1. The terms used in the actual contract mean: the tichet (Passenger ticket and baggage check) - document issued by the carrier (its agent), including electronic document, confirming the conclusion of the contract of carriage, wich contains the conditions of the contract, flight and passenger coupons, aditional information; aviation carrier (air carrier, carrier) is a business entity that provides services for transportation of passengers, cargo, mail by air;
electronic ticket - an electronic document that includes a itinerary receipt issued by an air carrier or on behalf of an air carrier, electronic coupons and, in case of use is a document for boarding;
international transportation - any transportation where the place of origin and destination, regardless of whether there is a stopover in transportation or overloaded, are located either in the territory of two states or in the territory of the same state, if the agreed stopover is envisaged in the territory of another state; internal transportation - transportation of passengers and / or baggage on aircraft between points that are located on the territory of Ukraine.
2. The Passenger ticket and baggage check is a confirmation of the conclusion of the contract of carriage and reflect the conditions of carriage. Absence, incorrectness in execution, loss of a ticket and baggage check does not affect the validity of the contract of carriage. The carrier undertakes of the transportation the passenger and with him the established norm of free baggage transportation to the destination point, providing him with a place and the ordered class of service on the aircraft performing the flight specified in the ticket. The passenger is obligated to pay for the transportation and customized services the tariff set by the carrier, airport taxes and fees, and in the case of carriage of excess baggage - tariff for the carriage of this baggage.
The cases of ticket recognition as invalid are specified in Clause 5, Chapter 1, Section III of the Rules for the air carriage of passengers and baggage, approved by order of the Ministry of Transport and Communications of Ukraine of November 26, 2018, No. 1239, registered in the Ministry of Justice of Ukraine on February 8, 2019 under No. 141/33112 ( Further - Rules of air transportation of passengers and baggage).
3. Free baggage allowance are determined by the carrier depending on the type of aircraft, class of service and the areas of destination and can not be less than:
- economy class - one piece of baggage up to 23 kg (51 pounds), with the dimensions of each piece in the sum of three measurements not more than 158 cm, not including hand luggage up to 5 kg (11 pounds)
- premium economy class - one piece of baggage up to 32 kg (71 pounds), with the dimensions of each piece in the sum of three measurements not more than 158 cm, not including hand luggage up to 5 kg (11 pounds)
- business class - one piece of baggage up to 32 kg (71 pounds), with the dimensions of each piece in the sum of three measurements not more than 158 cm, not including hand luggage up to 5 kg (11 pounds)
The passenger has the right to transport, free of charge, over and above the free baggage allowance, items that he keeps with him and not put in his luggage, in particular: a handbag, a folder for papers, a coat or a raincoat, a jacket, an umbrella or a cane, newspapers, magazines and books for reading in flight, food for the child needed during the flight, a children's road cradle ( for an infant under 1 year of age ), a lightweight stroller, a folding wheelchair and / or crutches. The total weight of items, with the exception of a wheelchair, should not exceed 5 kg.
4. The name of the carrier in the ticket can be indicated in abbreviated form with the help of codes: МSI or M9 (ICAO & IATA codes assigned). Full name of the carrier - Motor Sich JSC Airlines. Address of the carrier: 54, Felix Movchanovsky street., Zaporizhzhia, 69068, Ukraine.
The agreed stopover points are the points indicated in ticket or indicated in the schedule of the carrier, as points of stopovers on the route of the passenger. The aircarriage carried out in accordance with this contract, successively by several carriers, is considered as a single aircarriage.
5. The carrier which issued a ticket for transportation on the air lines of another carrier acts as the agent.
6. The receive of checked baggage by a person entitled to receive it, without making any claims, provides, prior to proving the opposite, that the baggage was delivered in proper condition and in accordance with the transportation document or record by the means of storage of information.
The passenger must evidence to the contrary filling out a Baggage Property Irregularity Report (PIR) or Damaged Baggage Report (DBR) before leaving the airport baggage claim area.
Claims regarding damage to baggage, lack of contents shall be filed immediately or not later than seven calendar days from the date of getting of checked baggage. In case of delay in baggage transportation, the claim must be submitted within 21 calendar days from the date when the baggage was delivered to the passenger.
Claims for baggage loss are brought forward to the airline after the baggage is declared as lost. Baggage is considered as lost if it is not found as a result of the search within 21 calendar days from the date following that when the baggage was supposed to arrive at its destination. In this case, claims against the airline must be made within two years (for international routes) and three years (for flights within Ukraine) from the date of arrival of the aircraft at the destination, or from the date when the aircraft was to arrive at the destination or from the date the carriage stopped.
If a claim is made in connection with damage to the baggage packaging, the costs of its restoration only are subject to compensation. In case of impossibility of further use of damaged baggage packaging, its value which must confirmed by the person concerned is subject to compensation.
The airline is not responsible for such types of baggage damage as: - broken wheels and legs of suitcases, bags and the like; - lost straps and loops; - scuffed or scratched, damages as a result of excessive filling of the suitcase; - damage to the handle of a suitcase or bag; - damage to fragile things or products that quickly deteriorate; - damage to improperly packed items.
If the subject of the claim is the reimbursement of partially lost baggage weighing up to 1 kilogram, the weight indicators specified in the recommended practice of IATA 1751 (Appendix A) will be used to reimburse the cost of partially lost baggage.
If the subject of the claim is compensation for damage caused as a result of delayed baggage, the amount of compensation is limited to the amount of 1131 SDRs (from December 28, 2019 -1288 SDRs). The amount of the claim must be proved by the person concerned.
In the absence of claims in the above terms for international air transportation, no claims against the airline regarding improper transportation of baggage are accepted, except in cases of fraud on the part of the airline. Claims for improper baggage transportation on domestic flights raise in accordance with the current legislation of Ukraine.
7. A ticket issued at the normal fare is valid for carriage within one year from the date of commencement of carriage if part of the ticket is used, or from the date of issuance, if the ticket was not used.
A ticket issued at a special fare is valid for transportation only up to the date specified in the ticket and on the conditions established by the rules of application of the carrier's tariffs.
8. The time of departure and the type of aircraft indicated in the timetable or other published schedules of the carrier's flights, except for the time of departure indicated on the ticket is not guaranteed and is not a prerequisite of contract of carriage.
The carrier has the right to change the time of departure of the flight, about this the carrier must notify the passenger in time.
The carrier has the right to change the type of aircraft without notifying the passenger about it.
The carrier has the right to detain or cancel the flight both for commercial reasons and for reasons beyond his control.
The carrier must take all necessary measures to avoid delays in the carriage of passengers and baggage.
In case of an emergency (including adverse weather conditions, emergency situations during air traffic control, strikes, civil unrest, embargoes, wars, hostile acts, unresolved international relations, unexpected defects affecting flight safety, or other difficulties that actually threaten or make impossible the safe performance of the flight), the carrier has the right, without notifying the passenger, to cancel or delay the flight or cancel the confirmation booking.
In other cases, the carrier or his agent is obliged to warn the passenger about the delay or cancellation of the flight no later than at 3 hours before the start of check-in.
The carrier is not liable for errors and omissions in timetables and other published schedules of flights of other carriers.
9. None of the agents, employees or representatives of the carrier has the right to change or cancel the provisions of this contract.
THE CARRIER RESERVES THE RIGHT TO REFUSE TO CARRIAGE ANY PERSON WHO RECEIVED THE TICKET IN VIOLATION OF THE APPLICABLE LAW OR TARIFFS, RULES OR CONDITIONS OF THE CARRIER.