendar days from the date of receipt of the checked-in baggage.
In case of delay in baggage carriage, the claim shall be presented within 21 calendar days from the date on which the baggage was handed over to the passenger.
- Claims for baggage loss shall be presented to the air carrier after the baggage is determined lost. The baggage is considered lost if it is not found by search results within 21 calendar days from the date following the date when the baggage was to arrive at the destination. In such a case, the claim to the air carrier shall be presented within two years from the date of arrival of the aircraft at its destination or from the date on which the aircraft was to arrive at its destination or from the date on which the carriage ceased.
- Any claim for improper baggage carriage shall be be presented in writing and delivered or sent within the time limits specified in paragraph 2 of this clause. The claim must be accompanied by all necessary documents confirming the passenger’s rights to claim compensation, depending on the reason of presenting the claim, including a ticket (itinerary receipt), fiscal receipts for payment of services, a receipt for payment of excess baggage, a detachable coupon of the baggage identification tag, an act of improper carriage of baggage, a reference of delay and other documents that can expedite consideration of claims. The amount of the claim shall be proved by the person concerned.
- The liability of the air carrier for destroyed or lost baggage shall be limited to the amount specified in paragraph 27.5.2 of these Rules. If a claim is presented regarding partially lost baggage, the compensation shall be calculated on the basis of the weight of lost baggage and the cost of 1 kg. The cost of one kilogram of compensation for partially lost baggage shall be calculated on the basis of the established amount of compensation, in accordance with paragraph 27.5.2 of these Rules and the minimum rate of free baggage allowance established by the authorized civil aviation body specified in paragraph 12.2.2 of these Rules.
- If the claim is presented regarding compensation for partial baggage loss of up to 1 kilogram, the weights indicated in Recommended Practice of IATA 1751 may be used to compensate the cost of partially lost baggage.
- If the claim is presented regarding damage to baggage packaging, its repair shall be subject to compensation. In case of impossibility of further use of the damaged package of baggage, its value which shall be confirmed by the person concerned shall be subject to compensation. If the claimant does not have documents that can confirm the cost of the damaged baggage packaging, the compensation shall be made in the same way as with partly lost baggage.
The air carrier shall not be liable for the following types of damage to baggage:
- broken wheel and legs of the suitcases, bags, etc.; lost straps and tabs;
- slight attrition or scratches, damage as a result of excessive filling of the suitcase;
- damage to the handles of the suitcase or bags;
- damage to fragile items or perishable stuffs;
- damage to items that are not properly packed.
- If the claim is presented for compensation for damage caused by delay in baggage carriage, the amount of compensation shall be limited to the amount specified in paragraph 27.5.2 of these Rules. The amount of the claim shall be substantiated by the person concerned.
- In the absence of claims within the periods mentioned in paragraphs 28.3.2, 28.3.3 during international air carriage, no claims to the air carrier regarding improper baggage carriage shall be accepted, except for cases of fraud of the air carrier. Claims for improper baggage carriage on domestic flights shall be presented in accordance with the current legislation of Ukraine.
- Claims about the liability of the air carrier for improper carriage of the baggage shall be submitted at the plaintiff’s option to the court at the place of incorporation of the air carrier, at the location of its headquarters or at the location of the air carrier’s office where the contract of carriage was made, in accordance with the current legislation from the date of his arrival to the destination or from the date on which the aircraft was to arrive at its destination or from the date on which the carriage ceased.
- The right to compensation is lost if the liability action is not filed within the terms provided for by the Montreal Convention and the current legislation from the date of arrival at the destination, or from the date on which the aircraft was to arrive, or from the date on which the carriage ceased.
- The provisions of this Chapter shall apply to the air carrier and its sales and/or handling agents issuing tickets for air carriage on the territory of Ukraine.
- The air carrier (its sales agent) shall prominently report the following information in the office where the carriage documents are issued in the place accessible place for consumers:
- its full name, location;
- copies of documents (licenses, certificates) for carriage (sales of carriage);
- phone number of the territorial authority on consumer rights protection;
- complaints book.
- When issuing tickets, the air carrier (its sales agent) shall necessarily notify the passengers of the following information:
The air carrier shall, when carrying out promotional activities, provide the population with full information on the cost of carriage, which should include the amount of the fare and all airport fees and fees of the air carrier.
- RULES OF the MIU;
- these rules - in hard copy in the form of instructions for the passenger (in case of on-line sales via the Internet - electronically through the website through which the booking is made);
- the cost of carriage by the corresponding route - orally at the point of sale of tickets at the time of booking (in case of on-line sale via the Internet - electronically through the website, through which the booking is made, or by indicating the necessary information in the itinerary receipt);
- cost, conditions and restrictions during carriage under a special tariff - orally at the time of booking (in case of using an electronic ticket - through the website through which the booking is made);
- administrative formalities while travelling on the route - orally at the time of booking;
- the limits of liability of the air carrier during passenger and baggage carriage
- in the ticket or itinerary receipt;
- rights of passengers in the event of carriage refusal, cancellation or delay of flights;
- items and goods prohibited for carriage - in a ticket or itinerary receipt;
- restrictions on the carriage of passengers with disabilities and the need for ordering special services at the time of booking.
When buying a ticket for the air carrier’s flight, the passenger unconditionally agrees with all conditions of the contract of carriage and the Rules of Carriage of the air carrier.
The air carrier shall publish the Rules on the website (WWW.SKYUP.AERO).