1.1 The Regulations on passenger and baggage handling and air carriage (hereinafter referred to as the Regulations) of SkyUp MT Limited (hereinafter referred to as the Airline) comply with:
Regulation (EC) No. 261/2004 of the European Parliament and the Council of February 11, 2004 establishing common rules for compensation and assistance to passengers in the event of denied carriage and cancelled or prolonged delayed flights
Council Regulation (EC) No. 2027/97 of October 09, 1997 on the liability of air carriers in the event of an incident, as amended by Regulation (EC) No. 889/2002 of the European Parliament and of the Council of May 13, 2002;
Convention for the Unification of Certain Rules for International Carriage by Air, executed on May 28, 1999, in Montreal;
Maltese Legislation S.L. 499.24 CARRIAGE BY AIR (INTERNATIONAL AND NON-INTERNATIONAL CARRIAGE;
resolutions and recommended practices of the International Air Transport Association (IATA);
standards and recommended practices of the International Civil Aviation Organization (ICAO).
1.2 These Regulations are developed to establish general conditions for the carriage and handling of passengers and baggage on the flights of the Airline, to ensure flight safety and quality of service.
1.3 The terms used in these Regulations shall have the following meanings:
Agreed Stopovers means the points (other than points of departure and destination) specified in the ticket or indicated in the air carrier's schedule as scheduled stopover points on the route of transportation;
Airline means SKYUP MT Limited;
Air Carrier (hereinafter referred to as the Carrier) means a business entity that provides services for the carriage of passengers and cargo by air on the basis of a license and an Air Operator's Certificate issued by the TM-CAD;
Air Carrier Code means a conventional letter or alphanumeric designation of an 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 the ABS/GDS;
Air Transportation means the transportation of passengers and baggage by an aircraft on the basis of an air transportation agreement. The carriage may be international or domestic;
Automated Booking System/Global Distribution System means a system that provides information on flight schedules, seat availability and fares of air carriers and through which air transportation services are booked (hereinafter referred to as the ABS/GDS);
Baggage Identification Tag means a document issued by the Carrier to identify checked-in baggage;
Boarding Pass means a document (paper or mobile) that confirms 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 means a boarding pass adapted for display on the screen of an electronic device, which contains, in addition to personal data, information about the flight and a special barcode for reading by a scanner at the airport. An e-mail or SMS message not to be considered as a mobile boarding pass;
Carrier's Rules means the rules, instructions, mode of operation, and technologies established by the carrier that are used during the air transportation of passengers and/or baggage, including the rules of air transportation of passengers and baggage, rules for applying fares, standards and guidelines for passenger and baggage service, and the procedure for handling claims;
Charter Agreement means an agreement under which one party (charter) undertakes to grant the other party (charterer) with all or part of the capacity in one or more aircraft for one or more flights for the carriage of passengers and baggage for a fee;
Charter Flight for Business Purposes means a charter flight for which the entire capacity of the aircraft is chartered 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 distributed among other charterers. In this case, the number of passengers transported may not exceed 15 people and the cargo may not exceed 2 tonnes;
Claim means a written request of an interested person for the restoration of rights, compensation for damage caused as a result of domestic or international air transportation, payment of compensation, etc;
Commercial Agreements mean any agreements between air carriers, except for the agency agreement, concerning the provision of joint services related to air transportation of passengers and baggage;
Confirmed Booking means a booking made in an automated booking system and confirmed by the air carrier. It is indicated in the ticket (electronic ticket) by the mark "OK";
Damaged Ticket means a ticket, the condition of which due to the fault of the passenger does not allow to read the information contained in it;
Day means a calendar day, including all days of the week, holidays and public holidays. To determine the validity of transportation documentation, acts and other documents, as well as the end of transportation, the limitation period for filing claims, the countdown begins at 00 o'clock of the day following the day when the event occurred or the action was performed. The remaining time of the day shall not be taken into account. If the expiry of the period specified above falls on a holiday or weekend, the expiry date shall be the first business day following it;
Entity Providing Agency Services for the Sale of Air Transportation (hereinafter referred to as the Sales Agent) means a legal entity that carries out activities for the sale of air transportation on behalf of the air carrier or the general agent on the basis of a contract;
Excess Baggage means a part of baggage that exceeds the free baggage allowance established by the carrier or requires mandatory payment regardless of the specified allowance;
Exceptional Conditions mean the conditions under which the transportation of passengers and baggage does not fall under the normal operations and procedures for the operation of civil aircraft, including the conditions under which the transportation of a peacekeeping contingent, transportation to eliminate the consequences of a natural disaster or accident, etc. is carried out and neither under the Airline`s control;
Extraordinary Circumstances mean circumstances that lead to a prolonged delay or cancellation of one or more flights, even if the relevant air carrier has taken all reasonable measures to prevent delays or cancellations. Extraordinary Circumstances include, in particular, but not exhaustively, military operations, riots, sabotage, embargoes, fires, floods or other natural disasters, explosions, actions or inaction of state authorities, strikes, technical obstacles resulting from failures and malfunctions of power supply, communication, communications, equipment, software systems. Technical malfunctions of the aircraft are not considered to be extraordinary circumstances;
Family Members means married persons, parents of married persons, children, including adopted children, guardians, grandparents, siblings, grandchildren, dependents recognized by law. The list of persons belonging to family members may be expanded in the air carrier's rules;
Fare Application Rules means the conditions for using fares established by the air carrier, which provide for the determination of the territory of sale, the season of sale and flights for which tickets can be purchased at a certain type of fare, the possibility of combining with other types of fares and stopping at an intermediate point, children's discounts, rules for refunds for an unused ticket or part of it, rebooking conditions, free baggage allowance, the possibility of transferring a passenger for transportation to another airline, etc;
Fare Standards means the fares established and published by the carrier and the rules for their application;
Final Time of Check-in of Passengers and Baggage means the time after which passengers who have not had time to check in or board the aircraft are not accepted for transportation on the relevant flight;
Flight means a flight of an aircraft (scheduled or unscheduled), which is performed in one direction from the initial point of departure to the final destination of the route;
Flight Coupon means a part of a passenger ticket or, in the case of an electronic ticket, an electronic coupon, which specifies the respective points of departure and arrival between which the coupon is valid for the carriage of passengers and baggage;
Group Transportation means the transportation of a group of persons who have a common purpose of travel. The minimum number of people in a group is set by the air carrier;
Handling Agent means a ground handling entity authorized by the carrier to perform ground handling operations for passengers and baggage;
Interline Agreement means an agreement on mutual recognition of transportation documents and relevant mutual settlements;
International Transportation means transportation in which the point of departure and the point of destination, regardless of whether there is a break in transportation or transshipment, are located either in the territory of two different countries or in the territory of one country if the agreed stop is provided in the territory of another country;
Inspection means a security control procedure with the use of technical or other means used to detect weapons, explosives, objects or devices that may be used to commit an act of unlawful interference;
Itinerary/Receipt means a document (documents) that is an integral part of the electronic ticket and contains the necessary information (for example, passenger's name, route, fare, etc.), notifications and messages;
Main and Permanent Place of Residence means one fixed and permanent place of residence of the passenger at the time of the event. Passenger's Citizenship is not a determining factor in determining the permanent place of residence;
Main Place of Operation of the Air Carrier means the location of the head office where the main administrative, organizational and financial functions of the air carrier are performed;
Montreal Convention means the Convention for the Unification of Certain Rules for International Carriage by Air, signed on May 28, 1999 in the city of Montreal;
Multimodal Transportation means transportation carried out using different types of transport on one transport document with the participation of air transport;
Operating Air Carrier means an air carrier that performs or intends to perform a flight under a contract with a passenger or on behalf of another person, legal or natural, who has a contract with this passenger, transports or undertakes to transport the passenger and/or their baggage in accordance with 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 contractual carrier. The term "carrier" includes agents, employees, representatives and contractors of the carrier, unless otherwise provided by these Regulations;
Overbooked Flight means a flight for which the number of passengers who have a confirmed booking and arrived for check-in before the end of the final check-in time exceeds the number of available seats on the flight;
Passenger Coupon (or Passenger Receipt) means a part of the passenger paper ticket that remains with the passenger after the carriage and to which notifications regarding the conditions of the passenger's carriage are attached;
Point of Departure means the point indicated in the ticket from which the carriage of passenger and/or baggage begins;
Point of Destination means the point indicated in the ticket where the carriage of passengers and/or baggage ends;
Potentially Dangerous Passengers means a category of passengers subject to administrative procedures, such as: persons without the right to enter, deported persons and persons in custody;
Reasonable Measures means adequate measures taken by the carrier to prevent or reduce damage (losses) caused to the passenger;
Reasonable Time means a period of time, the reasonable limit of which in the case of air transportation of a passenger (baggage) is two hours or more - for all flights up to 1500 kilometers; three hours or more - for all flights from 1500 to 3500 kilometers; or four hours or more - for all other flights;
Regular Fare means a full fare without any restrictions on its application, established for first, business, premium, and economy class services, which provides maximum flexibility in terms of seat booking, ticket issuance, stopover period, fare combination, rebooking and change of date and route, denial of transportation, etc;
Route Segment means a part of the transportation between two points, which is an integral part of the full route and is issued on one flight coupon;
Service Animals means animals (usually dogs or other animals) that are under the control of a passenger with a disability or reduced mobility and a person accompanying such a passenger in order to provide physical and/or emotional support to a passenger with a disability or reduced mobility, provided that the presence of animals on board the aircraft does not endanger flight safety, does not pose a threat to other passengers and meets sanitary and hygienic standards;
Special Conditions means the conditions of carriage of passengers and baggage that arise as a result of non-compliance of the provisions of these Regulations with the rules of another country, or if the rules of another country establish a lower level of carriage conditions than those established by these Regulations, or if another country requires compliance with its rules and thus jeopardizes the performance of the contract of carriage;
Special Drawing Right (hereinafter referred to as SDR) means a unit of account used by the International Monetary Fund (hereinafter referred to as IMF);
Special Fare means a fare published by the carrier that has certain restrictions on its application;
Stopover means a pre-agreed temporary stop between the air carrier and the passenger at any point, except for points of departure and destination;
Transfer Passenger means a passenger who, in accordance with the air transportation agreement, is sent to the point of transfer (connection) by one flight and then transported by another flight of the same or another air carrier;
Transit Passenger means a passenger who, in accordance with the air transportation agreement, is further transported by the same flight on which he/she arrived at the intermediate airport.
2.1 General conditions of carriage
2.1.1 These Regulations apply to any international and domestic transportation of passengers and/or baggage for a fee or free of charge.
2.1.2 These Regulations apply to the passenger travelling on the flight(s) according to the ticket. The designation of the Airline as the carrier for such a flight is a confirmation of the existence of a contract of carriage for such a flight between this air carrier and the passenger specified in the ticket.
2.1.3 All transportation of passengers and baggage is subject to the rules of the air carrier, as well as the air carrier's fare standards in force on the date of ticket issuance (issuance of an electronic ticket), and if such date cannot be determined, on the date of the beginning of transportation. During the carriage of passengers and baggage, the Regulations, fares, and charges in force on the date of ticket issuance are used. The Regulations and fare standards of the Airline, as amended after the date of issuance of the ticket, may not be applied to the contract of carriage of passengers and baggage without notifying the passenger, unless otherwise provided by applicable laws.
2.1.4 The air carrier has established these Regulations in order to improve the efficiency and quality of transportation that meets quality standards and norms, responsibility for passenger service.
2.1.5 The air carrier has the right to transport passengers and baggage in respect of which it is impossible to ensure compliance with these Regulations only under special conditions provided for in Paragraph 2.2 of this Section.
2.1.6 These Regulations shall not be used for the carriage of passengers and baggage carried out under exceptional conditions that do not fall within the normal operations and procedures for organizing the carriage of passengers and baggage.
2.2 Special conditions of carriage
In the event of an emergency situation in which the Airline is unable to comply with the provisions of these Regulations in terms of ensuring the general conditions of transportation of passengers and baggage under normal circumstances, the Airline has the right to ensure the fulfilment of its obligations for transportation through the use of alternative means of transportation, in accordance with the procedure established by law.
The air carrier's rules on the use of special fares and transportation of certain categories of passengers and baggage are special conditions of transportation.
3.1 Agreement for the carriage of passengers and/or baggage
3.1.1 Air transportation is performed on the basis of an agreement between the Airline and the passenger. The conclusion of the air transportation agreement and its terms are confirmed by a ticket issued to the passenger by the Airline or a sales agent.
3.1.2 The ticket entitles the passenger specified in the ticket to travel on the relevant flight(s) and obliges the Airline to carry out the relevant transportation of the passenger and/or their baggage, as well as to provide other services in accordance with the air transportation agreement, except as specified in Paragraph 3.1.4.
3.1.3 The terms of the air carriage agreement attached to the ticket must contain information for passengers on the limitation of liability during the carriage of passengers and baggage, taxes and fees; the time of the beginning and end of check-in and boarding; information on checked baggage and cabin baggage; the time limits for filing claims for improper carriage of passengers and baggage; information on the prohibition of the carriage of certain items in checked baggage or cabin baggage; the rights of passengers in case of denial of carriage, cancellation of long delay of flight; the address of the Airline, to which passengers can send their appeals; other information that the Airline considers necessary for the passenger.
3.1.4 A person is not entitled to travel on the flight, and the Airline or a person authorized by the Airline has the right to recognize the ticket as invalid if:
the person presents a damaged ticket or a ticket that was amended by someone other than the Airline or its authorized sales agent;
it is established that the ticket was purchased with a fake/stolen or invalid payment card (credit card);
a person fails to present a ticket containing a flight coupon for the relevant flight, all other unused flight coupons, and a passenger coupon;
violation of the sequence of use of flight coupons due to the passenger's fault;
the ticket is not issued in the name of the Passenger who submitted it;
the ticket is forged or fake;
the ticket was purchased from a legal entity or individual who is not a Representative or Agent of the Airline;
the fare was incorrectly applied, or the passenger did not pay the cost of air transportation in full on the day of the air transportation through no fault of the Airline and/or the sales agent.
3.1.5 Tickets that are recognized as invalid due to the fault of the Airline shall be reissued at the passenger's request. Tickets that are declared invalid for reasons beyond the control of the Airline are subject to withdrawal without reissue. In all cases, the Airline or a person representing their interests shall draw up a report, the original of which shall be provided to the passenger and a copy of which shall be retained by the Airline.
3.1.6 A person found on board an aircraft without a ticket or with a ticket that the Airline has recognized as invalid is subject to disembarkation from the aircraft.
3.1.7 The passenger is obliged to keep the ticket and other transportation documents until the end of the carriage, and in case of a claim - until it is resolved. The ticket and other transportation documents issued to the passenger must be presented at the first request of the authorized persons of the operator (airport operator, handling agent, etc.).
3.2 Lost or damaged ticket
3.2.1 In case of loss or damage of the ticket (part of it) by the passenger, the Airline, at the passenger's request, may replace such ticket (part of it) by issuing a duplicate ticket, provided that the passenger signs an agreement on reimbursement in favour of the Airline of losses up to the cost of the original ticket, which the Airline has suffered or may suffer 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 its full cost.
The Airline has the right to charge the passenger for the services of issuing a duplicate ticket, if the loss or damage was not caused by the negligence of the Airline (its agent). In case of loss or damage of a ticket of another carrier, a duplicate ticket is issued only with the written consent of such carrier.
3.2.2 The Airline has the right to refuse to issue a duplicate ticket to a passenger if
the passenger has not signed the agreement provided for and refused to pay for the services of issuing a duplicate ticket;
the passenger requests the issuance of a duplicate ticket at the airport on the day of the flight if there are less than three hours before the scheduled departure of the flight or the flight is operated during hours when the airline office that must provide the consent is not open.
3.3 Prohibition of ticket transfer
3.3.1 The ticket can be used for transportation only of the person whose name and surname are indicated on the ticket.
3.3.2 In order to fulfil the requirements of Paragraph 3.3.1, the Airline has the right to require the passenger to identify himself/herself.
3.4 Ticket validity period
3.4.1 The ticket validity period includes:
general validity of the ticket;
validity period for transportation.
3.4.2 The general validity period of the ticket entitles the passenger to use the ticket for all operations provided for herein, including obtaining a seat for a specific flight and date, refunding the cost of fully or partially unused transportation and other calculations established hereby.
3.4.3 The total validity period of the ticket covers the period of time from the moment of its issuance until the expiration of the period provided for the receipt of funds for an unused ticket by the rules for applying the Airline's fares.
3.4.4 A ticket with a guaranteed departure date entitles the passenger and their baggage to be transported from the initial airport, transfer airport, stopover airport or airport of return transportation specified in the ticket only on the day and by the flight specified in the ticket.
3.4.5 A ticket with an open date entitles the passenger and baggage to be transported from the respective airport only after the reservation is made and the Airline or its authorized person enters the departure date, departure time and flight number into the ticket.
3.4.6 A ticket issued at a normal fare is valid for transportation within one year from the date of commencement of transportation if part of the ticket is used, or from the date of issue - if the entire ticket is not used.
3.4.7 A ticket issued at a special fare is valid for transportation only until the date specified in the ticket and under the conditions established by the airline's fare rules.
3.5 Extension of the ticket validity period
3.5.1 The validity of the ticket regardless of the type of the applied fare is extended if the Airline:cannot provide a seat for the flight for which the passenger has a confirmed booking;
cancels the flight for which the passenger has a confirmed booking;
misses the agreed place of stopover;
fails to perform the flight within a reasonable time beyond the flight departure time specified in the ticket;
by their actions, cause the passenger to miss the connection to another connecting flight for which the passenger has a confirmed reservation and which is indicated on the same ticket as the previous flight;
cannot provide service in accordance with the paid class of service, in which case, if the passenger agrees to further transportation, the validity of their ticket shall be extended for the time until the first flight on which there is a seat for such a passenger in the paid class of service;
and in case of illness of the passenger or a member of their family travelling with him/her on the aircraft, provided that the relevant certificate of the healthcare institution is presented.
3.5.2 If the passenger, after the start of the trip, cannot continue it during the validity period of the ticket for transportation due to illness or other circumstances, the Airline extends the validity period of such a ticket until the time when the passenger can continue the trip or until the first flight of the Airline on which there is a seat in the paid class of service after such date and from the place where the trip was interrupted. The fact of illness or other circumstances must be confirmed by the relevant certificate of a health care institution. In this case, the Airline may also extend the validity of tickets of persons accompanying such a passenger.
3.5.3 In case of death of a spouse or family member of a passenger who has not started the trip, or in case of death of a passenger on the route, the validity of tickets may be extended for persons accompanying such a passenger, as well as the minimum stay at the point of event may be extended. The validity of tickets shall be extended upon receipt of a duly executed death certificate and for a period not exceeding 45 days from the date of the passenger's death. In applying these Regulations, family members of an individual are considered to be their parents and parents of their spouse, their spouse, children of both such individual and their spouse, including adopted children, guardians, grandparents, siblings, 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.
3.6 Sequence of flight coupons
3.6.1 The Airline accepts flight coupons only sequentially, starting from the first airport of departure specified in the ticket.
3.6.2 A ticket in which the passenger violates the sequence of flight coupons use is declared invalid unless it was the fault of the Airline or its authorized agent (sales and/or service).
3.6.3 The passenger coupon and all unused flight coupons that have not been previously returned to the Airline shall remain with the passenger during the trip and shall be provided to the Airline upon request. In case of violation of the sequence of use of flight coupons due to the passenger's fault, the Airline has the right to refuse to transport and refund the cost of unused flight coupons.
3.6.4 If a passenger refuses to be transported on one of the route segments, which leads to a violation of the use of flight coupons and wishes to use other route segments or a return flight, the passenger must notify the Airline and reissue the ticket.
3.7 Class of service
3.7.1 The Airline provides the passenger with services in accordance with the paid class of service. The Airline (its sales agent) informs the passenger during the booking and/or issuance of the ticket about the service provided in the relevant class.
3.7.2 The passenger is accepted for transportation in the class of service specified in the flight coupon for the date of the flight and the corresponding flight for which the passenger has a confirmed booking.
3.7.3 If a ticket is issued without a confirmed booking (booking status other than "OK"), a seat will be booked at the passenger's request during check-in, provided that such a seat is available in the paid class of service on the relevant flight. If there is not enough time to make a booking, the passenger may be accepted for transportation without making a booking.
3.7.4 The Airline has the right to upgrade or downgrade the class of service for both technical and commercial reasons. In the event of a downgrade, the air carrier shall notify the passengers as soon as possible and offer appropriate compensation.
3.8 Terms and conditions for presenting tickets for refund of amounts paid
3.8.1 The ticket may be presented to the Airline for a refund of the amounts paid for partially or fully unused transportation, if such a refund is allowed by the rules of fares application:
before the beginning of the transportation, or
during the entire period of validity of the ticket for transportation, or
within 30 days after the expiration of the validity of the ticket for transportation.
The Airline, taking into account the circumstances that made it impossible to present the ticket for the refund operation, may extend this period.
3.8.2 Refunds for unused tickets are made in compliance with the requirements of the rules for applying fares established by the Airline.
3.8.3 The expiration of the period does not deprive the passenger of the right to file a claim against the Airline.
3.9 Abbreviations
3.9.1 The name of the Airline may also be indicated in the ticket (itinerary receipt) in the form of the IATA code of the Airline (U5) or the ICAO code of the Airline (SEU).
3.9.2 The Airline (its sales agent or handling agent) shall inform the passenger during the booking (check-in) of the full name of the Airline, which is indicated in the ticket in the form of a code:
U5 - IATA code of the Airline;
SEU - ICAO code of the Airline.
A stopover on the route is allowed provided that it is previously agreed with the Airline and indicated on the ticket.
If the passenger has a ticket issued at normal fares, stops during the validity period of the ticket are allowed at any point of the route.
If the passenger has a ticket issued at a special fare and makes a stopover, the passenger may be charged an additional fee for this.
5.1. The fares used are the fares established and published by the Airline or on behalf of the Airline (or if not published, then calculated in accordance with the fare standards of the Airline) for the flight or flights from the place of departure to the place of destination indicated in the ticket, which are valid on the day of payment for the ticket for the corresponding class of service.
Each fare provides for the rules of its use, which establish the validity period of the ticket, the conditions for using the fare and refunds for the unused part of the transportation, other conditions and may include surcharges to the fare, which are its integral part. The rules for applying fares are approved by the head of the Airline and posted on the website of the Airline www.skyup.aero and are available to passengers for review.
5.2. Fares do not include transport services between airport terminals and between airports and city terminals.
5.3. Airport charges (fees) for the provision of services to passengers during their service at the airport are set and approved in accordance with the current legislation and must be published in a form available for review.
5.4. Airport charges (fees), taxes and fees established by the state of the airport of departure/destination, charges (taxes) of the Airline are not included in the fare, but together with the fare constitute the full cost of transportation. The Airline and the sales agent charge a fee for the registration of air transportation and for the refund operation. The fee for the operation of issuing the carriage is not included in the ticket price and is paid separately.
5.5. Airport charges (fees), taxes and fees established by the state of the airport of departure/destination, charges (fees) of the Airline established for the use of any services or equipment may be included in the cost of transportation or paid separately with the provision of a document confirming payment for these services.6.1. Booking requirements
6.1.1. Booking a seat on an aircraft and a carriage container for the carriage of excess baggage for a specific flight and date is a prerequisite for the carriage of passengers and excess baggage by air.
6.1.2. For booking purposes, ABS/GDS are used. Seats and tonnage can be booked via landline and mobile communications, the Internet, specialized self-service machines, etc. The main condition for the use of such booking methods is the reflection of the completed booking in the Airline's booking system.
6.1.3. Booking is made within the terms and in the manner established by the carrier and published on its website or in another way determined by the carrier.
6.1.4. The Airline or its sales agent who made the booking informs the passenger (their representative) about the conditions of application of the fare at which the booking was made, the terms of payment and ticket issuance and about changes in the schedule as soon as possible. The passenger who makes a booking via the website must read this information independently. The Airline must enter information about changes in the flight schedule into the ABS/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 obligation to inform passengers in the event of changes in the flight schedule less than 8 hours in advance is imposed on the Airline.
6.1.5. Until the passenger (their representative) has paid the full cost of transportation, the booking is considered provisional and, if necessary, may be cancelled with a notice to the passenger.
6.1.6. In case of non-payment of the cost of transportation by the passenger (their representative) within the period set by the Airline (its sales agent), the booking is cancelled without notifying the passenger.
6.1.7. If a passenger does not arrive for the flight (for check-in or boarding - "NO-SHOW") for which he/she has a confirmed booking and does not inform the Airline about changes in their travel before check-in, the Airline has the right to cancel the booking for the following segments of the route or for the return flight.
6.2. Personal data of the passenger
6.2.1. During the booking, the passenger shall provide the Airline or its sales agent with the necessary information about their personal data and special conditions of transportation. In addition, during the booking, the passenger is obliged to provide the Airline or its sales agent with reliable information about their phone number, address and other possible backup contact for timely notification and informing the passenger.
In the absence of proper communication with the passenger, which is documented by the Airline and the communication company, the passenger is responsible for the consequences of untimely notification and information about changes in transportation. It is prohibited to enter the contact details of the sales agent instead of the passenger's contact details in the booking. The sales agent is responsible for the absence of the required personal and contact details of the passenger in the booking.
6.2.2. If the passenger refuses to provide the information required for the booking, the booking will not be made.
6.2.3. By providing their personal data during the booking, the passenger thereby authorizes the Airline and gives their consent to the processing, storage and transfer of their personal data to third parties for the purpose of booking or re-booking transportation, servicing flights and passengers, receiving additional services, organizing baggage search and preventing/detecting fraud with transportation documents, providing information assistance on entry/exit along the route of transportation and accompanying the passenger.
6.3. Provision of a seat
6.3.1. Seat booking can be made with or without assigning a specific seat to a passenger on board the aircraft.
6.3.2. The Airline has the right to change the seat assigned even after the passenger has boarded the aircraft for security and technical reasons.
6.3.3. If a ticket is issued with an open departure date, seat booking is carried out on a general basis, subject to the availability of seats on the flight.
6.3.4. If a passenger has a ticket with an open departure date and requests a seat, and the Airline does not have such a possibility, the Airline or an authorized sales agent must offer the passenger to make a booking for the next flight available seats.
6.3.5. The priority and extraordinary right to board a flight is determined in accordance with the current EU and Malta legislation and determined by the Airline Operation Manuals.
6.4. Reconfirmation of the return flight booking
6.4.1. The Airline has the right to require the passenger to re-confirm the return flight. Flights on which the procedure of return flight confirmation is introduced are established by the Airline. The passenger must be informed about the need to confirm the return flight.
6.4.2. Re-confirmation of the return flight is not required if the return flight is scheduled less than 72 hours in advance or the booking is made for the flight less than 72 hours before the scheduled departure time. If the passenger has several segments of the flight route, the confirmation is made for each segment.
6.4.3. The Airline must inform the passenger when and how to re-confirm.
Failure of the passenger to comply with the Airline's requirements for reconfirmation of the booking entitles the Airline to cancel the unconfirmed booking, but not earlier than 72 hours before the scheduled departure of the flight.
6.5. Booking and sale of transportation via the Internet
6.5.1. You can book a ticket via the Internet using the websites www.skyup.aero or sales agents.
6.5.2. Placing an order is a confirmation that the user agrees to the terms and conditions of the air transportation agreement, is familiar with the rules and conditions of the Airline, as well as the terms and conditions of the fares.
6.5.3. After making a booking and paying for the transportation, the user is sent an itinerary receipt (Itinerary/Receipt) and the terms of the contract of carriage between the passenger specified in the itinerary receipt and the Airline to the email address specified in the booking.
6.5.4. The passenger may not cancel a self-paid and completed reservation via the Internet. This operation is carried out by the Airline or the sales agent, provided that the passenger submits an application for a refund.
6.5.5. The Airline and its sales agent, through whose website the booking was made, are obliged to timely inform the passenger about changes in the booking made by the Airline. The Airline must enter the information about changes in the booking into the ABS/GDS no later than 8 hours before the departure. Otherwise, the sales agent is not responsible for the timeliness of informing the passenger about changes in the booking.7.1. Passengers servicing at the airport
7.1.1. The airport operator or handling agent shall provide passengers at the airport with visual and/or acoustic information on:
- time of departure and arrival of the aircraft;
- place, time of the beginning and end of check-in;
- delays or cancellations of flights and reasons for delays and cancellations;
- methods and routes of transfer between airport terminals or travel between airports and from the airport to the city;
- rules and procedures for passing aviation security control of passengers, their hand luggage and baggage;
- general rules for the fulfilment by passengers of requirements related to border, customs, immigration, sanitary and epidemiological, veterinary and sanitary, phytosanitary and other types of control in accordance with applicable laws;
- location of the mother and child's room, law enforcement post, information desk, first aid post, toilet, etc.;
- place of baggage collection and actions of the passenger in case of delay, damage, or destruction of baggage.
7.1.2. All announcements are made in English and the language of the country from which the flight is operated.
7.1.3. At the airport, the Airline or the handling agent provides:
- check-in of passengers and baggage for carriage;
- ground transportation of passengers and their baggage to the place of parking of the aircraft and organizes boarding of passengers into the aircraft and loading of their baggage;
- organizing the disembarkation of passengers from the aircraft and unloading of their baggage, their ground transportation to the relevant terminal of the airport of arrival, and baggage delivery;
- informing about flight delays/cancellations no later than 10 minutes before the scheduled arrival time of the aircraft.
7.1.4. The start and end times of passenger and baggage check-in and boarding times are set by the airline considering security procedures and may differ depending on the airport of departure and arrival.
7.2. Passenger service on board the aircraft
7.2.1. The Airline shall provide passengers on board the aircraft with a range of services depending on the type and equipment of the aircraft, flight duration, time of day during which the flight takes place, and the class of service specified in the ticket. The scope of services and the procedure for their provision are determined by these Regulations.
7.2.2. The Airline shall provide:
- equipping the passenger cabin of the aircraft with technical means and systems to ensure passenger safety; maintaining the appropriate temperature regime in the cabin, means of individual use for passengers (individual lighting, fan, table for meals, system of seat belts, oxygen masks, etc;)
- maintaining the proper sanitary and hygienic condition of the aircraft cabin;
- serviceability and completeness of equipment, inventory and passenger service facilities;
- availability of seats for passengers with children;
- accommodation of persons transported on stretchers and passengers with disabilities or reduced mobility (if provided for by the design of the aircraft);
- providing services that create comfort and correspond to the duration of the flight.
7.2.3. The Airline shall have trained personnel on board the aircraft in sufficient numbers to provide passenger services, including first aid, and to ensure flight safety.
7.2.4. The Airline shall provide the following free services on board the aircraft:
- Assistance to passengers during boarding or disembarkation to/from the aircraft (finding a seat, placing hand luggage, etc.);
- information and reference service - timely and accurate information of passengers on the rules of conduct on board the aircraft, services provided (paid, free of charge), flight conditions, use of safety and emergency equipment, location of personal protective equipment and inflatable slides in the aircraft cabin, location of main and emergency exits, conditions for leaving the aircraft in emergency situations;
- first aid;
- use of toilet rooms;
7.2.5. Passenger service on board the aircraft may be provided in the following classes:
- first;
- business;
- premium or comfort (improved economy);
- economy class.
7.2.6. Meals and drinks are provided on board the aircraft in accordance with the standards established by the Airline and according to the order for meals and drinks paid by the passenger.
7.2.7. The Airline may provide additional services to the passenger in 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 posting relevant information on the website www.skyup.aero.
7.3. Safety requirements on board the aircraft
7.3.1. The aircraft is equipped with the necessary set of emergency rescue equipment and means of emergency evacuation of passengers in an emergency.
7.3.2. The maximum number of persons on board an aircraft shall not exceed the number of seats and seats equipped with seat belts.
7.3.3. Before take-off, landing and in special cases, passengers are required to fasten their seat belts, and flight attendants are required to check the fastened and correctly tightened seatbelt for each passenger. Children under two years old who are transported without a separate seat are placed on the lap of an adult passenger, who must hold them firmly with his or her hands and secure them with special belts attached to the adult's seat belt, or securely fastened in a car-seat (if it is approved for air travel).
7.3.4. On each flight, flight attendants shall:
- timely and correctly inform passengers about the location of safety and emergency equipment and the rules for its use;
- familiarize passengers with the safety instructions;
- during boarding and accommodation of passengers in the aircraft, carefully observe the requirements for placing luggage,
- in emergency situations, maintain self-control, and confidence in their actions and in themselves; the actions of flight attendants should be clear, their voice calm, and their words convincing;
- before boarding and disembarking from the aircraft, check the correctness of the stairs;
- before take-off and landing of the aircraft, check the correctness of installation and reliability of fastening of equipment and inventory;
- prevent passengers from moving around the cabin when the "Fasten seat belts" display is switched off.
7.3.5. Cradles for infants must be installed after take-off and after the "Fasten seat belts" display is switched off and removed no later than when the "Fasten seat belts" display is switched on before the aircraft lands (if provided for by the aircraft design).
7.3.6. The Airline ensures safety in the cabin, proper and reliable placement of hand luggage, baggage, removable equipment, soft goods, and service items.8.1. Carriage of passengers with disabilities or reduced mobility
8.1.1. The Airline or the sales agent has no right to refuse to book seats to persons with disabilities or reduced mobility, except as specified in Paragraph 8.1.2. The Airline and the handling agent have no right to refuse to board the aircraft to persons with disabilities or reduced mobility in the presence of a valid ticket and booking, except in cases specified in Paragraph 8.1.2.
8.1.2. The Airline, sales agent, handling agent may refuse to confirm the booking or board the aircraft to a person with disability or reduced mobility, as well as require such person to be accompanied by another person who is able to provide the necessary assistance:
- if the size of the aircraft or its doors makes it impossible to board the aircraft or transport a passenger with a disability or reduced mobility.
In case of refusal to confirm the booking for the reasons specified herein, the Airline and the sales agent shall first of all make every effort to offer such person an acceptable alternative transportation option.
8.1.3. Passengers with disabilities or reduced mobility who were denied boarding the aircraft for the reasons specified in Paragraph 8.1.2, as well as any person accompanying a passenger with disabilities or reduced mobility, the Airline shall, first of all, offer a refund of the ticket price or a change of route in accordance with Paragraph 15.2.2. No compensation will be paid in this case. The right to a return flight or a change of route is granted subject to compliance with all safety requirements.
8.1.4. The Airline and the sales agent are obliged to publish on their website www.skyup.aero in English, as well as in other languages if necessary, the rules of safety, escort and conditions of transportation of passengers with disabilities or reduced mobility, as well as any restrictions on their transportation or transportation of vehicles, taking into account the technical capabilities of the aircraft.
The tour operator and sales agent must inform the passengers about the safety rules, escort and restrictions for flights involved in complex trips, trips and tours that they organize and/or offer for sale.
8.1.5. In case of refusal to make a booking or board an aircraft to a person with a disability or reduced mobility for the reasons specified in Paragraph 8.1.2, the Airline, sales agent or service agent shall immediately inform such person of the reason for the refusal and, at the request of the person who was refused to make a booking or board the aircraft, provide an additional written notice of the reasons for the refusal within five working days from the date of receipt of the request.
8.1.6. The airport operator, together with the airport users and with the involvement of organizations representing the interests of persons with disabilities or reduced mobility, shall determine the locations of arrival and departure points to/from the airport terminal building or within the airport, where passengers with disabilities or reduced mobility could freely report their arrival and request the necessary assistance. Departure and arrival points may be located in the same or different locations.
At the designated locations of arrival and departure points, basic information about services, location of service points, etc. should be posted in a format accessible to passengers with disabilities or reduced mobility.
8.1.7. In order to ensure the rights of passengers with disabilities or reduced mobility when using air transportation services, airport operators and the Airline must establish groups (services) to assist persons with disabilities or reduced mobility. Such groups (services) can be either permanent (for example, at airports with a large volume of passengers with disabilities or reduced mobility) or temporary (shifts organized from among employees for specific cases of servicing passengers with disabilities or reduced mobility).
8.1.8. The passenger is obliged to decide on their ability to use air transport before the start of the journey, taking into account their health condition. The Airline must provide relevant information about the flight in a form accessible to the passenger.
8.1.9. The Airline and sales agents shall take all necessary measures to ensure that all their points of sale, including during sales by telephone and mobile communication, the Internet, provide information on assistance to passengers with disabilities or reduced mobility provided by the Airline, the conditions and procedure for ordering such assistance.
Upon receiving a request for assistance to a person with a disability or reduced mobility, a sales agent shall, within 24 hours of receiving the request, send such a request to the Airline.
8.1.10. A request for assistance in transporting a person with a disability or reduced mobility must be sent by the sales agent who received such a request or by the passenger (their representative) to the Airline no later than 48 hours before the announced time of departure of the flight.
The Airline must provide the relevant information at least 36 hours before the announced departure time of the flight:
- to the airports of departure, arrival and transit;
- to the servicing Air Carrier, if such a carrier has not made a booking.
In all cases, except for those specified in this paragraph, the Airline and its sales agent shall provide information as soon as possible.
If the event that led to the loss of mobility occurred less than 24 hours before the departure or the request for assistance was not made during the booking, the issue of the possibility of transporting the person who lost mobility is resolved promptly by calling the telephone numbers posted on the Airline's website www.skyup.aero.
8.1.11. After the departure of the flight, the Airline or the handling agent shall as soon as possible send a message to the destination airport about the number of passengers with disabilities or reduced mobility on the flight, indicating the necessary assistance.
8.1.12. If a passenger with a disability or reduced mobility arrives at the airport for the purpose of air transportation for which he/she has a booking, the airport operator must ensure the provision of assistance specified in Paragraphs 8.1.18, 8.1.19, provided that the request for assistance in the transportation of a person with a disability or reduced mobility is sent to the Airline at least 48 hours before the departure time of the flight indicated in the ticket.
The request for assistance in the transportation of a passenger with a disability or reduced mobility applies to the return flight if an agreement has been concluded with the Airline for the departure flight and the return flight, and the passenger must be notified of this.
8.1.13. If it is necessary to use a guide dog or other service animals, the Airline must ensure the transportation of a passenger with a disability or reduced mobility together with a guide dog or other service animal. Passengers accompanied by a guide dog are seated in seats with sufficient space for the guide dog, not far from the emergency exit. Guide dogs and service animals are transported free of charge.
8.1.14. In case of failure to receive a request for assistance during the transportation of a person with a disability or reduced mobility, the airport operator shall take all possible measures to provide the necessary assistance specified in Paragraphs 8.1.18, 8.1.19.
8.1.15. The provision of Paragraph 8.1.12 applies if a passenger with a disability or reduced mobility is present at check-in at the time specified by the Airline (tour operator) and notified to the passenger in writing (including by electronic means), or no later than one hour before the departure time of the flight indicated in the ticket.
Also, the provisions of Paragraph 8.1.12 apply if the passenger arrives at a place within the airport designated for handling passengers with disabilities or reduced mobility:
- at the time determined by the Airline (tour operator), service agent handling the flights of the Airline, and communicated to the passenger in writing (including by electronic means); or
- not later than two hours before the flight departure time indicated in the ticket, if the time of arrival at the airport was not reported.
8.1.16. The airport operator or handling agent shall take measures to ensure that passengers with disabilities or reduced mobility are able to:
- announce their arrival at the airport, including by means of a "call button" or intercom system in an accessible place and at a level convenient for such passengers, and seek assistance at designated locations within and outside the airport terminal buildings;
- move from a certain point to the check-in desk;
- check in and check out baggage;
- move from the check-in desk to the aircraft with the passage of migration, customs and other procedures;
- board/disembark from/to the aircraft with the help of lifts, wheelchairs, cabin wheelchairs or other necessary support;
- move from the aircraft door to their seat;
- store and retrieve baggage in the aircraft cabin;
- move from your seat to the aircraft door;
- move from the aircraft to the baggage claim area and receive baggage with the passage of migration and customs procedures;
- move from the baggage claim area to the designated control point;
- move to the gate for boarding a connecting flight in case of transit with assistance in the air and on the ground, as well as, if necessary, within and between airport terminals;
- move, if necessary, to the toilet room within the terminal;
- receive information necessary for flights in acceptable formats;
- temporarily replace damaged or lost vehicles on a similar basis.
The airport operator must also provide guide dog services, if necessary.
8.1.17. The airport operator or handling agent shall provide service for all necessary means of transport for a person with a disability or reduced mobility, including wheelchairs with electric drive, subject to 48 hours advance notice and taking into account possible space limitations on board the aircraft and in accordance with the provisions of ICAO, IATA on the transport of dangerous goods.
8.1.18. If a passenger with a disability or reduced mobility is assisted by an accompanying person, such a person must be provided with the opportunity to assist the passenger with a disability or reduced mobility at the airport, during boarding and disembarkation from the aircraft.
The Airline must provide a passenger accompanying a passenger with a disability or reduced mobility with a seat on board the aircraft, which is located next to the seat provided to the person accompanied.
8.1.19. The Airline must ensure the transportation of up to two units of vehicles by each passenger with a disability or reduced mobility, including wheelchairs with electric drive, subject to 48 hours' notice and taking into account possible space limitations on board the aircraft and in accordance with the provisions of ICAO, IATA in the field of transportation of dangerous goods.
8.1.20. In order to meet safety requirements, passengers with disabilities or reduced mobility are seated in the cabin near the emergency exit so as not to impede the rapid evacuation of passengers from the aircraft.
The Airline must ensure that such passengers are provided with assistance while moving in the cabin.
8.1.21. If wheelchairs, other mobility aids or auxiliary devices are lost or damaged during airport handling or transportation on board the aircraft, the passenger who owns such equipment is entitled to compensation for the value of such property.
8.1.22. Obligations to a passenger with a disability or reduced mobility in accordance with the provisions of this Section may not be limited or not fulfilled.
8.1.23. The Airline is not responsible for the deterioration of passengers' health or other consequences that may occur due to the passenger's age, mental or physical condition during boarding/disembarking from the aircraft, during the flight or after completion of air and ground transportation within the airport.
8.1.24. A passenger whose physical condition causes concern to the Airline is allowed to travel by air if he/she provides the Airline with a certificate from a health care institution stating that their physical condition allows traveling by air, and in some cases, that their disease does not pose a danger to others. Such a certificate must be issued no later than 5 days before the date of the scheduled departure.
8.1.25. Transportation of seriously ill passengers and passengers on stretchers is carried out only when accompanied by a person who will provide care for such a passenger during the flight and with the provision of seat(s) on the aircraft with payment at the fare set by the Airline.
8.1.26. If the passenger cannot be moved from the stretcher to the seat during the flight, the possibility of their transportation is determined in advance by agreement between the Airline and the person accompanying the passenger on the stretcher.
8.1.27. The Airline has the right to refuse to transport a passenger on a stretcher if the aircraft does not have the conditions necessary for their transportation.
8.1.28. The Airline, airport operators and handling agents must ensure that their personnel providing assistance to persons with disabilities or reduced mobility are sufficiently qualified.
8.1.29. If possible, the Airline, airport operators and handling agents shall designate a separate check-in desk for persons with disabilities or reduced mobility. If possible, the staff of these airport entities should receive appropriate training, including in sign language, including international language.
8.1.30. Assistance should be provided to passengers with disabilities or reduced mobility without degrading the dignity of the individual and guarantee 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 on board the aircraft. Services for the transportation and handling of passengers with disabilities or reduced mobility must be adapted to the needs of such passengers and provided in accordance with the guidance material provided in the Manual on Access to Air Transport by Persons with Disabilities (Doc 9984).
8.2. Carriage of children and pregnant women
8.2.1. Infants (INF) under 2 years of age and children (CHD) aged 2 to 12 years are considered children on air transport.
8.2.2. Children under 2 years of age are carried without a separate seat, and children aged 2 to 12 years are carried in a separate seat.
8.2.3. Children can be transported both accompanied and unaccompanied by an adult passenger.
8.2.4. The category "unaccompanied minor" is used for children aged 5 to 12 years for domestic and international transportation.
8.2.5. At the request of the child's parents or persons performing their duties, children aged 12 to 16 years may be registered as an unaccompanied minor.
8.2.6. The child's age is determined on the date of the start of transportation from the airport of departure indicated in the ticket.
8.2.7. Unaccompanied minors are accepted for air transportation provided that the child's parents or persons acting in their behalf fill in the relevant duly executed documents and pay for the services established by the rules of the Airline.
The Airline that carries an unaccompanied minor shall indicate the following information in the accompanying documents:
- surname and name(s), passport or identity document number, as well as contact information (country of residence, home address and telephone number) of the unaccompanied minor, the person sending the minor on departure and the person meeting the minor at the destination;
- surname and name(s), as well as contact information (country of residence, home address and telephone number) of one of the parents or the person performing their duties.
8.2.8. An adult passenger is allowed to carry no more than two infants - one without a separate seat and the other in a separate seat, with payment for such transportation at the fares established by the Airline for the transportation of children aged 2 to 12 years. An infant for whom a separate seat has been paid for must be transported in a car seat for the carriage of children that is certified for use in air transport. If the passenger does not have such a car seat and does not meet the specified conditions, the Airline has the right to refuse to transport the infant in a separate seat.
8.2.9. Passengers with children under 2 years old are provided with seats equipped with an additional oxygen mask.
8.2.10. Pregnant women may be accepted for air transportation provided that their gestation period does not exceed 35 weeks, and in case of multiple pregnancies - 32 weeks.
8.2.11. Conditions for the carriage of pregnant women, women in labour and newborns are determined by the rules of the Airline, which are available at www.skyup.aero.
8.2.12. It is not recommended to transport women in labour and newborns in the first 7 days after childbirth. The airline may prohibit the carriage of these categories of passengers.
9.1. For the carriage of passengers and baggage handling, the Airline or a handling agent in accordance with the contract of carriage provides passenger check-in and baggage handling using automated departure control systems (DCS), except for airports (runways) not equipped with automated departure control systems.
Passengers can also check-in independently using the Airline's website www.skyup.aero.
Check-in at the airport is free of charge if:
- it is provided for by the rules for applying the fare at which the ticket was purchased;
- it is impossible to check in using the Airline's website www.skyup.aero.
Otherwise, the Airline may charge an additional fee for check-in at the airport.
9.2. The passenger is allowed to be transported provided that:
- having a duly issued ticket;
- presentation of one of the documents specified in Paragraph 9.5. of this Section;
- fulfillment of immigration and customs control requirements;
- passing aviation security control;
- compliance with the rules of the Airline.
9.3. The check-in closing time on the Airline's website www.skyup.aero is set taking into account the time required for the delivery (arrival) of passengers and baggage to the airport of departure, as well as for boarding (loading) the aircraft and passing the administrative procedures and requirements related to border, customs, sanitary and epidemiological, veterinary and phytosanitary, and other types of control.
9.4. In order to comply with the formalities related to the departure procedure, the passenger must arrive at the place of check-in and checkpoint with the documents necessary for the trip no later than the time specified by the Airline (its sales agent). If the passenger arrives at the check-in point and checkpoint after check-in is over or does not have the necessary travel documents, the Airline may cancel the booking and is not obliged to delay the flight.
9.5. Passenger check-in and baggage check-in are carried out on the basis of a ticket and one of the identity documents or electronic display of the information contained in these documents.
9.6. The Airline checks the documents specified in Paragraph 9.5 and in case of international transportation - properly issued visas for entry (transit) in accordance with the requirements of the countries of destination or documents necessary for travel. In case of absence of any document required for travel, the Airline is obliged not to allow the passenger to travel by air.
In this case, the refusal to fly will be considered voluntary.
9.7. During check-in, the passenger is provided with a boarding pass, which indicates their surname and name, IATA code or ICAO code of the Airline, flight number, date and time of departure, time of beginning and end of boarding the aircraft, gate number and seat number (if any) on board the aircraft.
9.8. The end time of boarding the aircraft depends on the peculiarities of the airport, the circumstances of the flight departure and is set by the Airline.
Passengers receive information about the end of boarding the aircraft directly at the airport of departure.
In case of delay or non-arrival of the passenger for boarding the aircraft, the Airline has the right not to accept such a passenger for air transportation in order to avoid flight delays. In case of a passenger's delay or failure to arrive for boarding the aircraft, it is considered that the passenger refused to fly voluntarily, unless it was the fault of the Airline or the service agent.
9.9. During the passenger check-in and baggage handling, all passenger baggage provided for air transportation, except for the items specified in Paragraph 11.2.1 of these Regulations, is subject to weighing.
9.10. The Airline or the handling agent shall indicate in the baggage claim the quantity and weight of baggage accepted for carriage and issue a tear-off coupon of the baggage identification tag for checked baggage. If the passenger has a ticket in electronic form, the information on the quantity and weight of baggage is indicated electronically in the DCS system.
9.11. To indicate the special conditions of air transportation of checked baggage, a special warning baggage tag without a number may be attached to the identification baggage tag ("Fragile"; "Priority"; "Live Animals"; "Transfer"; "Wheelchair"; "Unaccompanied Minor" (UM); "Delivery at Aircraft", etc.). The form of baggage tags must comply with IATA Resolutions.
9.12. After baggage check-in and baggage handling, the Airline is responsible for the integrity and safety of checked baggage.
The passenger is responsible for the integrity and safety of hand baggage.
The passenger is responsible for the safety of the baggage with the "Delivery at Aircraft" tag attached to it until it is transferred for loading to the baggage compartment near the aircraft.
9.13. The fee for air transportation of baggage, the weight of which exceeds the free baggage allowance established by the Airline, is charged in accordance with the fare established by the rules of the Airline. Payment for the carriage of such baggage shall be made by a receipt for payment of excess baggage or a miscellaneous charges order.
9.14. The conditions for check-in via the website are determined by the rules of the Airline.
9.15. In case of check-in via the website, the Airline shall provide passengers with the opportunity to check in their baggage at the airport free of charge if the carriage of checked baggage is provided for by the rules of the fare at which the ticket was purchased.10. REFUSAL TO CARRY A PASSENGER AND BAGGAGE BY AIR IN ORDER TO ENSURE FLIGHT SAFETY
10.1. The Airline has the right to refuse transportation at any stage of air transportation, cancel the reservation or remove the passenger from the aircraft, if such action is necessary:
- due to the need to comply with the requirements of the current legislation of the country of departure, arrival or transit;
10.2. In order to ensure flight safety, the Airline has the right to refuse air transportation at any stage of transportation, cancel the reservation or remove the passenger from the aircraft based on its own reasonable decisions, if:
- the mental or physical condition of the person gives grounds to believe that the passenger needs special assistance from the Airline, which was not ordered or which the Airline cannot provide under certain circumstances, will cause discomfort to other passengers, will lead to any risk to themselves or other passengers or property of passengers and the Airline;
- the passenger has failed to comply with the instructions of the Airline related to ensuring flight safety, security, quality and comfort of passenger transportation, creates inconveniences for the transportation of other passengers, and therefore the Airline cannot fulfill its obligations to the passengers on board the aircraft;
- the passenger behaves in such a way that raises doubts about ensuring flight safety, security during transportation, namely, demonstrates aggressive behavior with the use of threats towards other passengers, employees of the Airline and the crew of the aircraft;
- the passenger refused to undergo a security check carried out by the security personnel of the Airline, airport or relevant state authorities;
- the passenger may pose a danger or already poses a danger to other passengers (baggage, cargo) or the aircraft;
- the passenger has not paid the appropriate fare or fees that must be paid;
- the passenger has not presented the documents required for travel;
- the passenger tries to enter the country without a valid entry document;
- the passenger has damaged or lost their identity documents during the flight, which makes it impossible to identify the passenger;
- the passenger is in a state of alcohol or drug intoxication;
- the passenger has previously committed the actions provided for in paragraphs two to eleven of this paragraph, and gives reason to believe that such behavior may be repeated;
- the ticket presented by the passenger is not valid for transportation, it was purchased from a person other than the Airline or its sales agent, declared lost, stolen, invalid, or has signs of forgery;
- the passenger has presented a flight coupon that has been damaged or corrected by a person other than the air carrier or its sales agent;
- the ticket contains the first unused flight coupon, and the passenger starts their journey at any other place of stopover on the route of transportation at a new fare, not regulated in accordance with the air carrier's tariff standards;
- the person who presented the ticket cannot identify himself/herself as the person indicated in the ticket.
In all cases of ticket withdrawal, the Airline shall draw up a relevant act, the original of which shall be provided to the passenger, and a copy shall remain with the Airline.
10.3. The Airline has the right to withdraw the ticket, declare it invalid and refuse to refund its cost if:
- the ticket was purchased from a person who is not the Airline or its sales agent;
- the ticket is declared lost, stolen, or 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 purchased a ticket using a fake/stolen or invalid payment card has been established;
- the fare was incorrectly applied or the passenger did not pay the cost of air transportation in full on the day of the air transportation through no fault of the Airline and/or the sales agent.
The Airline has the right to withdraw the ticket, declare it invalid and refund its cost in accordance with Paragraph 18.2.3 hereof if the validity period of the ticket is violated or the ticket contains the first unused coupon, and the passenger starts their journey at any other place of stopover on the route of transportation at a new fare, not regulated in accordance with the fare standards of the Airline.
The Airline has the right to withdraw the ticket, declare it invalid and issue a duplicate ticket if the passenger presents a spoiled flight coupon.
10.4. If a passenger is denied transportation or further transportation for the reasons provided for in Paragraph 10.2, the Airline may notify the passenger in writing that such a passenger will be denied transportation on the flights of the Airline in the future.
10.5. A passenger who is denied air transportation or further transportation for the reasons specified in Paragraph 10.1. has the right to a forced refund of the funds paid by him/her in accordance with Paragraphs 18.2.1 and 18.2.2 of these Regulations.
10.6. A passenger who is denied air transportation or further transportation for the reasons specified in Paragraph 10.2. of this Section has the right to a voluntary refund of the funds paid by him/her in accordance with Paragraph 18.2.3 of these Regulations.
10.7. In case of unreasonable delay of the passenger related to passing the control for the purpose of ensuring the safety of civil aviation, the Airline shall, at the choice of such passenger, provide their air transportation on the next flight or fully reimburse the cost of the ticket or its unused part.
10.8 The Airline has the right to include passengers to blacklist with further denied air transportation in case of unruly behavior mentioned in Paragraph 10.2.11.1 Baggage requirements
11.1.1 Passenger's baggage is accepted for air transportation at the time of its check-in at the airport of departure, transfer airport, airport of stopover or at another check-in point.
11.1.2 Depending on their size, weight and characteristics, the passenger's belongings may be carried as checked baggage or unchecked baggage (cabin baggage).
11.1.3 Items of baggage weighing no more than 32 kg may be carried as checked baggage. The sum of the three measurements of a single piece of baggage (length, width, height) must not exceed 158 cm. Excess baggage, bulk baggage and an item of baggage weighing more than 32 kg are accepted for carriage by air only with the consent of the Airline and if there is a free space on board the aircraft, as well as if the passenger pays for the carriage of such baggage, unless the carriage of such baggage has already been previously agreed with the Airline and paid for. Baggage that does not meet the requirements of this paragraph must be declared by the passenger for air transportation as cargo.
11.1.4 Information about the maximum amount and weight of baggage accepted by the Airline for transportation without payment is included in the rules for applying fares and is indicated in the rules of the Airline and the contract of carriage provided to the passenger.
11.1.5 Information on payment for air transportation of excess baggage is provided by the Airline, sales agent and/or service agent when booking air transportation or during passenger check-in and baggage claim.
11.1.6 Payment for the air transportation of excess baggage is made in accordance with the fare established by the rules of the Airline, which is valid on the day of issuing the miscellaneous charges order or receipt for payment of excess baggage and on the date of departure indicated in the ticket. Such payment may be made in advance with the consent of the Airline when issuing a ticket or at the airport during check-in.
In case of non-payment of the relevant fares and fees by the passenger, the Airline has the right to refuse to transport excess baggage by air.
11.1.7 If a passenger checks in baggage for air transportation in an amount actually less than the amount paid by the passenger in advance, the Airline is obliged to refund to the passenger the difference between the amount of money paid and the cost of air transportation of the actual amount of baggage.
If the passenger checks in baggage for air transportation in an amount actually exceeding the amount paid for in advance, the passenger must pay an additional fee for the transportation of the actual amount of baggage.
11.1.8 In case of overloading of the aircraft or in the absence of free tonnage, the Airline, having notified the passenger, has the right to transport their baggage on the next flight or on a flight of another Airline as soon as possible.
The Airline independently determines which baggage will be transported on the next flight or on the flight of another airline.
11.1.9 The maximum weight and quantity of baggage accepted for air transportation free of charge is determined by the rules of the applicable fare and is specified in the air transportation agreement.
11.1.10 The Airline is obliged to take measures to carry the passenger and their checked baggage on board the same aircraft, especially if the current legislation requires the presence of the passenger during customs procedures for baggage.
In case of transportation of checked baggage on board another aircraft, the Airline is obliged, at the passenger's option, to deliver the baggage as soon as possible to the address provided by the passenger in the PIR (Property Irregularity Report) or to reimburse the passenger for the transportation costs associated with the delivery of such baggage in accordance with the requirements of the Airline's rules.
11.1.11 At the option of the Airline, baggage may be checked in accordance with the baggage weight concept or the baggage piece concept, i.e. a combination of weight, size, number of pieces.
11.1.12 The Airline is responsible for the safety of baggage from the moment of its registration for air transportation and until the moment of its delivery to the passenger.
The acceptance of baggage for air transportation by the Airline is confirmed by a tear-off baggage identification tag issued to the passenger and a baggage receipt for the number and weight of items accepted for air transportation. From the moment the Airline accepts the baggage for carriage and until it is issued, the passenger's access to the checked baggage is prohibited, except in cases of its identification or additional care by the relevant authorized services.
11.2 Conditions of free baggage allowance
11.2.1 As hand luggage in excess of the allowance set by the Airline, regardless of the rules for applying the fare at which the ticket was purchased, the passenger has the right to transport the following items free of charge: food for the child required during the flight, a baby travel cradle (for children under one year of age), a stroller, a folding wheelchair and/or crutches, special equipment and devices used by persons with disabilities, if, in the opinion of the Airline, there is enough space for this and if it meets safety requirements.The total weight of unchecked baggage (cabin baggage), except for the items specified in the first paragraph of this item, is set by the rules of the Airline depending on the rules for applying the fare specified on the website of the Airline www.skyup.aero.
11.2.2 The Airline has the right to expand the list and total weight of items that are transported free of charge.
11.2.3 Regardless of the rules for applying the fare at which the ticket was purchased, the Airline may charge an additional fee for transportation of:
Passengers' belongings (regardless of their name), size, weight of which does not meet the requirements of the Airline's rules;
Passengers' belongings not packed in accordance with the requirements of chapter 5 of this section, regardless of their name and purpose;
Household and TV, video, audio, photo equipment, the weight of one item of which exceeds 10 kg;
Flowers, plant seedlings, edible greens, dried plants, trees and shrubs with a total weight of more than 5 kg;
Correspondence, accompanied by paramedics;
Animals (domestic or wild), birds, bees and other wildlife, except for a guide dog accompanying a passenger with a disability or reduced mobility.
11.2.4 The Airline has the right to expand the list of items for which an additional fee may be charged, regardless of the rules for applying the fare.
11.2.5 Checked baggage allowance is specified in the passenger's ticket in accordance with the established rules of application of the Airline's fares.
11.3 Declared value of baggage
11.3.1 The passenger has the right to declare the value of their checked baggage.
11.3.2 The value of checked baggage is declared for each piece of baggage separately. In case of declaring the value of baggage, the passenger must pay the fare set by the Airline in accordance with the Rules for applying the fares of the Airline.
11.3.3 To confirm payment for the carriage of baggage with declared value, the Airline or an authorized sales agent issues a miscellaneous charges order or a receipt for payment of excess baggage, which indicates the points between which the passenger has declared the carriage of baggage with declared value.
11.3.4 In case of loss or damage to such baggage, the liability of the Airline is limited to its declared value, unless the Airline proves that the amount claimed by the passenger exceeds the passenger's actual interest in the delivery of the baggage.
11.4 Group baggage transportation
11.4.1 At the request of passengers travelling in a group or members of the same family, the Airline is obliged to combine their baggage.
11.4.2 Combining baggage items applies only to the free baggage allowance. Baggage must be checked in for each passenger separately. Combining pieces of baggage of a group of passengers or members of the same family applies only to the combined free baggage allowance of each passenger.
Group baggage, with the passenger's consent, is issued for one person authorized by all passengers who is a member of the group of these passengers or family. In this case, the number of pieces and weight of each passenger's baggage must be indicated in the transportation documents.
11.5 Baggage package requirements
11.5.1 Each piece of baggage must be packed in a serviceable manner that ensures its safety during air transportation and handling and makes it impossible to cause damage to passengers, crew members, third parties, the aircraft, baggage of other passengers or other property, and also makes it impossible for unauthorized persons to freely/accidentally access the contents of the baggage. The Airline has the right not to accept baggage for carriage as checked if it does not meet the requirements of this paragraph and to require the passenger to pack it additionally.
The serviceability and proper packaging of baggage is determined by the Airline.
11.5.2 Baggage that has external damage that does not affect its integrity during air transportation and handling and cannot cause damage to passengers, crew members, third parties, the aircraft, baggage of other passengers or other property may be accepted for air transportation as checked baggage with the consent of the Airline. In this case, the presence and type of damage to the baggage must be indicated in the baggage receipt ("Limited Release" tag) of the Airline or its service agent, which must be confirmed by the passenger's signature.
11.6 Restrictions on acceptance of items for carriage as baggage
11.6.1 Items that are prohibited to be included in baggage:
Goods, objects, liquid and other substances that may pose a significant risk to the health of passengers, flight safety or property of the Airline or other passengers during transportation, in particular explosive, compressed gases, corrosive materials, oxidizing agents, radioactive materials, magnets, flammable materials, poisonous materials, harmful or irritating substances, as well as any other items and substances defined in The Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc 9284) and/or IATA Dangerous Goods Regulations.
Explosives and incendiary substances and devices – explosives and incendiary substances and devices capable of being used to cause serious injury or to pose a threat to the safety of aircraft, including: ammunition, blasting caps, detonators and fuses, mines, grenades and other explosive military stores, fireworks and other pyrotechnics, smoke-generating canisters and smoke-generating cartridges, dynamite, gunpowder and plastic explosives.
11.6.2 Items that should not be included in checked baggage:
Fragile, soft, and perishable items, money, keys, jewellery, electronic equipment, photo, and video equipment, products made of precious and semi-precious metals and stones, glasses, antiques, works of art, photographs, fur products, technical documentation, business documents, securities, valuables, medicines, medical documentation, identity documents;
Goods, items, medicines, the carriage of which is prohibited or restricted by the current laws of any country from, to or through the territory of which the flight will be carried out;
Goods that are not suitable for carriage by their nature, weight, size, shape or smell;
Live animals, except as provided for in paragraph 12.2.
In case of putting these items in checked baggage, the Airline is not responsible for their safety.
11.6.3 Items that are recommended to be carried in hand luggage: Fragile, soft and perishable items, electronic equipment (photo and video equipment, computer equipment, data storage media), software, money, keys, jewelry (precious and semi-precious metals and stones), glasses, antiques works of art, photographs, fur products, technical documentation, business documents, securities, medicines in the required quantity for the duration of the trip, medical documentation, passports and other identity documents, unique or irreplaceable items, other valuable items.
11.6.4 Items that may be accepted for carriage as checked baggage with the prior consent of the Airline: Firearms (including combat, hunting, sporting), pneumatic, gas weapons, pistols and revolvers designed to fire cartridges equipped with rubber or similar bullets, edged weapons of all kinds and structurally similar products, ammunition and spare parts for weapons, as well as training, training, museum, souvenir, collectible and prop weapons if a natural or legal person has the appropriate permit for their storage, carrying and transportation, shotguns and pistols for underwater hunting.
11.6.5 The passenger has the right to include in the checked baggage their household items, alcoholic beverages, non-radioactive medical supplies and toiletries, including containers with medical aerosols and other items and substances permitted for carriage in limited quantities in accordance with The Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc 9284) or with the IATA Dangerous Goods Regulations and in the amount permitted by the relevant regulatory authorities.
11.7 The right to refuse to accept baggage for carriage
11.7.1 Checked baggage of a passenger who does not show up for boarding the aircraft is subject to mandatory unloading from the aircraft.
11.7.2 The Airline has the right to refuse to accept baggage as checked in if it is not properly packed in suitcases with locks or other appropriate containers that ensure safe transportation of baggage and its handling using conventional means of cargo handling.
11.7.3 The Airline has the right to refuse to transport or further transport as baggage the items specified in Paragraphs 11.6.1.-11.6.3 if it finds out on the basis of relevant documents that such items contain any prohibited materials or items.
The Airline is not responsible for the items that the passenger refused to accept as baggage.
11.8 The right to search
11.8.1 In order to ensure flight safety and track the items specified in Paragraphs 11.6.1 and 11.6.2, the Airline has the right to require the passenger to undergo security control carried out by the aviation security services of the Airline, the airport and to provide baggage for inspection, and has the right to inspect or arrange for the inspection of baggage in the absence of the passenger. If the passenger is unwilling to fulfil such a requirement, the Airline may refuse to transport the passenger and/or baggage.
11.8.2 The Airline is not responsible for damage caused to the passenger or their baggage in case of detection during the inspection, for example: (X-ray or other method of screening) regarding the safety of items prohibited for carriage, except in cases of negligence of the Airline.
11.8.3 The Airline or the service agent ensures the implementation of the procedure for identifying checked baggage of passengers who did not board the aircraft or left it before departure.
11.9 Unaccompanied baggage
11.9.1 At the passenger's request and with the consent of the Airline, baggage may be issued as unaccompanied baggage.11.9.2 For the purpose of the transport of unaccompanied hold baggage, the following may be considered as factors beyond the passengers’ control:
a) the passenger was denied boarding and he did not volunteer to give up his seat;
b) the passenger and/or his/her baggage was re-routed onto another flight and it was not at his request;
c) the baggage failed to transfer between two flights due to unforeseen reasons, causing it to miss the departing flight;
d) there was a malfunction of the baggage system, causing the baggage to miss the departing flight;
e) the baggage was loaded onto an aircraft other than that for which it was checked in;
f) the airline decides not to load or unload a bag for operational reasons and the passenger has not influenced the decision by changing his travel itinerary.
In the case of points c) – f), the air carrier shall establish that the passenger did travel on the flight on which he was checked in. If the passenger did not travel on the flight on which he was checked in, then the baggage shall be subjected to the appropriate security controls for unaccompanied hold baggage.
11.9.3 Air transportation of unaccompanied baggage is documented by an air waybill, carried out in accordance with the rules of air transportation of goods approved by the Airline, and paid for in accordance with the fares for the transportation of goods established by the Airline.
11.10 Hand baggage
11.10.1 The following items are accepted as hand baggage: items that have the weight and dimensions established by the rules of the Airline and specified in the passenger's ticket in accordance with the applicable fare, which allows them to be safely placed in the cabin on the baggage racks or under the seat.
It is forbidden to place hand baggage and items permitted for carriage in the aisles of the aircraft cabin.
11.10.2 Items that do not meet the requirements for hand baggage established by the Airline or that are not allowed to be carried in the passenger cabin of the aircraft are subject to the rules for checked baggage.
11.10.3 Hand baggage must not contain:
1)Guns, firearms and other devices that discharge projectiles - devices capable, or appearing capable, of being used to cause serious injury by discharging a projectile, including:
firearms of all types, such as pistols, revolvers, rifles, shotguns, toy guns, replicas and imitation firearms capable of being mistaken for real weapons, component parts of firearms, excluding telescopic sights, compressed air and CO 2 guns, such as pistols, pellet guns, rifles and ball bearing guns, signal flare pistols and starter pistols, bows, cross bows and arrows, harpoon guns and spear guns, slingshots and catapults;
2) Stunning devices — devices designed specifically to stun or immobilize, including:
devices for shocking, such as stun guns, teasers and stun batons, animal stunners and animal killers, disabling and incapacitating chemicals, gases and sprays, such as mace, pepper sprays, capsicum sprays, tear gas, acid sprays and animal repellent sprays;
3) Objects with a sharp point or sharp edge — objects with a sharp point or sharp edge capable of being used to cause serious injury, including:
items designed for chopping, such as axes, hatchets and cleavers, ice axes and ice picks, razor blades, box cutters, knives with blades of more than 6 cm, scissors with blades of more than 6 cm as measured from the fulcrum, martial arts equipment with a sharp point or sharp edge, swords and sabres;
4) Workmen’s tools — tools capable of being used either to cause serious injury or to threaten the safety of aircraft, including:
crowbars, drills and drill bits, including cordless portable power drills, tools with a blade or a shaft of more than 6 cm capable of use as a weapon, such as screwdrivers and chisels, saws, including cordless portable power saws, blowtorches, bolt guns and nail guns;
5) Blunt instruments — objects capable of being used to cause serious injury when used to hit, including:
baseball and softball bats, clubs and batons, such as clubs, blackjacks and night sticks, martial arts equipment;
6) Explosives and incendiary substances and devices — explosives and incendiary substances and devices capable, or appearing capable, of being used to cause serious injury or to pose a threat to the safety of aircraft, including:
ammunition, blasting caps, detonators and fuses, replica or imitation explosive devices, mines, grenades and other explosive military stores, fireworks and other pyrotechnics, smoke-generating canisters and smoke-generating cartridges, dynamite, gunpowder and plastic explosives.
11.10.4 It is also prohibited to bring on board the aircraft in hand baggage any liquids, aerosols and gels (pastes, lotions, liquid/solid mixtures and the contents of pressurized containers, such as toothpaste, hair gel, drinks, soups, syrups, perfume, shaving foam and other items with similar consistencies) with a capacity of more than 100 ml (grams) in one bottle (tube). The total volume of these substances in carry-on 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 screening liquids, aerosols and gels, their volume for air transportation is not limited.
11.10.5 The passenger is responsible for hand baggage during the entire carriage.
12.1. Carriage of baggage in the passenger cabin
12.1.1. The Airline has the right to accept for carriage in the cabin of the aircraft the items specified in Paragraph 11.6.2 hereof and requiring special precautions during air transportation or special handling conditions.
12.1.2. Items that the passenger considers unsuitable for carriage in the cargo compartment of the aircraft are accepted for carriage in the passenger cabin only upon prior agreement with the Airline. The passenger pays for the carriage of such items according to the Airline's fares and depending on the number of passenger seats required for its carriage.
12.1.3. The weight of one non-standard piece of baggage transported in the cabin of the aircraft should not exceed 80 kg, and its dimensions should allow placing the baggage on a separate passenger seat(s). The packaging of baggage carried in the cabin of the aircraft must ensure its proper fastening on the passenger seat(s) and meet sanitary standards.
12.1.4. Delivery to the aircraft of baggage to be transported in the cabin, its loading, placement in the cabin, unloading and transportation within the airport terminals shall be carried out by the passenger or upon their prior order and payment for these services to the relevant airport services.
12.2. Carriage of animals
12.2.1. Transportation of dogs, cats by air is subject to permission from the Airline during the booking before the start of transportation. Animals must be properly placed in containers/cages and have valid vaccination certificates and health certificates, permits for importation into the country of destination or transit. Animals must be clean, tidy and free from unpleasant odours. The Airline has the right to determine the method of transportation and limit the number of animals allowed to be transported on one flight.
12.2.2. Transportation of animals accepted as checked baggage together with a container and food must be paid for as an additional service for which the passenger must pay the appropriate fare in accordance with the Rules for applying the Airline's fares established by the Airline.
12.2.3. Service dogs that assist employees of state authorities, rescue teams are transported free of charge together with containers and food for their nutrition. Such transportation must be agreed with the Airline in advance.
12.2.4. It is allowed to carry in the passenger cabin of the aircraft:
- service dogs accompanied by a dog handler;
- service animals, including guide dogs for blind and deaf passengers, provided that the animals are wearing a collar and muzzle; and
- small animals (cats and dogs) for emotional support (maximum weight of animal 10 kg).
- small animals, the weight of which together with its means of transportation (cage) does not exceed 10 kg.
A service dog or guide dog must be at the feet of the dog handler/passenger.
The passenger is responsible for the animal that is transported in the passenger cabin.
12.2.5. No more than 4 containers with live animals are allowed to be transported on the flights of the Airline.
The size of the container for the carriage of live pets in the passenger cabin of the aircraft should not exceed 115 cm in the sum of three dimensions.
The container with live animals during air transportation must be placed under the seat. The container with a live animal must not be placed on the baggage racks or on a separate passenger seat.
12.2.6. Animals weighing more than 10 kg with the means of transportation (cage) are transported in the baggage and cargo compartments of the aircraft (except for guide dogs and service dogs).
12.2.7. The passenger is responsible for providing all documents required for the carriage of animals under the current legislation of the country of departure, destination or transit. In the case of transportation of animals, the passenger is responsible for such an animal and ensures the provision of the necessary documents required by the current legislation. The Airline is not responsible for the injury, loss, illness or death of such animals in case of refusal to import them into the country of destination or transit, unless such damage was caused by the negligence of the Airline.
12.2.8. If the passenger fails to comply with the conditions of Paragraphs 12.2.1-12.2.7, the Airline has the right to make the final decision on air transportation or refusal to transport animals (birds) at its own discretion during the check-in process.
13.1. Scheduled flights are operated in accordance with the aircraft schedule drawn up by the Airline, published in the ABS/GDS and posted on the Airline's website www.skyup.aero. Upon request, the Airline may issue an advertising schedule to inform the public.
The Airline, by placing data in the ABS/GDS, guarantees that the information placed by it or provided for placement in other automated systems is accurate, reliable and comprehensive.
13.2. The Airline is not responsible for errors and omissions in the schedule or other published flight schedule of other airlines.
13.3. The ground handling agent and/or airport operators have the right to issue a combined schedule of all air carriers operating flights to/from the airport.
13.4. The flight departure time and type of aircraft specified in the flight schedule or other published flight schedules of the Airline, except for the departure time specified in the ticket, are not guaranteed and are not a mandatory condition of the air transportation agreement.
The Airline has the right to change the time of departure of the flight, and must inform the passenger in a timely manner.
13.5. The Airline has the right to change the type of aircraft without notifying the passenger.
13.6. The Airline or the service agent (airport operators) shall provide passengers at the airport with visual and/or acoustic information (if technically possible) regarding
- time of departure and arrival of the aircraft;
- place, time of the beginning and end of check-in;
- place, time of beginning and end of boarding the aircraft;
- flight delays or cancellations and the reasons for the flight delay (cancellation).14.1 The Airline may delay or cancel a flight both for commercial reasons and for reasons beyond its control.
14.2 The Airline takes all necessary measures to avoid delays in the transportation of passengers and baggage.
14.3 In case of emergency circumstances, the Airline has the right to cancel or delay the flight or cancel a previously confirmed reservation without notifying the passenger. In other cases, the Airline or its sales agent is obliged to notify the passenger of the flight delay or cancellation no later than three hours before the start of check-in.
The Airline must enter information about the delay or cancellation of the flight into the ABS/GDS no later than 8 hours before the departure. Otherwise, the Airline shall independently inform the passenger about the delay, cancellation of the flight or cancellation of the reservation and is responsible for the timeliness of informing the passenger.
In case of emergency circumstances, the Airline may make landing 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 specified in the ticket is carried out at the expense of the Airline.
14.4 In the event of a flight delay, the Airline independently or through a handling agent (airport operator) informs passengers by available means at the airport of departure every 30 minutes about the estimated time of the flight delay and the expected time of its departure.
14.5 In case of delay beyond reasonable time or cancellation of the flight, the Airline shall notify the authorized civil aviation authority of the reasons for the delay (cancellation) of the flight and the services provided to passengers during such delay or cancellation no later than 12 hours after the departure of the delayed flight or the decision to cancel the flight.
14.6 In case of registration of transportation with different tickets and the passenger incurs losses related to being late to the transfer point to continue the journey, the issue of compensation for losses by the Airline that delayed the flight is considered in the claim procedure.
15.1 The procedure for applying compensation
15.1.1 The provisions of this section apply to passengers (scheduled and charter flights) who are denied transportation against their will or whose flight is cancelled or delayed, provided that the passenger has a confirmed reservation for the relevant flight, except in the case of cancellation specified in Section 14 of the Airline's Regulations, and is present for check-in at the time stipulated by these Regulations and specified in writing (including electronic means), or, if the check-in time is not specified, no later than 45 minutes before the specified departure time, or booked a flight that was delayed/postponed by the Airline or the aircraft charterer (tour operator) to another flight, regardless of the reasons.
In the event of denial of transportation, cancellation or delay of a flight, regardless of the duration, passengers with disabilities or reduced mobility and persons accompanying them, as well as unaccompanied children, in accordance with this section, are entitled to assistance in the first place.
15.1.2 The provisions of this section do not apply to passengers travelling free of charge or at a reduced cost, which is directly or indirectly unavailable to other passengers, but these provisions shall apply to passengers who are issued tickets in accordance with the Airline's frequent flyer program (loyalty program), if any.
15.1.3 If the Airline pays compensation or provides services provided for in this section, no provision of these Regulations may be interpreted as limiting its right to claim compensation by way of recourse from any person, including third parties, in particular, for claims for compensation by a tour operator or other person with whom the Airline has entered into an agreement. Accordingly, no provision of these Regulations may be interpreted as restricting the rights of the tour operator or third parties other than the passenger with whom the Airline has entered into an agreement to claim reimbursement or compensation from the Airline in accordance with the law.
15.1.4 The distances specified in this section are measured using the orthodromic route distance method.
15.1.5 In the event of obligations to passengers on a flight operated on the basis of a codesharing agreement, the actual carrier is responsible for providing services and paying compensation. If the number of passengers with a confirmed booking exceeds the number of available seats in the block, the Airline that made the resale shall provide the service and pay compensation.
15.1.6 In case of failure to pay the compensation provided for in this section at the airport where the denial of air transportation or cancellation of the flight occurred, the payment of compensation provided for in this section shall be made upon a written request of the passenger.
15.1.7 A flight is considered to be completed if it is transferred to another air carrier that ensures the transportation of all passengers of the transferred flight on a specially organized flight.
A change of departure or arrival airfield within the same administrative-territorial unit cannot be considered a flight cancellation.
Unless the flight is cancelled by the Airline, the flight is considered cancelled if the departure is delayed for more than 48 hours.
15.2 Compensation to passengers in case of denial of air transportation
15.2.1 If the Airline reasonably expects that passengers will be denied boarding, it first seeks volunteers who are willing to cancel their confirmed reservation in exchange for the remuneration agreed between the passenger who voluntarily refuses to board the flight and the Airline.
15.2.2 In addition to the remuneration, the Airline offers the passenger a choice:
reimbursement of the cost of transportation within seven days, which must be paid in cash, electronic bank transfer, bank orders or bank cheques or (with the passenger's consent in writing) in the form of traveller's cheques and/or other services, the full cost of the ticket at the price at 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 needs of the passenger, and to provide (if necessary) a return flight to the original point of departure at the first opportunity;
or a change of route, which should be carried out under appropriate transport conditions: to the final destination at the earliest possible time or to the final destination at a later time at the request of the passenger and subject to availability of seats.
15.2.3 The passenger's transportation from the airport where the denied transportation occurred to the airport from which the alternative route offered by the Airline begins, and from the airport of alternative landing to the airport where the passenger was supposed to arrive on the flight for which he/she was denied transportation, is carried out at the expense of the Airline.
15.2.4 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 refuse to transport the passenger against their will.
15.2.5 If passengers are denied transportation against their will, the Airline shall pay them compensation in the following amounts:
EUR 250 - for flights up to 1500 kilometres;
EUR 400 - for flights over 1500 to 3500 kilometres;
EUR 600 - for flights over 3500 kilometres.
When determining the distance, the last point is taken as the basis, where the refusal to transport or non-performance of a previously scheduled flight for which at least one seat is booked will delay the arrival of passengers at the scheduled time.
15.2.6 The Airline has the right to reduce the amount of compensation specified in Paragraph 15.2.5 of this Chapter by 50% if the passenger is offered a replacement of the route of transportation to their destination by alternative flights, the arrival time of which does not exceed the scheduled time:
two hours - for flights up to 1500 kilometres; or
three hours - for flights with a distance of more than 1500 to 3500 kilometres; or
four hours - for flights not specified in the second and third subparagraphs of this paragraph.
The distance specified in this subparagraph shall be measured using the orthodromic route distance method.
15.2.7 Payment of compensation does not release the Airline from the obligation to offer the passenger a choice of services and reimbursement of expenses specified in Paragraph 15.2.2 and Paragraph 15.3.5.
15.3 Compensation to passengers in case of flight cancellation
15.3.1 In case of flight cancellation, passengers are offered services in accordance with Paragraph 15.2.2 and compensation in accordance with Paragraphs 15.2.5 and 15.2.6. The passenger is entitled to compensation if he/she was not informed about the flight cancellation:
two weeks before the scheduled departure time;
or in the period not more than two weeks and not less than seven days before the scheduled departure time and a change of route is proposed that will allow departure from the point of departure not later than two hours before the scheduled departure time and arrival at the final destination not later than four hours after the scheduled arrival time;
or less than seven days before the scheduled time of departure and a route change is proposed that will allow departure from the point of departure no later than one hour before the scheduled time of departure and arrival at the final destination no later than two hours after the scheduled time of arrival.
15.3.2 When cancelling or delaying a flight, the Airline shall provide passengers with an explanation of the reasons for the cancellation or delay upon request. If it is necessary to ensure timely transfer of transfer passengers to connecting flights, the Airline shall offer them alternative routes of transportation as soon as possible.
15.3.3 The Airline is not obliged to pay compensation in accordance with Paragraphs 15.2.5 and 15.2.6 if it can provide evidence that the reason for the cancellation of the flight was due to extraordinary circumstances or force majeure that could not have been prevented even if all measures had been taken.
15.3.4 Proof of the facts of informing the passenger about the rules and conditions of transportation, the procedure for booking seats on flights, fares, taxes (fees), the schedule and time of the flight is assigned to the Airline, its sales agent, travel operator and other authorized organizations, etc. at the place of conclusion of the air transportation agreement.
15.3.5 If the flight is cancelled by the Airline and the passenger continues the journey on another flight(s) or on another route, passengers are offered and provided free of charge:
meals and refreshments according to the waiting time for the new flight;
hotel accommodation in cases where passengers are forced to wait for departure for one or more nights or if the additional waiting time for departure is longer than expected;
ground transfer on the route airport - hotel - airport;
two telephone calls, or telex, fax or e-mail messages, if the airport technical conditions allow for this.
15.3.6 The Airline pays special attention to the needs of passengers with disabilities or reduced physical capabilities and persons accompanying them, as well as the needs of children, including those travelling unaccompanied.
15.4 Provision of services to passengers in case of flight delay
15.4.1 The Airline provides passengers with food and refreshments according to the standards established by it and the opportunity to make two free calls or send a telex, fax or e-mail message, if there are technical conditions for this, in case of a flight delay of:
a) two hours or more from the scheduled departure time of a flight with a distance of 1500 kilometres or less;
b) three hours or more from the scheduled departure time of a flight with a range of more than 1500 to 3500 kilometres;
c) four hours or more from the scheduled departure time for all flights not specified in subparagraphs a), b) of this paragraph.
If the delayed flight is postponed to the next day after the day of its operation, provided for in the schedule and indicated in the ticket, the Airline provides passengers with hotel rooms, meals and provides a transfer on the route airport - hotel - airport.
15.4.2 If the flight delay exceeds five hours, passengers are offered services in accordance with Paragraph 15.2.2.
15.5 Compensation to passengers for changing the class of service
15.5.1 The Airline does not require any additional payment if it places a passenger in a class of service higher than the one specified in their ticket.
15.5.2 If the Airline places a passenger in a class of service lower than the one indicated in their ticket, the Airline shall reimburse the passenger within seven days:
30% of the applicable fare for all flights with a distance of 1500 kilometers or less
50% of the applicable fare for all flights with a distance of more than 1500 to 3500 kilometers; or
75% of the applicable fare for all other flights not specified in the second and third subparagraphs of this paragraph.
15.5.3 Compensation for placing a passenger in a class of service lower than the one indicated in their ticket is calculated for the segment in which the downgrade was made by the method of pro-rata distribution.
16.1 If Baggage is delayed for more than 24 hours on an outbound flight, a reasonable amount on essential items may be spent for a maximum of three days. To claim this allowance, passengers must submit a claim in writing within 21 days of the relevant flight. All claims must be supported by documentary evidence (e.g. receipts) of the necessary purchases made. In any case, such compensation is limited to the amount of EUR 50 (or the equivalent in another currency).
16.2 Reimbursement is offered to the passenger if the baggage does not arrive at the destination together with the passenger, if the destination is not the passenger's place of permanent residence.
17.1 During check-in, the Airline shall provide passengers with legible and clearly visible information of the following content: "If you are denied transportation or your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for a written notice stating your rights, in particular, with regard to receiving compensation and assistance."
17.2 The Airline, if it refuses to carry or cancels a flight, shall provide each affected passenger with a written notice setting out the rules for providing passengers with compensation and assistance. The Airline provides the same notice to a passenger whose flight is delayed for at least two hours. The contact information for sending inquiries regarding violations of the passenger's rights to compensation or assistance is indicated in the notice.
17.3 Appropriate alternative means of information should be used at the airport of departure/arrival to inform deaf people and people with impaired vision and other significant health problems that make it difficult or impossible for them to independently read visual or acoustic information.
18.1 General refund procedure
18.1.1 Refunds for an unused ticket (part of it) are made at the place of purchase of the ticket or at the head office of the Airline (the Airline's sales office) and in the currency in which the ticket was paid for.
Refunds in the representative offices of the Airline in other countries are made in accordance with the legislation of the country of location of the representative office.
If the payment was made by electronic means of transferring funds (by bank card), the funds are refunded to the payment card from which the payment for the ticket was made.
18.1.2 The amount of funds refunded for an unused ticket (part of it) depends on the used fare and tariff standards of the Airline and the type of refusal from transportation (voluntary or forced).
18.1.3 Refunds are made on the basis of an unused (fully or partially) transportation document, an order for various charges, a receipt for excess baggage.
18.1.4 Refunds are made:
to the person indicated on the ticket - in case of payment for transportation in cash or by bank transfer;
to the account of an enterprise, institution, etc. - in case of payment by bank transfer;
to the account of the holder of the bank card used to pay for the transportation (in case of termination of the bank's activity, the funds may be transferred to an account in another bank);
to the sponsor who paid for the transportation, in case of issuing a ticket on the basis of a prepaid ticket advice (PTA).
Refunds are made upon presentation of identity documents and documents confirming the right to receive the amounts of money specified in Paragraph 18.1.3.
18.1.5 A written request for a refund must be submitted by the passenger. It is available to submit such a request online via Airlines website following the step-by-step instructions.
18.2 Refunds
18.2.1 A forced refund or rebooking without penalties is made in the following cases:
cancellation, postponement, delay of the flight for which the passenger had a seat booked and a ticket issued;
incorrect execution of transportation documents due to the fault of the Airline or agent;
change of class of service or type of aircraft;
inability to provide the passenger with a seat in accordance with the booking;
failure of the Airline to provide connection with a flight for which the passenger has a confirmed booking and which is indicated on the same ticket as the previous one;
denial of transportation due to non-payment by the passenger of the fare, state fees, taxes or charges (tariffs) in case of changes in fares or rules of their application compared to those in force on the day of departure of the passenger from the initial airport indicated in the ticket;
use by the Airline of its right to refuse transportation for the reasons set forth in Sections 10.1, 10.7 hereof;
death of the passenger or members of their family or illness of the passenger or members of their family travelling with him/her, in case of availability of duly executed supporting documents;
in other cases of refusal of the passenger from air transportation or refusal of the Airline to transport the passenger, which occurred due to the fault of the Airline.
18.2.2 In the case of a forced refund, the amount of money returned to the passenger shall be equal to:
if no part of the ticket was used - an amount equal to the full cost of the ticket at the price at which it was purchased;
if any part of the ticket was used - an amount equal to the fare for the unused part of the one-way transportation and unused state fees, taxes, airport charges (fees) and unused charges (fees) of the Airline from the place where the refusal of transportation occurred to the place of destination. The amounts provided for herein shall not include the amounts of compensation provided for in Section 15 of the Regulations.
18.2.3 In case of a voluntary refund, i.e. if the passenger wishes to refund the amount paid for the ticket and such refund is allowed by the rules for applying tariffs, such amount is calculated in accordance with the fare standards of the Airline. In addition, the passenger is refunded the amount of all unused state fees, taxes, airport charges (fees) and charges (fees) of the Airline.
18.2.4 In case of a refund for an unused ticket or a part of it, including a forced one, the fee for air transportation is not refunded, except in the case of a refund due to the fault of the Airline. The fee for the refund operation in case of forced refund is not charged.
18.3 The right to refuse a refund
18.3.1 The Airline has the right to refuse a refund, except for all unused state fees, taxes, airport charges (fees) and charges (fees) of the Airline if:
the application was submitted by the passenger after the expiration of the validity period of the ticket specified in Section 3.4, as well as in other cases provided for by these Regulations;
the ticket is purchased at a special fare and the rules for its use do not provide for a refund (in case of purchasing a ticket at such a special fare, the passenger must be informed by the Airline (its sales agent) about this at the time of booking and a corresponding note must be made in the ticket).
18.3.2 In case of loss of the ticket, the refund is made by:
the airline - the owner of the ticket form ("contract carrier") - if the ticket was issued under an interline agreement;
the Airline - the actual carrier - if the ticket was issued on the letterhead of the airline operating the flight.
A refund can be made if the lost ticket (or part of it) was not used or changed and no refund was made for it.
18.3.3 The Airline has the right to charge a penalty (fee) from the amount of refunded funds, which is established by the Airline for such cases.
18.3.4 Funds for a duplicate ticket and for a lost ticket are refunded in a claim and/or court procedure.
Similar rules are established for refunds in connection with the loss of a miscellaneous charges order, receipt for excess baggage.
18.3.5 Refusal to refund the passenger does not deprive the passenger of the right to file a claim with the Airline or a lawsuit in court.
19.1 The passenger's behaviour on board the aircraft must comply with the Airline's Regulations and not pose any danger or threat to other passengers, property, aircraft or the crew of the Airline.
The passenger has no right to interfere with the crew during the performance of their official duties and must follow the instructions of the aircraft commander and the crew to ensure the safety of the flight, the aircraft and the safe, efficient and comfortable flight of passengers. The passenger must refrain from behavior that may cause or causes dissatisfaction of other passengers.
19.2 In order to ensure flight safety, the Airline has the right to prohibit or restrict the use of electronic equipment, mobile phones, laptop computers, portable recorders, portable radios, CD players, transmitting devices, including radio-controlled toys, portable radios, etc. on board the aircraft (except for artificial hearing devices and cardiac pacemakers).
19.3 On board the aircraft, the passenger may not be in a state of alcohol or drug intoxication or under the influence of any other substance that may cause danger or pose a danger to other passengers, belongings, the aircraft, or its crew. Consumption of any alcoholic beverages on board the aircraft is allowed only in the amount offered by the Airline.
19.4Regardless of the flight distance, smoking on board the aircraft is prohibited.
19.5 If the passenger does not comply with the provisions of Paragraphs 19.2 - 19.4 of this Section, the Airline has the right to take such measures as required by the situation according to Airline Security Program and which the Airline considers necessary to prevent such behavior. Such measures may include restriction of the passenger's movement on the aircraft, disembarkation of the passenger, refusal to board the aircraft at any point along the route of transportation and transfer of the passenger to local state authorities for appropriate measures of influence.
19.6 If the passenger does not comply with the provisions of this Section or acts in any other way without complying with the Rules, the Airline has the right to refuse to provide further transportation to the passenger.
19.7 If due to the prohibited behaviour of the passenger the Airline was forced to take certain actions that entailed additional expenses, the passenger is obliged to reimburse the Airline for such expenses in accordance with the current legislation.
20.1. These Regulations apply to air transportation carried out in accordance with commercial agreements between air carriers (known as codesharing agreements, agreements on the mutual use of interline transportation documentation), even if the ticket specifies an air carrier other than the one that actually carries out the transportation. If any such commercial agreement exists, the Airline (its sales agent) must provide the passenger with information when booking the transportation regarding which air carrier is the contractual carrier and which actually provides the transportation. When the passenger checks in for the flight, this information is provided by the actual carrier or its authorized handling agent at the airport of departure.
20.2. If the passenger has entered into an air transportation agreement with the provision of additional paid services, the Airline shall be liable to the passenger for failure to provide such services, which is limited to the amount paid for the services not provided.21.1. Air transportation carried out by several successive air carriers shall be considered a single transportation if, from the beginning of transportation, these air carriers considered such an operation as a single transportation and such transportation was issued with a single ticket.
21.2. The air carrier that issued the ticket or the first air carrier indicated in the ticket or in the composite ticket is not responsible for the transportation that occurred on the section(s) of transportation of another air carrier(s), including in terms of delays in the transportation of passengers or baggage.
21.3. In the event of destruction, loss, damage, or delay in the carriage of baggage, the passenger has the right to file a claim or file a lawsuit against the first or last air carrier, as well as against the air carrier that performed the carriage during which the destruction, loss, damage, or delay in the carriage of baggage occurred.
21.4. If it is impossible to determine the air carrier that carried out the transportation during which the destruction, loss, damage, or delay in the transportation of baggage occurred, the air carriers involved in the transportation will be jointly and severally liable to the passenger.
22.1. The period of time of air transportation does not include any transportation by ground, sea (river) transport carried out outside the airport area. However, if such transportation is carried out pursuant to the contract of carriage for the purpose of boarding, disembarking, loading, delivery, reloading, any damage, until the contrary is proved, is considered to be the result of an event that occurred during the period of air transportation. If, without the passenger's consent, the carrier fully or partially replaces the carriage, which, according to the agreement of the parties, must be carried out by air, with carriage by any other means of transport, such carriage by another means of transport shall be deemed to be carried out during the period of air transportation.
22.2. In the case of mixed transportation carried out partly by air and partly by any other means of transport, the provisions of these Regulations, taking into account Paragraph 22.1 of this Section, shall apply only to transportation by air.
22.3. Any provision of these Regulations does not prohibit the parties in the case of mixed transportation to include in the ticket provisions relating to transportation by other means of transport, provided that the provisions of these Regulations will apply only to transportation by air.
22.4. Subject to the provisions of Paragraph 22.1 of this Section, the Airline may offer transportation by other means of transport only as an agent of the carrier by other means of transport, including if such transportation is indicated in the ticket under the code of the airline.
The liability of the Airline for any improper transportation of the passenger, destruction, loss, damage, delay in baggage transportation that occurred during the period of transportation by such other means of transport shall be reimbursed in the amount limited to the amount paid by the passenger for such transportation.
23.1. The provisions of this Section shall apply when the air carrier (hereinafter referred to as the Contract Carrier) as the main party enters into a contract of carriage with the passenger or with a person acting on behalf of the passenger, and the actual carrier (hereinafter referred to as the Actual Carrier) as the authorized contract carrier carries out all or part of the carriage, but is not a successive carrier in respect of such part within the meaning of Section 21 hereof.
23.2. In the case of transportation provided for in Paragraph 23.1 of this Section, the contract carrier shall be subject to these Regulations, and the actual carrier shall be subject to these Regulations only in respect of the air transportation that it performs.
23.3. The amount of liability of the actual carrier and the contract carrier is limited by the rules established by these Regulations.24.1 When concluding an agreement with a customer, the Airline operating charter flights shall ensure the provision of services and reimbursement provided for by these Rules.
The Airline shall conclude an agreement for air transportation separately with each passenger. The issues of reimbursement to the Airline of expenses related to the delay or denial of transportation shall be reflected in the agreement between the Airline and the customer of the charter flight (block seats).
Tickets for charter flights are considered invalid until the date of payment of the charter flight cost to the Airline that actually performs the flight.
Refunds and confirmation of the booking are made in accordance with the terms of the agreement concluded between the Airline and the customer of the charter flight.
24.2 Tickets for charter flights are valid only for air transportation on the dates and for the flights specified in the tickets. Depending on the availability of seats, the charter flight customer may change the departure and return dates of the flight, provided that such changes are agreed by the flight customer (tour operator - the contracted carrier) with the passengers and the actual carrier (flight operator - the Airline).
24.3 The provisions specified in Subparagraphs 3.4, 3.5 of Section 3; Sections 4, 5; Subparagraphs 6.1, 6.4 of Section 6; Section 18 hereof do not apply to charter transportation.
25.1 Travel Documents
25.1.1 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.
25.1.2 At the request of the Airline, the passenger is obliged to present to the authorized persons of the Airline, representatives of the relevant state authorities 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.
25.2 Denial of entrance to a country
25.2.1 The Airline is not responsible for the refusal to the passenger to enter the country.
25.2.2 The passenger is obliged at the request of the Airline or state authorities to pay the corresponding fare 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.
25.2.3 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.
25.3 Responsibility of the passenger
25.3.1 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.
25.3.2 The Airline has the right to use to cover such expenses any funds previously paid by the passenger to the Airline, which remained at the disposal of the Airline for unused transportation, or any funds of the passenger at the disposal of the Airline or may refuse to carry out transportation if the passenger has not reimbursed the Airline for such expenses.
25.4 Customs clearance, security controls, border control and other types of control
25.4.1 When performing international air transportation, passengers, their checked baggage, and cabin baggage must be subjected to security controls and border control, as well as other types of control at the request of customs and other authorities.
25.4.2 When performing domestic air transportation, the passengers, their checked baggage, and cabin baggage must be subjected to security controls and other types of control at the request of other authorized bodies.
25.4.3 Personnel of the Airline, airport operators and handling agents who have direct contact with passengers should be trained in the prevention of human trafficking. Cabin crew should be trained in the prevention of human trafficking, taking into account the guidance provided in the Guidelines for Training Cabin Crew on Identifying and Responding to Trafficking in Persons.
26.1 Death and bodily injury to passengers. Damage to baggage
26.1.1 The Airline is liable for damage that caused the death or bodily injury to a passenger only if the event that caused the death or bodily injury occurred on board the aircraft or during boarding or disembarking of the passenger on/from the aircraft.
26.1.2 The Airline shall be liable for damage caused in case of destruction, loss or damage to checked baggage only if the event that caused the destruction, loss or damage to the baggage occurred on board the aircraft or when the Airline was responsible for the safety of checked baggage (however, the Airline is not liable for damage to the baggage due to its defects, qualities or flaws). The Airline is responsible for damage caused by its fault or the fault of its employees or service agents to unchecked baggage, including personal belongings of the passenger.
26.1.3 If the Airline acknowledges the loss of checked baggage or if checked baggage has not arrived within 21 days from the date when it was supposed to arrive, the passenger may file claims against the Airline arising from the terms of the carriage agreement and the provisions hereof.
26.2 Reimbursement by the Airline for damage caused as a result of a delay in transportation
26.2.1 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 sales and/or handling agents have taken all possible measures to avoid damage, or that it (they) did not have the opportunity to take such measures.
26.2.2 For improper transportation of passengers and baggage, the Airline shall reimburse only the actual damages proved by the passenger, but within the limits of liability for damage established hereby.
26.3 Exemption from reimbursement for damage
26.3.1 If the Airline proves that the negligence, wrongful act or omission of the person claiming compensation or the person from whom its rights originated caused or caused the damage, the Airline shall be fully or partially released from liability to the person claiming compensation, in the amount of to whom such negligence, wrongful act or omission has caused harm or its occurrence.
26.3.2 If a claim for damages caused by the death or personal injury of a passenger is made by a person other than the passenger, the Airline shall be released in whole or in part from liability insofar as it proves that the negligence, other wrongful act or omission of that passenger caused or caused damage.
26.4 Compensation in case of death or injury to passengers
26.4.1 The Airline may not exclude or limit its liability for damage that caused the death or bodily injury of a passenger, under the conditions specified in Paragraph 26.1 of this Section, to the amount of 151880 SDR for each passenger.26.4.2 The Airline is not responsible for damage that caused the death or bodily injury to the passenger and the amount of which exceeds the amounts specified in Paragraph 26.4.1 of this Section, under the conditions specified in Section 26.1, if the Airline proves that:
such damage was not caused due to negligence or other unlawful act or
omission of the Airline or its employees or handling agents; or
such damage was caused solely due to the negligence or other wrongful act or omission of a third party.
26.4.3 The Airline must immediately, but not later than within 15 days after the identification of the individual entitled to compensation, make an advance payment that may be necessary to meet urgent financial needs. In the event of the passenger's death, the advance payment shall not be less than 16,000 SDR.
26.4.4 When issuing a ticket, the Airline shall ensure that the passenger is provided with the main provisions governing the liability of the Airline to the passenger and for their baggage in writing. In addition, the Airline shall provide the passenger with a written notice of the applicable limits of the Airline's liability for the passenger and baggage.
26.5 Limits of liability for damage caused by delay
26.5.1 The liability of the Airline for damage caused as a result of a delay in the air transportation of passengers on any flights is limited to the amount of 6303 SDRs for each passenger.
26.5.2 The liability of the Airline in case of destruction, loss, damage or delay in the transportation of checked baggage is limited to the amount of 1519 SDR (for the minimum free baggage allowance established by the authorized civil aviation authority) for each passenger. The Airline shall not be liable for damage caused by the delay if it proves that it, its employees and service agents have taken all measures that could be necessary to avoid damage, or that it was impossible for it (them) to take such measures.
26.5.3 The provisions referred to in Paragraphs 26.5.1, 26.5. 2 shall not be applied if it is proved that the damage is the result of an action or inaction of the Airline, its employees or service agents committed with the intention to cause damage or due to 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 an employee or service agent it is also proved that this employee or agent acted within the scope of their duties.
27.1 General provisions on the procedure for making claims and filing complaints
27.1.1 Any claim for improper transportation of the passenger or baggage shall be submitted in writing directly to the Airline and delivered or sent within the time period stipulated by the Montreal Convention before engaging third parties to file a claim on referring the same case.
For the purpose of admissibility, the claims must be addressed to the Airline in writing, and accompanied by all necessary documents confirming the passenger's rights to claim reimbursement depending on what the claim is for, including ID documents, ticket (itinerary receipt), boarding pass, fiscal receipts for services (except for taxi services), excess baggage payment receipt, baggage identification tag tear-off coupon, PIR (Property Irregularity Report), DBR (Damage Baggage Report), certificates of delays and other documents that may speed up the processing of claims. The amount of the claim must be proved by the person concerned. For avoidance of disputes any payments shall be made to the bank account of a passenger.
If the claim (request or other type of official document) is submitted via electronic means the documents must be signed by qualified electronic signature with the equivalent legal effect of a handwritten signature which provides the highest degree of confidence in the claimed or asserted identity of a person aligned with Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC. The Airline assists in filing the claim with the online complaint form on its official website.
Inadmissibility of the claim must be communicated to the claimant within six weeks from receipt of claim, supported by the appropriate clarifications. If a claim is sent without a signature, the requested and/or necessary documents and/or information specified herein, the Airline shall send the passenger notification of proper information and/or document request within six weeks from receipt and registration of the claim. The Airline shall inform the passenger of the terms for consideration of the claim after receiving the missing documents and information.
The standard terms for consideration of the claim are two months
27.1.1.1 At the request of the Airline, an entity that provides paid services to the public as an intermediary for receiving reimbursement from the Airline provided for by these Regulations shall provide the original document(s) confirming the authority, including a copy of the passenger's identity document, attested by the qualified electronic signature of the passenger (QES), and passengers` payment details.The Airline has the right to not consider claims submitted by a third party if the claim is not accompanied by the appropriate documentation, duly signed with QES, and properly confirming the authority of the third party to receive payments and/or act on behalf of the passenger.
27.1.1.2 Clause 27.1.1. above will not apply to passengers who do not have the capacity to submit claims themselves. The legal guardian of a passenger who lacks capacity may submit a claim to the Airline and receive the payment on the passenger’s behalf. The Airline may request evidence that the legal guardian has authority to submit a claim and receive the payment on the passenger’s behalf.
27.1.1.3 A passenger may submit a claim to the Airline and receive the payment on behalf of other passengers on the same booking. The Airline may request evidence that the passenger has the consent of other passengers on the booking to submit a claim and receive the payment on the other passengers’ behalf.
27.1.1.4 Passengers are not prohibited by provisions of these Regulations from consulting legal or other third-party advisers before submitting their claim directly to the Airline.
27.1.2 The Airline is obliged to consider the claim and notify the claimant of its satisfaction or rejection with justification within the prescribed terms as may be from time to time provided for by the Laws of Malta.
If other airlines took part in such transportation, the term for consideration of the claim may be extended, taking into account the current rules for resolving claims of such carriers.
If the Airline fails to respond within the time prescribed, or passengers are unhappy with the response, passengers may engage third parties to claim / receive payment on their behalf.
27.1.3 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 without prejudice to the rights of others to appeal to a court.
27.1.4 Claims about the liability of the Airline during international transportation for improper transportation of passengers or baggage must be filed at the choice of the claimant to the court at the location (registration) of the Airline, at the place of its main activity (head office) or at the place where the company through which the air transportation agreement was concluded is located, or to the court of the place of destination of transportation within two years from the date of arrival at the destination, or from the date when the aircraft should have arrived at the destination, or from the date when the transportation stopped.
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 filing a claim against the Airline.
27.1.5 The total amount of reimbursement for damage shall not exceed the limits of liability established hereby.
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 applicable limits of liability established hereby.
27.1.6 If claims for reimbursement for damage specified hereby are addressed to the employee or a sales and/or handling 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 their official duties.
27.1.7 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.
27.1.8 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.
27.1.9 Recalculation of the amounts indicated in the SDR into national currency is carried out in accordance with the value of currencies in the SDR.
27.1.10 The assignment of any right to compensation, damages or refund shall only be valid where the right is assigned to: (i) natural persons that are registered in your flight booking as additional passengers and/or, if you are a member of a travel group, to other passengers of this travel group and/or, where the customer is a minor or otherwise not legally competent, to their guardians; (ii) other natural person or legal entity (hereinafter “the third party”) chosen by the passenger and indicated in a prior written notice, sent before the assignment is made. For the avoidance of disputes and competing demands any assignment of rights to a third party shall be subject to a prior written notice to the Airline made by the passenger with the name of the future assignee. The Airline gives its consent to the passenger only if the future assignee is not the subject of any restriction measures confirmed by the appropriate check. The Airline may postpone any payment under the claim of a third party until obtaining such notice or other confirmation of the passenger’s will to assign his rights respectfully to the concrete applicant concerned.
27.1.11 In all other cases the assignment of any right to compensation, damages or refund against the Airline to third parties without Airline’s consent shall be invalid. This prohibition of assignment does not apply where assignment or subrogation of the claim is required by law.
27.2 Procedure issues for filing complaints and claims regarding improper transportation of the passenger
27.2.1 If a claim is made or a complaint is filed to reimburse for damage caused by a delay in the carriage of a passenger, the amount of compensation is limited to the amount specified in Paragraph 26.5.1 hereof. The amount of the claim must be proved by the person concerned.27.2.2 Claims for the liability of the Airline for damage caused as a result of death or bodily injury must be filed at the choice of the claimant to one of the courts specified in Paragraph 27.1.5 of this Section.
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 filing a claim against the Airline.
27.2.4 In case of a claim against the Airline for a refund for the check-in operation at the airport due to the inability to check-in using the website, the obligation to prove the opposite shall be borne by the Airline.
27.3 Procedure issues for filing complaints and claims regarding improper transportation of the baggage
27.3.1 Receipt of checked baggage by the person entitled to receive it without making any claims presupposes, until proven otherwise, that the baggage was delivered in proper condition and in accordance with the shipping document or a record stored by other means of information storage.
The passenger must prove the opposite by filling out a Property Irregularity Report (PIR) before leaving the airport baggage claim or a Damage Baggage Report (DBR).
27.3.2 In case of improper transportation of checked baggage, the passenger must send a claim to the Airline immediately after detecting damage, loss of part of the baggage contents or no later than seven calendar days from the date of receipt of checked baggage.
In case of delay in baggage transportation, the claim must be filed within 21calendar days from the date when the baggage was placed at the disposal of the passenger.
27.3.3 Claims for loss of baggage shall be filed with the Airline after the baggage is declared lost. Baggage is considered to be lost if it is not found as a result of the search within 21 calendar days from the date following the date when the baggage was supposed to arrive at the destination. In this case, a claim against the Airline must be filed within two years from the date of arrival of the aircraft at the destination or from the date when the aircraft was supposed to arrive at the destination, or from the date when the transportation was terminated.
27.3.4 The liability of the Airline for destroyed or lost baggage is limited to the amount specified in Paragraph 26.5.2 hereof.
27.3.5 If a claim is made for damage to the baggage packaging, the expenses for its repair are subject to reimbursement. If it is impossible to use the damaged baggage packaging further, the compensation shall be paid for its value, which is confirmed by the person concerned.
The Airline is not responsible for the following types of baggage damage:
broken wheels and legs of suitcases, bags, etc.;
lost straps and loops;
minor scuffs or scratches, damage caused by excessive filling of the suitcase;
damage to the handle of a suitcase or bag;
damage to fragile items or perishable products;
damage to items that are not properly packed.
27.3.6 If a claim is made for reimbursement of partially lost baggage weighing up to 1 kilogram, the weight indicators specified in the recommended practice of IATA 1751 (Annex A) may be used to reimburse the cost of partially lost baggage.
27.3.7 If a claim is made for reimbursement of damage caused as a result of a delay in baggage transportation, the amount of reimbursement is limited to the amount specified in Paragraph 27.5.2 hereof. The amount of the claim must be proved by the person concerned.
27.3.8 In the absence of the claims specified in Paragraphs 27.3.2, 27.3.3 of this Section, no claims against the Airline for improper baggage transportation shall be accepted during international air transportation, except in cases of fraud by the carrier.
28.1 The provisions of this section are applied to the Airline and its sales and/or service agents involved in issuing tickets.
28.2 The Airline, its sales agent in the office of transportation registration is obliged to place such information in a visible and accessible place for consumers:
its full name, location;
copies of the documents (licenses, certificates, attestations) regarding the performance of air transportation (sale of air transportation);
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 short terms of the air transportation agreement/ contract (of the Airline for which the ticket was issued), the rules for applying fares 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 air transportation is reserved.
Carrying out promotions, the Airline must provide consumers with full information about the cost of transportation, which should include the amount of the fare and all state taxes and fees, airport charges/fees and charges/fees of the Airline.
By paying for a ticket for a flight of the Airline the passenger agrees to all the terms of the air transportation agreement and the rules of the Airline. Airline established by these Regulations.
28.3 These Regulations and contact information, including the contacts of a 24-hour help desk, are published on the website of the Airline www.skyup.aero .
GENERAL PROVISIONS
1.1 The terms used in this Agreement shall have the meanings given in the Carrier's Rules, which are posted on the Carrier's official website.
1.2 Transportation under this Agreement shall be carried out in accordance with the rules for applying the purchased special fare, which the passenger should carefully read on the official website of the Carrier or at the place of purchase of the ticket before paying for the transportation. The rules of the special fare do not provide for the refund of amounts (funds), including in case of failure to appear for the flight, regardless of the reasons for the failure.
1.3 Transportation carried out by several consecutive carriers is considered a single transportation if, from the beginning of transportation, these carriers considered such an operation as a single transportation regulated by commercial agreements concluded between them, and such transportation was issued by a composite ticket (with consecutive ticket numbers issued by one reservation). The carrier shall not be liable for deficiencies in transportation that occurred at the transportation section of another (other) carrier, including in terms of delay or refusal to transport a passenger or baggage.
1.4 In the event of denial of transportation, cancellation or delay of a flight, the rights of passengers are determined by The Air Passengers Rights Regulation 2004 (Regulation (EC) No 261/2004). Transfer or assignment of the right of claim under such rights to other persons (replacement of the creditor in the obligation) without the consent of the Carrier is not allowed. The Carrier shall give its consent upon receipt of a prior written notice of the intention to make such an assignment made by the passenger indicating the identity of the future creditor.
Such notice must be duly signed by the passenger (it may be sent in electronic form, certified by a qualified electronic signature). The notice must contain the date and number of the flight, the booking number and the surname, name, patronymic of the individual or the name of the legal entity - the future creditor (assignee).
Upon receipt of the notification, the Carrier agrees to replace the passenger with a new creditor specified in the notification, provided that such creditor is not subject to sanctions or any restrictive measures, which are verified by the Carrier. In all other cases, replacement of the creditor in obligations to the passenger in violation of these procedures without the consent of the Carrier is not allowed.1.5 Checked baggage is received by the person indicated in the tear-off coupon of the identification baggage tag. In case of improper transportation of baggage (delay, damage, destruction, shortage of contents), a corresponding report (Passenger Irregularity Report - PIR) is drawn up by an authorized person of the Carrier (its agent) upon request and in the presence of the passenger or his/her authorized person, immediately after the passenger discovers the fact of improper transportation of baggage before the passenger leaves the baggage claim of the controlled area of the airport. In case of late arrival of the checked baggage and impossibility of its receipt by the passenger in the baggage claim department of the controlled area of the airport and further delivery of this baggage to another place specified by the passenger, the passenger must indicate the lack of contents and/or damage to the baggage on the documents of its receipt in the presence of an authorized representative of the Carrier. On the basis of the PIR report, the passenger may file a written claim to the Carrier for reimbursement of damages, and the mere fact of drawing up the PIR report is not a claim to the Carrier.
1.6 A claim for improper transportation of checked baggage shall be filed immediately after detection of damage (loss of part of the baggage contents) and no later than 7 (seven) calendar days from the date of receipt of checked baggage. In case of delay in the transportation of checked baggage, the claim must be submitted no later than within 21 (twenty-one) calendar days from the date when the baggage was placed at the disposal of the passenger. Claims for loss of baggage shall be made to the Carrier after the baggage is recognized as lost. Baggage is considered lost if it is not found as a result of a search within 21 calendar days (unless the search period is extended) from the date following the date on which the baggage was supposed to arrive at its destination. In this case, a claim against the Carrier may be filed within two years from the date of arrival of the aircraft at the destination, or from the date when the aircraft was supposed to arrive at the destination, or from the date when the transportation was terminated.
1.7 Information on the terms, form and procedure for filing and consideration of a claim for improper transportation of checked baggage is available on the official website of the Carrier and by e-mail: [email protected]
1.8 The carrier has the right to delay or cancel the flight for both commercial reasons and reasons beyond its control.
1.9 The time of departure of the flight and the type of aircraft specified in the ticket and in the flight schedule or other published flight schedules are not guaranteed and are not a binding condition of this Agreement. The Carrier has the right to change the flight schedule and departure time of flights. The ticket seller must inform the passenger in a timely manner (as soon as possible) about changes in the flight schedule. If necessary, the carrier may transfer obligations or part of them under this Agreement to another person, including another carrier, change or cancel the landing of the aircraft at the points indicated in the ticket. Before the departure of the flight(s), the passenger must check the schedule of the flight(s). The Carrier is not responsible for providing connecting flights that are issued with separate tickets.
1.10 None of the employees of the Carrier, its agents or representatives shall have the right to amend or cancel the provisions of this Agreement.
1.11 The passenger has the right to order other services provided by the Carrier or its partners. Before ordering any services and facilities of the Carrier or its partners, the passenger must familiarize himself/herself with the terms and conditions of their provision, which are posted on the official website of the Carrier or the websites of its partners.
1.12 The Carrier reserves the right to change the terms of this Agreement unilaterally (applying the regulation of a public offer).
NOTIFICATION OF LIABILITY IN CASE OF DEATH OR INJURY OF A PASSENGER
2.1 The carrier is liable for damage that caused the death or bodily injury of a passenger only if the event that caused the death or bodily injury occurred on board the aircraft or during boarding or disembarking of the passenger on board or from the aircraft.
2.2 The carrier may not exclude or limit its liability for damage that caused the death or bodily injury of a passenger, under the conditions specified in paragraph 1 of this section, to the amount of 151,880 SDR for each passenger.
2.3 The Carrier shall not be liable for damage that caused the death or bodily injury of the passenger and the amount of which exceeds the amounts specified in paragraph 2 of this section under the conditions specified in paragraph 1 of this section, if the Carrier proves that:
such damage was not caused by the negligence or other wrongful act or omission of the airline or its employees or service agents; or
such damage is caused solely due to the negligence or other wrongful act or omission of a third party.
2.4The carrier must immediately, but not later than within 15 days after the identification of the individual entitled to compensation, make an advance payment that may be necessary to meet urgent financial needs. In the event of the passenger's death, the advance payment should not be less than SDR 16,000.
NOTICE OF LIMITATION OF LIABILITY FOR LOSS AND DAMAGE TO BAGGAGE
3.1 The Carrier shall bear limited property liability for improper transportation of checked baggage, which is actually proved by the passenger. The liability of the Carrier in case of loss, destruction, damage, loss of part of the baggage is limited by the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention).
3.2 If the passenger declares the value of the baggage, the Carrier shall be liable not exceeding the declared amount, unless the Carrier proves that this amount exceeds the passenger's real interest in the delivery of the baggage. The declared value of baggage does not apply to certain types of things and goods for which the Carrier is not responsible, namely Fragile, fragile and perishable items, electronic equipment (photo and video equipment, computer equipment, data storage media, etc.), software, money, keys, jewelry (precious and semi-precious metals and stones, etc.) watches, glasses, antiques, works of art, photographs, fur products, technical documentation, business documents, securities, medicines, medical documentation, passports and other identifying documents, unique or irreplaceable items, and other valuable items. These things and items must be transported under the responsibility of the passenger in hand luggage, or at the passenger's risk in checked baggage or unaccompanied baggage (cargo).
3.3 The liability of the Carrier for damage to the passenger's baggage indicated in the baggage tag is limited to proven actual losses, but in any case, shall not exceed the amount of up to 1519 SDR.
NOTICE OF LIMITATION OF LIABILITY FOR THE DELAY OF PASSENGERS AND BAGGAGE
4.1 In the event of damage caused as a result of a delay in the transportation of a passenger, the Carrier's liability is limited to proven actual material damage not exceeding the limits of the Carrier's liability established by international agreements.
4.2 The Carrier's liability for the delay of baggage arises in the event of its non-arrival together with the passenger to the point (country) of destination specified in the baggage identification tag and is limited to proven actual losses.
4.3 In the event of damage caused by a delay in the transportation of a passenger, the Carrier's liability is limited to the amount of SDR 6303 for each passenger.
4.4 The amount of compensation for actual expenses for basic necessities due to the delay of baggage is limited to the amount of up to USD 50, if this destination (country) is not the passenger's place of permanent residence. This payment is made by the Carrier only upon the passenger's request.
4.5 All preliminary payments made to the passenger are taken into account when making final payments.
INFORMATION ON FEES/TAXES, TAXES AND DUTIES
5.1 The total cost of transportation consists of the tariff, fees/taxes, airport fees/taxes, other fees/taxes, taxes and duties established by the state authorities of the country of departure, destination and transit. In connection with changes in the market value of fuel and other calculated components of the fare, the Carrier may establish appropriate changes/surcharges to the fare. The service fee established by the Carrier and/or sales agent for the services of issuing a ticket, MCO, EWT, EMD for the Carrier's flights is not included in the cost of transportation and is paid by the passenger separately with the provision of a document confirming payment for such services. The Carrier has the right to charge a fee for the provision of additional services.
5.2 If the passenger requests a refund of the amount paid for the ticket, and such a refund is allowed by the Carrier's Rules and fare rules, the passenger is refunded the amount of all unused airport and airline charges/taxes. Service charges and other charges for services actually provided to the passenger are not refundable. The cost of other services is refunded in accordance with the procedure and on the terms and conditions determined by the rules for their provision established by the Carrier or the actual (operating) carrier. In order to receive a refund, the passenger must apply at the place of purchase of the ticket or the relevant service, unless otherwise specified in the rules for the provision of such service.
REFUSAL TO TRANSPORT A PASSENGER
6.1 The carrier has the right to refuse transportation at any stage of transportation, cancel the reservation or remove the passenger from the aircraft:
due to the need to comply with the applicable laws of the country of departure, arrival or transit;
at the request of the relevant state authorities of the country of departure, arrival, or transit;
in other cases, provided for by the Carrier's Rules, the country of arrival/departure, and the IATA General Rules.
6.2 Only a passenger who has all the necessary documents (including a valid ticket with a departure and return date that does not exceed the validity of the visa) that meet the requirements of the country of departure/transit/destination can be admitted to transportation. The passenger is responsible for the execution and availability of all necessary valid documents and fulfillment of other requirements necessary for travel.
7. DENIAL OF BAGGAGE TRANSPORTATION
7.1 The carrier has the right to refuse to transport items as baggage:
that may cause damage to the aircraft, property of the Carrier and other persons, passengers and their baggage;
the transportation of which is prohibited by the laws, rules and regulations of the state authorities of any country to, from or through the territory of which the transportation is carried out;
which, by weight, size, nature, smell or other properties, may cause discomfort to passengers and may pose a threat to flight safety;
in other cases, established by the Carrier's Rules.
7.2 The Carrier may transport pets that do not pose a potential danger to passengers, crew, do not affect flight safety and are authorized for transportation by the countries of transit and arrival. Transportation of pets is subject to the passenger's permission from the Carrier when booking/purchasing a ticket. Animals must be properly placed in containers/cages, have valid vaccination certificates and health certificates and permits for import/export to/from the country of destination or transit.
ADDITIONAL TERMS OF THE CONTRACT
8.1 The passenger is financially liable for damage caused to the property of the Carrier, and also reimburses the Carrier's expenses, including but not limited to: expenses resulting from the passenger's gross violation of the rules and conditions of transportation, improper behavior on board the aircraft, as well as expenses related to the consideration of a groundless claim of the passenger, expenses for legal assistance, etc. The passenger's liability for damage is determined by the law of the state in which the behavior (actions) or other circumstances that gave rise to the claim for damages occurred.
8.2 The ticket seller shall inform the passenger of the provisions of this Agreement and the Carrier's Rules, as well as provide information support to the passenger regarding his/her air transportation on all routes. The Carrier and the ticket seller shall not be liable for incomplete and/or untimely provision of information to the passenger regarding his/her air transportation in case the passenger fails to provide his/her contact details or provides inaccurate contact details to ensure appropriate information.
CONDITIONS OF TRANSPORTATION OF CHECKED BAGGAGE
9.1 For passengers traveling with checked baggage and who have paid the cost of its transportation in accordance with the fare set by the Carrier, the free baggage allowance is up to 23 kg (per piece of baggage), depending on the class of service, with the total size of its three dimensions up to 158 cm. The free baggage allowance does not apply if the passenger has purchased a ticket at a fare that does not provide for the transportation of checked baggage. In such a case, the Carrier has the right to establish a surcharge for the transportation of checked baggage without the passenger's consent, as well as to change the amount of such a surcharge.
9.2 A child under the age of 2 (without a separate seat) is entitled to carry free of charge one piece of unchecked baggage (hand luggage) weighing up to 5 kg, the size of which should not exceed 40x30x20 cm and an additional 1 small fully folding baby stroller or portable baby cradle/child seat certified for transportation by air. The size of the seat should not exceed 42x42 cm.
9.3 For passengers with reduced mobility or disability, up to two units of mobility equipment per person with disability or reduced mobility, including an electric wheelchair, are transported free of charge (subject to 48 hours advance notice, taking into account possible space limitations on board the aircraft and compliance with the legislation on dangerous goods). Transportation of the third and more units of mobility aids for one person with disability or reduced mobility is subject to a fee set by the Carrier.
9.4 For the transportation of any piece of baggage exceeding the above established baggage allowance (quantity/weight), depending on the applicable tariff, a surcharge set by the Carrier is charged.
9.5 On the Carrier's flights operated under the agreement on joint operation of flights with other carriers, as well as on routes operated by more than one carrier, baggage allowances and excess baggage payment rules of another carrier may be applied.
9.6 In any case, the baggage allowance specified in the ticket is taken into account.
CONDITIONS OF TRANSPORTATION OF HAND LUGGAGE
10.1 The passenger may carry hand baggage under his/her own responsibility in the cabin of the aircraft, depending on the class of service and the applicable fare. Hand baggage must not exceed the size and weight allowed for transportation by the Carrier's rules, which are posted on the Carrier's official website.
10.2 Hand baggage exceeding the free baggage allowance, depending on the fare and class of service purchased by the passenger, is accepted for transportation as checked baggage or for an additional fee, in accordance with the rules and conditions for the carriage of hand baggage posted on the official website of the Carrier.
10.3 Please note: for safety reasons, passengers are not allowed to carry sharpened objects or objects with a sharp tip on board the aircraft in their hand luggage and personal belongings, including knives and scissors with a blade length of more than 6 cm. The list of items that are prohibited for transportation in hand luggage and/or transportation of which as unchecked baggage is subject to certain restrictions is posted on the official website of the Carrier. The passenger must familiarize himself/herself with the above list before the start of transportation and comply with the prohibitions and restrictions provided for by it. The number of items and the permissible capacity of individual containers/their total volume in hand luggage per passenger may be changed by the authorized civil aviation authority of the country of departure/arrival.
10.4 On the Carrier's flights operated under the agreement on joint operation of flights with other carriers, as well as on routes operated by more than one carrier, the rules for the carriage of hand baggage of the actual (operating) carrier are applied.
HAZARDOUS OBJECTS, SUBSTANCES AND PREPARATIONS
11.1 It is forbidden to carry the following dangerous items and substances with you or in your baggage: compressed gases - combustible or non-combustible or poisonous, household gas, butane, propane, oxygen, charged diving cylinders; corrosive substances - acids, alkalis, batteries, mercury and devices containing mercury; Explosives - ammunition, pyrotechnics, flares, lighting cartridges; flammable liquids and solids, lighter fluids and heating liquids; radioactive materials; briefcases and cases with built-in signaling devices; oxidizing agents - bleaches, peroxides; poisons - arsenic, cyanide, insecticides, herbicides; infectious materials - bacteria, viral cultures; other dangerous objects and substances - magnetized materials, aggressive and irritating substances with a strong persistent odor, as well as any other objects and substances specified in the Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc 9284) as prohibited for carriage on passenger aircraft; goods, items and medicines prohibited or restricted by the current legislation of any country from, to or through the territory of which the flight will be carried out; goods that are unsuitable for transportation by their nature, weight, size, shape or smell. Gas cans, cartridges for gas pistols and revolvers are not accepted for transportation on passenger flights.
11.2 By prior agreement with the Carrier (no later than one day before the departure time of the flight), it may be allowed to transport firearms and ammunition, dry ice as cargo or checked baggage in a limited amount and under certain conditions in compliance with the international rules of IATA for the transportation of dangerous goods. All types of equipment (military, hunting, tourist, sports, etc.) are transported in checked baggage or cargo in accordance with the Carrier's rules posted on its official website.
11.3 E-cigarettes, spare (separated from the devices) lithium-ion batteries (including power banks), medicines (not prohibited for transportation and in the amount necessary for the trip) must be carried in hand luggage.
STATEMENT ON THE PROCESSING AND PROTECTION OF PERSONAL DATA
12.1 The Carrier processes personal data in strict accordance with the requirements of applicable law, only if there are legal grounds for such processing and in accordance with the Carrier's Privacy Policy.
12.2 The Carrier processes your personal data because one of the following conditions is met:
You have consented to the processing of personal data (including, but not limited to, at the time and by purchasing a ticket or other services of the Carrier, at the time of contacting the Carrier through the contact center/website/ticket office, etc).
The processing is necessary for the purpose of entering into or performing this Agreement or providing you with other services and facilities.
Processing is required by the laws of the countries to/from which we operate our flights, etc.
12.3 The processing of a special category of personal data is carried out either on the basis of the passenger's consent, or in case of the need to provide certain services that require the receipt of such category of personal data from (for example, due to health reasons), or in other cases provided for by applicable law.
12.4 We need your personal data in order to fulfill this Agreement, we and our partners can provide you with a comfortable flight and provide other services, including, but not limited to:
make a reservation and issue an airline ticket;
make changes to the reservation;
process incomplete bookings and contact you in case of problems with your booking (for example, sending you a message if the booking has not been completed);
inform you about the route and provide other important information about your reservation;
ensure that you check in for your flight;
inform you of changes in transportation (for example, in case of flight delay or cancellation);
accept you and your luggage for transportation;
to provide you with the full range of our services;
to be able to inform you about all our special offers for air tickets and other services, including joint promotions of the Carrier and our partners;
provide ground handling services for flights and passengers;
implement security control, customs and border clearance procedures;
organize baggage tracing and warning systems;
provide consulting assistance on entry/exit along the transportation route;
provide information support for your trip;
process your complaints and suggestions;
to improve our services, including by conducting a satisfaction survey.
We may also send you push notifications, Skype, Viber, WhatsApp, and other messages via various OTT applications, SMS messages, and other types/means of communication to inform you of flight information.
We ask you to provide us with only the personal data necessary to provide the services you have chosen, to receive our newsletter or to respond to your special request/claim. At the same time, if you decide to provide us with additional personal data, we will also be able to process it with the required level of protection.
If you want to know more about what personal data we process to provide you with our services, we suggest that you familiarize yourself with the information on the carrier's website www.skyup.aero in the Privacy Policy section.
The supervisory authority for personal data protection in Malta is the Office of the Information and Data Protection Commissioner.
You can contact it with complaints or suggestions if you believe that your rights have been violated in connection with the processing of personal data.
The Carrier has the right to update this Privacy Policy from time to time, including if required by applicable law. Therefore, we ask you to visit the Carrier's website to make sure that you have the latest information.
The terms and conditions of the Contract of Carriage, the Carrier's Rules and Privacy Policy are set out on the Carrier's website https://skyup.aero/en/rules