Rules of Conduct on Board of an Aircraft

Rules

• Rules of Conduct on Board of an Aircraft

  Rules of Conduct on Board of an Aircraft

  Conduct on Board

• Rules of air transportation of passengers and baggage

  Rules of air transportation of passengers and baggage

  air transportation

• • Airline service is a specific field where passenger safety is a priority target. Protection of passengers, members of aircraft crew and staff of Civil Aviation of Ukraine from acts of unlawful interference is provided by a comprehensive set of Aviation Safety measures, which constituent part is conducting of defined norms, rules and procedures by all participants of air transportation.

    Rules of conduct on board of an aircraft (hereinafter - an AC) of SKYUP AIRLINES, LLC (hereinafter - the Airline), aim to provide safety and are mandatory for all passengers.

    We offer to review rules of conduct on board of an AC during flight:

    A passenger reserves rights:

    • for his own safety to be provided;
    • to refuse from flight in case of reasonable uncertainty as for his safety to be provided;
    • to apply to aircrew members and call for their protection in case of any threat to his life, health or dignity.

    A passenger is responsible for:

    • following discipline and rules of conduct on board of an AC;
    • following instructions and recommendations of aircrew members;
    • placing carry-on baggage and personal items in designated locations defined by a flight steward;
    • fastening seat belts while signal panel «fasten seat belts» is on.

    A passenger is prohibited:

    • to create situations which threaten flight safety or life, health or personal dignity of passengers and members of the aircrew;
    • to express disrespect, aggression toward other passengers and members of the aircrew;
    • to afford any form of abuse or physical violence toward other passengers and members of the aircrew;
    • to prevent members of the aircrew from performing their duties;
    • to intake drugs and other substances which result in intoxication;
    • to drink alcoholic beverages, except those offered by the aircrew;
    • to smoke on board of an AC, including vapes;
    • to leave his seat and move over the cabin of an AC, when it is prohibited by the aircrew;
    • to block passages, emergency and service doors and access to emergency exit doors;
    • to damage any equipment and property on board of an AC;
    • to carry any Airline-owned equipment or property out of an AC;
    • to use any emergency equipment if the aircrew has not given such command;
    • to make a video or a snapshot of an AC, passenger cabin, members of the aircrew and other personnel of the Airline without prior permit (approval) from the Airline management;
    • to use communication devices, such as a mobile phone, radio, etc. during the whole flight;
    • to use electronic devices, such as a laptop, tablet, player, etc. during take-off and landfall of an AC;
    • to create any other unlawful situations which threaten or can threaten flight safety;
    • to make psychological pressure or explicit intimidation, express violence, threat or make intentional damage to life, health or property of passengers, aircrew or the Airline;
    • to spread untrue information which can create a threat to safety of an AC;
    • to enter or try to enter the cockpit of an AC;
    • to open doors and emergency doors of an AC without authorization;
    • any other actions which create any threat to flight safety or have elements of crime, which responsibility is envisaged by criminal legislation of Ukraine or country of destination.

    With purpose to provide flight safety the Airline reserve the right to prohibit or limit usage of electronic devices, mobile phones, portable PCs, portable tape-recorders, portable radios, CD/MP3-players, transmitters, including wireless-controlled toys, portable radio sets, etc. (excluding assistive listening devices and electric cardiostimulators).

    In case of breaching the above-mentioned rules AC commander reserves rights:

    • to give orders and instructions which are subject to unconditional fulfilment by both members of the aircrew and passengers;
    • to apply all necessary measures, including those of compulsory nature, toward individuals who, with their actions, create a threat to flight safety and did not fulfil his orders;
    • to fulfil emergency landing at the nearest aerodrome (airport) to transfer the delinquent passenger to law enforcement officials.

    The Airline rules in place and the existing practice of their exercising foresees such sanctions:

    • reimbursement by a passenger any additional costs incurred to the Airline as a result of delinquency committed on board of an AC;
    • reimbursement of loss of property incurred to the Airline by the delinquent passenger;
    • the Airline will deny further air transportation the passenger;
    • providing the incident for the maximal public coverage by the mass media and Internet.

    Passengers can review Rules of Conduct on Board of an AC:

    • on the Airline official website;
    • on board of an AC;
    • at the Airline representative offices and tour operators;
    • at box offices.

    Legislation of major countries in the world foresees penalty for breaking rules of Aviation / flight safety.

    Delinquent passengers, due to distinctions of national laws, can be fined (fine amount from 340.00 UAH to 250,000.00 USD) and/or prosecuted (detention for from 15 days to 20 years).

• • General provisions
  • Scope of application
  • Providing information to passengers
  • Carriage contract. ticket
  • Stopover or agreement on stopping places
  • Tariffs and charges
  • Reservation of air transportation of passengers, baggage
  • Passenger servicing
  • Transportation of some categories of passengers
  • Check-in for passengers and baggage registration
  • Refusal to transport passenger and baggage by air to ensure safety of flight
  • Baggage
  • Transportation of some categories of baggage
  • Schedule
  • Flights delay and cancellation
  • Rights of the passengers in case of refusal to air transport, cancellation or delay of flights
  • Reimbursement for delay in baggage transportation
  • Obligations of the airline to inform passengers about their rights
  • Refund
  • Behavior onboard
  • Arrangements between airlines
  • Consecutive carriers
  • Multimodal transportation
  • Air transportation carried out by non-contract carrier
  • Charter transportations
  • Administrative formalities
  • Obligations of the airline and the amount of damage compensation
  • Complaints and claims

  1. GENERAL PROVISIONS

     • 1.1 Rules of air transportation and passenger and baggage service (hereinafter referred to as the Rules) of SkyUp AIRLINES LLC (hereinafter referred to as the Airline) comply with the Aviation rules of Ukraine «Rules of air transport and service of passengers and baggage» approved by the Order of the State Aviation Administration of Ukraine (hereinafter – SAAU) on November 26, 2018 No. 1239 “On approval of the Aviation rules of Ukraine «Rules of air transport and service of passengers and baggage», registered with the Ministry of Justice of Ukraine on 02/08/2019 under No. 141/33112 with changes introduced by the order of the SAAU No. 1126 dated 14.08.2020, registered with the Ministry of Justice of Ukraine on October 19, 2020 under No. 1022/35305 (hereinafter the Rules of SAAU), are developed taking into account the requirements:
       - of the Regulation (EU) of the European Parliament and of the Council of July 05, 2006 1107/2006 on the rights of persons with disabilities and persons with reduced mobility when using airspace;
       - Regulation (EU) of the European Parliament and of the Council of February 11, 2004 No. 261/2004 coming into force of general rules on compensation and assistance to passengers in case of denied boarding and cancellation or long delay of flights;
       - Convention on the Rights of Persons with Disabilities, adopted by the UN General Assembly on December 13, 2006, New York;
       - Council Regulation (EU) of October 9, 1997 No. 2027/97 on the liability of air carriers in case of an incident, as amended by Regulation (EU) of the European Parliament and of the Council of May 13, 2002 No. 889/2002;
       - Regulation (EU) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance carrier requirements for air carriers and aircraft operators; - the Convention on the Unification of Certain Rules relating to International Carriage by Air signed on 28 May 1999 in Montreal; - General conditions of Carriage of passengers and baggage established by the International Air Transport Association (IATA) (“General Conditions of Carriage (passenger and baggage)”); - resolutions and recommended practices of the International Air Transport Association (IATA); - Standards and Recommended Practices of the International Civil Aviation Organization (ICAO).
     • 1.2 Aviation security during air transportation of passengers and baggage is carried out in accordance with the legislation, in particular with the Law of Ukraine "On the State Aviation Security Program for Civil Aviation" dated March 21, 2017 No. 1965-VIII.
     • 1.3 These Rules have been developed to establish general conditions for the transportation and servicing of passengers and baggage by flights of the Airline, and to ensure flight safety and quality of service. In case of disagreement in the interpretation of the provisions of these Rules, preference is given to the textual rules of the SAA and the provisions of the Air Code of Ukraine.
     • 1.4 The terms used in these Rules have the following meanings::
       • Airline – LLC “SKYUP AIRLINES”;
       • automated reservation system/global distribution system is a system that provides information on flight schedules, availability and tariffs of air carriers and with the help of which reserving of air transportation services is carried out (hereinafter – ARS/GDS);
       • air carrier (hereinafter referred to as the carrier) is a business entity that provides services for the transportation of passengers and cargo by air: in the case of a Ukrainian carrier – on the basis of a license, as well as an operator certificate issued by the authorized body in the field of civil aviation of Ukraine; or in the case of a foreign air carrier - on the basis of the relevant document of the competent authority of another country that meets the requirements of international treaties, which are mandatory for Ukraine;
       • operating air carrier is a carrier that performs or intends to perform a flight under a contract with the passenger or on behalf of another person, legal or physical, who has a contract with this passenger, transports or undertakes to transport the passenger and/or his baggage according to the ticket, and also undertakes to provide all other services related to such transportation, regardless of whether this legal or natural person is the actual carrier or the contract carrier. The term "carrier" includes agents, workers, representatives and contractors of the carrier, unless otherwise provided by these Rules;
       • service agent is a ground handling entity authorized by the carrier to carry out operations on ground handling of passengers and baggage;
       • - baggage identification tag is a document issued by the carrier to identify the checked baggage;
       • excess baggage is a part of baggage that exceeds the rate established by the carrier for free baggage transportation or requires mandatory payment regardless of the specified rate;
       • exceptional conditions are the conditions under which the transportation of passengers and baggage does not fall under the usual operations and operating procedures of civil aircrafts, including the conditions under which the peacekeeping contingent is transported, transportation to eliminate the consequences of a natural disaster or accident, etc.;
       • domestic transportation is the transportation of passengers and baggage between points that are located on the territory of Ukraine;
       • group transportation is the transportation of a group of persons having a common purpose of travel. The minimum number of passengers in group is set by the air carrier;
       • day is the calendar day, including all seven days of the week, holidays and non-working days. To determine the period of validity for transportation documents, acts and other documents, as well as the deadlines for transportation, the statutes of limitations for making claims, the countdown starts from 00 hours (00:00) of the day following the day when the event occurred or the action took place. Remaining time of these days is not taken into account. If the end of the period indicated above falls on a holiday or day off the end date is the first working day after it;
       • inspection is a security control procedure using technical or other means to detect weapons, explosives, objects or devices that can be used to commit an act of unlawful interference;
       • contract of aircraft charter (affreightment) is an agreement under which one party (freighter) undertakes to provide the other party (charterer) for a fee with all or part of the capacity in one or more aircraft for one or more flights for the transportation of passengers, baggage;
       • damaged ticket is a ticket which condition, due to the fault of the passenger, does not allow to identify or read the information contained in it;
       • multimodal transportation is a transportation carried out using various modes of transport according to one transportation document involving air transport;
       • stopover is a temporary stoppage previously agreed between the carrier and the passenger at any point, except for the departure and destination points;
       • interline agreement is an agreement on the mutual recognition of shipping documents and the relevant settlements;
       • carrier code is a conditional letter or alphanumeric designation of the air carrier provided by the International Air Transport Association (IATA) in accordance with the established procedure, which is used to identify the air carrier in ARS/GDS;
       • commercial agreements are all agreements between carriers, except for an agency agreement regarding the provision of common services related to the air transportation of passengers and baggage;
       • Itinerary receipt (itinerary/receipt) is a document (documents) that is (are) a part of an electronic ticket and contains (contain) the necessary information (for example, passenger's name, route, tariff, etc.), notifications and messages;
       • international transportation is a transportation during which the point of departure and the destination, regardless of whether there is a break in transportation or overloading, are located either on the territory of two different countries, or on the territory of one country, if the agreed stop is provided for on the territory of another country;
       • place of departure is the point indicated in the ticket from which the transportation of the passenger and his baggage begins;
       • place of destination - the point specified in the ticket, where the passenger and/or baggage transportation ends;
       • Montreal Convention is the Convention for the Unification of Certain Rules for International Carriage by Air, done on May 28, 1999 in the city of Montreal;
       • extraordinary circumstances are the circumstances that lead to a long delay or cancellation of one or more flights, even if the carrier has taken all reasonable steps to prevent delays or cancellations. Extraordinary circumstances include, in particular, but are not reduced to: hostilities, public riots, sabotage, embargoes, fires, floods or other natural disasters, explosions, actions or omissions of public authorities, strikes, and technical obstacles caused by failures and malfunctions of power supply systems, means of communication, communications, equipment, and software. The technical malfunctions of the aircraft are not the extraordinary circumstances;
       • normal tariff is a full tariff without any restrictions on use, established for servicing first, business, premium and economy service classes, providing maximum flexibility regarding reserving a seat, issuing a ticket, stopping time, combining tariffs, re-reservation and changing the date and route, refusal of transportation etc.;
       • principal place of business of the air carrier is the location of the main office, in which the main administrative, organizational and financial functions of the air carrier are carried out;
       • principal and permanent place of residence is one fixed and permanent place of residence of the passenger at the time of the incident. Citizenship of a passenger is not a determining factor for determining permanent place of residence;
       • final passenger and baggage clearance time is the time after which passengers who did not have time to check-in or board the plane are not accepted for transportation on the corresponding flight;
       • transit passenger is a passenger who, according to the air carriage contract, is further transported by the same flight by which he (she) arrived at the intermediate airport;
       • transfer passenger is a passenger who, according to the air carriage contract, is transported to the transfer point by one flight, and then transported by another flight of the same or another air carrier;
       • confirmed reservation is a reservation made in an automated reservation system and confirmed by the carrier. It is marked in the ticket (electronic ticket) by the mark “OK”;
       • air transportation is the transportation of passengers and, baggage, which is carried out by an aircraft on the basis of air transportation contract. Transportation may be international or domestic;
       • flight coupon is a part of a passenger ticket or, in the case of an electronic ticket, an electronic coupon which defines the corresponding points of departure and arrival, between which the flight coupon is valid for the transportation of passengers and baggage;
       • potentially dangerous passengers are the category of passengers who subject to administrative procedures, namely: inadmissible persons, deportees and persons in custody;
       • boarding pass is a document (paper or mobile) confirming the passenger’s right to board the aircraft, which is provided on the basis of the passenger’s check-in for the flight. Mobile boarding pass is a boarding pass adapted for displaying on the screen of an electronic device, containing, in addition to personal data, flight information and a special bar code for reading by the scanner at the airport. Email or SMS is not a mobile boarding pass;
       • carrier rules are the rules, instructions and technologies established by the carrier that are used in the transportation of passengers and/or baggage by air, including the rules of air transportation of passengers and baggage, the rules for the application of tariffs, standards and guidelines for servicing passengers and baggage, and the procedure for handling claims;
       • rules for the application of tariffs are the conditions for using tariffs established by the air carrier that provide for determining the sales territory, sales season and flights for which you can purchase tickets for a certain type of tariff, the possibility of combining with other types of tariffs and stops at an intermediate point, child discounts, rules for refunding for an unused ticket or a part of it, re-reservation conditions, free baggage allowance, the possibility of transferring a passenger for transportation to another airline, etc.;
       • claim is a written request of an interested party for renewal of rights of reimbursement for the damage caused as a result of domestic or international air transportation, payment of reimbursement etc;
       • flight is an aircraft flight (scheduled or non-scheduled), performed in one direction from the starting point of departure to the final destination point of the route;
       • flight with excess reservation is a flight for which the number of passengers having a confirmed reservation and arriving at check-in before the final clearance time exceeds the number of available seats on the flight;
       • reasonable measures are adequate measures taken by the carrier to prevent or reduce damage (loss) caused to the passenger;
       • reasonable time is a period of time, the reasonable limit of the duration of which for air transportation of a passenger (baggage) is 2 or more hours – for all flights with a distance of 1500 kilometers or less; 3 hours or more – for all flights with a distance from 1,500 to 3,500 kilometers; or 4 hours or more – for all other flights;
       • route segment is a part of the transportation between two points, which is an integral part of the full route and is issued out on one flight coupon;
       • service animals are the animals (usually dogs or other animals) that are controlled by the passenger with disability or reduced mobility and the person accompanying such passenger in order to provide the passenger with disability or reduced mobility with physical and/or emotional support, provided that the presence of animals on board the aircraft does not jeopardize flight safety, does not pose a threat to other passengers and complies with sanitary and hygiene standards;
       • special drawing right (hereinafter – SDR) is the monetary unit of account used by the International Monetary Fund (hereinafter referred to as the IMF);
       • special tariff is a published by the carrier tariff that has certain restrictions in terms of its use;
       • special conditions are the 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 requires compliance with its rules and at the same time threatens the fulfillment of the air carriage contract;
       • an entity providing agency services for the sale of air transportation (hereinafter referred to as the sales agent) is a legal entity engaged in the sale of air transportation on behalf of the air carrier or the general agent on the basis of the contract;
       • tariff standards are the tariffs and rules for their application established and published by the carrier;
       • agreed stopping places are the points (except the points of departure and destination) that are specified in the ticket or are indicated in the air carrier’s schedule as planned stopping points on the transportation route;
       • charter flight for business purposes is a charter flight for which the entire aircraft capacity is reserved by one individual or legal entity solely for its own needs (without the right to sell the capacity to a third party) for the purpose of transporting passengers and/or cargo and is not shared between other charterers. At the same time, the number of the transported passengers cannot exceed 15 people, and the cargo – 2 tons;
       • family members are married persons, parents of married persons, children, including adopted children, guardians, grandmother, grandfather, siblings, grandchildren, dependents recognized by law. In the rules of the air carrier, the list of persons belonging to family members can be expanded.

     Other terms used in these Rules are used in the meaning given in the Air Code of Ukraine.

  2. SCOPE OF APPLICATION

     General conditions of transportation

     1. These Rules are obligatory for any international and domestic transportation of passengers and/or baggage, of free of charge, from/to airports located on the territory of Ukraine.
     2. These Rules are obligatory for the passenger who travels on a flight(s) according to the ticket. The definition of an airline as a carrier for such a flight is a confirmation of the existence of air carriage contract for such a flight between this carrier and the passenger specified in the ticket.
     3. 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 tariff standards of the air carrier, valid on the date of the ticket issue (electronic ticket issue), and if such a date cannot be determined – on the date when the transportation commenced. When transporting passengers and baggage, the Rules, tariffs and fees applicable on the date of ticket issue are used.
        The rules and tariff regulations of the airline, with changes made to them after the date of ticket issuance, cannot be applied to the contract of carriage of the passenger and baggage without notifying the passenger, except in cases where otherwise provided by the applicable laws.
     4. The air carrier has established these Rules with the purpose of improvement of the efficiency and quality of transportation that meets the quality standards and norms, responsibility for passenger servicing, established by requirements of SAAU. These Rules are agreed upon by the State Aviation Administration of Ukraine.
     5. The air carrier is entitled to carry out transportation of passengers and baggage in respect of which it is impossible to ensure compliance with these Rules only under special conditions provided for in clause 2.2 of this section.
     6. These Rules do not apply during the transportation of passengers and baggage carried out under extraordinary conditions that are not subject to the usual operations and procedures for organizing of the transportation of passengers and baggage.

     Specific conditions of transportation

     In the event of an emergency situation, in which the airline is unable to fulfill the provisions of these Rules in terms of ensuring the general conditions of passenger and baggage transportation under normal circumstances, the airline has the right to ensure the fulfillment of its transportation obligations through the use of alternative means of transportation, in accordance with the law of order. The general level of quality and safety during such transportation should be at least equivalent to the level that would be ensured if all the requirements established by these Rules were met, and should comply with the requirements of the SAAU Rules.

     Carrier’s rules upon the application of special tariffs and transportation of certain categories of passengers and baggage are also special conditions of the carriage.

  3. PROVIDING INFORMATION TO PASSENGERS

     • 3.1. The provisions of this section are applied to the Airline and its sales and/or service agents involved in issuing tickets for air transportation in Ukraine.
     
     
     • 3.2. The Airline, its sales agent, in the transportation clearance office is required to place the following information in a visible and accessible for consumers place:
       • its full name, location;
       • copies of the documents (licenses, certificates, attestations) regarding the performance of air transportation (sale of air transportation);
       • contacts of the State Aviation Administration (phone number, email and postal addresses);
       • SAAU Rules;
       • the book of comments and suggestions.
       When issuing tickets, the Airline and its sales agent are required to inform the passengers and provide in writing the terms of the contract (of the airline for which the ticket was issued), the rules for applying tariffs according to which the ticket was purchased, administrative formalities during the trip on a certain route, important messages regarding the transportation of dangerous substances in baggage and cabin baggage, other messages that the Airline considers necessary to bring to passenger's attention.
       In the case of the sale of air transportation using the website, this information is communicated to the passenger electronically through the website using which the air transportation is reserved.
       
       Carrying out promotions, the Airline provides consumers with full information about the cost of transportation, which should include the amount of the tariff and all state taxes and fees, airport charges/tariffs and charges/tariffs of the Airline.
       
       By paying for a ticket for a flight of the Airline the passenger agrees with all the terms of the contract of air transportation and the rules of the Airline.
     
     
     • 3.3. The Airline publishes its rules on the website www.skyup.aero as well as contact information, including the contacts of a 24-hour help desk. (+38044-330 00 13; +38044-339-90-03).

  4. CARRIAGE CONTRACT. TICKET

     Contract of transportation of passengers and/or baggage

     1. Air transportation is carried out on the basis of the contract between the Airline and the passenger. The conclusion of the contract of air transportation and its conditions are confirmed by the ticket that is issued to the passenger by the Airline or by sales agent.
     2. The ticket entitles the passenger specified in the ticket to be transported with the corresponding flight(s) and obliges the Airline to carry out the corresponding transportation of the passenger and his (her) baggage, as well as to provide other services in accordance with the terms of the contract of air transportation, except as specified in paragraph 4.1.4.
     3. The terms of the contract of air transportation that are attached to the ticket and should contain information for passengers about the limitation of liability during the transportation of passengers and baggage, taxes and fees; time of the beginning and end of check-in for the flight, boarding the aircraft; information about checked baggage and cabin baggage; time limits for making claims regarding the improper transportation of passengers and baggage; information on the prohibition of the transportation of certain items in checked baggage or in cabin baggage; rights of the passenger in case of denial of transportation, cancellation or long delay of the flight; address of the Airline whereon the passengers can send their requests; other information that the Airline considers necessary for the passenger.
        The terms of the contract of carriage that are attached to the ticket must not contradict the Montreal Convention, the Air Code of Ukraine and the Rules of the SAAU.
     4. The person is not entitled to the transportation by the flight, and the Airline or a person authorized by the Airline has the right to invalidate a ticket if:
        • the person will present a damaged ticket or a ticket in which modifications were made not by the Airline or its authorized sales agent;
        • it was found that the ticket was purchased using a fake/stolen or invalid payment card (credit card);
        • the person will not present a ticket containing a flight coupon for the corresponding flight, all other unused flight coupons, as well as the passenger coupon;
        • the error in the sequence of flight coupons usage took place due to the passenger’s fault;
        • the name of the passenger on whom the ticket is issued does not match the name of the passenger who presented it;
        • the ticket is falsified or counterfeit;
        • the ticket was purchased from a legal or natural person who is not a representative or Agent of the Airline;
        • tariff was applied incorrectly or the cost of air transportation not paid by the passenger in full on the day of air transportation through no fault of the Airline and/or the sales agent;
        • the person is not able to confirm that the electronic ticket was provided to him (her) properly (in the case of issuing an electronic ticket).
     5. The tickets held invalid because of the fault of the Airline shall be reissued if the passenger needs transportation. Tickets held invalid for a reason beyond the control of the Airline shall be withdrawn without reissuance. In all cases, the Airline or a person representing its interests draws up an act, the original of which is provided to the passenger, and the copy remains with the Airline.
     6. A person found on board an aircraft without a ticket or with a ticket that the Airline held invalid shall be disembarked.
     7. In the case of detection on-board of the person without a ticket an appropriate act shall be concluded, and authorized body for Civil Aviation the competence of which includes monitoring aviation security shall be reported about the case.
     8. The passenger is required to keep the ticket and other transportation documents until the end of the transportation, and in the event of a claim until the time of its resolution. A ticket and other transportation documents issued to the passenger must be presented on demand to the official representative of the carrier (airport operator, service agent, etc.).

     Lost or damaged ticket

     1. In case of loss or damage of the ticket (or a part of it) by the passenger, the Airline may, at the request of the passenger, replace such ticket (or part of it) by issuing a new ticket provided the passenger signs the agreement to reimburse the Airline in the amount of the original ticket cost for any losses incurred by the Airline in connection with the use of the original ticket by a third party. If the passenger does not sign such an agreement, the Airline, if it issues a duplicate ticket, has the right to require the passenger to pay full cost of the ticket. The Airline has the right to charge a passenger a fee for services of issuing a duplicate ticket, unless the loss or deterioration because of the negligence of the Airline (its agent). In case of loss or damage to the ticket of another carrier, a duplicate ticket is issued only with the written consent of such carrier.
     2. The Airline shall be entitled to refuse to issue a duplicate ticket to the passenger if:
        • the passenger did not sign the agreement provided for in paragraph 4.2.1 and refused to pay for the services for issuing a duplicate ticket;
        • the passenger requires the issuance of a duplicate ticket at the airport on the day of the flight, if less than three hours remain before the scheduled flight departure or in the hours when the office of the Airline, which must grant approval, is not working.

     Prohibition to transfer the ticket

     1. The ticket can be used only for transportation of the person whose last name and first name are shown in the ticket.
     2. The Airline has the right to demand the identification of the passenger in order to fulfill the requirements of paragraph 4.3.1.

     Validity of the ticket

     1. Validity of the ticket includes:
        • general validity period of the ticket;
        • validity period for transportation.
     2. The general validity period of the ticket entitles the passenger to use the ticket for all operations provided for in these Rules, including for obtaining a seat on a certain flight and date, reimbursement of the cost of fully or partially unused transportation and other payments established by these Rules.
     3. The general validity period of the ticket covers the period from the date of its issuance until the expiration of the period provided by the rules for applying tariffs of the Airline for a refund for an unused ticket.
     4. The ticket with a guaranteed date of departure gives the right to transport a passenger and his (her) baggage from the first airport indicated in it, the airport of transfer, stop or airport of return transportation only on the day and flight indicated on the ticket.
     5. The ticket with an open date gives the right to transport passenger and baggage from the corresponding airport only after making a reservation and entering the departure date, time of the departure, and flight number into the ticket by the Airline or its authorized person.
     The ticket issued according to a normal tariff is valid for transportation within one year from the date of commencement of carriage, if a part of the ticket is used, or from the date of issue, if the whole ticket is not used.
     6. The ticket issued according to a special tariff is valid for transportation only until the date indicated in the ticket, and subject to the conditions established by the rules for applying tariffs of the Airline.

     Prolongation of validity term of the ticket

     1. The validity of the ticket, regardless of the type of tariff applied, is extended if the Airline:
        • cannot provide a seat on a flight for which the passenger has a confirmed reservation;
        • cancels the flight for which the passenger has a confirmed reservation;
        • will not perform the flight within a reasonable time after the departure time indicated in the ticket;
        • by its actions caused the situation when the passenger does not have time to transfer to another connecting flight for which the passenger has a confirmed reservation and which is indicated in the same ticket as the previous flight;
        • cannot provide services in accordance with the paid class of service; in this case, if the passenger agrees to further transportation, the validity of his (her) ticket shall be extended until the first flight, on which there is a seat for such a passenger in a paid class of service;
        • as well as in case of illness of the passenger or the member of his (her) family who travels with him (her) on the aircraft, subject to the presentation of a corresponding certificate from a healthcare institution.
     2. If the passenger after the commenced of the trip cannot continue it during the period of validity of the ticket for transportation because of an illness or other circumstances, the Airline extends the validity of such a ticket until the time when the passenger can continue the journey, or until the first flight of the Airline which has a seat in paid class of service after such a date and from the point where the journey was interrupted. The fact of illness or other circumstances must be confirmed by the corresponding certificate of the healthcare institution. In such a case, the Airline may also extend the validity of tickets of the persons accompanying such a passenger.
     3. In case of a death of spouse or a family member of the passenger who has not started the trip, or in the event of the death of the passenger on the route, persons accompanying the passenger can extend the term of tickets, as well as the period of the minimum stay at the event point. The prolongation of validity of tickets should be carried out after receiving an appropriately issued death certificate and for a period not exceeding 45 days from the date of death of the passenger.
        When applying these Rules, family members of an individual are considered to be: his (her) spouse, his (her) parents and parents of his (her) spouse, children of individual and his (her) spouse, including adopted children, guardians, grandparents, relatives brothers, sisters, grandchildren and other dependents recognized by law. The Airline may also expand the list of persons belonging to the family members of the deceased passenger.

     Sequence of flight coupons

     1. The Airline shall accept flight coupons only in sequence, starting with the first airport of departure indicated in the ticket.
     2. The ticket in which the passenger violated the sequence of used flight coupons through no fault of the Airline or its authorized agent (sales and/or service) is declared invalid.
     3. The passenger coupon and all unused flight coupons that have not previously been returned to the Airline remain with the passenger during the trip and should be provided to the Airline upon request. In case of violation of the sequence of flight coupons because of the fault of the passenger, the Airline has the right to deny transportation and refuse to refund the cost of unused flight coupons.
     4. If the passenger refuses from transportation on one of the segments of the route, which leads to the violation of the order of usage of flight coupons, and is willing to use other segments of the route or return flight, then the passenger must inform the Airline about this and reissue the ticket.

     Class of service

     1. The Airline provides the passenger with servicing according to the class of service paid by him (her). The Airline (its sales agent) informs the passenger when making reservation and/or issuing a ticket about the service available in the respective class.
     2. The passenger is accepted for transportation in the service class specified in the flight coupon, on the date and the corresponding flight for which the passenger has a confirmed reservation.
     3. If the ticket is issued without a confirmed reservation (the booking status is different than “OK”), the seat will be reserved at the request of the passenger during the check-in procedure, in case of availability of such a seat in the paid class of service on the corresponding flight. If there is not enough time to make a reservation, the passenger can be accepted for transportation without making a reservation.
     4. The Airline has the right to raise or lower the class of service for both technical and commercial reasons. In the case of lowering the class of service, the Airline should inform the passenger as soon as possible and offer appropriate compensation, taking into account the provisions of chapter 16.5 of these Rules.

     Terms and conditions for submitting tickets in order to refund the paid amount

     1. The ticket may be submitted to the Airline for refund the amount paid for partially or completely unused transportation, if such a refund is permitted by the rules for applying tariffs of the Airline:
        • prior to transportation, or
        • during the validity period of the ticket for transportation, or
        • within 30 days after the expiration of the validity of the ticket for transportation.
        
        The Airline taking into consideration the circumstances that made it impossible to submit a ticket for a refund operation may extend this period.
     2. The refund for unused tickets is subject to the requirements of the rules for applying tariffs established by the Airline.
     3. The expiration of the period specified in chapter 1 of this clause shall not deprive the passenger of the right to file a claim with the Airline in accordance with section 28 of these Rules.

     Abbreviations

     1. The name of the Airline may also be given on the ticket (itinerary receipt) in the form of the IATA code of the Airline (PQ) or ICAO code of the Airline (SQP).
     2. The Airline (its sales agent or service agent) shall provide the passenger when making reservation (check-in) information regarding the full name of the Airline indicated in the ticket in the form of a code:
     
     PQ – IATA code of the Airline;
     SQP – ICAO code of the Airline.

  5. STOPOVER OR AGREEMENT ON STOPPING PLACES

     A stopover is allowed only under condition that it is previously agreed with the Airline and is indicated in the ticket.

     If the passenger has a ticket issued at the normal tariff, stopovers during the validity period of the ticket shall be permitted at any point along the route.

     If the passenger holds a ticket issued according to a special tariff and makes a stopover, the passenger may be charged extra fee for this.

  6. TARIFFS AND CHARGES

     • 6.1. Applicable tariffs are the tariffs approved and published by the Airline or on behalf of the Airline (or if not published, calculated in accordance with the tariff standards of the Airline) for the flight or flights from the point of departure to the point of destination indicated in the ticket, which are valid for the respective class of service as of the day of payment for the ticket. Each tariff provides the rules of its application, which establish the validity term of the ticket, the application of tariff and refund of amounts for the unused part of the transportation, other conditions, and may include surcharge(s) to the tariff which are its integral part. The rules for applying tariffs shall be approved by the head of the Airline and are posted on the website of the Airline ( https:www.skyup.aero ) and are available to passengers for review.
     
     
     • 6.2. The tariffs do not include transport services between airport terminals and between airports and city terminals.
     
     
     • 6.3. Airport charges (taxes) for the provision of services to passengers when servicing them at the airport shall be established and approved in accordance with applicable law and published in a form accessible to getting acquainted.
     
     
     • 6.4. Airport charges (taxes), taxes and levies established by the state of the airport of departure/destination, charges (taxes) of the Airline are not included in the tariff, and together with the tariff comprise the full cost of transportation. The Airline and the sales agent collect payment for arranging the air transportation and for performing the refund. The fee for the operation of registration of the transportation is not included in the cost of ticket and is paid separately.
     
     
     • 6.5. Airport charges (taxes), taxes and levies established by the state of the airport of departure/destination, charges (taxes) of the Airline established for using any services or equipment may be included in the cost of transportation or be paid separately with the provision of the document confirming the payment for these services.
     
     
     • 6.6. The tariffs, charges (taxes) for air transportation to/from and within Ukraine are published by carriers and airports in ARS/GDS in the currency approved by the authorized body for Civil Aviation and agreed with the IATA Conference on tariff policy coordination.
     
     
     • 6.7. Payments on the territory of Ukraine for the services of air transportation are carried out in accordance with the current legislation of Ukraine. The exchange rate is set in accordance with the current legislation of Ukraine.

  7. RESERVATION OF AIR TRANSPORTATION OF PASSENGERS, BAGGAGE

     Reservation requirements

     1. Reservation a seat on the aircraft and transportation capacity for the transportation of excess baggage for a certain flight and date is a prerequisite for the transportation of passengers and excess baggage by air transport.
     2. ARS/GDS shall be used for reservation. It is possible to reserve places and tonnage using stationary and mobile communications, the Internet, specialized self-service machines, etc. Basic condition for the usage of such methods of reservation is reflection of the conducted reservation in the reservation system of the Airline.
     3. Bookings are made within the terms and in the order established by the carrier and published on its Internet site or in another way determined by the carrier. Entering passport data of the passenger to the reservation is carried out in accordance with applicable law and international treaties of Ukraine.
     4. The Airline or its sales agent that made the reservation shall inform the passenger (or his (her) representative) about the conditions for applying the tariff according to which the reservation was made, the terms of payment and ticket issuance, and about changes in the schedule as soon as possible. The passenger making a reservation using the website must check the specified information himself (herself). The Airline must enter information about changes in the flight schedule into the ARS/GDS no later than 8 hours before departure. Otherwise, the sales agent is not responsible for timely informing the passenger about changes in the airline's flight schedule.
        The Airline is responsible for informing passengers in the event of changes in the schedule less than 8 hours in advance.
     5. Until the passenger (his (her) representative) has paid the full cost of the transportation, the reservation is considered preliminary and, if necessary, can be canceled with a notice to the passenger.
     6. If the passenger (his (her) representative) has not paid the cost of transportation within the period determined by the Airline (its sales agent), the reservation will be canceled without notice to the passenger.
     7. If the passenger has not arrived on the flight (for check-in or boarding an aircraft - “NO-SHOW”) for which he (she) has a confirmed reservation and fails to inform the Airline about changes in his trip prior to check-in, the Airline has the right to cancel the reservation for the next segments of the route or the return flight.

     Passenger’s personal data

     1. During the reservation the passenger shall provide the Airline or its sales agent with the necessary information about his (her) personal data and special conditions of transportation. In addition, during reservation the passenger is obliged to provide the Airline or its sales agent with reliable information regarding 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, if this fact is documented by the Airline and the communication company, the passenger is responsible for the consequences of untimely notification and informing about changes in transportation. Entering the contact details of the sales agent instead of passenger’s contact details is prohibited. The sales agent is responsible for the absence of the necessary personal and contact details of the passenger upon the reservation.
     2. If the passenger refuses to provide necessary for reservation information the reservation shall not be made.
     3. Protection and processing of the passenger’s personal data when making the reservation for air transportation is carried out in accordance with the legislation of Ukraine and the country of destination of air transportation.
     4. By providing own personal data during reservation, the passenger thereby authorizes the Airline and provides consent to personal data processing, storage and transfer to third parties for the purpose of reservation or reissuance of the transportation, servicing flights and passengers, receiving additional services, arrangement of baggage search and warning/detection of fraud with transportation documents, providing information assistance regarding entry/departure along the route of transportation, and passenger escorting.

     Providing a seat

     1. Reservation of a seat may be made either with or without allocation of the specific seat for the passenger on board an aircraft.
     2. The Airline has the right to change the given seat even after the boarding of the passenger for safety and technical reasons.
     3. If a ticket is issued with the open date of departure, seat reservation is carried out on a common basis, subject to availability of seats on the flight.
     4. If the passenger has a ticket with an open date of departure and asks for a seat, and the Airline does not have such an opportunity, the Airline or the authorized sales agent should propose to the passenger to make a reservation for the next flight with available seats.
     5. The priority and out-of-order right for seat reservation on the flight is determined in accordance with the current legislation of Ukraine. The Airline may make additions to the list of persons that have the priority and extraordinary right for the seat.
        Extraordinary priority to obtain the seat on the flight is available to:
     6. war invalids of 1-3 groups;
        disabled workers of 1-2 groups;
        persons who participated in the war;li>
        passengers with children under 3 years old, as well as passengers with two or more children under 8 years;
        “VIP” persons.

     Reconfirmation of the return flight reservation

     1. The Airline has the right to require the passenger to reconfirm the return flight. Flights on which the procedure for confirming the return flight is introduced are established by the Airline. The passenger must be informed about the necessity to confirm the return flight.
     2. Reconfirmation of the return flight is not required if the return flight is expected to be completed less than 72 hours or the flight reservation was made less than 72 hours before the scheduled departure time. If the passenger has several segments of the flight route, confirmation is carried out for each segment.
     3. The Airline is obliged to inform the passenger when and how his reconfirmation can be done. If the passenger does not meet the requirements of the Airline regarding reconfirmation of the reservation, the Airline has the right to cancel the unconfirmed reservation but not earlier than 72 hours before the scheduled departure time of the flight.

     Reservation and sale of the transportation via the Internet

     1. It is possible to reserve the ticket online using the websites www.skyup.aero ) or sales agents.
     2. Placing an order is the confirmation that the user agrees to the terms of the carriage contract, is familiar with the Rules and conditions of the Airline, as well as the conditions for applying tariffs.
     3. Placing an order is the confirmation that the user agrees to the terms of the carriage contract, is familiar with the Rules and conditions of the Airline, as well as the conditions for applying tariffs.
     4. The passenger cannot independently cancel the paid and issued reservation via the Internet. This operation is carried out by the Airline or sales agent provided that the passenger filed an application a refund application.
     5. The Airline and its sales agent, through the website whereof the reservation was made, are obliged to inform the passenger in a timely manner about the changes in the reservation made by the Airline. The Airline must make information about changes in the reservation to the ARS/GDS no later than 8 hours before departure. Otherwise, the sales agent is not responsible for timely informing of the passenger about changes in the reservation.

  8. PASSENGER SERVICING

     Passenger servicing at the airport

     1. The airport operator or service agent provides passengers at the airport with visual and/or acoustic information regarding:
        • time of departure and arrival of the aircraft;
        • place, start and end time of check-in for the flight;
        • delays or cancellations of the flights and the reasons for delays and cancellations;
        • methods and routes of transition between the airport terminals or routes of transition between airports and from the airport to the city;
        • rules and procedure for conducting inspection for aviation security of passengers and baggage, their cabin baggage cabin baggage;
        • general rules for passengers to comply with requirements related to border, customs, immigration, sanitary and epidemiological, veterinary, phytosanitary and other types of control in accordance with applicable laws;
        • location of the baby care room, law-enforcement bodies station, information desk, medical center, dressing room, etc.;
        • place of baggage receipt and actions to be taken by the passenger in case of delay, damage, destruction of the baggage.
     2. All announcements in the airports of Ukraine should be made in Ukrainian and English. At international airports announcements are additionally made in English and/or the language of the country from/to which the flight is performed.
     3. At the airport the Airline or service agent shall provide:
        • check-in of passengers and baggage registration for transportation;
        • ground transportation of passengers and their baggage to the aircraft parking lot and arranges boarding of the passengers and loading of their baggage on board of the aircraft;
        • organization of disembarkation of passengers from the aircraft and unloading of baggage, their ground transportation to the corresponding airport terminal of arrival and baggage dispensing;
        • notification regarding flight delay/cancellation no later than 10 minutes before the aircraft arrival time according to the schedule.
     4. Beginning and ending of check-in time for passengers and baggage, the boarding time is set by the airline taking into account the security procedures and may differ depending on the airport of departure and arrival.
        
        Start and end time of passenger registration and boarding at an airport located on the territory of Ukraine:
        • registration starts 2 hours 30 minutes before departure time;
        • end of registration 45 minutes before departure time;
        • time of boarding of passengers on board the aircraft: 20 minutes before departure time.
        The start and end time of passenger registration and boarding at airports outside Ukraine is set by the Airline taking into account the characteristics of the airport and noted on the website www.skyup.aero
     5. The start and end times of check-in and boarding the aircraft are indicated in the ticket or in another document which is provided to the passenger when selling the ticket.

     Passenger servicing on board of the aircraft

     1. he Airline shall provide the passengers on board the aircraft with a range of services, depending on the type and arrangement of the aircraft, flight duration, time of the day whereby the flight takes place, and the class of service indicated in the ticket. The scope of services and the procedure for their provision are determined by these Rules.
     2. The Airline provides:
        • equipping of the passenger cabin of the aircraft with technical means and systems for ensuring passenger safety, maintaining appropriate temperature in the cabin, means of individual use for passengers (individual lighting, fan, table for meals, seat belt system, oxygen masks, etc.);
        • maintaining proper sanitary and hygienic condition of the aircraft cabin;
        • serviceability and completeness of the equipment, inventory and passenger handling facilities;
        • availability of seats for passengers with children;
        • possibility to accommodate people who are transported on a stretcher, and passengers with disabilities or reduced mobility (if provided for by the aircraft structure);
        • services that create comfort and match the duration of the flight.
     3. The Airline on board the aircraft has trained personnel in sufficient numbers to provide passenger services, including the first aid provision, as well as to ensure flight safety in accordance with the current standards and rules of Civil Aviation of Ukraine.
     4. The Airline provides the following free-of-charge services on board of the aircraft:
        • assistance to the passengers during boarding or deplanement from board of the aircraft (searching for the seat, placing cabin baggage, etc.);
        • information and reference services – timely and reliable informing of the passengers about the rules of behavior on board an aircraft, services (paid, free), flight conditions, use of rescue equipment, locations in the aircraft cabin of personal protective equipment and inflatable ramps, the location of the main and emergency exits, conditions for leaving the aircraft in emergency situations;
        • first aid
        • usage of toilet rooms
        • provision of drinking water on request of the passenger.
        
        The Airline is obliged to inform passengers about the services provided on board the aircraft for free and the procedure for their provision immediately after the start of the flight.
     5. Passenger servicing on board the aircraft can be carried out in the following classes:
        • first;
        • business;
        • premium or comfort (improved economy);
        • economy class.
     6. Food and hot drinks are provided on board of the aircraft in accordance with the standards established by the Airline and according to the order for food and hot drinks paid for by the passenger.
     7. The Airline may provide the passenger with additional services during the flight. The list of additional services, the procedure for their provision and payment are established by the rules of the Airline. The Airline informs passengers about additional services by placing of the corresponding information on own website ( www.skyup.aero ).
     8. To provide first aid during the flight the Airline has on board the aircraft first aid kits in the following quantity:
        • the number of passenger seats from 0 to 99 – 1 unit;
        • the number of passenger seats from 100 to 199 – 2 units;
        • the number of passenger seats from 200 to 299 – 3 units;
        • the number of passenger seats from 300 and more – 4 units

     Quality requirements to the services that are provided to the passengers on board the aircraft depending on the service class

     1. Passenger servicing in the cabin of the first and business class is provided in a separate cabin which is located in the nose of the aircraft.
        The layout of the cabin of the first and business class depends on the type of aircraft being operated. The number of seats in the cabin of the first and business class depends on the layout of the specific aircraft.
     2. Premium class (comfort class) is a superior comfort class in which the service standards (food and baggage transportation standards) are higher than the service standards in the economy class. The premium class (comfort class) cabin is equipped with the seats provided for the economy class cabin.
     3. The premium class (comfort class) cabin is separated from the business class cabin and the economy class cabin by a partition (hard or soft).
     4. The economy class cabin is located behind the business class cabin or the premium (comfort) class cabin if available. Passengers are accommodated in the passenger cabin with standard seats.
     5. All the types of additional services are provided without sacrificing safety and compulsory services.
     6. The provision of services to provide passengers with food should be carried out with the strict observance of food storage time.

     Safety requirements on board the aircraft

     1. The aircraft shall be equipped with the necessary set of emergency equipment and means for emergency evacuation of the passengers in an emergency situation.
     2. It is prohibited to take on board the aircraft packing materials, inventory and equipment for which no sockets, racks or special fasteners are provided.
     3. The maximum number of persons on board the aircraft must not exceed the number of seats and chairs equipped with seatbelts.
     4. Before take-off, landing and in special cases passengers shall fasten their seat belts, and flight attendants shall control fastened position and belt tension of each passenger. Children under two years transported without a separate seat shall be placed on the lap of an adult passenger, who has to hold them tightly in hands and fix by special belts that are fixed to the adult's seat belt.
     5. On each flight attendants shall:
        • timely and correctly inform the passengers about the location of emergency equipment and the rules of its use;
        • familiarize the passengers with safety instructions;
        • thoroughly inspect all passenger areas of the aircraft in order to detect foreign objects;
        • during the reception and accommodation of the passengers on board the aircraft, carefully comply with the requirements of centering, prevent the placement of bulky items on baggage racks and the placement of any items in the aisles, near the entrance doors and emergency exits;
        • during the flight in the turbulence zone, require passengers to be in the seats with seat belts fastened;
        • in extreme situations, maintain composure, confidence in their actions and in themselves; the actions of the cabin crew should be clear, the voice should be calm, the words should be convincing;
        • before boarding and disembarking passengers check the correct installation of the plane ladder;
        • before takeoff and landing of the aircraft check the installation and the reliability of fastening of equipment and inventory;
        • not allow passengers to walk along the cabin during turning off the "Fasten seat belts" panel.
     6. Cradles for infants must be installed after the aircraft takes off and the "Fasten seat belts" sign is turned off and removed no later than the "Fasten seat belts" sign is turned on before the aircraft lands (if provided by the aircraft design).
     7. The Airline shall ensure safety in the cabin, proper and reliable placement of cabin baggage, baggage, removable equipment, soft equipment and service facilities.

  9. TRANSPORTATION OF SOME CATEGORIES OF PASSENGERS

     Transportation of passengers with disabilities or with reduced mobility

     1. The Airline and the sales agent are not entitled to refuse to reserve a seat for persons with disabilities or reduced mobility, except as specified in paragraph 9.1.2.
        The Airline and the service agent are not entitled to refuse persons with disabilities or reduced mobility boarding the aircraft in the presence of valid ticket and reservation, except as specified in paragraph 9.1.2.
     2. The Airline, sales agent, service agent may refuse a person with disability or reduced mobility to confirm a reservation, boarding the aircraft, and also require that such person be accompanied by another person who can provide him (her) with the necessary assistance:
        in order to comply with safety requirements established by international law, legislation of Ukraine, and safety requirements established by the authority that issued this operator certificate;
        if the size of the aircraft, its doors makes it impossible to board the aircraft or transport the passenger with disability or reduced mobility.
        
        In case of refusal to confirm the reservation for the reasons specified in this paragraph the Airline, sales agent must first of all make every effort to offer such a person an acceptable alternative variant of transportation.
     3. The Airline should first of all offer to refund the cost of the ticket or change the route in accordance with paragraph 16.2.2 of these Rules to the passengers with disability or reduced mobility who were denied boarding the aircraft for the reasons specified in paragraph 9.1.2 of this chapter, as well as to any person who accompanies a passenger with disability or reduced mobility. Reimbursement is not paid in this case. The right to return flight or change of the route is provided subject to all safety requirements.
     4. The Airline, the sales agent are obliged to publish on its website ( www.skyup.aero ) in Ukrainian and English, as well as, if necessary, in other languages, the safety rules, rules of accompaniment and conditions of transportation of passengers with disabilities or reduced mobility, as well as any restrictions regarding their transportation or transportation of mobile vehicles, taking into account the technical capabilities of the aircraft.
        The tour operator and the sales agent shall inform the passengers about the safety rules, rules of accompaniment and restrictions for flights included in complex travels, tours, which it organizes and/or offers for sale.
     5. If a person with disability or reduced mobility is refused a reservation or boarding an aircraft for the reasons specified in paragraph 9.1.2, the Airline, sales agent or service agent should immediately inform such a person about the reason for the denial and at the request of the person, who is refused a reservation or boarding the aircraft, within five business days from the date of receipt of the request to provide an additional written notification about the reasons for the refusal.
     6. The airport operator together with airport users and with the involvement of organizations representing the interests of the persons with disabilities or reduced mobility have to determine the location of arrival and departure points to/from the terminal building or terminal within the airport where passengers with disabilities or reduced mobility could freely inform about their arrival and request assistance.
        Departure and arrival points may be located in one or in different places.
        General information about services, location of servicing points etc. in the format comprehensible for passengers with disabilities or the passengers with reduced mobility has to be placed in the determined locations of the points of arrival and departure.
     7. In order to ensure the rights of passengers with disabilities or reduced mobility while using air transportation services, airport operators and the Airline should create groups (services) to assist people with disabilities or reduced mobility.
        Such groups (services) can be either permanent (for example, at airports with a large volume of transportation of passengers with disabilities or reduced mobility), or temporarily (organized from the number of shift workers for specific cases of servicing passengers with disabilities or reduced mobility)
     8. Before the beginning of the trip, the passenger is obliged to decide on the possibility of using air transport, taking into account his (her) health condition. The Airline should provide the relevant flight information in a comprehensible for the passenger form.
     9. The Airline and sales agents shall take all necessary measures to ensure the provision at all points of sale, including when selling by telephone and mobile phone, the Internet, information on assistance to passengers with disabilities or reduced mobility provided by the Airline, the conditions and order of such assistance.
        The sales agent, having received a request regarding the necessity of provision of assistance to a person with disability or reduced mobility, should send such a request to the Airline within 24 hours from the receipt of the request.
     10. A request for assistance in transporting a person with disability or reduced mobility must be sent by the sales agent who received the request, or by the passenger (his (her) representative) to the Airline no later than 48 hours before the announced departure time of the flight. The Airline must transmit the relevant information not later than 36 hours before the announced departure of the flight:
         • to the airports of departure, arrival and transit;
         • to the operating carrier, if such a carrier has not made a reservation.
         
         In all cases other than those specified in this paragraph the Airline and its sales agent must convey the information as soon as possible.
         If the event which caused loss of mobility occurred less than 24 hours before the departure or the request for assistance was not made during the reservation, the issue regarding the possibility of transporting of the person who has lost mobility is resolved promptly using the phone numbers that are posted at the website of Airline (www.skyup.aero).
     11. After departure of the flight, the Airline or service agent should as soon as possible send a message to the destination airport about the number of passengers with disabilities or reduced mobility on the flight, informing about the necessary assistance.
     12. If a passenger with disability or a passenger with reduced mobility arrives at the airport for the purpose of making the air transportation for which he (she) has a reservation, the airport operator must ensure providing of the assistance specified in paragraphs 9.1.18, 9.1.19, provided that a request for assistance during transportation of persons with disabilities or reduced mobility was sent to the Airline at least 48 hours before the departure time of the flight indicated in the ticket.
         The request for assistance in transporting a passenger with disability or reduced mobility applies to the return flight if the agreement has been concluded with the Airline for the departure flight and the return flight, and the passenger has to be notified about it.
     13. If it is necessary to use a guide dog or other service animals the Airline should provide transportation of a passenger with disability or reduced mobility together with a guide dog or other service animals. The passengers that are accompanied by the guide dog are placed in areas where there is plenty of space for a guide dog, not far from the emergency exit. Guide dogs and service animals are transported free of charge.
     14. In case of failure to deliver the request on assistance in transporting a person with disability or reduced mobility the airport operator should take all possible measures to provide the necessary assistance specified in paragraphs 9.1.18, 9.1.19.
     15. The provisions of paragraph 9.1.12 are applied provided that the passenger with disability or reduced mobility was present at check-in at a time determined by the Airline (tour operator), and the passenger was informed about this time in the written (including using electronic means), or no later than one hour before time of the departure of the flight indicated in the ticket.
         The provisions of paragraph 9.1.12 are also applied if the passenger arrives to the place designated for servicing passengers with disabilities or reduced mobility within the airport:
         • at the time determined by the Airline (tour operator), service agent servicing the flights of the Airline, and the passenger was informed about it in written (including using the electronic means); or
         • not later than two hours before the departure time of the flight that is indicated in the ticket if it was not informed about the time of arrival to the airport.
     16. If the passenger with disability or reduced mobility makes a transfer at the airport located on the territory of Ukraine, the airport operator or the service agent who provides services for the Airline at the transit airport should provide the assistance specified in paragraphs 9.1.18, 9.1.19.
     17. The assistance during the transportation of passengers with disability or reduced mobility specified in paragraphs 9.1.18, 9.1.19 must meet the needs of such persons and is provided free of charge by the airport operator.
     18. The airport operator or the service agent should ensure that the passenger with disabilities or reduced mobility is able to:
         • inform about his (her) arrival to the airport, including using the “call button” or communicating device in the accessible place and on the most comfortable for such passengers level, and to request assistance in the determined places within and outside the buildings of the airport terminal;
         • move from the determined point to the check-in desk;
         • check-in and register the baggage;
         • move from the check-in desk to the aircraft with completion of migration, customs and other formalities;
         • board the aircraft/disembark from the aircraft using elevators, wheelchairs, cabin wheelchairs or other necessary support;
         • move from the doors of the aircraft to his (her) seat;
         • store and retrieve baggage in the aircraft cabin;
         • move from his (her) seat to the doors of the aircraft;
         • move from the aircraft to the baggage claim terminal and to get baggage with completion of migration and customs formalities;
         • move from the baggage claim terminal to a determined control point;
         • move to the exit for boarding a connecting flight in case of transit with assistance in the air and on the ground, and also, if necessary, within and between the airport terminals;
         • if necessary, move to the toilet room within the terminal;
         • obtain the necessary for flights information in acceptable formats;
         • carry out temporary replacement of damaged or lost mobile means on a similar basis.
         Also, the airport operator must provide servicing of guide dogs if necessary.
     19. The airport operator or the service agent should ensure the servicing of all necessary mobility devices, including wheelchairs with electric drive, subject to the advance notification 48 hours prior and taking into account possible space restrictions on board the aircraft and in accordance with ICAO, IATA and the legislation of Ukraine in the field of dangerous goods transportation.
     20. If the passenger with disability or reduced mobility is assisted by the person accompanying him (her), such a person should be given the opportunity to help the passenger with disability or reduced mobility at the airport during boarding and disembarking from the aircraft.
         The Airline must provide the passenger who accompanies the passenger with disability or reduced mobility with a seat on board the aircraft, which is located next to the seat provided to the person who is accompanied
     21. The Airline must provide transportation of up to two units of mobile vehicles per each passenger with disability or reduced mobility, including wheelchairs with electric drive, subject to the advance notification 48 hours prior and taking into account possible space restrictions on board the aircraft, and in accordance with ICAO, IATA and the legislation of Ukraine in the field of dangerous goods transportation.
     22. To meet safety requirements, passengers with disabilities or reduced mobility are located in the aircraft cabin near the emergency exit so as not to impede the quick evacuation of passengers from the aircraft.
         The Airline must provide assistance to such passengers while traveling in the cabin of the aircraft.
     23. If wheelchairs, other mobile vehicles or assistive devices were lost or damaged during servicing at the airport or during transportation on board the aircraft, the passenger who owns such equipment is entitled to receive reimbursement for the cost of such property.
     24. The obligation to the passenger with disability or reduced mobility in accordance with the provisions of this chapter may not be limited or not fulfilled.
     25. The Airline is not responsible for aggravation of passenger's health state or other consequences that may occur due to the passenger's age, his (her) mental or physical condition during boarding/disembarking to/from the aircraft, during the flight or after air and ground transportation within the airport.
     26. The passenger whose physical condition causes concern to the Airline is allowed to travel by air in the case of presentation of the relevant certificate from a health care institution stating that his (her) physical condition allows him to travel by air, and in some cases that his (her) disease does not pose a danger to others. Such a certificate must be issued no later than 5 days before the date of the planned departure.
     27. Seriously ill passengers and passengers on a stretcher should be transported only if accompanied by a person who provides care for such a passenger during the flight, and with the provision of seat (seats) on board the aircraft with payment at the tariff set by the Airline.
     28. If the passenger cannot be moved from the stretcher to the seat during the flight, the possibility of transportation is determined beforehand by agreement between the Airline and the person who accompanies the passenger on a stretcher.
     29. he Airline has the right to refuse to transport the passenger on a stretcher in the absence of aircraft conditions necessary for his (her) transportation.
     30. Air carriers, airport operators and service agents should ensure that their personnel providing assistance to persons with disabilities or reduced mobility are adequately qualified.
     31. Whenever possible, the Airline, airport operators and service agents shall determine a separate check-in desk for persons with disabilities or reduced mobility. If possible, the personnel of these subjects of airport activity should undergo appropriate training, including sign language, in particular international language.
     32. Assistance must be provided to passengers with disabilities or with limited mobility, without degrading the dignity of the individual, and ensure that this category of passengers receives the services provided for all categories of passengers, taking into account the requirements of flight safety, aviation safety and safety equipment on board the aircraft. Services for the transportation and service of passengers with disabilities or with limited mobility must be adapted to the needs of such passengers and provided taking into account the instructional material given in the Manual on Access to Air Transport by Persons with Disabilities (Doc 9984).

     Transportation of children and pregnant women

     1. Infants (INF) under 2 years old and children (CHD) from 2 to 12 years old are considered to be children on air transport.
     2. Children under 2 years old are transported without a separate seat, and children from 2 to 12 years old are transported on a separate seat.
     3. Children can be transported both accompanied and unaccompanied by an adult passenger, subject to compliance with the requirements specified in paragraphs 9.2.4 - 9.2.9.
     4. In the category of “unaccompanied minors” are being registered children from 5 to 12 years old for domestic and international transportation.
     5. At the request of the child's parents or persons performing their duties, under the "unaccompanied minors" category, children between the ages of 12 and 14 can be registered for domestic transportation, and children between the ages of 12 and 16 for international transportation. In the case of transfer transportation, where there is an international segment, children aged 12 to 16 can be registered.
     6. The age of the child shall be determined at the start date of transportation from the airport of departure indicated in the ticket.
     7. Unaccompanied children shall be accepted for air transportation in case their parents or persons performing their duties complete the appropriate duly executed documents and pay for the services as defined by the Airline rules.
        
        An airline that transports an unaccompanied child shall enter the following information in the accompanying documents:
        - surname and first name(s), passport or identity document number, as well as contact information (country of residence, home address and telephone number) of the child being transported unaccompanied, the person who sends such a child on departure and the person, who meets the child at the destination;
        - surname and first name(s), as well as contact information (country of residence, home address and phone number) of one of the parents or the person performing their duties.
     8. Each adult passenger is allowed to carry with him (her) no more than two babies – one without providing a separate seat, and the second on a separate seat, with payment for such transportation according to the tariffs established by the Airline for transporting of children aged from 2 to 12 years. The infant the separate seat for whom was paid should be transported in a car seat for transporting children certified for use in air transport. If the passenger does not have such a car seat and if he (she) does not fulfill the specified conditions, the Airline has the right to refuse to transport the infant in a separate seat.
     9. Passengers with children under 2 years old are provided with seats equipped with an additional oxygen mask.
     10. Pregnant women may be accepted for transportation by air, if the term of pregnancy does not exceed 35 weeks, and in the case of multiple pregnancy – 32 weeks.
     11. The conditions for the carriage of pregnant women, lying-in women and newborns are determined by the rules of the Airline posted on the website ( www.skyup.aero ).
     12. It is not recommended to transport lying-in women and newborns during the first 7 days after labor and birth of the child. The Airline may prohibit the transportation of this category of passengers.

     Transportation of deported persons and persons who are denied the right to enter the country.

     1. The Airline is not responsible for the refusal of state authorities to provide the passenger with permission to enter the country.
     2. The passenger must, at the request of the Airline or state authorities, return to the point of departure or another location in the case of refusal to enter a country, regardless of whether this country is the destination or transit, and also pay the appropriate cost of return transportation.
     3. The Airline may use for payment for such transportation any funds from amounts previously paid to it by the passenger for the unfulfilled transportation remained at its disposal, or from any other funds of the passenger that are at the disposal of the Airline.
     4. Amounts paid by the passenger for transportation to a point where he (she) was refused entry or deported from the country of destination are non-refundable.
     5. The cost of a ticket for the transportation of deported persons shall be paid by the state authorities of the country that decided to deport such persons to the country the deportation to which is carried out.
     6. State bodies that have made a decision regarding the transportation of potentially dangerous passengers on passenger flights of air transport, in accordance with the established procedure, notify the Airline at least 48 hours before departure.
        
        The Airline must be provided with all the information concerning the presence on the flight of potentially dangerous passengers that are forced to use air transportation. When transporting persons in custody on board the aircraft the appropriate entries must be made in the flight documents.
     7. The Airline has the right to refuse to transport deported persons in accordance with chapter 11.1 of these Rules, if there are no documents necessary for transportation or there is reason to believe that deportees can pose a threat to the life and health of other passengers or cause damage to the flight safety.
     8. Potentially dangerous passengers are not accepted for carriage on flights carrying: groups of children; persons who are protected by the state in accordance with the Law of Ukraine "On state protection of state authorities of Ukraine and officials", officials of foreign countries who, according to the protocol of their stay in Ukraine, are subject to state protection.
     9. Delivery and boarding of these categories of passengers is carried out before the general boarding of the passengers; disembarkation is carried out after the disembarkation of all other passengers of the flight.
     10. It is forbidden to serve these categories of passengers with alcoholic beverages and provide them with metal cutlery and hot meals.
     11. The seats for these categories of passengers are provided only in the tail section of the passenger cabin of the aircraft. If possible, potentially dangerous passengers should be separated from the other passengers by one or more rows of free seats.
     12. Potentially dangerous passengers are not accepted for transportation according to the decision of the Airline.
     13. Potentially dangerous passengers are not accepted for transportation according to the decision of the Airline.
         • the relevant state authority that carries out deportation (departure) at least 24 hours before the flight has informed and provide the Airline with sufficient information about the deported persons (flight number, number of deportees, reasons for deportation, presence of deportees brought to criminal responsibility, presence of infectious and mentally ill patients and a list of officials accompanying these deportees);
     14. Deportees are accepted for transfer air transportation, only provided that:
         • reservation of transportation is confirmed on all sections of the transfer route;
         • transfer is not connected with the transfer/relocation of deportees to another terminal or airport;
         • transfer is not connected with an overnight stay at the transfer point, the minimum connection time for flights cannot be less than that expected for this airport and has to take into account additional time for transportation and accommodation of such persons at the transfer point for another flight.
     15. It is forbidden to separate deported families during the transportation. In case of transportation of large deported families, it is allowed to exceed the maximum number of civilian deportees per flight.
     16. Number of persons in custody who are accepted for transportation should not exceed one per flight and they should be escorted by at least two security guards (authorized persons of the relevant state body).

  10. CHECK-IN FOR PASSENGERS AND BAGGAGE REGISTRATION

      • 10.1. For transportation of passengers and baggage the Airline or service agent, in accordance with the carriage contract, ensures the check-in for passengers and baggage registration using automated departure control systems (DCS), with the exception of airports (runways) that are not equipped with automated departure control systems.
        
        Registration at the airport is free of charge if:
        • this is stipulated by the rules of application of the tariff according to which the ticket was purchased;
        • you cannot check-in using the Airline's website www.skyup.aero or using a self-service kiosk.

        Otherwise, the Airline may charge an additional fee for registration at the airport.
      
      
      • 10.2. The passenger shall be accepted for transportation, if he (she):
        • has the properly issued ticket;
        • presents one of the documents referred to in chapter 5 of this section;
        • meets the requirements of immigration and customs control;
        • passes aviation security control;
        • follows the rules of the Airline.
      
      
      • 10.3. The end time for passenger registration and baggage check-in at Ukrainian airports is set by the Airline's rules and is 45 minutes before the scheduled flight departure time. The time of the end of passenger and baggage check-in at airports outside Ukraine is set by the Airline taking into account the characteristics of the airport and noted on the website www.skyup.aero. The check-in time on the website of the Airline is set taking into account the time required to deliver (arrive) the passengers and baggage to the airport of departure, to board (load) the aircraft and to go through the administrative procedures and requirements necessary before the flight related to border, customs, sanitary-epidemiological, veterinary and sanitary, phytosanitary and other types of control in accordance with the legislation of Ukraine.
      
      
      • 10.4. In order to comply with the formalities related to the dispatch procedure, the passenger should arrive to the check-in point of the Airline and to the security checkpoint with the documents necessary for travel no later than the time stated by the Airline (its sales agent) (see paragraph 8.1.4). If the passenger arrives to the check-in point and security checkpoint after check-in is ended or arrives without the necessary travel documents, the Airline shall be entitled to cancel the reservation and is not required to delay the flight.
      
      
      • 10.5. Check-in of the passengers and baggage registration are carried out on the basis of the ticket and one of the documents proving the identity of the defined by the legislation of Ukraine or electronic display of the information contained in these documents.Airline shall check the documents
      
      
      • 10.6. The Airline shall check the documents stated in the chapter 10.5 and in case of international transportation, of appropriately issued entry (transit) visas in accordance with the requirements of the countries of destination or documents required for travel, does not allow the passenger to fly. In the absence of any document necessary for travel, the Airline is obliged to prevent the passenger from air transportation.
        In this case, the refusal from the flight will be considered voluntary.
      
      
      • 10.7. Upon the check-in the passenger is provided with a boarding pass indicating the passenger's last name and first name, IATA code or ICAO code of the Airline, flight number, date and time of departure, start and end time of the boarding the aircraft, number of boarding gate, and number of his (her) seat (if present) on board the aircraft.
      
      
      • 10.8. The end time for boarding an aircraft depends on the characteristics of the airport, the circumstances of the departure of the flight and is set by the Airline. The passengers receive the information about the time of boarding the aircraft directly at the airport of departure.
        The boarding time for passengers at an airport located on the territory of Ukraine is 20 minutes before the departure time of the flight. The time of boarding of passengers at airports outside Ukraine is set by the Airline taking into account the specifics of the airport and noted on the website www.skyup.aero.
        In case of passenger’s delay or no-show for boarding the aircraft, the Airline has the right not to accept such a passenger for air transportation in order to avoid tAirline shall check the documents he flight delay. In case of the passenger’s delay or no-show for boarding an aircraft, it shall be deemed that the passenger refused from the flight voluntarily, unless this was because of the fault of the Airline or the service agent.
      
      
      • 10.9. During passenger registration and baggage check-in, all passenger baggage intended for air transportation, except for items specified in clause 12.2.1 of these Rules, is subject to weighing.
      
      
      • 10.10. The Airline or the service agent shall note in the baggage receipt of the ticket the quantity and weight of baggage accepted for transportation and issue a tear-off coupon of the baggage identification tag for the checked baggage. If the passenger has a ticket in the electronic form, information about the number and weight of baggage shall be specified in electronic form in the DCS system.
      
      
      • 10.11. To indicate special conditions of the checked baggage transportation by air in addition to the baggage identification tag a special warning baggage label without a number – “Fragile”, “Priority”, “Live Animals", “Transfer”, “Wheelchair”, “UM", “Delivery at Aircraft”, etc. – shall be attached. The form of baggage tags must comply with IATA resolutions.
      
      
      • 10.12. After check-in and baggage registration the Airline is responsible for the integrity and safety of the checked baggage.
        The integrity and safekeeping of cabin baggage shall provide the passenger.
        The safekeeping of the baggage with the affixed tag “Delivery at Aircraft” ensures the passenger till the moment of its transfer for loading in the baggage compartment near the air craft.
      
      
      • 10.13. The payment for the air transportation of baggage, the weight of which exceeds the free baggage allowance established by the Airline should be charged in accordance with the tariff established by the rules of the Airline. The payment for the transportation of such baggage shall be confirmed by the receipt for excess baggage or miscellaneous charges order.
      
      
      • 10.14. The conditions for check-in and baggage registering using the site are determined by the rules of the Airline.
      
      
      • 10.15. In the case of check-in using the website, the Airline provides the passengers with the opportunity to register the baggage at the airport free of charge, if the transportation of the checked baggage is provided for by the rules for applying the tariffs according to which the ticket was purchased.

  11. REFUSAL TO TRANSPORT PASSENGER AND BAGGAGE BY AIR TO ENSURE SAFETY OF FLIGHTS

      • 11.1. The Airline has the right to refuse to transport at any stage of air carriage, to cancel the reservation or to disembark the passenger from the aircraft, if such an action is necessary:
        • in connection with necessity to comply with the requirements of the current legislation of the country of departure, arrival or transit;
        • upon the demand of the authorized state bodies of Ukraine.
      • 11.2. To ensure flight safety, the Airline has the right to refuse to transport at any stage of transportation, cancel a reservation or disembark the passenger from the aircraft on the basis of its own informed decisions, if:
        1. the mental or physical condition of the person gives the reason to presume that the passenger requires special aid from the Airline, which was not demanded or which the Airline cannot provide in certain circumstances; will cause discomfort of other passengers; will cause to any risk for himself (herself) or other passengers or the property of passengers and the Airline;
        2. the passenger has not complied with the instructions of the Airline related to flight safety assurance, quality and comfort of passenger transportation, creates inconvenience for the transportation of other passengers, and therefore the Airline fails to perform its obligations to passengers that are on board the aircraft;
        3. the passenger behaves in such a way that causes concerns for proper assurance of flight safety during the transportation, namely, the passenger demonstrates aggressive behavior with threats to other passengers, staff of the Airline and the crew of the aircraft;
        4. he passenger refused to undergo the inspection, which is carried out by the staff of the security service of the Airline, airport or relevant state bodies;
        5. the passenger may constitute or already constitutes a danger for other passengers (baggage, cargo) or the aircraft;
        6. the passenger did not pay the corresponding tariff or fees that must be paid;
        7. the passenger did not present documents necessary for the trip for inspection;
        8. the passenger attempts to enter a country without a valid entrance document;
        9. during the flight the passenger damaged or lost identification documents that makes it impossible to establish the identity of such a passenger;
        10. the passenger is under alcoholic or narcotic intoxication;
        11. the passenger has previously committed the actions provided for in items from two to eleven of this paragraph and gives reason to believe that such behavior may be repeated;
        12. the ticket presented by the passenger is not valid for transportation, it was purchased from a party that is not the Airline or its sales agent, it was declared lost, stolen, invalid, it contains the signs of forgery;
        13. the passenger has presented the flight coupon that was damaged or corrected by another party than the air carrier or its sales agent;
        14. there is the first unused flight coupon in the ticket, and the passenger begins his (her) trip at any other stopping place on the transportation route according to the new tariff that is not regulated according to the tariff standards of the air carrier;
        15. the person who presented the ticket cannot identify himself (herself) as the person indicated in the ticket.
        16. in other cases provided for by the Rules of the SAAU.
        In all cases of withdrawal of the ticket the Airline draws up the relevant act, the original of which is provided to the passenger, and a copy remains with the Airline.
      • 11.3. The Airline has the right to withdraw the ticket, declare it invalid and refuse to refund its value, if:

        • the ticket was purchased from a party that is not the Airline or its sales agent;
        • the ticket has been declared lost, stolen, has signs of forgery;
        • the person who presented the ticket cannot identify himself (herself) as the person indicated in the ticket;
        • the fact that the passenger has purchased the ticket using a fake/stolen or invalid payment card has been established;
        • the tariff was applied incorrectly, or the passenger did not pay the full cost of the air transportation on the day of the air transportation not to the fault of the Airline and/or sales agent.
          The Airline has the right to withdraw the ticket, declare it invalid and return its value in accordance with paragraph 19.2.3 of the Rules, if the validity of the ticket has been violated or there is the first unused coupon, and the passenger begins his (her) trip at any other stopping point on the transportation route by the new tariff, not regulated according to the tariff standards of the Airline.
        • The Airline has the right to withdraw the ticket, declare it invalid and issue a duplicate ticket if the passenger has presented a damaged flight coupon.
      
      
      • 11.4. If the passenger is refused to be transported or further transported for the reasons provided for in chapter 11.2, the Airline may inform the passenger in writing that in the future such passenger will be refused to be transported on the flights of the Airline.
      
      
      • 11.5. The passenger who was refused to be transported or further transported by air for the reasons specified in chapter 11.1 has the right to enforce the return of amounts paid by him in accordance with paragraphs 19.2.1 and 19.2.2 of these Rules.
      
      
      • 11.6.The passenger who was refused to be transported or further transported by air for the reasons specified in chapter 2 of this section is entitled to receive voluntary return of amounts paid by him in accordance with paragraph 19.2.3 of these Rules.
      
      
      • 11.7. In case of unreasonable delay of the passenger related to passing control in order to ensure the safety of civil aviation, the Airline should at the passenger's choice provide him (her) air transportation on the next flight or fully reimburse the cost of the ticket or its unused part.

  12. BAGGAGE

      Baggage requirements

      1. Baggage of the passenger shall be accepted for air transportation upon its registration at the airport of departure, airport of transfer, airport of stopover or at another point of registration.
      2. Depending on their size, weight and peculiarities, the passenger's goods can be transported as checked baggage or unchecked baggage (cabin baggage).
      3. Pieces of baggage with a maximum weight of 32 kg may be carried as checked baggage. The sum of three dimensions of a single piece of baggage (length, width, height) should not exceed 158 cm.
         Excess baggage, oversized baggage and baggage weighing more than 32 kg shall be accepted for transportation only with the consent of the Airline and if there is a free space on board to transport such baggage, and provided the passenger has paid for this baggage, unless the transportation of such baggage has already been agreed with the Airline and paid. Baggage that does not meet the requirements of this paragraph the passenger shall register for air transportation as cargo.
      4. Information about the maximum quantity and weight of the baggage accepted by the Airline for transportation without payment is entered into the rules for applying tariffs and is indicated in the rules of the Airline and the carriage contract provided to the passenger.
      5. Information regarding payment for air transportation of excess baggage is provided by the Airline, the sales agent and/or the service agent during reservation of the air transportation or during check-in of the passenger and baggage registration.
      6. Payment for air transportation of excess baggage is carried out in accordance with the tariff established by the rules of the Airline, valid on the day of issuing a miscellaneous charges order or receipts for excess baggage payment and on the departure date indicated in the ticket. Such payment may be made in advance with the consent of the Airline when issuing the ticket or at the airport during the registration.
         In case of non-payment by the passenger of the corresponding tariffs and charges, the Airline has the right to refuse to transport the excess baggage by air.
      7. If the passenger has registered the baggage for air transportation and it is in fact in a smaller amount than what the passenger has preliminary paid, the Airline is obliged to return to the passenger the difference between the paid amount of money and the cost of air transportation of the actual amount of baggage.
         In the event that a passenger has registered the baggage for air transportation in fact in a larger amount than baggage for which he (she) has previously paid, the passenger must make an extra payment for the transportation of the actual amount of baggage.
      8. In case of an overload of the aircraft or in the absence of free tonnage, the Airline, having informed the passenger about this, has the right to transport his (her) baggage by the next flight or the flight of another airline as soon as possible.
         The Airline independently determines what baggage will be transported by the next flight or the flight of another airline.
      9. The maximum weight and quantity of baggage accepted for air transportation for free is determined by the rules for applying tariffs and is indicated in the air carriage contract.
      10. The Airline is obliged to take measures to carry out the transportation of the passenger and his (her) checked baggage on board the same aircraft, especially if, in accordance with current legislation, the presence of a passenger is required during customs procedures with baggage.
          In the case of transportation of checked baggage on board another aircraft, the Airline is obliged, at the passenger’s choice, to deliver the baggage as soon as possible to the address provided by the passenger in the Property Irregularity Report (PIR) or to reimburse the cost of transportation associated with the delivering of such baggage in accordance with the requirements of the rules of the Airline.
      11. Baggage registration at the choice of the Airline can be carried out in accordance with a baggage weight concept or a baggage piece concept, i.e. a combination of characteristics of weight, size, and number of pieces.
      12. The Airline is responsible for the safekeeping of baggage from the moment of its registration for air transportation and until the moment of its receipt by the passenger.
          The acceptance of baggage by the Airline for air transportation is confirmed by the tear-off coupon of the baggage identification tag that is issued to the passenger and the baggage receipt regarding the number and weight of pieces that are accepted for air transportation. From the moment of acceptance by the Airline of baggage for transportation and until the time of its issue, passenger access to checked baggage is prohibited, except for cases when it has been identified or additionally examined by the relevant authorized services.

      Conditions of free baggage transportation

      1. As cabin baggage in excess of the norm established by the Airline, regardless of the rules of application of the tariff under which the ticket was purchased, the passenger has the right to transport the following items free of charge: food for the child, necessary during the flight, baby travel cradle (for children under one year old), stroller wheelchair, folding wheelchair and/or crutches, special equipment and equipment used by persons with disabilities, if, in the Airline's opinion, there is sufficient space for this and if it meets safety requirements. The total weight of unregistered baggage (carry-on baggage), with the exception of the items specified in the first paragraph of this clause, is established by rules depending on the rules of tariff application specified on the website of the Airline at www.skyup.aero.
      2. The Airline has the right to expand the list and the total weight of items that are transported for free.
      3. Regardless of the rules for applying the tariffs at which the ticket was purchased the Airline may charge an additional fee for transportation of:
         • things of the passengers (regardless of their name), size and weight of which does not comply with the requirements of the rules of the Airline;
         • things of the passengers not packed in accordance with the requirements of chapter 5 of this section, regardless of their name and purpose;
         • household and television, video, audio, photo equipment, the weight of one piece of which exceeds 10 kg;
         • flowers, plant seedlings, food greenery, dried plants, trees and bushes with a total weight of more than 5 kg;
         • correspondence accompanied by the couriers;
         • animals (domestic or wild), birds, bees and other animals, with the exception of guide dogs, which accompany a passenger with a disability or reduced mobility.
         • The Airline has the right to expand the list of things for the transportation of which additional charges may be applied, regardless of the rules for applying the tariffs.
         • The rules of the Airline do not provide the transportation of checked baggage for free.
         • The norms for the transportation of checked baggage are indicated on the passenger’s ticket in accordance with the established rules for applying the tariffs of the Airline.

      Declared value of the baggage

      1. The passenger has the right to declare the value of his (her) checked baggage
      2. The value of checked baggage shall be declared separately for each piece of baggage. In the case of declaring the value of baggage, the passenger must pay the tariff established by the Airline in accordance with the rules for applying the tariffs of the Airline.
      3. To confirm the payment for the transportation of baggage with the declared value the Airline or an authorized sales agent issues a miscellaneous charges order or a receipt for payment of excess baggage that indicates the points between which the passenger declared the transportation of the baggage with declared value.
      4. In case of the loss of such baggage, the liability of the Airline is limited to its declared value, unless the Airline proves that the amount required by the passenger exceeds the passenger’s actual interest in the delivery of the baggage.

      Group baggage transportation /p>

      1. Upon the request of the passengers traveling in a group or members of one family the Airline is obliged to pool their baggage.
      2. Baggage pooling only refers to free baggage allowance. The baggage must be registered separately for each passenger. The pooling of the baggage pieces of the group of passengers or members of one family refers joint free baggage allowance for each passenger.
         Group baggage with the consent of the passenger is registered at one person authorized by each passenger who is member of the group of these passengers or the family. Therewith the transportation documents of each passenger should indicate the number of pieces and the weight of his (her) baggage.

      Baggage packing requirements

      1. Each piece of baggage must have proper package, which would ensure its safety during the air transportation and handling and make it impossible to cause damage to passengers, crew members, third persons, aircraft, baggage of other passengers or other property, and also exclude free/random access to baggage content by outside persons. The Airline has the right not to accept the baggage for transportation as checked if this baggage does not meet the requirements of this paragraph, and to require the passenger to pack the baggage additionally. Serviceability and conformity of the baggage package is determined by the Airline
      2. Baggage which has external damages that do not affect its integrity during the air transportation and handling and cannot cause damage to passengers, crew members, third persons, aircraft, other passengers' baggage or other property, may be accepted for transportation as checked baggage with the consent of the Airline. In this case, the presence and type of damage to the baggage shall be indicated in the baggage receipt («Limited Release» tag) by the Airline or its service agent and shall be confirmed by the signature of the passenger.

      Restrictions on items accepted for transportation as the baggage

      1. Items forbidden for transportation in the baggage:
         • goods, items, liquid and other substances that can pose a significant risk to the health of passengers, flight safety or property of the Airline or other passengers during the transportation, in particular explosives, compressed gases, corrosive materials, oxidizing agents, radioactive materials, magnets, flammable materials, poisonous, harmful or irritating substances, as well as any other items and substances specified in The Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc 9284) and Aviation regulations of Ukraine "Instructions for the organization and implementation of security control at the airports of Ukraine", approved by the order of the State Aviation Administartion of Ukraine dated March 15, 2019 No. 322, registered in the Ministry of Justice of Ukraine on June 7, 2019 under No. 594/33565 as prohibited for transportation by passenger aircraft.
      2. Items that should not be included in checked baggage:
         • fragile, brittle items, breakable and perishable items, money, keys, jewelry, electronic equipment, photo and video equipment, products made of precious and semi-precious metals and stones, glasses, antiques, artworks, photographs, fur products, technical documentation, business documents, securities, valuables, medicines, medical documentation, identification documents;
         • goods, items, medicines, the transportation of which is prohibited or limited by the applicable laws of any country from the territory of which, to the territory of which or through the territory of which the flight will be performed;
         • goods that are not suitable for transportation by their nature, weight, size, shape or smell;
         • live animals and birds, except as provided for in chapter 13.2 of these Rules.
         If these things are put in checked baggage, the Airline is not responsible for their safety.
      3. Items that are recommended to be carried in cabin baggage: fragile, brittle items, breakable and perishable items, electronic equipment (photo, video equipment, computer equipment, storage media), software, money, keys, jewelry (precious and semi-precious metals and stones), glasses, antiques, artworks, photographs, fur products, technical documentation, business documents, securities, medicines in the amount required for the trip, medical documentation, passports and other identity documents, unique or irreplaceable items, other valuable items.
      4. Things that may be accepted for transportation as checked baggage with the prior consent of the Airline: firearms (including military, hunting, sports), pneumatic, gas weapons, pistols and revolvers designed to shoot cartridges loaded with rubber or similar in properties bullets, edged weapons of all kinds and constructively similar products, cartridges and spare parts for weapons, as well as training, diluted, museum, souvenir, collection and fake weapons, provided that a natural or juridical person has appropriate permission on its storage, carrying and transportation, and also guns and pistols for spearfishing.
         Items and substances prohibited for transportation by passengers and crews of civil aircrafts are determined by the aviation regulations of Ukraine.
      5. The passenger has the right to include in the checked baggage his (her) household items, alcoholic beverages, non-radioactive medical items and things for the toilet and basic necessities, including containers with medical aerosols and other things and substances permitted for transportation in limited amounts in accordance with The Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc 9284) and in the amount permitted by the relevant regulatory authorities.

      The right to refuse to accept baggage for transportation

      1. Checked baggage of the passenger who did show up to boarding is subject to unloading from the aircraft.
      2. The Airline has the right to refuse to accept baggage as checked if it is not properly packed in suitcases with locks or other appropriate containers that ensure safe baggage transportation and handling using conventional means of cargo handling.
      3. The Airline has the right to refuse to transport or further transport as baggage the items specified in paragraphs 12.6.1.-3 on the basis of the relevant documents if it finds that such items contain any prohibited materials or objects.
         The Airline is not responsible for items that it refused to accept for the transportation as baggage.
      4. The Airline may, at the passenger’s request, transport the items specified in paragraphs 1, 2 of chapter 6 of this section as unaccompanied baggage (cargo) subject to the requirements of chapter 12.9.

      Right of inspection

      1. In order to ensure flight safety and detection of items determined in paragraphs 12.6.1 and 12.6.2, the Airline has the right to require the passenger to undergo security control, which is carried out by the aviation security services of the Airline, the airport and provide baggage for inspection, and also has the right to inspect or arrange baggage inspection in the absence of the passenger. If the passenger refuses to fulfill such a requirement, the Airline may refuse to transport the passenger and/or the baggage.
      2. The Airline is not responsible for the damage caused to the passenger or his (her) baggage in case of detection of items prohibited for air transportation during the safety inspection, for example: X-ray or other scanning, except in cases of negligence of the Airline.
      3. The Airline or the service agent shall perform the procedure for identifying the checked baggage of the passengers who did not arrive on board the aircraft or left it before the departure.

      Unaccompanied baggage

      1. At the request of the passenger and with the consent of the Airline, the baggage may be checked as unaccompanied baggage.
      2. Unaccompanied baggage is accepted for air transportation between the same points between which the passenger travels, according to the ticket and only after the passenger has independently cleared the baggage.
      3. Air transportation of unaccompanied baggage is confirmed by the air waybill, is carried out in accordance with the rules of cargo air transportation, which are approved by the Airline, and is paid according to the tariffs for transportation of goods established by the Airline.

      Cabin baggage

      1. As cabin baggage are accepted items that have weight and dimensions established by the rules of the Airline and indicated in the ticket of the passenger in accordance with the applicable tariff, which allows to place them safely in the aircraft cabin on the baggage racks or under the seat.
         It is forbidden to place cabin baggage and things allowed for the transportation in the aisles of the aircraft cabin.
      2. For items that do not comply with the requirements for cabin baggage established by the Airline or which are not allowed to be carried in the passenger cabin of the aircraft the rules for checked baggage shall be applied.
      3. Cabin baggage should not contain any cutting or sharp items, medical injection needles, knitting needles, metal knives, corkscrews, objects, devices and toys that imitate all types of weapons, cigarette lighters in the form of pistols and other types of weapons, as well as items with blunt edges which can cause bodily harm.
         It is also forbidden to transport any liquids, suspensions, creams, pastes with a capacity of more than 100 ml (grams) in one bottle (tube) on board the aircraft in cabin baggage. The total volume of these substances in cabin baggage, packed in containers with a capacity of up to 100 ml (grams), should not exceed 1 liter (kg) per passenger. In the case of using equipment for testing liquids, aerosols and gels, their volume for air transportation is not limited.
         Items and substances prohibited for carriage in the passenger cabin, but allowed for carriage in baggage are determined by the aviation regulations of Ukraine.
      4. The passenger is responsible for the cabin baggage during the whole transportation.

  13. TRANSPORTATION OF SOME CATEGORIES OF BAGGAGE

      Baggage transportation in the cabin of the aircraft/p>

      1. The Airline has the right to accept for air transportation in the cabin of the aircraft the items that are indicated in paragraph 12.6.2 of the Rules and require special preventive measures during air transportation or special handling conditions.
      2. Items that the passenger considers unsuitable for transportation in the cargo compartment of the aircraft are accepted for transportation in the passenger cabin only by prior agreement with the Airline. The transportation of such items is paid by the passenger in accordance with the tariffs of the Airline and depending on the number of passenger seats required for their transportation.
      3. The weight of one non-standard piece of baggage transported in the cabin of the aircraft should not exceed 80 kg, and its size should make it possible to place this piece on a separate passenger seat(s). Package of the baggage transported in the cabin of the aircraft must ensure its proper fastening on the passenger seat(s) and meet sanitary standards.
      4. Delivery of baggage which is carried in the cabin of the aircraft to the aircraft, its loading, placement in the cabin of the aircraft, unloading and transportation within the airport terminals is carried out by the passenger or, upon his (her) preliminary order and payment for these services, by the relevant airport services.

      Transportation of animals (birds)

      1. Air transportation of dogs, cats, birds and other animals is subject to permission from the Airline upon reservation prior to transportation. Animals shall be properly placed in containers/cages and shall have valid certificates pertaining to vaccination and health status, permission to import into the country of destination or transit. Animals must be clean, tidy and free from unpleasant odors. The Airline has the right to determine the transportation method and limit the number of animals allowed for transportation on one flight.
      2. Transportation of animals accepted as checked baggage together with a container and food shall be paid for as an additional service for which the passenger must pay the corresponding fare in accordance with the rules for the application of tariffs of the Airline established by the Airline.
      3. Service dogs that help government employees, rescue teams are transported free of charge with containers and food for them. Such transportation must be previously agreed with the Airline.
      4. In the passenger cabin of the aircraft it is allowed to carry:
         • service dogs, accompanied by a dog handler; guide dogs for blind and deaf passengers, provided that the animals have a collar and a muzzle. A service dog, a guide dog should stay near the feet of the passenger/dog handler;
         • small animals, the weight of which together with the means of transportation does not exceed 10 kg.
         • It is allowed to transport no more than 4 containers with live animals on flights of the Airline.
           The size of the container for transporting live pets in the passenger cabin of the aircraft should not exceed 50х40х25 cm
           The container with live animals must be placed under a seat during the transportation by air. It is forbidden to place the container with the live animal on baggage racks or on a separate passenger seat.
      5. Animals weighing more than 10 kg with a means of transportation are transported only in the cargo compartments of the aircraft (except guide dogs and service dogs).
      6. The passenger is obliged to provide all the documents necessary for the transportation of animals, provided for by the current legislation of the country of departure, destination or transit. When transporting animals, the passenger is responsible for such an animal, and also ensures the provision of the necessary documents provided for by applicable law. The Airline shall not bear responsibility for injury, loss, delay, illness or death of such animals in case of refusal to entry into the country of destination or transit, unless such damage was caused as a result of the negligence of the Airline.
      7. If the passenger fails to fulfill the conditions of paragraphs 13.2.1-13.2.7 the Airline has the right to make a final decision on air transportation or refusal to transport animals at its discretion during check-in of the passenger.

  14. SCHEDULE

      1. iled by the Airline, published in ARS/GDS and posted on the website of the Airline www.skyup.aero. The Airline may publish advertising schedule to inform the public.
         By placing the data in ARS/GDS the Airline guarantees that the information placed by it or provided for placement in other automated systems is accurate, faithful and exhaustive.
      2. The Airline shall not bear the responsibility for errors and omissions in schedules or other published flight timetables of other airlines.
      3. The ground service agent and/or airport operators are entitled to issue joint schedule of all carriers operating flights to/from the airport
      4. .The departure time of the flight and the type of aircraft indicated in the schedule or other published flight timetables of the Airline, with the exception of the departure time indicated in the ticket, are not guaranteed and are not an obligatory condition of the air transportation contract.
      5. The Airline has the right to change the type of aircraft without notifying the passenger about it.
      6. The Airline or the service agent (airport operator) provides passengers at the airport with visual and/or acoustic information (if technically possible) regarding:
         • time of departure and landing of the aircraft;
         • place, opening and closing time for check-in
         • place, start and finish time for boarding the aircraft;
         • delay or cancellation of the flight and the reasons for the delay (cancellation) of the flight.

  15. FLIGHTS DELAY AND CANCELLATION

      1. The Airline has a right to delay or cancel the flight both for commercial reasons and for reasons beyond its control.
      2. The Airline shall take all necessary measures to avoid delays in the transportation of passengers and baggage.
      3. In case of extraordinary circumstances, the Airline has the right to cancel or delay a flight or cancel a previously approved reservation without notifying the passenger. In other cases the Airline or its sales agent is obliged to notify the passenger about the delay or cancellation of the flight no later than 3 hours before the start of check-in.
         The Airline shall enter information on the delay or cancellation of the flight to the ARS/GDS no later than 8 hours before the departure. Otherwise, the Airline independently informs the passenger about the delay, cancellation of the flight or cancellation of the reservation and is responsible for the timely informing of the passenger.
         In case of extraordinary circumstances, the Airline may land at an airport not provided for in the flight schedule. In this case, transportation to the airport where the passenger was supposed to arrive on the flight indicated in the ticket is carried out at the expense of the Airline.
      4. In case of a flight delay, the Airline independently or through the service agent (airport operator) shall inform the passengers by available means at the airport of departure every 30 minutes about the estimated time of flight delay and the expected time of departure.
      5. In case of delay beyond a reasonable time or cancellation of the flight, the Airline no later than 12 hours after the departure of the delayed flight or the decision to cancel the flight shall inform the authorized body for Civil Aviation about the reasons for the delay (cancellation) of the flight and the services that were provided to passengers during such a delay or flight cancellation.
      6. In case of registration of transportation with different tickets and causing the passenger losses related to being late to the transfer point to continue the trip, the question of reimbursement for losses by the Airline that delayed the flight is considered in a complaints procedure.

  16. RIGHTS OF THE PASSENGERS IN CASE OF REFUSAL TO TRANSPORT, CANCELLATION OR DELAY OF FLIGHTS

      Procedure of reimbursement application

      1. The provisions of this section are applied to the passengers (of scheduled and charter flights) who were denied transportation against their will or whose flight was canceled or delayed, provided that the passenger has a confirmed reservation for the corresponding flight, except for the case of cancellation specified in section 15 of the Airline Rules, and who were present for check-in at the time provided for in these Rules and indicated in writing (including electronic means), or, if the check-in time was not specified, not later than 45 minutes before the specified time of flight departure, or who have reserved a flight that was delayed/rescheduled by the Airline or by the aircraft charterer (tour operator) to another flight, regardless of the reason
         In case of denial of transportation, cancellation or delay of the flight, regardless of the duration, passengers with disabilities or limited mobility and persons accompanying them, as well as unaccompanied children, in accordance with this chapter, are entitled to get assistance first.
      2. The provisions of this section are not applied to the passengers traveling free of charge or at a reduced cost, which is directly or indirectly not available to other passengers. However, these provisions should be applied to the passengers whose tickets have been issued under the frequent flyer program (loyalty program) of the Airline, if one exists.
      3. If the Airline pays the compensation or provides the services provided for in this section, no provision of these Rules can be interpreted as limiting its right to demand reimbursement by the way of recourse from any person, including third parties, in particular claims for reimbursement from a tour operator or another party with which the Airline has concluded an agreement. Respectively, none of the provisions of these Rules shall be interpreted as limiting the rights of the tour operator or third parties, other than the passenger, with which the Airline has concluded an agreement, to demand reimbursement or compensation from the Airline in accordance with the law.
      4. The distances indicated in this section are measured using the method of orthodromic distance of the route.
      5. In the case of obligations to passengers on a flight that is performed on the basis of a codesharing agreement, the actual carrier is responsible for providing the service and paying reimbursement. If the number of passengers having a confirmed reservation exceeds the number of available seats in the unit, the airline which carried out the resale provides the service and payment of reimbursement.
      6. In case of non-payment of the monetary reimbursement provided for by this section at the airport where the transportation was refused or the flight was canceled, the reimbursement provided for by this section is paid upon written request from the passenger. The Airline should give an answer within the time period stipulated by the Law of Ukraine “On citizens' appeals”.
      7. A flight is considered completed if its execution is transferred to another air carrier, which provides transportation of all passengers of the transferred flight on a specially organized flight. Changing the airport of departure or arrival within the same administrative-territorial unit cannot be considered a flight cancellation. In addition to cases of cancellation of the flight by the Airline, the flight is considered canceled if the departure is delayed for more than 48 hours.

      Reimbursement to the passenger in case of denied transportation

      1. If the Airline reasonably expects that the passengers will be denied boarding, it first looks for volunteers who are ready to refuse their confirmed reservation in exchange for an agreed remuneration between the passenger who voluntarily refuses to board the flight and the Airline.
      2. In addition to paying remuneration, the Airline offers to the passenger to choose:
         • reimbursement of the cost of air transportation within seven days which must be paid in cash, by electronic bank transfer, bank order or bank cheque or (if there is a witnessed written consent of the passenger) in the form of traveler cheques and/or other services, reimbursement of the full cost of the ticket at a price by which it was purchased, for the 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 provision (if necessary) of the return flight to the initial point of departure at the earliest opportunity;
         • or a change of the route that should be carried out under relevant transport conditions: to the final destination at the earliest opportunity or to the final destination at a later time at the request of the passenger and subject to availability.
      3. Transportation of the passenger from the airport where denied transportation has occurred to the airport from which the alternative route proposed by the Airline starts, and from the airport of alternative landing to the airport where the passenger was supposed to arrive on the flight transportation on which was denied, is carried out by the Airline at its expense.
      4. If there are no passengers who agree to voluntarily refuse to travel on this flight, or their number is insufficient, the Airline has the right to deny the passenger transportation against his (her) will.
      5. If the passengers are denied transportation against their will the Airline pays them reimbursement in the following amounts:
         • 250 Euros – for flights with a range up to 1,500 kilometers;
         • 400 Euros – for flights with a range from 1,500 to 3,500 kilometers;
         • 600 Euros – for flights with a range more than 3,500 kilometers.
         When determining the distance, the last point is taken as the basis in which refuse to transport the passenger or non-fulfillment of a previously planned flight, for which at least one seat has been reserved, will create a delay in the arrival of passengers at the scheduled time.
      6. The Airline has the right to reduce the amount of reimbursement specified in chapter 16.2.5 of this section by 50% if the passenger was offered rerouting to his destination point by alternative flights, the arrival time of which does not exceed the scheduled time by:
         • 2 hours – for flights with a range up to 1,500 kilometers; or
         • 3 hours – for flights with a range from 1,500 to 3,500 kilometers; or
         • 4 hours – for flights not specified in the second and third items of this paragraph.
         The distance specified in this paragraph is measured by the method of the orthodromic distance of the route.
      7. Payment of the reimbursement does not relieve the Airline of the obligation to offer the passenger a choice of services and reimbursement of expenses specified in paragraph 16.2.2 and paragraph 16.3.5.

      Provision of service to passengers in case of flight delay

      1. In case of flight cancellation, passengers are offered services in accordance with paragraph 16.2.2 and reimbursement in accordance with paragraphs 16.2.5 and 16.2.6. The passenger has a right to reimbursement if he (she) was not informed about the cancellation of the flight:
         • two weeks before the scheduled departure time;
         • or within the period of not more than two weeks and not less than seven days before the scheduled departure time, and if it was proposed the rerouting that gave the opportunity to leave the departure point not later than 2 hours before the scheduled departure time and arrive at the final destination not later than 4 hours after the scheduled arrival time;
         • or less than seven days before the scheduled departure time, and if it was proposed the rerouting that gave the opportunity to leave the departure point not later than an hour before the planned departure time and arrive at final destination not later than two hours after the scheduled arrival time.
      2. By canceling or delaying a flight the Airline provides the passengers upon their request with an explanation concerning reasons for canceling or delaying the flight. If it is necessary to ensure timely transfer of transit passengers to connecting flights the Airline offers them alternative transportation routes as soon as possible.
      3. The Airline is not obligated to pay reimbursement in accordance with paragraphs 16.2.5 and 16.2.6 if it can provide confirmation that the flight was canceled due to extraordinary circumstances or force majeure that could not be prevented even if all measures were taken.
      4. The evidence of informing the passenger about the rules and conditions of transportation, the procedure for reserving seats on flights, fares, taxes (charges), schedule and terms of the flight lies with the Airline, its sales agent, tour operator and other authorized organizations, etc. upon where the air transportation agreement was concluded.
      5. In case of cancellation of the flight by the Airline and when the passengers continues to travel on another flight(s) or on another route, passengers should be offered and provided free of charge:
         • food and cool drinks according to the new flight waiting time;
         • hotel accommodation in cases where passengers are forced to wait for departure for one or more nights or if the time of additional waiting for the departure is longer than expected;
         • ground transfer on the route airport – hotel – airport;
         • two telephone calls or telex, fax messages or e-mail messages if there are technical specifications at the airport.
      6. The Airline pays special attention to the needs of passengers with disabilities or reduced physical capabilities and persons who accompany them, as well as to the needs of children, including those traveling unaccompanied by adults.

      Reimbursement to the passenger in case of flight delay

      1. The Airline should provide passengers with food and cool drinks according to the standards established by it and the opportunity to make two free calls or send telex, fax or e-mail messages, if there are technical conditions for this, in case of a flight delay for a period:
         • two hours or more after the scheduled departure time of a flight with a range up to 1,500 kilometers or less;
         • three hours or more after the scheduled departure time of a flight with a range from 1,500 to 3,500 kilometers;
         • four hours or more after the scheduled time of departure of the flight for all flights not specified in items a), b) of this paragraph.
         If the delayed flight is postponed to the next day after the day specified in the schedule and indicated in the ticket, the Airline should provide passengers with hotel accommodation, food and transfer on the route airport – hotel – airport.
      2. If the flight delay exceeds 5 hours, passengers are offered services in accordance with paragraph 16.2.2.

      Reimbursement to the passenger for changing in class of service

      1. The Airline shall not require any additional payment if it places the passenger in the class of service higher than the one indicated in his (her) ticket.
      2. If the Airline places the passenger in a service class lower than the one indicated in his ticket then it shall reimburse the passenger within seven days:
         • 30% of the applied tariff for all flights with a range up to 1,500 kilometers;
         • 50% of the applied tariff for all flights with a range from 1,500 to 3,500 kilometers;
         or
         • 75% of the applied tariff for all other flights not specified in the second and third items of this paragraph.
      3. Reimbursement for placing a passenger in a class of service lower than the one indicated in his (her) ticket is calculated for the segment in which the reduction in class of service was carried out, using the method of prorate division.

  17. REIMBURSEMENT FOR DELAY IN BAGGAGE TRANSPORTATION

      1. Reimbursement for the delay in baggage transportation is determined based on the need to provide the passenger with basic necessities. In any case, such reimbursement is limited by the amount of $ 50 (or the equivalent in another currency).
      2. Reimbursement is offered to the passenger in case of non-arrival of the baggage to the destination point together with the passenger, if the destination point is not the place of passenger’s permanent residence.

  18. OBLIGATIONS OF THE AIRLINE TO INFORM PASSENGERS ABOUT THEIR RIGHTS

      • 18.1. During check-in the Airline provides passengers with legible and clearly visible information of the following content: “If you are denied transportation or your flight is canceled or delayed for at least 2 hours, please ask at check-in desk or exit point a written notification indicating your rights in particular regarding reimbursement and assistance".
      
      
      • 18.2. The Airline, if it denies transportation or cancels the flight, provides each passenger whom it may concern with a written message which sets out the rules for providing passengers with reimbursement and assistance. The Airline provides the same message to the passenger whose flight is delayed for at least 2 hours. Contact information for sending inquiries regarding violation of the passenger’s rights for reimbursement or assistance shall be given in the message.
      
      
      • 18.3. In order to inform the deaf passengers and those with visual impairments and other significant health deficiencies that make it difficult or impossible for them to independently familiarize themselves with visual or acoustic information appropriate alternative means of information should be used at the airport of departure/arrival.

  19. REFUND

      General refund procedure

      1. Refund for unused ticket (part of it) is made at the place of purchase of the ticket or at the head office of the Airline (transportation sales office of the Airline) and in the currency in which the ticket was paid.
         The refund by the Airline in Ukraine is made in the national currency of Ukraine. Refund at the representative offices of the Airline is made in accordance with the to the legislation of the country where the representative office is located.
         If the payment was made by electronic means of transferring funds (by credit card), the funds are returned to the payment card from which the payment for the ticket was made.
      2. Amount refunded for unused ticket (its part) depends on the applied tariff and tariff standards of the Airline and the type of denial of transportation (voluntary or involuntary).
      3. Refund is made on the basis of an unused (fully or partially) transportation document, miscellaneous charges order, receipts of payment for excess baggage.
      4. Refund is made:
         • to the person indicated in the ticket – in case of payment for transportation by cash or bank transfer;
         • to the account of an enterprise, institution (legal entity) – in case of payment by clearing operations;
         • to the account of the owner of the credit card by which transportation was paid (in case of termination of activities of the bank, funds may be transferred to the account in another bank);
         • to the sponsor who paid for the transportation, in case of issuing a ticket upon the notification about advance payment (Prepaid Ticket Advice – PTA).
         The refund is made subject to the presentation of identity documents and documents confirming the right to receive monetary amounts specified in chapter 19.1.3.
      5. The Airline refunds the funds on the day of termination of the air transportation contract (presenting tickets to the ticket office at the place of issuance, receiving by the Airline information from the passenger about the desire to return money for unused air transportation issued by electronic ticket), and in case of impossibility to return the money on the day of termination of the air transportation contract – in another period by the agreement of the parties, but no later than within seven days.
         The refund period is calculated from the day following the day when the Airline or the sales agent has received the documents necessary for the refund operation.
      6. It is imperative to send the passenger a written request for the refund.

      Refund

      1. Involuntary refund or re-reservation without penalty is made in the following cases:
         • cancellation, rescheduling, delay of the flight for which the passenger has the seat reservations and the issued ticket;
         • incorrect issuance of transportation document because of the fault of the Airline or the agent;
         • change of class of service or type of the aircraft;
         • impossibility to provide the passenger with a seat in accordance with the reservation;
         • failure by the Airline to provide connection with the flight for which the passenger has a confirmed reservation and which is indicated in the same ticket as the previous one;
         • denial of transportation due to non-payment by a passenger of a tariff, state duties, taxes or charges (fees) in case of changes in tariffs or rules for their application compared to those that were valid on the day of departure of the passenger from the initial airport indicated in the ticket;
         • application by the Airline of its right to refuse to transport for the reasons set forth in chapters 11.1, 11.7 of these Rules;
         • passenger’s death or illness or death or illness of his (her) family members travelling with him (her) if appropriate supporting documents are available;
         • in other cases of passenger’s refusal from air transportation or refusal of the Airline to transport a passenger that occurred because of the fault of the Airline.
      2. In case of involuntary refund the amount refunded to the passenger shall be equal to:
         • the amount that is equal to the full cost of the ticket at the price it was purchased if either part of the ticket has not been used;
         • the amount equal to the tariff for the unused part of one-way transportation and unused state duties, taxes, airport charges (fees) and unused charges (fees) of the Airline from the place where the refusal of transportation occurred to the destination place if any part of the ticket was used. The amounts provided for by this paragraph shall not include the amount of reimbursement provided for in Section 16 of the Rules.
      3. In the case of a voluntary refund, that is, if the passenger wants a refund of the amount paid for the ticket, and such a refund is permitted by the rules for applying tariffs this amount is calculated in accordance with the tariff standards of the Airline. In addition, the passenger is also refunded the sum of all unused state duties, taxes, airport charges (fees) and charges (fees) of the Airline.
      4. In case of a refund for an unused ticket or its part, including involuntary one, the fee for issuing air transportation is not refunded, except for the case of a refund due to the fault of the Airline. The fee for the operation of the refund in case of the involuntary refund is not charged.

      Right to refuse a refund

      1. The Airline has the right to refuse to refund, with the exception of all unused state duties, taxes, airport charges (fees) and charges (fees) of the Airline, if:
         • an application on refund was submitted by the passenger after the expiration of the ticket, as defined in chapter 4.4, as well as in other cases provided for by these Rules;
         • the ticket was purchased at a special tariff and the rules for its application do not provide refund (in case of purchasing the ticket at such a special tariff, the passenger must be informed by the Airline (its sales agent) about this when making the reservation, and the ticket should be marked with a respective mark).
      2. If the ticket has been loss, refund is made by:
         • the airline which is the owner of ticket stock (“contracting carrier”) if the ticket was issued under an interline agreement;
         • airline which is the actual carrier, if the ticket was issued on the stock of the airline that operates the flight.
         Refund can be made if the lost ticket (or its part) was not used or changed and no refunds were made on it.
      3. The Airline has the right to take a penalty (fee) from the refunded amount established by the Airline for such cases.
      4. Funds for the duplicate ticket and for the lost ticket are refunded in a claim and/or judicially.
         Similar rules are established for the refunds in connection with the loss of miscellaneous charges order, receipts for excess baggage.
      5. Refusal to refund to a passenger does not deprive the passenger of the right to file a claim to the Airline or to sue in court.

  20. BEHAVIOR ONBOARD

      • 20.1. Behavior of passengers on board the aircraft must be such that, according to the Rules of the Airline, does not pose a danger or threat to other persons, things, the aircraft or the crew of the Airline.
        The passenger does not have the right to interfere with the crew during the fulfillment of their duties and must follow the instructions of the aircraft commander and the crew to ensure the safety of the flight and the aircraft and the safe, efficient and comfortable flight of the passengers. The passenger must desist from behavior that may cause or causes dissatisfaction of other passengers.
      
      
      • 20.2. In order to ensure flight safety, the Airline has the right to prohibit or to limit the use of electronic equipment, mobile telephones, laptop computers, portable tape recorders, portable radios, CD players, transmitting devices, including radio-controlled toys, walkie-talkies, etc. on board the aircraft (with the exception of artificial ear devices and cardiac pacemakers).
      
      
      • 20.3. On board the aircraft the passenger has no right to be intoxicated or under the influence of any other substance that could lead to danger or constitute a danger to other passengers, things, the aircraft or its crew. Drinking of any alcoholic beverages on board the aircraft is permitted only in the amounts offered by the Airline.
      
      
      • 20.4. Regardless of the flight range, smoking is prohibited on board the aircraft.
      
      
      • 20.5. If the passenger does not comply with the provisions of chapters 2 - 4 of this section, the Airline has the right to take such measures as the situation requires and which the Airline will consider necessary to prevent such behavior. Such measures may include limitation of the passenger’s movement on board the aircraft, disembarkation of the passenger, refusal to board an aircraft at any point of the route of transportation, and transferring the passenger to local governmental bodies for taking relevant measures of influence.
      
      
      • 20.6. If the passenger does not follow the provisions of this section or acts otherwise without fulfilling the Rules, the Airline has the right to deny the passenger in further transportation.
        The Airline, in accordance with the provisions of Articles 90, 91 of the Air Code of Ukraine, has the right to maintain the established procedure and apply deterrence measures against offenders on board the aircraft.
      
      
      • 20.7. If because of the forbidden behavior of the passenger the Airline was forced to take certain actions that incurred additional expenses, the passenger is obliged to reimburse the Airline for such expenses in accordance with applicable legislation.

  21. ARRANGEMENTS BETWEEN AIR CARRIERS

      • 21.1. These Rules cover air transportations that are carried out in accordance with commercial agreements between air carriers known as agreements about joint usage of codes (codesharing agreements), interline agreements, even if another air carrier than one that actually performs the transportation is specified in the ticket. If there is any such commercial agreement the Airline (its sales agent) must provide the passenger, during the reservation, with information on which air carrier is contractual and which actually performs the transportation. During the check-in for the flight this information is provided to the passenger by the actual carrier or its authorized service agent at the airport of departure.
      
      
      • 21.2. If the passenger has concluded an agreement on air transportation with the provision of additional prepaid services, then for failure to provide such services the Airline bears liability to the passenger which is limited by the amount paid for non-provided services.

  22. CONSECUTIVE CARRIERS

      • 22.1. Air transportation which will be carried out sequentially by several air carriers is considered a single transportation, if from the beginning of transportation these airlines considered such an operation as a single transportation and such transportation was issued with a joint ticket.
      
      
      • 22.2. In case of a single transportation, each air carrier accepting passengers and baggage (cargo) for such transportation and providing its services falls within the scope of the SAAU Rules regarding transportation carried out under the control of a particular carrier.
      
      
      • 22.3. The air carrier that issued the ticket or the first air carrier indicated in the ticket or in the joint ticket is not responsible for the transportation that occurred on the segment(s) of carriage of another air carrier(s), including the delay in the transportation of the passenger or baggage.
      
      
      • 22.4. In case of destruction, loss, damage, delay in the transportation of the baggage, the passenger has the right to claim or to sue in court against the first or the last air carrier, as well as against the carrier that carried out the transportation during which the destruction, loss, damage, delay in baggage transportation occurred.
      
      
      • 22.5. If it is impossible to determine the air carrier that carried out the transportation during which the destruction, loss, damage, delay in the transportation of baggage occurred, the joint responsibility to the passenger shall be borne jointly by the air carriers that participated in the transportation.

  23. MULTIMODAL TRANSPORTATION

      • 23.1. The time period of air transportation does not include any transportation by land, sea (river) modes of transport that are carried out beyond the airport area. However, if such transportation is carried out according to the carriage contract for the purpose of boarding, disembarkation, loading, delivery, reloading, any harm, until the opposite is proved, is considered a result of an event that occurred during the time period of air transportation. If without the passenger’s consent the carrier fully or partially replaces the transportation, which by agreement of the parties must be carried out by air transport, by transportation by any other mode of transport, such transportation by another mode of transport shall be considered as transportation carried out during the period of air transportation.
      
      
      • 23.2. In the case of multimodal transportation carried out partly by air and partly by any other means of transport, the provisions of these Rules subject to chapter 23.1 of this section are applied only to air transportation.
      
      
      • 23.3. Any provision of these Rules does not prohibit the parties in the case of multimodal transportation to include in the ticket the provisions that concerns transportation by other means of transport, provided that the provisions of these Rules are applied only to air transportation.
      
      
      • 23.4. Transportations by other means of transport subject to the provisions of chapter 23.1 of this section will be offered by the Airline only as a by the agent of the carrier by another mode of transport, including if the ticket indicates such transportation under the code of the Airline.
        The liability of the Airline for any improper transportation of the passenger, destruction, loss, damage, and delay in the transportation of the baggage that occurred during the transportation by such other means of transport is limited to reimbursement of the amount paid by the passenger for such transportation.

  24. AIR TRANSPORTATION CARRIED OUT BY NON-CONTRACT CARRIER

      • 24.1. The provisions of this section are applied when the air carrier (hereinafter referred to as the contract carrier) as the main party enters into a transportation contract with the passenger or with a person acting on behalf of the passenger, and the actual carrier (hereinafter referred to as the actual carrier) under the contract performs the whole transportation or a part of it, but is not a consecutive carrier in relation to such a part within the meaning of Section 22 of the Rules.
      
      
      • 24.2. In the case of the transportation specified by the chapter 24.1 of this section, the contract carrier is subject to these Rules and the SAAU Rules in relation to the whole transportation, and the actual carrier – only in relation to the transportation that it performs.
      
      
      • 24.3. The amount of liability of the actual carrier and the contract carrier is limited by the norms established by these Rules and the SAAU Rules.

  25. CHARTER TRANSPORTATIONS

      • 25.1. The Airline performing charter transportations, when concluding an agreement with the customer should provide the services and refunds provided for by these Rules.
        The Airline concludes a contract for air transportation separately with each passenger. The issue of reimbursement by the Airline for expenses associated with a delay or denial of transportation should be reflected in the agreement between the Airline and the customer of the charter flight (block of seats).
        Tickets for charter flights are considered invalid until the date of payment the cost of the charter flight to the Airline, which actually performs the flight.
        Refunds and confirmation of the reservation are carried out in accordance with the terms of the contract concluded between the Airline and the customer of the charter flight.
      
      
      • 25.2. Tickets for charter flights are valid only for transportation on the dates and flights indicated in the tickets. Depending on the availability of free seats, the customer of the charter flight may change the departure and return flight dates, provided that such changes are agreed by the customer of the flight (tour operator – the contract carrier) with passengers and the actual carrier (flight operator – the Airline).
      
      
      • 25.3. The provisions specified in paragraphs 4.4, 4.5 of the chapter 4; chapters 5, 6; paragraphs 7.1, 7.4 of the chapter 7; chapter 19 of these Rules are not applied to the charter transportation.

  26. ADMINISTRATIVE FORMALITIES

      Travel Documents

      1. The passenger is responsible for obtaining all the documents necessary for the trip, in particular visas, permissions, certificates, etc., as well as for fulfilling the requirements of the legislation regarding the departure, entry, transit of the country of departure, arrival and transit. The Airline is not responsible for the consequences of non-compliance by the passenger with the requirements of the laws of the countries of departure, arrival and transit, or if the passenger does not have the necessary travel documents.
      2. At the request of the Airline, the passenger is obliged to present to the authorized persons of the Airline, representatives of the relevant state bodies all documents for departure, entry, transit, health status and other documents that are required by applicable laws, and allow the Airline to make and keep copies of the documents or otherwise store the data contained in the relevant documents. The Airline has a right to deny transportation to a passenger who does not observe applicable laws or whose documents are not properly issued.

      Denial of entrance to a country

      1. The Airline is not responsible for the refusal to the passenger to enter the country (point of destination, transit).
      2. The passenger is obliged at the request of the Airline or state authorities to pay the corresponding tariff for return transportation, if he (she) is requested to return to the point of departure or another place due to the refusal of the destination country to accept such a passenger regardless of whether this country is the destination or transit country. The Airline may use funds to pay for such transportation from any funds previously paid by the passenger to the Airline and remained at the disposal of the Airline for unused transportation, or any passenger's funds that are at the disposal of the Airline.
      3. The Airline has the right not to return the amounts paid by the passenger for the transportation performed to the place where the passenger was denied entry, or the point of deportation.

      Responsibility of the passenger

      1. . If the Airline is required to pay or deposit any amount, pay a fine, or provide a financial guarantee due to the fact that the passenger has not complied with the requirements of the applicable laws of the country of departure, arrival and transit, or has not submitted the necessary documents for the trip, or presented fake documents, or documents containing false information, the passenger must, at the request of the Airline, reimburse it the amount paid or deposited and the other related expenses of the Airline.
      2. The Airline has the right to use for coverage of such expenses any funds previously paid by the passenger and remaining at the disposal of the Airline for unused transportation, or any funds of the passenger that are at the disposal of the Airline, or may refuse to carry it if the passenger has not reimbursed to the Airline for such expenses.

      Customs examination, safety inspection, border control and other types of control

      1. During the performance of international air transportation, the passengers, their checked baggage and cabin baggage are obliged to undergo inspection for safety, border control, and at the request of by customs and other authorized bodies to undergo other types of control.
      2. During the performance of domestic air transportation, the passengers, their checked baggage and cabin baggage must undergo security controls and, at the request of other authorized bodies, to undergo other types of control.
      3. The personnel of the Airline, airport operators and service agents who are in direct contact with passengers must undergo training on the prevention of human trafficking. The cabin crew must have training on the prevention of human trafficking, taking into account the instructional material given in the Guidelines for Training Cabin Crew on Identifying and Responding to Trafficking in Persons (Circular 352).

  27. OBLIGATIONS OF THE AIRLINE AND THE AMOUNT OF DAMAGE COMPENSATION

      Death and injury to the passenger. Damage to the baggage

      1. The Airline shall be liable for damage resulting in the death or personal injury of the passenger only if the event that caused the death or injury occurred on board the aircraft or during boarding or disembarkation of the passenger to/from the aircraft.
      2. The Airline shall bear the responsibility for damage caused in the case of destruction, loss or damage to checked baggage, only on condition that the incident that caused the destruction, loss or damage to the baggage occurred on board the aircraft or when the Airline was responsible for keeping checked baggage, (however, the Airline is not responsible for damage to baggage due to its defects, characteristics or deficiencies). The Airline shall bear the responsibility for damage caused through its fault or through the fault of its employees or service agents to unregistered baggage, including personal items of the passenger.
      3. If the Airline acknowledges the loss of checked baggage or if the checked baggage did not arrive within 21 days from the date it was supposed to arrive, the passenger may make to the Airline demands arising from the terms of the contract of transportation and the provisions of these Rules.

      Compensation by the Airline for damage caused by delay in transportation

      1. The Airline is liable for damage caused by delays in air transportation of passengers and baggage, however, the Airline is not liable for damage caused by delays if it proves that it, its employees and agents (sales and/or service) have taken all possible measures to avoid damage, or that it (they) did not have the opportunity to take such measures
      2. The liability of the Airline for improper transportation is in any case limited to real losses proved by the passengers, but within the limits of liability for damage.

      Exemption from reimbursement for damage

      1. The Airline is liable for damage caused by delays in air transportation of passengers and baggage, however, the Airline is not liable for damage caused by delays if it proves that it, its employees and agents (sales and/or service) have taken all possible measures to avoid damage, or that it (they) did not have the opportunity to take such measures.
      2. The liability of the Airline for improper transportation is in any case limited to real losses proved by the passengers.

      Exemption from reimbursement for damage

      1. If the Airline proves that the damage was caused or its occurrence was encouraged by the negligence, unlawful action or inaction of the person requiring reimbursement, or the person from whom his (her) rights arise, the Airline is fully or partially relieved of responsibility to the person who requires reimbursement to the extent in which such negligence, unlawful action or inaction caused damage or encouraged its occurrence.
      2. If the request for reimbursement in connection with the death or personal injury of the passenger is made by a person other than the passenger, the Airline is also fully or partially exempted from liability to the extent that it proves that the negligence, unlawful action or inaction of this passenger caused the harm or encouraged its occurrence.

      Compensation in case of death or personal injury of the passengers

      1. The Airline cannot exclude or limit its liability for harm resulting in the death or personal injury of the passenger, under the conditions specified in chapter 27.1 of this section, in the amount of 128821 SDR for each passenger.
      2. The Airline shall not be liable for harm resulting in the death or personal injury of the passenger and the amount of which exceeds the amounts specified in paragraph 27.4.1 of this chapter, under the conditions specified in chapter 27.1, if the Airline proves that:
         • such harm was not caused due to negligence, unlawful action or inaction of the Airline or its employees or service agents; or
         • such harm was caused solely by negligence or due to other unlawful action or inaction of a third party.
      3. The Airline must immediately, but in any case not later than within 15 days after the identification of the individual entitled to receive compensation make an advance payment which may be necessary to meet urgent financial needs. Advance payment in case of death of the passenger should not be less than SDR 16,000.
      4. When issuing a ticket, the Airline shall ensure that the passenger is provided with the basic provisions in writing governing the liability of the Airline to the passenger and his (her) baggage. In addition, the Airline provides the passenger with a written message about the applicable limitations of the liability of the Airline regarding the passenger and baggage.

      Limits of liability for damage caused by delay

      1. The liability of the Airline for damage caused by delays in the air transportation of the passengers of any flights is limited to 5,346 SDRs applies for each passenger.
      2. The liability of the Airline in case of destruction, loss, damage or delay in the transportation of checked baggage is limited to 1,288 SDR applies (for the minimum free baggage allowance established by the authorized body for Civil Aviation) regarding each passenger. The Airline is not liable for damage caused by the delay if it proves that it, its employees and service agents took all the measures that might be necessary to avoid damage, or that it was impossible for it (them) to take such measures.
      3. The provisions specified in paragraphs 27.5.1, 27.5.2 are not applied, if it is proved that the damage is the result of the action or inaction of the Airline, its employees or service agents committed intentionally to cause damage or because of criminal negligence and with the knowledge that damage may be caused as a result of such actions, provided that in case of such action or inaction of the employee or service agent it will also be proved that this employee or agent acted within the limits of his (her) duties.

  28. COMPLAINTS AND CLAIMS

      General provisions on the submission of claims and complaints

      1. Any claim for improper transportation of the passenger or baggage must be submitted in writing to the Airline and delivered or sent within the time period stipulated by the Montreal Convention and the current legislation of Ukraine. The authorized body for Civil Aviation can consider the claims of passengers if they have been received only after consideration of the claims against the Airline in order to establish compliance of the results of the consideration with the SAAU Rules.
         The claim must be accompanied by all the necessary documents confirming the passenger’s right to claim compensation, depending on what the claim is for, including a ticket (itinerary receipt), fiscal receipts for payment of services (except taxi services), a receipt for excess baggage, a tear-off coupon of the baggage identification tag, PIR – Property Irregularity Report, DBR – Damage Baggage Report, certificates of delays and other documents that can speed up the consideration of the claims requirements. The amount of the claim must be proved by the person concerned.
         At the request of the authorized civil aviation body, the subject providing paid services to the public as an intermediary for receiving compensation from the Airline provided for in these Rules must provide the original of the document(s) confirming the authority, including a copy of the document certifying the identity of the passenger.
      2. Claims should be considered pursuant to the procedure established by the Airline. Having received the claim, the Airline within 15 days from the date of registration of the claim shall send the claimant notification-request informing the claimant about the receipt of the claim and the terms for its consideration, and if necessary shall request additional documents from the claimant and inform him (her) about the terms for consideration of the claim after receiving lacks documents.
      3. The Airline is obliged to consider the claim and notify the claimant of its satisfaction or rejection with justification of the reasons within three months from the date of its receipt, if the transportation in connection with which the claim was made was completely performed by one carrier.
         If other airlines took part in such transportation, the term for consideration of the claim may be extended to six months, taking into account the current rules for resolving claims of such airlines.
      4. A claim for reimbursement for damage caused by the Airline during air transportation may be filed in accordance with the conditions and limits of liability provided for by the Montreal Convention and the legislation of Ukraine, without prejudice to the rights of others to appeal to a court.
      5. Claims on the liability of the Airline during international transportation regarding improper transportation of the passenger or baggage should be submitted at the choice of the plaintiff to the court at the location (registration) of the Airline, at the place of its main activity (main office) or at the place where the company through which the contract on air transportation was concluded is located, or to the court at the place of destination of transportation within two years from the date of arrival at the place of destination, or from the date when the aircraft was supposed to arrive at the place of destination, or from the date when transportation was terminated. For the flights within Ukraine, claims against carriers arising from the contract for air transportation of passengers and baggage are submitted at the place where the Airline is located.
         Claims for the liability of the Airline regarding improper transportation of the passenger can be filed within the time period established by the applicable law without prior raising a claim against the Airline.
      6. The total amount of reimbursement for damage shall not exceed the limits of liability established by these aviation Rules.
         The contract Airline, the actual carrier, sales and/or service agents who acted within the scope of their duties are liable for the damage caused by them in an amount not exceeding the limits of liability established by these aviation Rules applicable to it.
      7. If claims for reimbursement for damage specified by these Rules are addressed to the employee or a sales and/or service agent of the Airline, he (she) is entitled to refer to the conditions and limits of liability to which the Airline itself has the right to refer if proves that he (she) acted within his (her) official duties.
      8. In case of the death of the person responsible for the damages, a claim for damages shall be filed in accordance with the provisions of the Montreal Convention against persons who legally represent him (her) or dispose of the property of that person.
      9. A claim for reimbursement for damage that occurred during the air transportation performed by the actual carrier may be filed, at the option of the passenger, to the actual carrier or to the contract carrier, or to both carriers simultaneously.
      10. Recalculation of the amounts indicated in the SDR into national currency is carried out in accordance with the value of currencies in the SDR at the rate of the National Bank of Ukraine at the date of the court decision or the decision of the Airline on the passenger’s claim.

      The procedure for filing complaints and claims regarding improper transportation of the passenger

      1. If a complaint is made or a claim is filed for reimbursement for damage caused as a result of a delay in the transportation of the passenger, the amount of compensation shall be limited to the amount specified in paragraph 27.5.1 of these Rules. The amount of the claim must be proved by the person concerned.
      2. Claims for the liability of the Airline for damage caused as a result of death or personal injury must be filed at the choice of the plaintiff in one of the courts referred to in paragraph 28.1.5 of this section. For flights between Ukraine and the European Union, a claim may be filed on the territory of a member state of the European Union in which the passenger has a principal and permanent residence at the date of the event and to/from which the Airline carrier provides services related to the air transportation of passengers on its own aircraft or on aircraft of another carrier on the basis of a commercial agreement, and in which this carrier carries out activities related to the transportation of passengers by air, using the premises, rented by the carrier or another carrier with which it has concluded a commercial agreement, or which belongs to it or to such another carrier.
         Claims regarding the liability of the Airline for improper air transportation of the passenger may be filed within the time period established by law without prior raising a claim against the Airline.
      3. The right to reimbursement for damage is lost if the claim for liability is not filed within the time limit according to the Montreal Convention and the current legislation of Ukraine from the date of arrival at the destination point, or from the date when the aircraft was supposed to arrive, or from the date of termination of the transportation.
      4. In case of a claim to the Airline relating refund for check-in at the airport because of the impossibility to register via the website, the obligation to prove the opposite is placed on the Airline.

      The procedure for filing complaints and claims regarding improper transportation of the baggage

      1. The receiving of the checked baggage by a person who has the right to receive it without making any claims provides, before proving the contrary, that the baggage was delivered in a proper condition and in accordance with the carriage document or record stored by other means of storing information.
         The passenger shall testify to the opposite by issuing the PIR (Property Irregularity Report) before leaving the airport baggage compartment or a damage baggage report (DBR - Damage Baggage Report).
      2. In case of improper transportation of the checked baggage, the passenger must send a claim to the Airline immediately after detecting damage, loss of a part of the baggage content or not later than within seven calendar days from the date of receiving of the checked baggage.
         In case of delay in baggage transportation, the claim should be submitted within 21 calendar days from the date when the baggage was handed over to the passenger.
      3. Claims regarding the loss of baggage are presented to the Airline after the baggage is considered to be lost. Baggage is considered to be lost if it is not found by the results of the search within 21 calendar days from the date following that when the baggage was supposed to arrive at its destination point. In this case, the claim against the Airline should be filed within two years (for international flights) and three years (for flights within Ukraine) from the date of arrival of the aircraft to the destination point or from the date when the aircraft should have arrived at the destination point, or from the date when the transportation was terminated.
      4. The liability of the Airline regarding destroyed or lost baggage is limited to the amount specified in paragraph 27.5.2 of these Rules.
      5. If a claim is made for damage to the baggage package, the costs of repairing it shall be reimbursed. In case of impossibility of further use of damaged baggage package, its value is subject to reimbursement, which is confirmed by the person concerned.
         The Airline is not liable for such types of baggage damage:
         • broken wheels and legs of suitcases, bags, etc.;
         • lost straps and eyelets;
         • slight scuffs or scratches, damage as a result of excessive filling of the suitcase;
         • damage to the handle of a suitcase or bag;
         • damage to fragile items or products that deteriorate quickly;
         • damage to improperly packed items.
      6. If a claim is made regarding the reimbursement of partially lost baggage weighing up to 1 kilogram, the weight indicators specified in the recommended practice of IATA 1751 (Appendix A) can be used to reimburse the cost of partially lost baggage.
      7. If a claim is made for reimbursement for damage caused as a result of a delay in the transportation of baggage, the amount of compensation is limited to the amount specified in paragraph 27.5.2 of the Rules. The amount of the claim must be proved by the person concerned.
      8. If there are no claims within the time periods specified in paragraphs 28.3.2, 28.3.3 of this chapter for international air transportation, no claims against the carrier for improper baggage transportation are accepted, except in cases where the carrier has used fraud. Claims for improper baggage transportation on domestic flights are made in accordance with the current legislation of Ukraine.

Conditions