Rules of carriage
I. General Provisions
1.1. These rules have been designed on the basis of the Rules for Air Transportation of Passengers and Baggage , approved by the Order of the Ministry of Infrastructure of Ukraine No. 735 dtd 30 November, 2012, which was registered in the Ministry of Justice of Ukraine on 28 December, 2012 with number 2219/22531 (hereinafter referred to as the Rules of MIU), and on the basis of the Air Code of Ukraine. Motor Sich Airline follows provisions of the Rules of MIU and the Air Code of Ukraine in those aspects of passengers and baggage air transportation that have not been covered by these Rules. In case of divergence of interpretation of these Rules, the text of the Rules of MIU and provisions of the Air Code of Ukraine will be preferred.
1.2. Aviation security during air transportation of passengers and baggage is provided in accordance with laws, including the Law of Ukraine On the State Program of Civil Aviation Security .
1.3. The purpose of these rules is to establish general conditions of air transportation of passengers and baggage, to provide flight security and service quality.
1.4. Terms used in these Rules are applied within the following meanings:
automated reservation system/global distribution system is a system which provides display of information on flight schedule, availability of seats, and tariffs of air carriers and by means of which services of air transportation are booked ( hereinafter referred to as ARS/GDS);
air carrier is a subject of economic activity, which provides passengers and cargo air transportation services: on the basis of license as well as operator certificate issued by Ukrainian civil aviation authorized body;
Motor Sich Airline is an air carrier which acts (hereinafter referred to as carrier) and realizes or is intended to realize a flight according to a treaty with a passenger or by order of another juridical or natural person who has a contract with this passenger, transports or assumes liability to transport a passenger and/or his baggage according to a ticket as well as assumes liability to render all other services connected with such transportation regardless of the fact whether this juridical or natural person is a virtual carrier or a contractual carrier. The term ‘carrier’ includes agents , employees, representatives and contractors of a carrier unless these Rules provide for something else;
handling agent is a subject of on-ground service authorized by a carrier to perform on-ground service operations for passengers and baggage;
baggage identification label is a document issued by a carrier for identification of registered baggage;
exceptional conditions are conditions under which transportation of passengers and baggage does not come within the scope of regular operations and procedures of civil aircraft operation including conditions under which transportations of peacemaking contingent, transportations for elimination of consequences of a natural calamity or an accident, etc. are made;
group transportation is a transportation of a group of people with common travel purpose. Minimum quantity of passengers group is two persons;
days are calendar days, including all seven days of a week, holidays and nonworking days. In order to determine term of validity of transportation documentation, acts and other documents, as well as terms of transportation completion, limitation periods for presentation of a claim, count starts at 12 p.m. on a day that comes after a day on which an event occurs or an act is performed; the rest of this day is not taken into account. If the end of the abovementioned term falls on a holiday or a day off, a day of term expiry is the first working day that comes after it;
contract of charter (affreightment) of aircraft is a contract according to which one party (freighter) undertakes to provide to another party (affreighter) for a payment full or partial capacity of one or several aircraft for one or several flights for transportation of passengers, baggage;
damaged ticket is a ticket passenger-caused condition of which does not allow to identify or read information in it;
combined transportation is a transportation which is carried out by means of different types of transport according to one transportation document with air transport involved;
stopover is a temporary stop at any point except for a point of departure and destination, which is preliminarily agreed between a carrier and a passenger;
interline agreement is an agreement on mutual recognition of transportation documentation and making mutual settlements;
carrier’s code (M9/011) is reference letter or alphanumeric designation of a carrier provided by the ІАТА according to established procedure, which is used for identification of Motor Sich Airline in ARS/GDS;
commercial agreements are any agreements between air carriers except for agency agreement, which concern rendering of common services connected with air transportations of passengers and baggage;
compensation by way of recourse is a compensation of expenses for account of a third person;
customer is a person that uses air transport or intends to use it ;
itinerary/receipt is a document (documents) that is (are) a component part of electronic ticket and contains (contain) necessary information (e.g. surname of a passenger, itinerary, tariff, etc.), notification and report;
point of departure is a point indicated in a ticket from which transportation of passenger and his baggage begins;
Convention on Unification of Some Rules for International Air Transportations made on 28 May, 1999, in Montreal (hereinafter the Montreal Convention );
Extraordinary circumstances are circumstances that cause continuous delay
or cancellation of one or more flights even if a carrier takes all reasonable measures to prevent delays or cancellations. In particular extraordinary circumstances are not limited to the following circumstances: military operations, mass riots, a subversion, embargo, fires, floods and other natural calamities, explosions, actions or inactivity of state bodies, strikes, technical obstacles that arise as a result of failures and faults, malfunction of power-supply system, telecom system, communication system, equipment, software;
normal tariff is exceptionally flexible tariff fixed for providing service for business class, economic class, sometimes for premium class, which stipulates maximum flexibility for seats booking, ticket acquisition, term of stop, stop-overs, combination of tariffs, repeat booking and change of itinerary, denied boarding, etc.
Term of tariff validity amounts to 12 months;
main place of operation of carrier is location of main office at which a carrier performs main managerial and finance functions ;
main and permanent place of residence is one fixed and permanent place of residence of a passenger at time of event. Citizenship of a passenger is not a factor determining permanent place of residence;
deadline for passengers registration is time upon expiration of which passengers who do not have time to register or proceed for boarding are not admitted to transportation on a respective flight;
transit passenger is a passenger who is transported further on the same flight on which they travel to an intermediate airport according to a contract of air transportation;
transfer passenger is a passenger who travels to a point of transfer (change) on one flight and is transported further on another flight of the same or another air carrier according to a contract of air transportation ;
passenger’s coupon (or passenger’s receipt) is a part of passenger’s paper ticket, which a passenger keeps after transportation completion and which is added with notifications concerning conditions of passenger transportation;
confirmation of booking is booking which is made in an automated booking system and confirmed by a carrier. It is indicated with mark OK on a ticket (electronic ticket);
air transportation is a transportation of passengers, baggage, cargos or mail, which is carried out in aircraft according to a relevant contract of air transportation.
There can be international and domestic transportation. An international transportation is a transportation with point of departure and point of destination located whether on a territory of two different countries regardless of occurrence of stop during transportation or occurrence of repeated lading or on a territory of one country, if an agreed stop is planned to be done on a territory of another country.
A domestic transportation is a transportation of passengers and/or baggage at aircraft between points located on the territory of Ukraine;
flight coupon is a part of passenger’s ticket or electronic coupon of electronic ticket, which has defined corresponding points of departure and arrival, between which a coupon is valid for transportation of a passenger or a baggage;
potentially dangerous passengers is a category of passengers who make a flight forcibly (the escorted, deportees) accompanied by authorized officials of relevant bodies;
rules of a carrier are rules of air transportations established by a carrier and agreed with the State Aviation Service of Ukraine that are used during air transportation of passengers and/or baggage as well as technologies, instructions, standards and passengers and baggage service guidelines, rules of tariffs application, procedure of claims and suits ;
representative (representative office) of an airline is an employee (a subdivision) of an air carrier, who is located at another settlement of Ukraine or on a territory of another country, where they represent his interests.
a claim is a request drawn up in writing by an interested person concerning reparation of damages (losses) that occur as a result of domestic or international air transportation;
flight with excess booking is a flight for which the amount of passengers who have confirmed booking and proceed for registration before the deadline for passengers processing exceeds quantity of available flight seats;
reasonable measures are adequate measures which a carrier undertakes in order to prevent or diminish damages (losses) of a passenger;
reasonable terms are a period of time reasonable limit of duration of which is two hours and more for all flights of range up to 1500 kilometers; three hours and more for all flights of range from 1500 up to 3500 kilometers; or four hours and more for all other flights;
itinerary segment is a part of transportation between two points, which is component part of full itinerary and registered on one flight coupon;
special drawing right (hereinafter SDR) is money of account which is used by the International Monetary Fund (hereinafter IMF) and defined as a currency basket, composition of which is reviewed by IMF periodically in order that it reflects relevant significance of currencies in the world trade and financial systems;
special tariff is a tariff published by a carrier, which has certain limitations concerning its application;
special conditions are conditions of air transportation of passengers and baggage, which arise as a result of discrepancy of provisions of these Rules and rules of another country or if rules of another country establish level for transportation conditions that is lower than the level established by these Rules or if another country requires to observe its rules and implementation of a transportation contract is threatened;
subject who renders agent services for air transportation sale (hereinafter selling agent) is a juridical person who sells air transportations by order of a carrier or general agent on the basis of a contract;
tariff regulations are tariffs and rules of their application fixed and published by a carrier;
agreed stop points are points (except for points of departure and destination) which are defined in a ticket or given in a carrier’s schedule as planned stop points on a transportation itinerary;
charter flight with business goal is a charter flight for which all capacity of aircraft is freighted by one natural or juridical person exceptionally for their own needs (without the right to sell capacity to a third person) for the purpose of transportation of passengers and/or cargo and is not distributed between other affreighters. Amount of passengers transported cannot exceed 15 persons and weight of cargo cannot exceed 2 tons.
1.5. Other terms used in these Rules are applied with the meaning given in the Air Code of Ukraine.
I І . Sphere of Application
2.1. General Conditions of Transportation
2.1.1. These Rules are applied to any international and domestic transportation of passengers and baggage made by aircraft for payment or hire as well as to air transportation that are made by a carrier free of charge into/out of airports located on the territory of Ukraine.
2.1.2. These Rules are applied to a passenger who travels on flight (flights) according to a ticket. Fixing an operator as a carrier for such flight is a confirmation of existence of an air transportation contract for such flight concluded between this carrier and a passenger who is indicated in a ticket.
2.1.3. All transportations of passengers and baggage that are mentioned in paragraph 2.1.1. of this chapter are an object of these Rules as well as tariff regulations of a carrier that are effective as of the date of ticket issue (acquisition of an electronic ticket). If this date cannot be determined then a date of transportation beginning will be applied. During transportation of passengers and baggage rules, tariffs and charges are applied that are effective on a date of ticket issuance.
2.1.4. The Rules of MIU and these Rules as well as tariff regulations of a carrier with changes introduced cannot be applied to a contract of transportation of passengers and baggage without notification of a passenger after a date of ticket issuance except for cases when it can be necessary according to applied laws, for example, as regard to ensuring flight safety.
2.1. 5 . A carrier has the right to make transportations of passengers and baggage the compliance of which to these Rules cannot be ensured only at special conditions stipulated by paragraph 2.2. of this chapter.
2.1. 6 . These Rules are not used during transportation of passengers and baggage that are made at exceptional conditions which do not come within common operations and procedures of organization of transportations of passengers and baggage.
2.2. Special Conditions of Transportation
2.2.1. If a carrier proves and civil aviation authorized body admits that provisions of these Rules practically cannot be observed and that general conditions of transportation of passengers and baggage established by these Rules can be ensured by application of alternative means, such body can approve single operation or planned series of several operations for transportation of passengers and baggage according to special conditions. General level of quality and safety during such transportations shall be at least equivalent to a level that would be ensured while fulfilling all requirements established by these Rules.
2.2.2. Rules of a carrier concerning application of special tariffs and transportations of certain passenger and baggage categories are also special conditions of transportation.
ІІІ . Ensuring Quality of Transportation of Passengers and Baggage
3.1. Rules of MIU and there Rules are component parts of carrier’s programs on ensuring quality during air transportations of passengers and baggage .
3.2. New rules, standards, norms, technical requirements, technology, instructions, manuals for air transportation of passengers and baggage shall comply with programs of quality ensuring.
І V. Ticket
4.1. Contract of Transportation
4.1.1. Passenger ticket and baggage receipt are confirmation of conclusion of a contract of transportation and represent its conditions. Lack of ticket, its incorrect issuance or loss of ticket and baggage receipt do not influence the validity of a contract of transportation.
4.1.2. Ticket provides passenger with a right to make relevant flight (flights) and commits a carrier to perform relevant transportation of a passenger and his baggage as well as to render other services connected with transportation according to a contract of transportation except for cases specified in paragraph 4.1.4 of this chapter.
4.1.3. Conditions of a contract of transportation that are added to a ticket shall not contradict the Montreal Convention, the Air Code of Ukraine, Rules of MIU and these Rules.
4.1.4. A person has no right to make a flight and a carrier or his authorized person has a right to nullify a ticket if:
- a person presents a damaged ticket or a ticket that is changed but not by a carrier or his authorized selling agent;
- it is determined that a ticket is purchased with forged/stolen or invalid payment card (credit card);
- a person does not present a ticket which contains flight coupon for a relevant flight, all other unused flight coupons as well as passenger coupon.
4.1.5. Tickets that are nullified because of a carrier are to be issued repeatedly if it is necessary for a passenger. Tickets that are nullified by reason that does not depend on a carrier are to be withdrawn without repeated issuance. In all cases a carrier or a person who represents his interests draws up a report, a copy which is presented to a passenger.
4.1.6. A person who is found on board of aircraft without a ticket or with a ticket that is nullified by a carrier is to be put off a plane.
4.1.7. A relevant report on detection of passengers without tickets on board is drawn up and a subdivision of civil aviation authorized body is informed that is competent to control ensuring aviation security.
4.1.8. A passenger is obliged to keep a ticket and other transportation documents up to completion of transportation, and in case of claim submission till the moment of its settlement. A ticket and other transportation documents that are submitted to a passenger are to be shown to authorized persons of operator (operator of airport, service agent, etc.) on demand.
4.2. Lost or Damaged Ticket
4.2.1. If a passenger loses or damages a ticket (its part), a carrier can replace such ticket (its part) on request of a passenger by issuance of a duplicate of a ticket provided that a passenger signs an agreement on reparation of damages of a carrier connected with cost of original ticket that are borne or can be borne by a carrier in connection with use of original ticket by a third person. If a passenger does not sign such agreement, a carrier who issues a duplicate of a ticket has a right to call for a payment of its full cost by a passenger. A carrier has a right to collect from a passenger payment for ticket paper duplicate issuance service in the amount of USD 10 (or other currency equivalent), unless loss or damage was caused by his negligence (negligence of his agent). For loss of electronic ticket (itinerary/receipt) and issuance of its copy collection is not foreseen . In case of loss or damage of a ticket of another air carrier ticket duplicate is issued only if there is a written consent of such air carrier.
A carrier has a right to collect from a passenger payment for ticket duplicate issuance service if loss or damage was not caused by negligence of a carrier (his agent).
4.2.2. A carrier has a right to refuse passenger in issuance of ticket duplicate if:
- a passenger does not sign an agreement stipulated by paragraph 4.2.1. of this chapter and refuses to pay ticket duplicate issuance services;
- a passenger requests issuance of ticket duplicate at an airport on a day of flight if there is less than three hours before a flight according to a schedule or if a flight is made at hours, when office of a carrier who has to give consent is closed.
4.3. Prohibition of Ticket Transfer
4.3.1. A ticket can be used for transportation of only that person whose surname and name are indicated in a ticket.
4.3.2. In order to fulfill requirements of paragraph 4.3.1 of this chapter a carrier has a right to demand that passenger identifies himself.
4.4. Validity Term of Ticket
4.4.1. A term of validity of a ticket comprises the following:
- general term of validity of a ticket;
- term of validity for transportation.
4.4.2. General term of validity of a ticket gives a passenger a right to use a ticket for all operations stipulated by these Rules including acquisition of a seat on a certain flight and date, return of cost of fully or partially unused transportation and other calculations that are established by the Rules of MIU and these Rules.
4.4.3. General term of validity of a ticket includes a period of time from the moment of ticket issuance and till the end of term that is foreseen by the Rules of Tariffs Application of a carrier for acquisition of means for unused ticket.
4.4.4. A ticket with guaranteed date of departure gives a right for transportation of passenger and his baggage from initial airport indicated in it, airport of transfer, stop or airport of back transportation only on a day and on a flight that are indicated in a ticket.
4.4.5. A ticket with open date gives a right for transportation from a relevant airport only after booking and inserting a date of departure and number of flight by a carrier or his authorized person.
4.4.6. A ticket issued according to a normal tariff is valid for transportation during one year from a date of transportation beginning if part of a ticket is used or from a date of its issuance if the whole ticket is not used.
4.4.7. A ticket issued according to a special tariff is valid for transportation only till a date defined in a ticket and on terms established by rules of tariffs application of a carrier.
4.5. Extension of Validity Term of Ticket
4.5.1. Term of validity of ticket is extended regardless of type of applied tariff if a carrier:
- cannot provide a seat for a flight on which a passenger has a confirmed booking;
- cancels a flight on which a passenger has a confirmed booking;
- skips over agreed place of stop;
- does not carry out a flight within reasonable terms that are higher than time of departure, which is indicated in a ticket;
- acts in such a way which causes passenger’s late arrival for change for another connection flight, for which a passenger has confirmed booking and which is indicated in the same ticket where a previous flight is indicated as well;
- cannot provide service that corresponds to the paid service class; in such case, upon passenger’s approval of subsequent transportation, validity term of his ticket shall be extended for a period that lasts till the first flight on which there is a place for such passenger in the paid service class;
- as well as in a case of disease of a passenger or a member of his family, who travels with him in aircraft provided that a relevant health care certificate is presented.
4.5.2. If a passenger cannot continue a started travel during a validity term of a ticket for transportation in connection with a disease or other circumstances, a carrier can extend a validity term of such ticket till a moment when a passenger can be able to continue his travel or till the first flight of a carrier on which there is a place in the paid service class after such date and from a place where a travel is discontinued. Event of a disease or other circumstances shall be confirmed by a relevant certificate from a health institution. In such case a carrier can extend validity term of tickets of people who accompany such a passenger.
4.5.3. In a case of death of a wife (a husband) or a member of passenger’s family who does not begin his travel or in case of passenger’s death that occurs in flight validity term of tickets of people who accompany such a passenger can be extended as well as term of minimum stay at a point of event can be increased.
Validity term of tickets shall extended after receiving duly arranged death certificate and this extension shall amount to not more than 45 days from a day of death of a passenger. When these Rules are applied family members of a natural person include his parents and parents of his wife or husband, his wife or husband, his children as well as children of his wife or husband including their adopted children, guardians, a grandmother, a grandfather, full brothers, sisters, grandchildren and other dependants recognized according to the law. A carrier can extend a list of persons who belong to members of deceased passenger’s family.
4.6. Sequence of Flight Coupons
4.6.1. A carrier accepts flight coupons only sequentially starting with the first airport of departure specified in a ticket.
4.6.2. A ticket is nullified which a passenger breaks sequence of flight coupons use in, unless it has happened because of a carrier or his authorized agent (selling and/or service agent).
4.6.3. A passenger keeps a passenger coupon and all unused flight coupons that have not been returned to a carrier during a travel. They shall be presented to a carrier upon his request. If a sequence of use of flight coupons is broken because of a passenger, a carrier has a right to refuse in transportation and return of cost of unused flight coupons.
4.6.4. If a passenger declines a transportation at one of itinerary segments that causes disorder of flight coupons use and desires to use other itinerary segments or back flight, a passenger shall notify a carrier about this and reissue a ticket.
4.7. Service Class
4.7.1. A carrier shall provide a passenger service according to the paid service class. A carrier (his selling agent) shall notify a passenger on service that is provided in a relevant class during booking and/or issuing a ticket.
4.7.2. A passenger is admitted to transportation in service class specified in a flight coupon as of a flight date and a relevant flight on which a passenger has confirmed booking.
4.7.3. If a ticket is issued without confirmed booking (status of booking is other than “OK”), a place will be booked on request of a passenger during registration provided that such place is available in the paid service class on a relevant flight. If there is little time for booking, a passenger may be admitted to transportation without booking.
4.7.4. A carrier has a right to change service class for higher or lower one because of both technical and commercial reasons. In case of lowering service class a carrier is obliged to inform a passenger on this as early as possible and offer suitable compensation considering provisions of paragraph 16.5. of chapter XV І of these Rules.
4.8. Terms and Conditions of Submission of Tickets for Return of Paid Amounts
4.8.1. A ticket can be presented to a carrier for return of amounts paid for partial transportation or not fully used transportation if such return is allowed by rules of tariffs application:
- before transportation; or
- during the whole validity term of a ticket for transportation; or
- during 30 days after expiration of validity term of a ticket for transportation.
A carrier can extend this term considering circumstances that make it impossible to present a ticket for means return operation.
4.8.2. Amounts for unused tickets are returned in compliance with requirements of tariffs application rules established by a carrier that are placed on carrier’s website flymotorsich.com and are available for passengers view .
4.8.3. Expiration of term indicated in paragraph 4.8.1. of the chapter does not deprive a passenger of the right to present a claim to a carrier according to chapter XXV І II of these Rules.
4.9.1. Carrier’s name can be given in a ticket as alphanumeric code “ M9” and numeric settlement code “ 011” .
4.9.2. During booking (registration) a carrier (his selling agent or service agent) shall inform a passenger on full name of a carrier that is indicated in a ticket as a code.
V . Stopover or Approval of Place of Stop
5.1. Stopover is allowed provided that it is agreed with a carrier preliminarily and is indicated in a ticket.
5.2. If a passenger has a ticket issued according to normal tariffs stops are allowed at any point of itinerary during validity term of a ticket.
5.3. If a passenger has a ticket issued according to a special tariff and he makes a stop, additional payment can be collected from a passenger for this.
VI. Tariffs and Charges
6.1. Used tariffs are tariffs fixed and published by a carrier or on his behalf (or if not published, than calculated according to tariff regulations of a carrier) for a flight of flights from a place of departure to a place of destination indicated in a ticket that are effective for a corresponding service class on a day of ticket payment. Each tariff stipulates rules of its use which establish validity term of a ticket, tariff use requirements and return of amounts for unused part of transportation, etc. Rules of tariff application are approved by carrier’s chief, placed on carrier’s website flymotorsich.com and are available for passengers view.
6.2. Tariffs do not include transport services between airport terminals and between airports and city terminals.
6.3. Airport charges (prices) for rendering services to passengers during their service at an airport are fixed and approved according to effective laws and shall be published in a form that is accessible for customers.
6.4. Airport charges (prices), charges (prices) of a carrier are not a part of a tariff, but together they form a full cost of transportation.
6.5. Airport charges (prices), charges (prices) of a carrier fixed for use of any services or equipment can be a part of transportation cost or be paid separately with submission of a document that confirms payment of these services.
6.6. Tariffs, charges (prices) for air transportation in/from and within the territory of Ukraine are published by air carriers and airports in ARS/GDS in a currency that is approved by civil aviation authorized body and agreed with the IATA Conference on Tariff Policy Coordination
6.7. Settlements for air transportation services on the territory of Ukraine are made according to the effective laws of Ukraine. Exchange tariff is fixed according to the effective laws of Ukraine.
VII. Booking of Transportation of Passengers, Baggage
7.1. Booking Requirements
7.1.1. Booking of a seat on aircraft and transportation capacity for transportation of excess baggage for certain flight and date is a compulsory condition for transportation of a passenger and baggage at air transport.
7.1.2. ARS/GDS are used for booking. Seat and tonnage can be booked by means of stationary and mobile communication, the Internet, specialized self-service automatic machine, etc. The main condition of such means of booking is a display of executed booking in carrier’s system.
7.1.3. Booking is made within time limits and in order established by a carrier. Entry of passport data in booking is made according to effective laws and international treaties of Ukraine.
7.1.4. A carrier or his selling agent shall inform passenger (his representative) on terms of payment and ticket issuance and on change of schedule.
7.1.5. Until a passenger (his representative) does not pay a full cost of transportation, booking is considered preliminary one and if required it can be cancelled with passenger notification.
7.1.6. In the event that a passenger (his representative) does not pay for transportation within the time limit that has been established by a carrier (his selling agent), booking is cancelled without notification of passenger.
7.1.7. If a passenger does not show for a flight (for registration or boarding – “No-show”), for which he has confirmed booking and does not inform a carrier on changes concerning his travel beforehand, a carrier has the right to cancel booking for next itinerary segments of for a back flight.
7.2. Passenger’s Personal Data
7.2.1. During booking a passenger communicates about necessary information on his personal data and special requirements for transportation to a carrier or his selling agent. Moreover, during booking a passenger shall submit reliable information concerning his phone number, address and another reserve contact person for timely notification and information of a passenger to a carrier or his selling agent. In the event that there is no proper communication with a passenger that is registered by a carrier and a telecommunication agency, a passenger is responsible for consequences of untimely notification and information about changes in transportation.
7.2.2. If a passenger refuses to submit information necessary for booking, booking is not made.
7.2.3. A person who sells transportations (a carrier, selling agent) shall keep personal data of a passenger confidential in the scope established by the effective laws of Ukraine and a country of destination. A passenger entitles a carrier to keep personal data about him and submit them to state bodies upon their request or to his employees, his agents, other air carriers, providers of additional services for booking or repeated registration of transportation, receiving additional services, arrangement of system for baggage search and system for prevention/detection of transportation documentation fraud, providing with informative assistance concerning entry/departure at transportation itinerary, who shall follow the laws in the sphere of personal data protection.
7.2.4. It is forbidden to entry contact information of selling agent instead of contact information of a passenger.
7.3. Providing a Seat
7.3.1. Booking of a seat can be both with fixing certain seat for a passenger on board of aircraft and without fixing.
7.3.2. A carrier has the right to replace a given seat even after aircraft boarding of a passenger for reasons of safety securing, for technical and other reasons.
7.3.3. In the event that a ticket is provided with open flight date, booking is made on general basis provided that there are seats on a flight.
7.3.4. In the event that a passenger has a ticket with open flight date and he asks for providing a seat and a carrier does not have such a possibility, than a carrier or authorized selling agent shall offer a passenger to make booking for the next flight, on which there are free seats.
7.3.5. The first and priority right for acquisition of a seat for a flight is determined according to the effective laws. A carrier can add persons who have the right for the first and priority acquisition of a seat to a list.
7.4. Repeated Confirmation of Booking
7.4.1. A carrier has the right to require that a passenger makes repeated confirmation of a back flight. Flights with introduced procedure of back flight confirmation are determined by a carrier. A passenger shall be informed on necessity of back flight confirmation.
7.4.2. Repeated confirmation of a back flight is not required if a back flight is planned less than in 72 hours or booking for flight is made less than 72 hours prior to flight time according to a schedule. If a passenger has several flight itinerary segments, than a confirmation is made for each segment.
7.4.3. A carrier shall give passenger information about time and way of repeated confirmation making. If a passenger failures to comply with requirements of a carrier concerning repeated confirmation of booking, it gives a carrier the right to cancel unconfirmed booking, but not earlier than 72 hours prior to a flight according to a schedule.
VII І . Service of Passengers
8.1. Service of Passengers at Airport
8.1.1. A carrier or service agent shall provide passengers at airport with visual and/or acoustic information concerning the following:
- time of departure and arrival of aircraft;
- place, time of beginning and finish of registration for flight;
- delays or cancellation of flights and reasons for delays and cancellation of flights;
- ways and routes of passing between airport terminals or travel between airports and from airport to a city;
- rules and procedure of preflight and postflight inspection of passengers and baggage;
- general rules for passengers to fulfill requirements connected with frontier, customs, immigration, sanitary-and-epidemiologic, veterinary-and-sanitary, phytosanitary and other types of control according to applied laws;
- location of mother-and-child room, post of law enforcement agency, inquiry office, first-aid post, toilet, etc.;
- place of baggage acquisition and place of solving issues of a passenger connected with delay, damage and destruction of baggage.
8.1.2. All announcements at airport are to be made in Ukrainian. At international airports announcements are additionally made in English and/or in a language of a country out of which/into of which a flight is made.
8.1.3. At airport a carrier or service agent provides the following:
- registration of passengers and registration of baggage for transportation;
- ground transportation of passengers, their baggage to aircraft parking area, and he arranges boarding of passengers into aircraft and loading of their baggage;
- arrangement of disembarkation of passengers from aircraft and unloading of baggage, their ground transportation to a corresponding terminal of airport of arrival and baggage dispensing.
8.1.4. Period of tickets registration (start, finishing) is specified in paragraph 10.3 of chapter X of these Rules.
8.1.5. Time of finishing of passengers boarding into aircraft is 10 minutes prior to time of flight that is indicated in a ticket.
8.1.6. Time of start and finishing of registration and boarding into a plane shall be indicated in a ticket or in another document that is given to a passenger during ticket selling.
8.1.7. Passengers of business-class shall get service at a separate counter for registration (if there is no such opportunity, registration is conducted in the first place), get invitations to waiting business-rooms (if available); mentioned passengers shall be conveyed to/out of aircraft by a separate buss. A carrier has a right to render similar services to premium-class (comfort-class) passengers for free or collect payment for rendering such services
8.2. Service of Passengers on Board of Aircraft
8.2.1. A carrier renders to passengers on board of aircraft a service complex that depends on type and equipment of aircraft, flight duration, time of day or night during which a flight is made as well as on service class that is indicated in a ticket. Scope of services and their procedure are determined by process charts of a carrier. Information on scope of services and their procedure can be learned directly from a carrier, his authorized agent or on carrier’s website flymotorsich.com .
8.2.2. A carrier shall provide:
- equipment of aircraft passenger cabin that consists of technical means and passengers security systems;
- suitable temperature conditions in a cabin, installation of means for individual use of passengers (individual lighting, ventilator, table for meal, safety seat belt system, oxygen and smoke protection masks, etc.);
- appropriate sanitary and hygienic condition of aircraft cabin;
- serviceability and completeness of equipment, tools and passenger services means;
- availability of seats for passengers with children and seats with possible installation of cradles for babies;
- a possibility of allocation of patients on stretchers and disabled persons;
- rendering services that create comfort and correspond to flight duration.
8.2.3. A carrier shall have enough amount of trained personnel on board of aircraft in order to serve passengers including provision of first aid as well as to provide flight security according to effective norms and rules of civil aviation of Ukraine.
8.2.4. A carrier shall ensure rendering such onboard free services as:
- assistance for passengers during boarding or disembarkation in/out of aircraft (finding a seat, placement of hand luggage, etc.);
- inquiry and communication service is timely and reliable information of passengers about rules of behavior on board of aircraft, rendered services, flight conditions, survival equipment use, location of individual protection means and inflatable escape chutes on board of aircraft, location of main and emergency exits, aircraft escape requirements;
- individual service;
- first medical aid;
- serving of fresheners;
- providing passengers with soft implements and means of inflight service;
- providing passengers with periodicals (newspapers, magazines, promotional products);
- music program broadcast (it can be realized depending on type of aircraft and provided that there is appropriate equipment).
8.2.5. Passengers may get service on board in the following classes (depending on type of aircraft):
- premium or comfort (improved economical);
- economical class.
8.2.6. Serving of fresheners is a compulsory free service. Minimum norm of fresheners is 100 ml and 150 ml for each hour of flight if there is no nourishment. During period from 15 April to 14 October inclusive, norm of fresheners is increased to 150 ml.
8.2.7. Hot nourishment is provided on board of aircraft according to norms established by process charts that are made for each flight of a carrier. No nourishment and hot drinks can be served to passengers of aircraft if specified condition is established by process charts of a carrier or by a flight ordering customer and a passenger is informed about service conditions on board of aircraft prior to conclusion of air transportation contract or purchase of complex tourist service package
8.2.8. A carrier can render additional services for enhanced flight comfort to a passenger. A list of additional services for enhanced comfort, their procedure and payment are established by internal documents of a carrier. A carrier informs passengers about additional services during booking, purchase of a ticket and by allocation of information on website of a carrier flymotorsich.com .
8.2.9. In order to render first medical aid in flight, a carrier shall have on board of aircraft first-aid kits in the following amount:
- amount of passenger seats from 0 to 99 – 1 piece;
- amount of passenger seats from 100 to 199 – 2 pieces;
- amount of passenger seats from 200 to 299 – 3 pieces;
- amount of passenger seats from 300 and more – 4 pieces.
8.2.10. A carrier shall ensure that there are wheelchairs intended for transportation of physically challenged passengers on board of aircraft.
8.2.11. Before each flight a carrier shall ensure:
- cleanness in a passenger cabin of aircraft, headrests on seats;
- stationary and demountable equipment, service means, soft implements serviceability and completeness;
- availability of fresheners, and nourishment that corresponds to norms established by process charts of a carrier for flights where nourishment is provided for.
- heating/cooling of a passenger cabin.
8.2.12. A carrier shall ensure during the whole flight:
- supply of cold and hot water to refreshment room/kitchen and toilets;
- conformity of pressure in a passenger cabin and rate of its change with established norms;
- air temperature in cabins not lower than 18 and not higher than 25 degrees centigrade;
- cleanliness and order in a passenger cabin;
- constant control over fulfillment of rules of behavior on board of aircraft by passengers.
8.3. Requirements to Quality of Services that Are Rendered to Passengers on Board of Aircraft Depending on Service Class
8.3.1. Service of passengers in a business-class cabin is provided in a separate cabin that is located in a fore part of aircraft. The cabin is equipped with special transforming seats of general purpose. A distance between seats (between two front legs of seats) must be minimum 78.71 cm (31 inches). The cabin must be equipped with onboard entertainment system or passengers shall be provided with an individual touch-sensitive TV set. Arrangement of a business-class cabin depends on type of aircraft that is operated. Amount of seats in a business-class cabin depends on arrangement of individual aircraft.
8.3.2. Premium-class (comfort-class) is a class of enhanced comfort, service standards of which (nourishment and baggage transportation norms) shall comply with service standards for business-class. A cabin is located in a fore part of aircraft behind a business-class cabin if there is such cabin. The premium-class (comfort-class) cabin is equipped with seats for a cabin of economical class. A carrier can equip the premium-class (comfort-class) cabin with seats similar to business-class seats. A distance between seats (between two front legs of seats) can be minimum 78.71 cm (31 inches).
8.3.3. The premium-class (comfort-class) cabin is separated from the business-class cabin and the economical class cabin by a partition wall (hard or soft).
8.3.4. Passengers of business- and premium-classes (comfort-class) get the same service provided by specially trained cabin crew, namely:
- an individual collection of magazines and newspapers;
- a blanket, a pillow (regardless of flight duration);
- a separate toilet;
- warm wipe for hands to be used before receiving nourishment;
- increased offer of nourishment with a possibility for a passenger to choose among its several types;
- fresheners and alcoholic beverages in assortment.
8.3.5. An economical class cabin is located behind the business-class cabin or the premium-class (comfort-class) cabin if there is such a cabin. Passengers are allocated in a passenger cabin with standard seats. A distance between seats (between two front legs of seats) can be minimum 73.66 cm (29 inches).
8.3.6. Nourishment service of passengers must be rendered with strict observance of products realization terms.
8.3.7. Serving fresheners to passengers must be 20 minutes prior and in 25 minutes after nourishment service rendering.
8.3.8. A main ration (a hot dish if it is stipulated by a flight process chart) must be offered to passengers in 1-1.5 hour after aircraft take-off.
8.3.9. Temperature of appetizers, dishes and beverages that are served on board of aircraft must be:
- hot dishes – +65/70 degrees centigrade;
- hot beverages – +75 degrees centigrade;
- cold dishes – +10/14 degrees centigrade;
- appetizers – +10/14 degrees centigrade;
- fresheners – +10/14 degrees centigrade.
8.3.10. Music programs are intended for filling of pauses between text messages with required information and creation of pleasant background sound in aircraft cabins. Broadcast of music programs is stopped at night time except for use of individual listening systems in 15-20 minutes after nourishment taking (when passengers have rest) and on request of passengers (in indifferent state of health and for other reasons).
8.3.11. Additional services on board of aircraft include:
- provision of on-board nourishment for passengers;
- marketing of souvenirs, industrial and food products, books, magazines;
- hotel reservation;
- taxi calling;
- booking of tickets.
8.3.12. All kinds of additional services must be provided without harm to flight security and completion of compulsory services.
8.4. Safety Requirement on Board of Aircraft
8.4.1. Aircraft must be equipped with necessary set of survival equipment and means for escape of passengers in emergency conditions.
8.4.2. It is forbidden to admit to board containers, implements and equipment that do not have seats, shelves or special fasteners intended for them.
8.4.3. The maximum quantity of persons on board of aircraft must not exceed an amount of seats provided with seat belts.
8.4.4. Before take-off, landing and in special cases passengers shall fasten seat belts, cabin crew shall control fastened state and belt tightening of each passenger.
Children under 2 years that are transported without a separate seat are allocated on knees of an adult passenger, who shall hold them tight with hands.
8.4.5. On each flight cabin crew shall:
- inform passengers about locations of emergency equipment and rules of its use timely and correctly;
- familiarize passengers with safety instructions;
- carefully search all passenger accommodations of aircraft in order to find foreign objects;
- during boarding and allocation of passengers in aircraft carefully keep to centering requirements, not allow to allocate bulky things on baggage racks and any things at passages, near entrance doors and emergency exits;
- demand that passengers stay on their places with seat belts fastened during flight in a turbulence zone;
- keep self-control, confidence in their actions and self-confidence in extreme cases;
- actions of cabin crew must be firm, voice must be calm, words must be persuasive;
- before boarding of passengers into aircraft and disembarkation check a ramp to be placed correctly;
- before aircraft take-off and landing check equipment and implements to be mounted correctly and fixed securely;
- prevent passengers from walking along a cabin at climb and descent of aircraft.
8.4.6. Cradles for suckling children must be placed not earlier than in 10-15 minutes after take-off and replaced not later than 20 minutes prior to landing of aircraft.
8.4.7. A carrier shall ensure security in a cabin, proper and safe allocation of hand luggage, baggage, demountable equipment, soft implements and service means.
ІХ . Transportation of Certain Categories of Passengers
9.1. Transportation of Persons with Limited Physical Capacity or Disabled Persons
9.1.1. A passenger is obliged to determine possibility of air transport use independently prior to a travel considering state of his health. A carrier shall provide important information on flight in acceptable formats.
9.1.2. A carrier is not responsible for aggravation of passenger’s health state or other effects that a passenger can face during boarding of aircraft, flight or after completion of air and ground transportation at a territory of airport because of passenger’s age, his mental or physical state.
9.1.3. A passenger whose physical state causes concern of a carrier (seriously ill patients, patients on stretchers and others) is admitted to air transportation in case of providing appropriate health institution certificate confirming that air transportation is not contraindicative for him and in special cases confirming that his illness does not threaten people around him.
9.1.4. Transportation of seriously ill patients and patients on stretchers is made only provided that persons who will provide care for patients during flight accompany them. Patients on stretchers are transported being provided seats in aircraft that shall be paid for according to a tariff that is fixed by a carrier. Information about this can be received from a carrier, selling agent or on website of a carrier flymotorsich.com.
9.1.5. In cases when a patient cannot change stretchers for a seat, the possibility of his transportation is determined beforehand by agreement between a carrier and a person who accompanies a patient.
9.1.6. A carrier has a right to refuse to transport a patient on a stretcher in the event that there are no conditions that are necessary for transportation of such a patient in aircraft.
9.1.7. Request for necessary aid during patient’s transportation must be sent to a carrier:
- for a patient that is transported on a stretcher not later than 72 hours prior to departure of flight. A carrier shall give answer not later than 36 hours prior;
- for other physically challenged passengers not later than 48 hours prior to departure of flight. A carrier shall give answer not later than 24 hours prior inform a selling agent who has made a request as well as airports of departure, destination and transit on corresponding service rendering. If an event that causes immobilization has happened less than 24 hours prior a flight, issue concerning possibility of transportation is solved promptly using phone numbers that are allocated on carrier’s website flymotorsich.com .
9.1.8. Blind and deaf passengers accompanied by a guide dog are allocated on seats where there is enough place for a dog, not far from an emergency exit. A guide dog is transported free of charge.
9.1.9. Physically challenged passengers are allocated not far from an emergency exit and in such a way that quick evacuation of passengers from aircraft is not impeded. A carrier shall ensure that a passenger is provided with assistance in getting to a toilet if necessary.
9.1.10. Management of airports shall take measures in order for disabled persons and persons with limited physical capacity to have possibility:
- to inform on their arrival to airport and ask for help at certain points within buildings of airport terminal and out of them;
- to get from a certain point to registration counter;
- to deposit and register baggage;
- to get from registration counter to airport undergoing emigration, customs and other procedures;
- to board aircraft by means of elevators, wheelchairs or other necessary support;
- to get from aircraft door to their seats;
- to keep and take baggage at aircraft cabin;
- to get from their seats to aircraft door;
- to disembark by means of elevators, wheelchairs or other necessary support;
- to get from aircraft to baggage claim room undergoing immigration and customs procedures;
- to get from baggage claim room to a certain control point;
- in case of transfer to get to connection flight receiving aid in the air and on the ground as well as within airport terminals and between them if necessary;
- to get to a toilet if necessary;
- to receive information necessary for flights in acceptable formats;
- to make temporary replacement of damaged or lost means of conveyance on analogous basis.
9.1.11. If a disabled person or person with limited physical capacity gets assistance from a person who accompanies him, than such a person shall be allowed to provide necessary assistance at airport and during boarding and disembarkation from aircraft. A carrier shall provide a seat for such a person near a disabled person or a person with limited physical capacity if possible.
9.1.12. A carrier shall provide transportation of up to two pieces of means of conveyance per a disabled person or a person with limited physical capacity including electrical wheelchairs (provided that there is an advance notice 48 hours prior , possible limitation of space on board of aircraft and the dangerous goods laws are observed).
9.2. Children Transportation
9.2.1. Infants (INF) up to 2 years old and children (CHD) from 2 years to 12 years old are considered children on air transport.
9.2.2. Children that are up to 2 years old are transported without separate seat and children that are from 2 years to 12 years old are transported being placed on a separate seat.
9.2.3. Children can be transported both being accompanied by an adult passenger and not being accompanied provided that requirements specified in paragraphs 9.2.4. – 9.2.7. of this chapter are met.
9.2.4. Children from 5 to 14 are registered under category A Child that Is Transported not Being Accompanied in case of domestic transportation and children from 5 to 16 are registered under this category in case of international transportation
9.2. 5 . Children that travel not being accompanied are admitted to transportation after parents or guardians fill corresponding documents drawn up properly and service payment fixed by a carrier is made. Information on transportation tariffs can be received upon calling. Phone numbers can be found on carrier’s website flymotorsich.com .
9.2. 6 . Age of a child is determined as of a date of transportation from airport of departure that is indicated in a transportation document.
9.2. 7 . Each adult passenger is entitled to transport along only one infant without a separate seat. One adult passenger is allowed to transport along not more than two infants – one can be transported without separate seat and another one shall be transported on a separate seat with payment for such transportation according to a tariff that is fixed by a carrier for transportation of children from 2 to 12. Information on transportation tariffs can be received upon calling. Phone numbers can be found on carrier’s website flymotorsich.com . An infant a separate place for which has been paid for shall be transported in a special chair for children transportation that is certified for use in air transport. If a passenger does not have such a chair and does not meet specified conditions, a carrier has a right to refuse to transport an infant on a separate seat.
9.2. 8 . Passengers with children under 2 are provided with seats equipped with additional oxygen mask if it is possible for a certain type of aircraft.
9.3. Transportation of Pregnant and Parturient Women
9.3.1. Pregnant women are admitted to transportation in air transport by a carrier provided that a period of gestation amounts to not more than 35 weeks and if there is a multiple gestation, it shall amount to not more than 32 weeks provided that a state of health is satisfactory. The abovementioned must be confirmed by a certificate of medical institution concerning period of gestation and state of health that is submitted to a carrier after 28 weeks of gestation that are calculated according to expected delivery date.
9.3.2. Pregnant women, the period of gestation of which is more than 35 weeks and expected delivery date can come less than in 4 weeks shall submit a medical certificate concerning state of their health that must be issued by a medical institution not earlier than 30 days prior to transportation. Stage of gestation and confirmation of uncomplicated gestation must be indicated in a medical certificate.
A medical certificate may be needed at earlier period of gestation if a representative or agent of a carrier has a doubt concerning period of gestation or expected delivery date or if a gestation has complications.
9.3.3. A carrier refuses to transport pregnant women even having a medical certificate if delivery date is expected in a period of next 7 days.
9.3.4. Transportation of a parturient woman and newborn infants is forbidden during first 7 days counting from a birth date.
9.3.5. For transportation of children being born earlier than they should be, parents of children or accompanying adult persons are obliged to submit a medical certificate for each child that confirms possibility of transportation of a child by air transport.
9.3.6. Responsibility for credibility of submitted medical certificates concerning possibility of transportation of pregnant women and parturient women is placed on their presenters and parents of children and adult persons accompanying them.
In case of aggravation of children’ health or occurrence of other negative consequences during their air or ground transportation within airport, full responsibility is placed on mentioned adult persons.
9.3.7. If there are any doubts of service agent and/or carrier’s representative concerning possibility of safe air travel of pregnant woman a period of gestation of which exceeds 35 weeks and, in case of a multiple gestation, 32 weeks, transportation can be refused.
9.4. Transportation of Deported Passengers and Passengers Barred from Entry into Country
9.4.1. A carrier is not responsible for refusal of state bodies to grant passenger permission for country entry.
9.4.2. A passenger shall come back to a departure point or other place upon request of a carrier or state bodies connected with refusal of a destination country to admit such a passenger regardless of whether this country is a destination or transit point, and pay corresponding cost of backward transportation.
9.4.3. For payment of such transportation a carrier can use any means from amounts earlier paid for unperformed transportation by a passenger that have been left at his disposal or use any means from other passenger’s means that are at disposal of a carrier.
9.4.4. Cost of a ticket for transportation of deported persons is paid by state authority bodies of a country which has taken a decision on deportation of such persons to a country of deportation.
9.4.5. Before transportation a carrier shall be provided with all information concerning availability of potentially dangerous passengers on flight, which make a flight by enforcement. In the event that persons transported in aircraft are in custody, corresponding records must be made in flight documents.
9.4.6. A carrier has a right to refuse to transport deported persons according to paragraph 11.1. of chapter ХІ of these Rules if documents necessary for transportation lack or if there are grounds to suppose that deported persons can threaten life security and health of other passengers or do harm to flight safety.
9.4.7. It is forbidden to refuse to transport potentially dangerous passengers because of replacement or change of aircraft configuration, etc.
9.4.8. Deported persons are transported only in economical class of aircraft cabin . In case of repeat sale enhancement of service class for this category of passengers is forbidden .
9.4.9. Conveyance and aircraft boarding of passengers of these categories are performed before general boarding of passengers; disembarkation is performed after disembarkation of all other flight passengers.
9.4.10. It is forbidden to serve alcoholic beverages to these categories of passengers and to give them metal cutlery and hot nourishment.
9.4.11. Passengers of these categories are provided with seats only in tail part of aircraft passenger cabin. If possible, potentially dangerous passengers must be separated from other passengers by one or several rows of free seats.
9.4.12. Potentially dangerous passengers are not admitted to transportation according to decision of a carrier.
9.4.13. Deported persons are admitted by a carrier only to a straight transportation provided that :
- a corresponding body of state authority that makes deportation (dispatch) has informed a carrier and submitted to a carrier sufficient data on deported persons (flight number, amount of deported persons, reasons for deportation, presence of persons that have been made criminally liable among deported persons, presence of contagious patients and mentally ill patients and list of officials who accompany these deported persons) not less than 24 hours prior to flight;
- there are all necessary documents allowing to admit such persons to transportation .
9.4.14. Deported persons are accepted for transfer air transportation provided that :
- booking of transportation is confirmed for all transfer itinerary segments ;
- transfer is not connected with passage/transportation of deported persons to another terminal or airport ;
- transfer is not connected with overnight stay at transfer point, minimum time of flight connection cannot be less that it is specified for this airport and time for transportation and allocation of such persons at point of change for another flight must be considered additionally.
9.4.15. It is forbidden to separate deported families during transportation. In case of transportation of large deported families it is allowed to exceed maximum quantity of civil deported persons on one flight.
9.4.16. Persons who are in custody are admitted to transportation in the amount of not more than one person per flight and being accompanied by not less than two escorts (persons authorized by corresponding state body).
Х. Registration of Passengers and Baggage
10.1. For transportation of passengers and baggage registration a carrier or a service agent provides registration of passengers and baggage according to a contract of transportation applying automated dispatch control systems (DCS) or if necessary, undertakes manual registration of passengers.
10.2. A passenger is admitted to transportation provided that he has a ticket issued properly and a document that identifies a passenger.
10.3. Registration of passengers and baggage for flights at airport is started not later than 2 hours prior to departure time of an international flight and not later than 1.5 hour prior to departure time of a domestic flight according to a schedule.
Registration of passengers is finished not earlier than 40 minutes prior to departure time of an international flight and 30 minutes prior to departure time of a domestic flight according to a schedule . However, time of registration start can vary depending on conditions of departure airport and a contract with corresponding service company.
10.4. Passenger registration on website of a carrier starts 23 hours prior to departure time according to a schedule and finishes 2 hours prior to this time. Within the indicated period a passenger can register for flight on carrier’s website with his own hands.
Time of finishing of such registration is calculated by a passenger with an allowance for time that he needs for timely arrival with baggage to airport of departure for fulfillment of requirements of paragraph 10.3. of these Rules.
A passenger shall consider time necessary for registration of baggage, boarding and loading of baggage into aircraft, completing administrative formalities necessary before flight and fulfillment of requirements connected with customs, sanitary-and-quarantine, veterinary, phytosanitary, frontier and other types of control stipulated by effective laws of Ukraine and a destination country.
10.5. To complete formalities connected with departure procedure a passenger shall arrive at place of registration made by a carrier and a gate with documents necessary for travel not later than at time specified by a carrier (his selling agent). If a passenger arrives at a registration place and a gate after registration is finished or arrives without necessary documents for a travel, than a carrier can cancel booking and is not obliged to delay a flight.
10.6. Registration of passengers and baggage is conducted on the basis of a ticket and a document that identifies a passenger, namely:
- it is a passport of a citizen of Ukraine for citizens of Ukraine (for visit abroad and return to Ukraine it is a passport of a citizen of Ukraine for visit abroad), a child’s travel document;
- a diplomatic passport of Ukraine, a service passport of Ukraine, an identity card of a sailor, a certificate of a crewman;
- it is a passport document of a foreigner, an inhabitancy certificate, a temporary residence certificate for a foreigner and a stateless person that stay in Ukraine.
10.7. A carrier shall make a check of documents and disbar a person from a flight in the event that there are no dully completed visas for entry (transit) or documents necessary for a travel. In such a case a refusal to take a flight is considered voluntary.
10.8. During registration a passenger is provided with a boarding pass that contains his surname and name, IATA code or ICAO code of a carrier, flight number, date and time of departure, time of aircraft boarding finishing, number of a gate and number of a seat (if available) on board of aircraft.
10.9. Time of aircraft boarding finishing depends on circumstances of flight departure, is set by a carrier and communicated to passengers directly at an airport of departure. Regardless of type of passenger boarding (transportation by bus, air bridge or boarding passage, etc.) and aircraft parking area, time of aircraft boarding for passengers cannot finish earlier than 10 minutes prior to time of flight departure. If a passenger is late for aircraft boarding, a carrier has a right not to admit such a passenger to transportation and is not obliged to delay a flight. In the event that a passenger is late or does not arrive at boarding into aircraft except for cases when it happens because of a carrier or a subject of ground service, it is considered as a passenger’s refusal to take a flight.
10.10. During registration of passengers and baggage, a passenger is obliged to present all his baggage and hand luggage that are to be transported for weighting and external inspection at registration counter
10.11. A carrier or a service agent shall indicate amount and weight of baggage admitted to transportation in a baggage receipt and issue a coupon of identification baggage label for registered baggage. If a passenger has an electronic ticket, information on amount and weight of baggage are indicated in electronic format.
10.12. Special warning baggage label without number is added to identification baggage label for the indication of special conditions of transportation of registered baggage. Special baggage label without number is fixed upon things that passenger will keep in aircraft cabin during flight and that are allowed for transportation according to section XII of these Rules.
10.13. After the registration of baggage a carrier takes responsibility for the integrity of registered baggage.
10.14. According to tariff fixed by a carrier payment is collected for transportation of baggage that exceeds the rate of free transportation fixed by a carrier in paragraph 12.2.1 of section XII of these Rules. Information on such a payment must be provided by a carrier (his selling agent and/or service agent) during registration (booking). Payment for transportation of such baggage is registered by receipt on payment for excess baggage or miscellaneous charge order.
ХІ. Refusal to Transport a Passenger and Baggage for Ensuring Flight Safety
11.1. A carrier has a right to refuse to transport at any stage of transportation, cancel booking or remove a passenger from a board of aircraft if such a measure is necessary for the following:
- in connection with necessity to implement the effective laws of country of departure, arrival or transit;
- upon request of corresponding state bodies of Ukraine.
11.2. For ensuring flight safety, a carrier has a right to refuse to transport at any stage of transportation, cancel booking or remove a passenger from a board of aircraft based on his own grounded decisions if:
- mental or physical state of a person gives ground to consider that a passenger needs special help of a carrier which has not been ordered or cannot be provided by a carrier at certain circumstances, causes the discomfort of other passengers, leads to the occurrence of any risk for himself or other passengers, or property of passengers and a carrier;
- a passenger does not follow instructions of a carrier that are connected with ensuring flight safety, quality and comfort of passenger transportation; creates inconveniences for transportation of other passengers due to which a carrier cannot fulfill his obligations to passengers that are on the board of aircraft;
- a passenger behaves in such a way that causes doubts about ensuring flight safety during transportation – namely, demonstrates aggressive behavior making threats against other passengers, employees of a carrier and aircraft crew;
- a passenger refuses to undergo a check that is conducted by the safety officers of a carrier, airport or corresponding state bodies;
- a passenger can represent danger or already represents danger for other passengers (baggage, cargo) or aircraft;
- a passenger does not pay corresponding tariff or charges that must be paid;
- a passenger does not present documents necessary for a travel for check;
- a passenger tries to enter a country without effective document for entry;
- during flight, a passenger has damaged a ticket, other documents that identify him;
- a passenger has already committed one of the aforementioned acts or breaches before, and there are signs indicating that such behavior can repeat itself;
- a ticket presented by a passenger is invalid for transportation (in such a case a carrier has a right to withdraw such a ticket, declare it invalid and refuse to refund its cost) ;
- it is sold by a person that is not a carrier or his agent (in such a case a carrier has a right to withdraw this ticket, declare it invalid and refuse to refund its cost) ;
- it has been declared lost, stolen, invalid; it has a counterfeit (in such a case a carrier has a right to withdraw this ticket, declare it invalid and refuse to refund its cost); it has a flight coupon that has been sent by anyone except for a carrier (his selling agent) or damaged (in such a case a carrier has a right to withdraw this ticket, declare it invalid and issue the duplicate of a ticket);
- it has the first unused flight coupon, and a passenger starts his travel in any other place of transportation stopover according to a new tariff that is not regulated according to tariff regulations of a carrier (a carrier has a right to withdraw a ticket, declare it invalid and refund its cost according to paragraph 19.2.3. of chapter XІХ of these Rules) ;
- a person who presents a ticket cannot identify himself as a person specified in a ticket (a carrier has a right to withdraw this ticket, declare it invalid and refuse to refund its cost);
- a passenger is in a state of alcoholic or drug intoxication.
In all cases of ticket withdrawal, a carrier draws up a corresponding statement, original of which is presented to a passenger, and a carrier keeps a copy.
11.3. In the event that a passenger has been refused to take transportation or subsequent transportation for reasons specified in paragraph 11.2 of this chapter, a carrier has a right to inform a passenger in writing that he cannot transport this passenger on his flights at any time after the date of such a notification .
11.4. A passenger who has been refused to take transportation or subsequent transportation for reasons specified in paragraph 11.1 of this chapter, has a right for compulsory refund of means paid by him according to paragraphs 19.2.1. and 19.2.2. of chapter XІХ of these Rules.
11.5. A passenger who has been refused to take transportation or subsequent transportation for reasons specified in paragraph 11.2 of this chapter has a right for voluntary refund of means paid by him according to paragraphs 19.2. 3. of chapter XІХ of these Rules.
11.6. In the event of the groundless delay of a passenger connected with check conducted for ensuring safety of civil aviation, a carrier shall ensure his departure on the next flight. If a passenger refuses to take a flight because of delay connected with the procedure of such check, a carrier shall fully refund the cost of a ticket or its unused part upon the request of a passenger.
12.1. Requirements for Baggage
12.1.1. Baggage of a passenger is admitted to transportation during his registration at the airport of departure, airport of transfer, airport of stop or at other registration point .
12.1.2. Passenger’s belongings can be transported as registered baggage or unregistered baggage (hand luggage) depending on their size, weight and peculiar features.
12.1.3. Articles of baggage weighing not more than 23 kg (50 pounds) can be transported as registered baggage. The sum of the three dimensions of a separate baggage article (length, width, height) shall not exceed 158 cm (62 inches). By preliminary agreement with a carrier, articles of baggage with big sizes and weight can be admitted to transportation. Baggage that does not correspond to specified requirements shall be registered by a passenger for transportation as a cargo.
12.1.4. Information on the maximum amount and weight of baggage that is admitted to transportation by a carrier without additional payment is stated in paragraph 12.2.1. of these Rules and in the contract of transportation that is presented to a passenger.
12.1.5. A carrier is obliged to take measures for transportation of registered baggage in the same aircraft, in which a passenger is transported, and especially if the presence of a passenger is required during customs procedures for baggage according to effective laws. In the event that registered baggage is transported in the other aircraft, a carrier shall take measures for prompt delivery of baggage to a passenger at place of destination or compensation of transport expenses of a passenger connected with claim of such baggage by agreement with a passenger according to these Rules.
12.1.6. The registration of baggage is conducted by a carrier according to baggage weight concept , i.e. combination of weight and size characteristics.
12.1.7. After a carrier has admitted baggage to transportation, the responsibility for this baggage is shifted onto a carrier that is confirmed by the coupon of baggage identification label issued to a passenger and baggage receipt concerning amount and weight of articles that are admitted to transportation. Access of a passenger to registered baggage is denied from the moment of shifting responsibility for baggage onto a carrier till the moment of its claim except for cases of its identification or additional inspection made by corresponding authorized departments.
12.2. Norms of Free Baggage Transportation
12.2.1. A passenger has a right for free transportation of registered baggage within the following norms established by a carrier :
- economical class – 20 kg (44 pounds), with the size of each article not more than 158 cm according to summation of three dimensions, not including hand luggage to 5 kg (11 pounds);
- premium-class – 30 kg (66 pounds), with the size of each article not more than 158 cm according to summation of three dimensions, not including hand luggage to 5 kg (11 pounds);
- business-class - 30 kg (66 pounds), with the size of each article not more than 158 cm according to summation of three dimensions, not including hand luggage to 5 kg (11 pounds);
- for children under 2 that are transported without separate seat, norm of free baggage transportation is 10 kg (22 pounds); the size of baggage does not exceed 115 cm (45 inches) according to summation of three dimensions and following baggage weight concept . As for older children, they are subject to the same rules as adults.
12.2. 2 . A passenger has a right to transport belongings that exceed the norm of free baggage transportation free of charge. They include belongings that he keeps about himself and does not put to baggage, namely purses and men’s handbags, the file for paper, a coat or a cloak, a jacket, an umbrella or a cane, printed publications for reading during a flight, child’s food that is necessary during a flight, child’s travelling cradle (if there is a child under 1), a stroller, a folded wheelchair and/or crutches. The total weight of belongings, with the exception of wheelchair, shall not exceed 5 kg.
12.2. 3 . A carrier has a right to enlarge a list and increase the total weight of belongings that are transported free of charge being in excess according to the norm of free baggage transportation .
12.2. 4 . Norms of free baggage transportation are not applied to :
- belongings of passengers, regardless of their descriptions, outer dimensions of which do not correspond to dimensions specified in paragraph 12.2.1. of this chapter;
- belongings of passengers, regardless of their descriptions and purpose, that are not in cases, bags, boxes and the weight of one article of which is more than 23 kg;
- TV sets, tape recorders, radio receivers, the weight of one article of which is more than 10 kg;
- flowers, plant seedlings, greens, dried plants, braches of trees and bushes, the total weight of which is more than 5 kg ;
- correspondence that is carried by government couriers ;
- animals ( home or wild ), birds , bees and other living creatures with the exception of guide dog that accompanies a blind person .
12.3. Stated Value of Baggage
12.3.1. A passenger has a right to state value of his registered baggage.
12.3.2. Value is stated for each article of baggage separately. In case of statement of baggage value, a passenger shall pay tariff fixed by a carrier.
12.3.3. In order to confirm payment for transportation of baggage with stated value, a carrier or authorized selling agent shall issue a miscellaneous charges order or excess baggage payment receipt that contains indicated points, between which a passenger has stated transportation with stated value.
12.3.4. A carrier establishes conditions for admittance of baggage with stated value to transportation and fixes payment for such a service. Information on cost of such a service can be received from a carrier, his authorized agent or on the carrier’s website flymotorsich.com . In case of loss of such baggage, the liability of a carrier is limited to his stated value except for cases, when a carrier proves that a sum requested by a passenger exceeds passenger’s actual interest in baggage delivery.
12.4. Group Transportation of Baggage
12.4.1. Passengers who travel in group have a right, and a carrier is obliged to apply to these passengers the scope of the norms of free baggage transportation optionally. The group norm of free transportation is applied to passengers who are members of one family as well.
12.4.2. Unification applies only to norms of free baggage transportation. Baggage shall be registered for each passenger separately. The unification of the baggage articles of the group of passengers concerns only the compound norm of the free transportation of each passenger’s baggage. Group baggage can be registered in one person that is authorized by all passengers and enters into the composition of the group of these passengers. Transportation documents of each passenger shall contain the indicated amount of articles and weight of his baggage.
12.5. Requirements for Package of Baggage
12.5.1. Each article of baggage shall have a good package that would ensure its safety during transportation and handling and render the infliction of harm to passengers, crew, third persons, aircraft, baggage of other passengers or other property impossible, as well as render free/random access to the content of baggage impossible for unauthorized persons. Baggage that does not meet conditions of this paragraph is not admitted to transportation. The good condition and compliance of the package of baggage are determined by a carrier.
12.5.2. Baggage that has external damages which do not influence its integrity during transportation and handling and cannot inflict harm to passengers, crew, third persons, aircraft, baggage of other passengers or other property can be admitted to transportation as registered baggage by consent of a carrier. Presence and type of damage shall be specified in a baggage receipt (label) by a carrier or his service agent; it shall be confirmed by a passenger himself.
12.5.3. A carrier has a right to require from a passenger to make additional packing of baggage .
12.6. Restrictions Concerning Admittance of Belongings to Transportation as Baggage
12.6.1. Belongings that are not recommended to be included in baggage :
- goods, objects, liquid and other substances that can cause risk to passengers’ health, flight safety or the property of a carrier or other passengers during transportation, including explosive compressed gases, materials that cause corrosion, oxidizers, radioactive materials, magnets, inflammable materials, poisonous, harmful substances or irritants as well as any other objects and substances that are defined in The Technical Instructions for the Safe Transportation of Dangerous Goods by Air (ІСАО, Doc 9284-AN/905) as forbidden for transportation in passenger aircraft;
- brittle , fragile belongings and belongings that are breakable or get spoilt quickly, money, keys, jewelries, electronic equipment, photo and video equipment, goods made from precious metals and silver, technical documentation, business documents, securities, valuables, medicines, medical documents, identification documents;
- goods and objects transportation of which is forbidden by the effective laws of any country from territory of which, on territory of which or through territory of which a flight will be operated;
- goods that are not suitable for transportation due to their nature, weight, size, form or odor;
- live animals and birds except for cases stipulated in point 13.2. of chapter ХІІІ of these Rules .
12.6.2. Belongings that can be admitted to transportation as registered baggage or as cargo by the preliminary consent of a carrier: fire arms, ammunition and weapon, including antique fire arms and cold weapon, cutting and thrust objects. Such belongings shall be checked by authorized competent persons, properly packed and shall be transported with corresponding documents issued that certify a right for their export/import and transit to destination country. The proper enforcement of the aforementioned procedure is assigned to a passenger. Objects and substances that are forbidden for transportation by passengers and crew of civil aviation aircraft are determined by the aviation rules of Ukraine.
12.6.3. A passenger has a right to include his household belongings, alcoholic beverages, nonradioactive belongings of medical purpose, belongings for toilet and essential belongings, including containers with sprays of medical purpose and other belongings and substances that are allowed for transportation being in limited amount according to The Technical Instructions for the Safe Transportation of Dangerous Goods by Air (ІСАО, Doc 9284-AN/905) and in the amount that is allowed by corresponding control bodies.
12.7. Right for Refusal to Admit Baggage to Transportation
12.7.1. A carrier has a right to refuse to admit baggage as registered one if it is not properly packed into cases with locks or other suitable containers that ensure safe transportation of baggage and its handling with conventional means of baggage handling.
12.7.2. A carrier has a right to refuse to provide transportation and subsequent transportation of belongings that are defined in paragraphs 12.6.1. and 12.6.2. of this chapter in the capacity of baggage when on the basis of corresponding documents he arrives at conclusion that such belongings contain any forbidden materials or objects. A carrier is not obliged to answer for goods or objects which he refuses to admit to transport as baggage.
12.7.3. A carrier can transport belongings that are defined in paragraphs 12.6.1. and 12.6.2. of this chapter as unaccompanied baggage (cargo) if a passenger prefers it considering requirements of paragraphs 12.11.1.-12.11.3 of this chapter.
12.7.4. The registered baggage of a passenger that does not arrive at boarding into aircraft is subject to compulsory unloading out of aircraft.
12.8. Right for Inspection
12.8.1. For the purpose of flight safety and tracing of belongings defined in paragraphs 12.6.1. and 12.6.2. of this chapter, a carrier has a right to urge a passenger to undergo a safety check that is made by the aviation safety services of a carrier, airport and to present baggage for inspection as well as he has a right to inspect or to arrange inspection of baggage in the absence of a passenger. If a passenger does not want to fulfill such a requirement, a carrier can refuse to transport a passenger (baggage).
12.8.2. A carrier is not responsible for harm inflicted on a passenger or his baggage in case of detection of objects forbidden for transportation during X-ray or other scanning of objects except for the cases of negligence of a carrier.
12.9. Excess Baggage, Nonstandard and Large-size Baggage
12.9.1. Excess baggage and oversized baggage weighing more than 23 kg, but not more than 32 kg (for one article) are admitted to transportation only by carrier’s consent and provided that there is free container for transportation as well as provided that a passenger pays for transportation of such baggage except for cases when transportation of such baggage has been previously agreed with a carrier and paid.
12.9.2. In the event that there is no possibility to transport nonstandard and large-size baggage as registered baggage, a passenger shall register such baggage for transportation in the capacity of cargo beforehand.
12.9.3. Transportation of baggage the amount of which exceeds maximum unpaid amount of baggage shall be paid by a passenger. Information concerning such payment shall be provided by a carrier (his selling agent and/or service agent) during registration (booking).
12.10. Payment for Baggage that Exceeds Free Transportation Norm
12.10.1. The transportation of baggage the amount of which exceeds free transportation norm shall be paid by a passenger according to tariff for excess baggage payment that is fixed by a carrier and is effective as of a date of issuance of miscellaneous charges order or excess baggage payment receipt and date of departure according to a ticket. Such payment can be made during the issuance of a ticket or at airport before registration depending on the consent of a carrier.
12.10.2. If a passenger presents baggage in amount that is less than the preliminary paid amount for transportation at point of departure, than the difference of payment for paid and actual weight of baggage is refunded to a passenger. If a passenger presents baggage in amount that is higher than the preliminary paid amount for transportation at point of departure, than such baggage is admitted to transportation after corresponding additional payment.
12.10.3. In case of overloading of aircraft or if there is no available tonnage, a carrier has a right to send baggage by the next flight or by the flight of the other carrier. A carrier defines baggage that will be transported on the next flight by himself.
12.10.4. A carrier has a right to reject a transportation of baggage because of passenger’s nonpayment of tariffs and charges fixed by a carrier.
12.11. Unaccompanied Baggage
12.11.1. Upon request of a passenger and by consent of a carrier, baggage can be registered as unaccompanied baggage.
12.11.2. Unaccompanied baggage is admitted to transportation between the same points between which a passenger travels according to a ticket and only after customs clearance of baggage obtained by a passenger himself.
12.11.3. The transportation of unaccompanied baggage is arranged by means of an air waybill, is made according to rules for air transportation of cargo that are approved by a carrier and is paid according to cargo transportation tariffs, fixed by a carrier.
12.12. Hand Luggage
12.12.1. Belongings the weight and outer dimensions of which are fixed by a carrier in paragraph 12.12.4 of this chapter and that can be safely allocated in aircraft cabin on baggage racks or under seats are admitted as hand luggage. It is forbidden to allocate hand luggage and belongings allowed for transportation at all passages of aircraft cabin.
12.12.2. Belongings that do not meet requirements concerning size and weight of hand luggage established by a carrier or that are not allowed for transportation in aircraft passenger cabin will be regarded and handled as registered baggage.
12.12.3. Hand luggage shall not contain thrust and cutting objects:
- knives, scissors, needles, knitting needles and other sharp and cutting objects.
It is forbidden to bring to aircraft any liquids, suspensions, creams, pastes the volume of which is more than 100 ml (grams) in one bottle (tube) in hand luggage as well. The total volume of indicated substances that are packed in containers of volume up to 100 ml (grams) in hand luggage shall not exceed 1 l (kg) for one passenger. Objects and substances that are forbidden for transportation in a passenger cabin, but are allowed for transportation in baggage, are determined by the aviation regulations of Ukraine.
12.12.4. The weight of hand luggage for passengers of all service classes amounts to 5 kg (11 pounds). The maximum dimensions of hand luggage shall be 55 х 40 х 20 cm (139 х 101 х 50 inches ). Hand luggage shall constitute one article. A carrier and his service agent (agents) shall control maximum dimensions and weight of hand luggage where it is possible; “baggage receiver” (special instruction) shall serve as a criterion.
12.12.5. A passenger is responsible for hand luggage during the whole transportation .
XIІІ. Transportation of Baggage of Some Categories
13.1. Transportation of Baggage at Aircraft Cabin
13.1.1. By consent of a carrier the baggage (belongings) of a passenger that requires special preventive measures during transportation or the special conditions of handling (brittle, fragile belongings and belongings that are breakable and spoilt quickly, cinematographic, telecasting, radio, video equipment, photo cameras, items of hardware, musical instruments, electronic and optical devices, etc., can be transported in aircraft cabin.
13.1.2. Belongings that are considered to be unfit for transportation in the cargo cabin of aircraft in passenger’s judgment are admitted to transportation in a passenger cabin only by preliminary agreement with a carrier. Transportation of such belongings is paid by a passenger according to the rules of a carrier, being subject to the application of fixed tariffs and depending on amount of passenger seats necessary for their transportation. Information on the value of indicated tariffs can be received from carrier’s agent, who sells air tickets.
13.1.3. The weight of one nonstandard article of baggage that is transported in aircraft cabin shall not exceed 80 kg, and its dimensions shall not be more than the following ones: height 115 cm, length 65 cm, width 45 cm and shall allow for allocation of baggage on separate passenger seat (seats). The package of baggage that is transported in aircraft cabin shall ensure its proper fixing on passenger seat (seats) and meet sanitary norms.
13.1.4. Delivery of baggage that should be transported in aircraft cabin to aircraft, its loading, allocation in aircraft cabin, unloading and transportation within the territory of airport terminals are performed by a passenger or by corresponding services of airport upon passenger’s preliminary order and with payment of these services.
13.2. Transportation of Animals (Birds)
13.2.1. The transportation of dogs, cats, poultry and other domestic animals shall be performed provided that the permission of a carrier has been received during booking before transportation. It is obligatory that animals are allocated properly in containers/cages and have effective vaccination and health certificates, permissions for the entry of destination or transit country. Animals shall be clean, tidy and smell nice. A carrier has a right to define the mode of transportation and limit the quantity of animals that are allowed to be transported on one flight. Not more than one animal can be transported in one passenger cabin with the exception of guide dogs.
13.2.2. Transportation of animals admitted as registered baggage together with container and food shall be paid as additional service for which a passenger shall pay a corresponding tariff fixed by a carrier. Information on transportation tariffs can be received from a carrier, selling agent or on carrier’s website flymotorsich.com .
13.2.3. Working dogs (guide dogs) that help state body officials, rescue teams or blind/deaf passengers and that accompany such passengers are transported for free together with containers and their food stuff.
13.2.4. In the passenger cabin of aircraft it is allowed to transport:
- working dogs accompanied by a dog expert;
- guide dogs for blind and deaf passengers provided that animals have a collar and muzzle.
- small animals weight of which together with transportation means does not exceed 5 kg (11 pounds).
Working dog, guide dog shall be at foot of a passenger/dog specialist.
Cages of birds shall be covered with thick lightproof cloth.
13.2.5. Animals weight of which together with transportation means exceeds 5 kg are transported only in baggage and cargo compartments of aircraft (except for guide dogs).
13.2.6. In case of animal transportation, a passenger is responsible for such an animal as well as provides submission of necessary documents, stipulated by the effective laws. A carrier is not responsible for injury, loss, illness or death of such animals in the event that they are rejected to be imported into a destination or transit country unless such damage is inflicted as a result of carrier’s negligence.
13.2.7. In the event that a passenger does not fulfill conditions of paragraphs 13.2.1.-13.2.6. , a carrier has a right to take final decision concerning transportation or refusal to transport animals (birds) during the registration of passenger at his own discretion.
XIV. Aircraft Schedule
14.1. Scheduled flights are made according to aircraft schedule that is compiled by a carrier, published in ARS/GDS and allocated on carrier’s website. A carrier can issue advertising schedule for informing people optionally. A carrier that allocates data in ARS/GDS shall guarantee that allocated information or information submitted for allocation in other automated systems is true, reliable and full.
14.2. A carrier is not responsible for mistakes and oversights in aircraft schedules or other published flight schedules of other air carriers.
14.3. Entities of ground service and/or airport operators have a right to issue joint schedule of all air carriers that make flights from/to airport.
14.4. Time of flight departure and type of aircraft that are indicated in aircraft schedule and other published schedules of carrier’s flights except for departure time indicated in a ticket are not guaranteed and are not the compulsory condition of contract of transportation. A carrier has a right to change time of flight departure and shall inform a passenger on this timely.
14.5. A carrier has a right to change type of aircraft not notifying a passenger.
14.6. To the extent of this chapter, a carrier or entities of ground service (operators of airports) shall provide visual and/or acoustic information to passengers at airport that concerns:
- time of departure and landing of aircraft;
- place of registration, time of start and finish of registration for flight;
- place of aircraft boarding, time of start and finish of aircraft boarding;
- delay or cancellation of flight, and reason for flight delay (cancellation).
XV. Flight Delay and Cancellation
15.1. A carrier can delay or cancel a flight both for commercial reasons and for reasons that do not depend on him .
15.2. A carrier shall take all necessary measures to prevent delay in transportation of passengers and baggage.
15.3. In case of emergencies, a carrier has a right to cancel or delay a flight or cancel booking confirmed previously without notification of a passenger. In other cases a carrier or his selling agent is obliged to notify a passenger about delay or cancellation of flight not later than three hours prior to start of registration.
15.4. In case of flight delay, a carrier is obliged to inform passengers on tentative time of flight delay and expected time of its departure by means available at airport of departure each 30 minutes by himself or through the subject of ground service (operator of airport).
15.5. If delay exceeds reasonable terms or a flight is cancelled, a carrier shall inform civil aviation authorized body on reasons of delay (cancellation) of flight and service that has been rendered to passengers during such a delay or flight cancellation not later than in 12 hours after departure of delayed flight or adoption of decision on flight cancellation.
XVI. Rights of Passengers in Case of Refusal to Transport, Cancellation or Delay of Flights
16.1. Procedure of Compensation
16.1.1. Provisions of this chapter are applied to passengers (scheduled and charter flights) that are refused to be transported against their will or flight of which is cancelled or delayed provided that a passenger has confirmed booking for a corresponding flight and he is present for registration at time that is stipulated by these Rules and indicated in written form (including electronic means), or if registration time is not indicated, not later than 45 minutes prior to specified departure time, or has booking for a flight that is delayed/suspended and appointed by a carrier or freighter of aircraft (tour operator) for another flight regardless of reasons.
16.1.2. Provisions of this chapter are not applied to passengers that travel for free or for decreased cost that is not available for other passengers directly or indirectly, but these provisions shall be applied to passengers that receive tickets according to program of a carrier for passengers that take flights frequently (loyalty program).
16.1.3. In the event that a carrier pays compensation or provides services stipulated by this chapter, none of provisions of these Rules can be interpreted as a provision that restricts his right to claim compensation by way of recourse from any person including third persons particularly according to requirements for reimbursement by tourist operator or other person with which a carrier has concluded a treaty.
Accordingly, none of provisions of these Rules can be interpreted as a provision that restricts the rights of tourist operator or third persons other than a passenger with which a carrier has concluded a treaty to claim reimbursement or compensation from a carrier according to legislation.
16.2. Compensation Addressed to Passengers in Case of Refusal to Transport
16.2.1. In the event that a carrier anticipates a motivated refusal that is addressed to passengers and concerns boarding for a flight, he is obliged to find volunteers who are ready to decline their confirmed booking in return for fee agreed between a passenger who declines flight voluntarily and a carrier.
16.2.2. Apart from fee payment, a carrier is obliged to offer a carrier at choice:
- the refund of transportation cost during seven days that shall be paid in cash, by electronic bank transfer, banker instructions or bank cheques or in the form of travel cheques and/or other services provided that there is consent of a passenger certified in writing, the full cost of a ticket at the price of its purchase, for unused part or parts of a ticket if a flight does not satisfy passenger’s needs any more, as well as to ensure back flight to an initial point of departure at the first opportunity if necessary;
- or change of itinerary that shall be made at suitable transport conditions: to end point of destination it is made at the first opportunity, to end point it is made later at passenger’s request and if there are free seats.
16.2.3. The transportation of a passenger from airport where a refusal to transport takes place to airport from which the alternative itinerary offered by a carrier begins and from airport of alternative landing to airport where a passenger has to arrive on the flight for which he has got a refusal is made at the expense of a carrier.
16.2.4. If there are no passengers who are ready to decline travel on this flight voluntarily or their amount is insufficient, a carrier has a right to refuse to transport a passenger against his will.
16.2.5. If passengers get refusal concerning their transportation against their will, a carrier shall pay them compensation in the following amounts:
- 250 euros for flights with range up to 1,500 kilometers;
- 400 euros for flights with range from 1,500 to 3,500 kilometers;
- 600 euros for flights with range more than 3,500 kilometers.
While determining distance the last point at which a refusal to transport or non-fulfillment of flight that has been previously planned and for which at least one seat is booked causes delay of passengers’ arrival at planned time is taken as basis .
16.2.6. A carrier has a right to decrease the amount of compensation indicated in paragraph 16.2.5. by 50% if arrival time of alternative flights that are offered to a passenger for substitution of itinerary of transportation to his point of destination does not exceed the planned one for:
- two hours for flights with range up to 1,500 kilometers; or
- three hours for flights with range from 1,500 to 3,500 kilometers; or
- four hours for flights that are not indicated in second and third paragraphs of this item where distance indicated in this subparagraph is measured according to the method of orthodromic distance of itinerary
16.2.7. The payment of compensation does not exempt a carrier from obligation to offer a passenger services and reimbursement of expenses that are specified in paragraph 16.2.2. and in paragraph 16.3.5. of this chapter at choice.
16.3. Compensation Addressed to Passengers in Case of Flight Cancellation
16.3.1. In case of flight cancellation service shall be offered to passengers according to paragraph 16.2.2. of this chapter and compensation shall be offered according to paragraphs 16.2.5. and 16.2.6. of this chapter. A passenger has a right for compensation if he has not been informed on flight cancellation:
- two weeks prior to planned time of departure; or
- during period of not more than two weeks prior and not less than seven days prior to planned time of departure, and has received offer concerning change of itinerary that gives the opportunity to leave departure point not later than two hours prior to the planned time of departure and to arrive at end point of destination not later than four hours after the planned time of arrival; or
- less than seven days prior to planned time of departure, and has received offer concerning change of itinerary that gives the opportunity to leave departure point not later than one hour prior to the planned time of departure and to arrive at end point of destination not later than two hours after the planned time of arrival.
16.3.2. Cancelling or delaying a flight, a carrier shall provide passengers with explanations concerning grounds of cancellation or delay of flight upon their request. If it is necessary to ensure timely change of connection flights for transfer passengers, a carrier has to offer them alternative transportation itineraries at the first opportunity .
16.3.3. A carrier is not obliged to pay compensation according to paragraphs 16.2.5. and 16.2.6 of this chapter if he can confirm that the reason for flight cancellation is impact of force-majeure or irresistible force that cannot be prevented even if all measures are taken.
16.3.4. The proof of facts of informing a passenger on rules and conditions of transportation, flight seat booking procedure, tariffs, prices (charges), schedule and due dates of flight is laid upon a carrier, his selling agent, tourist operator and other authorized organizations, etc., at place of a contract of air transportation.
16.3.5. In the event that a carrier cancels a flight and a passenger continues his travel on another flight (flights) or along another route, the following shall be offered and provided to passengers for free:
- nourishment and fresheners according to time of waiting for a new flight ;
- hotel accommodations in cases when passengers have to wait for departure during one or more nights or if supplementary time of passengers’ waiting for departure is more that it is foreseen;
- ground transfer along the route airport-hotel-airport;
- two phone calls or telex, fax messages or e-mail messages if there are technical conditions of airport for this.
16.3.6. A carrier shall pay special attention to the needs of passengers with limited physical capacity (the disabled) and persons who accompany them as well as to the needs of children not accompanied by adults.
16.4. Compensation Addressed to Passengers in Case of Flight Delay
16.4.1. A carrier shall provide passengers with nourishment and fresheners according to norms established for them, with possibility to make two free phone calls or send telex, fax messages or e-mail messages if there are technical conditions for this and a flight is delay for a term:
- two hours or more over and above the scheduled time of departure of flight the range of which is up to 1,500 kilometers;
- three hours or more over and above the scheduled time of departure of flight the range of which is from 1,500 to 3,500 kilometers;
- four hours or more over and above the scheduled time of departure of flight for all other flights not specified in the second and third paragraphs of this item.
If delayed flight is suspended until the day that is next to the day of flight which is scheduled and indicated in a ticket, a carrier shall provide passengers with hotel accommodations, nourishment and shall provide transfer along the route airport-hotel-airport.
16.4.2. If the delay of flight exceeds five hours, service that corresponds to paragraph 16.2.2. of this chapter shall be offered to passengers.
16.5. Compensation Addressed to Passengers for Change of Service Class
16.5.1. A carrier does not have a right to demand any additional payment if he allocates a passenger in a class that is higher than the class indicated in his ticket.
16.5.2. If a carrier allocates a passenger in the class that is lower than the class indicated in his ticket, he shall reimburse a passenger during seven days:
- 30% from applied tariff for all flight with range up to 1,500 kilometers; or
- 50% from applied tariff for all flight with range from 1,500 to 3,500 kilometers; or
- 75% from applied tariff for all other flights not indicated in the second and third paragraphs of this item.
16.5.3. Compensation for allocation of a passenger in the class that is lower than the class indicated in a ticket is calculated for a segment in which the decrease of service class occurs by method of pro rata distribution.
XVII. Compensation for Delay of Baggage Transportation
17.1. Compensation for delay of baggage transportation is fixed on the basis of necessity to provide a passenger with essential means.
In any case, such compensation is limited to 50 US dollars (or equivalent in other currency).
17.2. Compensation is offered to a passenger if baggage does not arrive at destination point together with a passenger unless destination point is the place of passenger’s inhabitancy.
ХVIII. Obligations of Carrier Concerning Information of Passengers on Their Rights
18.1. During registration a carrier shall provide passengers with legible and clearly visible information of the following content: “If you receive refusal concerning your transportation or your flight is cancelled or delayed not less than for two hours, at registration counter or exit point request a written notification that specifies your rights particularly concerning obtainment of compensation and assistance.”
18.2. The carrier that refuses to transport or cancels a flight shall provide each concerned passenger with written notification that states rules of compensation and assistance that are provided to passengers. A carrier shall provide the same notification to a passenger whose flight is delayed at least for two hours. Contact information for sending requests concerning violation of passengers’ rights to compensation or assistance shall be provided in the written form as well.
18.3. The corresponding alternative informative means shall be used at airport of departure/arrival for information of the deaf and visually impaired persons and persons with other fundamental defects that hamper or render their independent familiarization with visual or audial information impossible.
XIХ. Refund of Means
19.1. General Procedure of Means Refund
19.1.1. The refund of means for unused ticket (for its part) is made at the place of ticket acquisition or at the main office of a carrier (office of selling transportations of a carrier) and in such a currency that has been used for the payment of a ticket. A carrier in Ukraine makes the refund of means in the national currency of Ukraine. Representative offices of a carrier make the refund of means according to the effective laws of host country. In the event that a payment has been made by electronic means of fund transfer (by bank card), means are refunded to the payment card that has been used for ticket payment.
19.1.2. Amount of sums that are refunded for unused ticket (its part) depends on used tariff and tariff norms of a carrier and type of refusal to transport (voluntary or compulsory).
19.1.3. Refund of means is made on the basis of unused (partly unused) transportation document, miscellaneous charge order, receipt of payment for excess baggage.
19.1.4. Refund of means is made:
- to the person who is indicated in a ticket if transportation is paid by cash or bank transfer;
- on the account of juridical person if payment is made on account;
- on the account of the owner of the credit card by which a transportation is paid;
- to a sponsor who has paid for transportation if a ticket is issued according to the Prepaid Ticket Advice (РТА). Refund of means is made provided that the identifying documents and documents that confirm the right to receive sums of money specified in paragraph 19.1.3. are submitted.
19.1.5. The refund of means is made on day of the termination of contract of transportation (submission of tickets to ticket office at place of their issuance, passenger’s information addressed to a carrier and concerning a wish to get back means for unrealized transportation that is registered by electronic ticket), and in the event that it is not possible to refund means on day of the termination of contract of transportation, the refund of means is made within other time limit by agreement of parties, but not later than during seven days.
19.2. Refund of Means
19.2.1. Compulsory refund of means or repeated booking without penalty provisions applied is made in the following cases:
- cancellation, postponement, delay of flight for which a passenger has booked seat and issued ticket;
- incorrect issuance of transportation documents;
- change of service class or type of aircraft;
- when it is not possible to provide a passenger with a seat according to booking ;
- when a carrier does not ensure connection with a flight for which a passenger has confirmed booking and which is indicated in the same ticket where a previous flight is indicated;
- refusal to transport because of passenger’s non-payment of tariff or charges (prices) in case of change of tariffs or rules of their application in comparison with those that are effective on day of passenger’s department from the initial airport indicated in a ticket;
- if a carrier uses a right to reject transportation for reasons that are stated in paragraphs 11.1. and 11.6. of chapter ХІ of these Rules;
- illness of a passenger or members of his family that travel with him if there is health protection organization certificate that is duly issued;
- if a passenger declines transportation or a carrier refuses to transport a passenger through the fault of a carrier. In the event that a passenger is late for a flight for which he has confirmed booking because of late arrival of the previous flight in case of registration of transportation by separate transportation documents, repeated booking for another flight is made without penalty provisions.
19.2.2. In case of compulsory refund, the sum that is refunded to a passenger shall be equal to:
- if none of ticket parts has been used, it shall be equal to a sum of full cost of a ticket at the price of its purchase;
- if any part of a ticket has been used, it shall be equal to a sum that is equal to a tariff for the unused part of transportation in one direction and for unused airport charges (prices) and unused charges (prices) of a carrier from a place where a refusal to transport occurs to a destination place.
Apart from the abovementioned, a carrier shall keep to the rules of refund that are stated in paragraphs 16.3.1.-16.3.6. of chapter ХVІ of these Rules.
19.2.3. In case of voluntary refund of means, i.e. if a passenger wants to get back a sum paid for a ticket and such refund is allowed according to rules of tariff application, than such a sum is calculated according to tariff norms of a carrier. Moreover, the sum of all unused airport charges (prices) and charges (prices) of a carrier is refunded to a passenger.
19.3. Right to Refuse to Refund
19.3.1. A carrier has a right to refuse to refund means if:
- the application for this has been submitted by a passenger after expiry of a ticket that is defined in paragraphs 4.4.1.-4.4.7. of chapter ІV of these Rules as well as in other cases stipulated by these Rules;
- a ticket has been purchased according to special tariff, and rules of its application do not provide for refund of sums (in the event that a passenger purchases a ticket according to such special tariff, he shall be informed by a carrier (his selling agent) about this at booking, and corresponding note shall be made in a ticket).
19.3.2. In the event that a ticket is lost, refund of means is made by:
- airline-owner of form (“contractual carrier”) if a ticket has been issued according to interline-agreement;
- airline-actual carrier if a ticket has been issued on the form of an airline that operates a flight.
The refund of means can be made if lost ticket (or its part) has not been used or changed and no refund of means has been made according to it.
19.3.3. A carrier has a right to collect a penalty (charge) that is fixed by a carrier for such cases from the sum of means that are refunded.
19.3.4. Means according to ticket duplicate and lost ticket are refunded by claims and/or juridically. Similar rules are established for refund of means in connection with loss of miscellaneous charge order, receipt of payment for excess baggage.
19.3.5. Refusal to refund means to a passenger does not deprive a passenger of a right to file a claim against a carrier or bring a case before a court.
XХ. Behavior on Board of Aircraft
20.1. The behavior of a passenger on board of aircraft shall be such that does not constitute danger and threaten other persons, belongings, aircraft or its crew according to these Rules. A passenger has no right to disturb crew during fulfillment of its duties and shall follow the instructions of aircraft commander and crew that concern ensuring security of flight, aircraft and safe, effective and comfortable flight of passengers. A passenger shall decline behavior that can cause or causes protest of other passengers.
20.2. In order to ensure flight safety, a carrier has the right to ban or restrict the use of electronic equipment, mobile phones, portable computers, portable tape recorders, portable radio receivers, CD-players, transmitting devices including toys with radio control, portable transmitters, etc. (with the exception of apparatuses of induced hearing and heart electric cardiostimulators) on board of aircraft .
20.3. On board of aircraft a passenger has no right to be in a state of alcoholic or drug intoxication or under the impact of any other substance that can cause danger or constitute danger for other passengers, belongings, aircraft or its crew. Drinking of any alcoholic beverages on board of aircraft is allowed only in the amount that is offered by a carrier.
20.4. It is forbidden to smoke on board of aircraft regardless of flight range. In some cases a carrier can give his consent to smoking on board of aircraft at places that are specially equipped for this.
20.5. If a passenger does not follow provisions of paragraphs 20.2-20.4 of this chapter, a carrier has the right to take such measures that will be required by a situation and that will be considered necessary for prevention of such behavior by a carrier. Such measures can include restrictions of passenger’s walking across aircraft, disembarkation of a passenger, refusal to admit to boarding aircraft at any point of itinerary and transfer of passenger to local state bodies for corresponding corrective actions to be taken.
20.6. If a passenger does not follow provisions of this chapter or acts in another way not fulfilling provisions of these Rules, a carrier has a right to reject further transportation of a passenger and apply administrative and civil legal corrective measures (bring to administrative responsibility, take legal action concerning indemnification of losses). A carrier has a right to keep established order and apply measures of restrain to offenders on board of aircraft according to provisions of articles 90, 91 of the Air Code of Ukraine. Corresponding procedures concerning implementation of measures of restrain are developed by every air carrier .
20.7. If a carrier has to do certain acts that are caused by the forbidden behavior of a passenger and involve additional expenditures, a passenger is obliged to indemnify a carrier for such expenditures according to the effective laws.
XХI. Agreements of Air Carriers
21.1. These Rules are applied to transportations that are made according to commercial agreements between air carriers (known as Code Sharing Agreements, Interline Agreements) even if a carrier other than a carrier who actually makes transportation is defined in a ticket. If there is any such agreement, than during booking of transportation a carrier (his selling agent) shall provide a passenger with information about a carrier who is a contractual carrier and a carrier who actually makes transportation. During passenger’s registration for flight this information is provided by actual carrier or his authorized service agent at airport of departure.
21.2. If a passenger has concluded the contract of air transportation with rendering additional paid services, than a carrier is responsible for non-rendering such services to a passenger to the extent that is limited by the amount of sum paid for not rendered services.
21.3. A carrier is not responsible for transportation (carrying) of baggage that is provided by third persons which a carrier has not concluded commercial agreements with. If a carrier provides for and conducts operations for transportation (carrying) of passengers’ baggage by himself, than these Rules are applied to such services as well. Baggage transportation (carrying) services that are provided by a carrier in addition are paid by a passenger.
XХII. Successive Air Carriers
22.1. Transportation that will be made by several successive air carriers is considered a single transportation if air carriers have considered such an operation to be single transportation from the beginning of transportation and such transportation has been registered by compound ticket.
22.2. In case of single transportations each air carrier who admits passengers and baggage (cargo) to transportation comes within the Rules of MIU and is considered to be one of the parties of transportation contract since such a contract concerns the part of transportation that is done under control of certain carrier.
22.3. Air carrier who issues a ticket or the first air carrier indicated in a ticket or in compound ticket is not responsible for shortcomings of transportation that have taken place at the section (sections) of transportation of other air carrier (air carriers) including delay of transportation of a passenger or baggage.
22.4. In case of destruction, loss, damage of baggage, baggage transportation delay, a passenger has a right to bring an action against the first or the last air carrier as well as against air carrier who has made transportation during which destruction, loss, damage, transportation delay have happened.
22.5. If it is impossible to determine air carrier who has made transportation during which destruction, loss, damage, transportation delay have happened, than air carriers who have taken part in transportation will be responsible all together or each one separately to a passenger according to the level of fault of each of them.
XХIII. Combined Transportations
23.1. The period of time of air transportation does not include any transportations by ground, sea (river) transport that have been made outside of airport zone. But if such transportation has been made for fulfillment of the contract of transportation for the purpose of boarding, disembarkation, loading, release, repeated loading, any damage is considered the consequence of event that has taken place at the period of time of air transportation until the opposite is proven. If a carrier fully or partially substitutes transportation that shall be made by air transport according to a contract for transportation by any other transport without the consent of a passenger, such transportation by other transport is considered a transportation that is made at the period of time of air transportation.
23.2. In case of combined transportations that are made partially by air transport and partially by any other transport, provisions of these Rules with regard to paragraph 23.1. will be applied only to air transportation.
23.3. In case of combined transportations any of these Rules does not prevent parties from enclosure of provisions that concern transportations by other transport into a ticket provided that the provisions of these Rules will be applied only to air transportations.
23.4. Transportation by other transport with regard to paragraph 23.1. of this chapter will be offered by a carrier who will be only in the capacity of agent of such other carrier even if such transportation is indicated under carrier’s code in a ticket. The liability of carrier for any improper transportation of passenger, destruction, loss of baggage, baggage transportation delay that happen at the period of transportation by such other transport will be limited to the sum paid by a passenger for such transportation.
XХIV. Air Transportation that is Made not by Contractual Carrier
24.1. Provisions of this chapter are applied when a person (hereinafter referred to as contractual carrier) as the main party concludes the contract of transportation with a passenger or a person who acts on behalf of a passenger, and another person (hereinafter referred to as actual carrier) as authorized contractual carrier makes full transportation or its part but he is not a successive air carrier concerning such a part within the meaning of chapter XXIІ of these Rules.
24.2. In case of transportations stipulated by paragraph 24.1. of this chapter, contractual carrier comes within these Rules relative to the whole transportation, and actual carrier comes within these Rules only relative to that transportation which he is making.
24.3. The scope of liability of actual carrier and contractual carrier is limited by norms established by the Rules of MIU and these Rules.
XХV. Charter Transportations
25.1. Charter flight operations are regulated by the corresponding aviation regulations of Ukraine. Concluding charter flight operation agreement with a ordering customer, a carrier who operates charter flights shall provide for rendering services and reimbursement that are stipulated by these Rules. Tickets for charter flights are invalid until the cost of charter flight operation is paid to a carrier who actually operates a flight. Refund of sums and confirmation of booking are made according to terms of agreement concluded between a carrier and the ordering customer of a flight.
25.2. Tickets for charter flights are valid only for transportations as of dates and on flights that are indicated in tickets. Depending on availability of free seats the ordering customer of charter flight can change dates of flight departure and return provided that such changes are agreed with ordering customer (tourist operator – contractual carrier), with passengers and actual carrier (flight operator).
25.3. Tickets for charter flights provide for limitations (or elimination) of passenger’s right to change or cancel booking. Tickets for charter flights according to which tourist travel with payment of all services has been paid (flight in forward and back directions, transfer, hotel accommodation, nourishment) can provide for additional conditions and limitations established by a carrier according to travel agreement that includes all limitations.
25.4. Charter transportation does not come within provisions specified in paragraphs 4.4.1.-4.4.7., 4.5.1.-4.5.3. of chapter IV , chapters V, VI, paragraphs 7.1.1.-7.1.7., 7.4.1.-7.4.3. of chapter VII , chapter ХIХ of these Rules.
ХХVІ. Administrative Formalities
26.1. Travel Documents
26.1.1. A passenger is responsible for obtaining of all documents necessary for travel: visas, permissions, certificates, etc., as well as for observing all applied laws of country of departure, arrival and transit that concern departure, entry and transit.
A carrier is not liable to a passenger for consequences of passenger’s non-obtaining of such documents or non-observing such applied laws.
26.1.2. Upon request of a carrier a passenger shall present all documents for departure, entry and transit, documents concerning state of health and other documents that are required by applied laws to carrier’s authorized persons, representatives of corresponding state bodies and allow a carrier to make and keep their copies or in any other way keep data that are contained in corresponding documents. A carrier has a right to reject transportation of a passenger who has not observed applied laws or whose documents are not properly issued.
26.2. Denial of Entry of Country
26.2.1. A carrier is not responsible for denial of the entry of country received by a passenger.
26.2.2. Upon request of a carrier or state bodies a passenger shall pay corresponding tariff for back transportation if he is required to come back to the place of departure or other place in connection with denial of destination country to admit such a passenger regardless of whether this country is a destination place or transit country. For payment of such transportation a carrier can use means from any means that have been previously paid by a passenger to a carrier and are left for unused transportation at disposal of a carrier or any other means of passenger that are at disposal of a carrier.
26.2.3. A carrier has a right not to refund sums paid by a passenger for completed transportation to a place where a passenger has been denied entry, to a deportation place.
26.3. Passenger’s Liability
26.3.1. If a carrier is required to pay or deposit any sum, pay fine or provide financial guarantee in connection with passenger’s non-observance of requirements of applied laws or non-submission of necessary documents for travel or submission of fabricated documents or documents that contain untrue information, than a passenger shall reimburse a carrier paid or deposited sum and other expenditures connected with this upon request of a carrier.
26.3.2. For defrayment of such expenditures a carrier has a right to use any means that have been previously paid by a passenger to a carrier and are left for unused transportation at disposal of a carrier or any other means of passenger that are at disposal of a carrier, or can reject transportation if a passenger does not reimburse a carrier for such expenditures.
26.4. Customs Control, Safety Control, Passport Control and Other Types of Control
26.4.1. During international transportations passengers, their registered baggage and hand luggage pass compulsory safety control and passport control as well as other types of control upon request of customs and other authorized bodies.
26.4.2. During domestic transportations passengers, their registered baggage and hand luggage pass compulsory safety control and other types of control upon request of other authorized bodies.
XХVII. Liability of Carrier and Amount of Compensation for Inflicted Damage
27.1. Death and Physical Harm of Passengers . Damage of Baggage
27.1.1. A carrier is responsible for damage that has caused death and physical harm of a passenger only provided that the event that has caused death or harms has taken place on board of aircraft or during boarding or disembarkation of a passenger.
27.1.2. A carrier is responsible for damage inflicted in case of destruction, loss or damage of registered baggage only provided that the event that has caused destruction, loss or damage of baggage has taken place on board of aircraft or when a carrier has been responsible for keeping of registered baggage, but a carrier is not responsible for damage of baggage caused by its defect, properties or faults.
Concerning nonregistered baggage including personal belongings of a passenger, a carrier is responsible if damage has been caused through his fault or through the fault of his employees or service agents.
27.1.3. If a carrier admits the loss of registered baggage or if registered baggage does not arrive during 21 days from the date on which it shall arrive, a passenger can place demands that follow from transportation contract.
27.2. Liability of Carrier for Damage Resulted from Delay in Transportation
27.2.1. A carrier is responsible for damage resulted from delay in air transportation of passengers and baggage, but a carrier is not responsible for damage resulted from delay if he proves that he, his employees and agents (selling and/or service agents) have taken all possible measures in order to avoid damage or that he (they) does not have (do not have) possibility to take such measures.
27.2.2. In any case the liability of carrier for improper transportation is limited by actual damages proved by passengers.
27.3. Release from Liability
27.3.1. If a carrier proves that damage has been inflicted or caused by negligence, illegal act or inactivity of a person that claims damages or a person from which his rights originate, a carrier will be released from liability to a person that claims damages fully or partially to the extent to which such negligence, illegal act or inactivity have inflicted or caused damage.
27.3.2. If reimbursement in connection with death or physical harm which a passenger has been subject to is claimed by a person other than a passenger, a carrier will be released from liability fully or partially as well to the extent to which he proves that negligence, illegal act or inactivity of this passenger have inflicted or caused damage.
27.4. Compensation in Case of Death or Physical Harm of Passengers
27.4.1. A carrier cannot eliminate or limit his responsibility for damage that has caused death or physical harm of a passenger under the conditions specified in paragraphs 27.1.1.-27.1.3. of this chapter by the sum in the amount of 113100 SDR for each passenger.
27.4.2. A carrier is not responsible for damage that has caused death or physical harm of a passenger and sum of which exceeds amount specified in paragraph 27.4.1. under the conditions specified in paragraphs 27.1.1.-27.1.3. of this chapter if a carrier proves that:
- such damage has not been inflicted by negligence, other illegal act or inactivity of carrier, his employees or service agents;
- or such damage has been inflicted by negligence, other illegal act or inactivity of a third party.
27.4.3. A carrier shall make advance payment that shall not be less than 16 000 SDR immediately or in any case not later than during fifteen days after identification of natural person who has a right to obtain compensation.
27.4.4. During the issuance of a ticket a carrier shall provide a passenger with main written provisions that regulate liability of a carrier to a passenger and for his baggage. Moreover, a carrier is obliged to provide a passenger with written notification on applied limitations of carrier’s responsibility concerning a passenger and baggage.
27.5. Limits of Responsibility for Damage Inflicted in the Result of Delay
27.5.1. The responsibility of a carrier for damage inflicted in the result of delay during transportation of passengers of any flights is limited by sum of 4 694 SDR relative to each passenger.
27.5.2. In case of destruction, loss, damage or delay in transportation of baggage, the responsibility of a carrier is limited by sum of 1 131 SDR (for one minimum norm of free baggage transportation established by civil aviation authorized body) relative to each passenger. A carrier is not responsible for damage inflicted in the result of delay if he proves that he, his employees and service agents have taken all measures that may have been necessary to avoid damage or that it has been impossible for him (them) to take such measures.
27.5.3. In case of transportation of baggage with stated value, the responsibility of a carrier is determined by the sum of the stated value of baggage .
27.5.4. Provisions specified in paragraphs 27.5.1.-27.5.3. are not applied if it is proven that damage results from act or inactivity of a carrier, his employees or service agents that has taken place with intent to inflict damage or results from criminal negligence and with awareness of possibility of damage infliction in the result of such acts provided that in case of such act or inactivity of employee or service agent it will be proven as well that this employee or service agent has acted within his duties.
27.5.5. Limits of responsibility established by paragraphs 27.4.1.-27.4.4. and 27.5.1.-27.5.4. of this chapter do not prevent court from making additional decision according to applicable laws on reimbursement of all or part of court costs and other costs connected with court hearing and incurred by claimant including rates except for cases when a sum imposed in the order of indemnification except for court costs and costs connected with court hearing does not exceed a sum which a carrier offers a claimant in written form during six months from the date of damage or before court hearing if this date is later one.
27.6. Conversion of Currency Units
In this chapter sums indicated in special drawing rights are treated as those that concern special drawing rights as they are determined by IMF. Conversion of such sums into national currency in case of court hearings or examination of passengers’ claims is undertaken according to special drawing right equivalent of currency value as of date of court decision or decision made by a carrier according to passenger’s claim.
ХХVIII. Claims and Suits
28.1. General Provisions Concerning Procedure of Presentation of Claims and Commencement of Suits
28.1.1. Any suit concerning responsibility of a carrier for damage inflicted at transportation can be commenced according to conditions and limits of responsibility that are stipulated in the Montreal Convention and effective laws of Ukraine without detriment to determination of circle of persons that have a right to suit and to their corresponding rights.
28.1.2. Total sum of indemnification that can be received from actual carrier who has made transportation, contractual carrier and his employees and selling and/or service agents who have acted within their duties cannot exceed maximum indemnification that can be received from contractual carrier or actual carrier on the basis of the rules of MIU; none of the abovementioned parties shall be responsible to the extent that is more than limit of indemnification that is applied to this person.
28.1.3. If a suit has been presented to the employee of a carrier or carrier’s agent (selling and/or service agent) in connection with damage that is at issue in these Rules, provided that such an employee or carrier’s agent (selling and/or service agent) proves that he has acted within his duties, he has a right to make reference to conditions and limits of indemnification which a carrier himself has a right to make reference to.
28.1.4. A carrier is obliged to consider a claim and inform a claimant on its satisfaction or rejection providing grounded reasons during three months of the date of its receipt if transportation in connection with which a claim has been presented has been fully made by one carrier. If other air carriers have taken part in such transportation, the term of the consideration of claim can be extended up to six months with regard to effective rules of settlement of claims by such air carrier.
28.1.5. Claims are considered in the order established by a carrier. Having a claim, a carrier depending on its complicity and sufficiency of documents that accompany a claim and the absence of which renders the consideration of a claim according to nature of requirements impossible sends notification-request to a claimant during 15 days from the date of registration of a claim. This notification-request informs a claimant on the receipt of a claim, submission of additional documents if necessary and terms of the consideration of claim after receipt of lacking documents.
28.1.6. In case of death of responsible person, according to conditions of this chapter indemnification suit is commenced against legal successors that represent such a person or dispose of his property.
28.1.7. Any liability suit that concerns transportation which is made by actual carrier can be commenced against this carrier or contractual carrier or both together or separately at claimant’s option. If a suit is commenced only against one of these air carriers, he has a right to initiate involvement of another air carrier into court hearing.
28.1.8. In the event that a carrier pays compensation or provides services that are stipulated by these Rules, none of the provisions of this chapter in any way regulates the issue concerning the fact whether a person who is responsible for damage according to provisions of these Rules has a right of recourse that relates to any other person.
28.2. Procedure of Presentation of Claims and Commencement of Suits Concerning Improper Transportation of Passenger
28.2.1. If a claim is presented for indemnification of damage inflicted in the result of delay in transportation of passenger, the sum of compensation is limited by sum that is specified in paragraph 27.5.1. of chapter ХХVІІ of these Rules. Sum of claim shall be proved by interested person.
28.2.2. At claimant’s option suits concerning the liability of carrier for improper transportation of passenger shall be commenced to court at place of carrier’s registration, at location of his main office or at location of carrier’s office where a transportation contract has been concluded within the time limit from date of arrival at destination place or from date on which aircraft must have arrived at destination place or from date when transportation has stopped according to effective laws. Suits concerning the liability of carrier for improper transportation of passenger can be commenced within terms established by effective laws without preliminary presentation of a claim to carrier.
28.2.3. Suit concerning liability for damage inflicted in the result of death or physical harm of a passenger can be filed to corresponding court at the territory of participating state which has joined the Montreal Convention and which is the main and permanent place of residence of a passenger at the time of event and in/out of which a carrier provides services connected with air transportation of passengers in own aircraft or aircraft of other air carrier according to commercial agreement and in which this air carrier undertakes activities connected with air transportation of passengers using premises rented by a carrier himself or by other air carrier whom he has a commercial agreement with or belonging to him or to such other air carrier.
28.2.4. The right for indemnification is lost if liability suit is not filed within terms starting from the date of arrival at destination place or from the date on which aircraft must have arrived or from date of transportation stop according to the Montreal Convention and effective laws of Ukraine.
28.3. Procedure of Presentation of Claims and Commencement of Suits Concerning Improper Transportation of Baggage
28.3.1. The receipt of registered baggage by a person who has a right to its receipt without presentation of claims means that baggage has been delivered in proper condition and in compliance with transportation document or record that is kept by other means of information keeping unless the opposite is proven. A passenger shall certify the opposite by issuance of Property Irregularity Report before leaving baggage area of airport.
28.3.2. In case of improper transportation of registered baggage, a passenger shall send a claim to a carrier immediately after damage detection (loss of part of baggage contents) and during seven calendar days from the date of receipt of registered baggage. In case of delay in transportation of baggage, a claim shall be presented during 21 calendar days from the date on which a baggage is handed at disposal of a passenger.
28.3.3. Claims concerning loss of baggage are presented to a carrier after baggage is recognized as lost. Baggage is considered lost if it has not been discovered in the result of search during 21 calendar days from date next to that on which baggage must have arrived at destination place. In such a case a claim shall be presented to a carrier during two years from the date of arrival of aircraft to destination place or from date on which transportation has stopped.
28.3.4. Any claim concerning improper transportation of baggage shall be presented in written form and handed or sent within terms specified in paragraph 28.3.2. All necessary documents that confirm rights of a passenger to claim damages and depend on subject of claim shall be added to a claim. They include a ticket (itinerary/receipt), service payment fiscal cheques, extra baggage payment receipts, coupon of baggage identification label, Property Irregularity Report, delay certificates and other documents that can quicken consideration of claim requirements. The sum of a claim shall be proven by interested person.
28.3.5. Carrier’s responsibility concerning destructed or lost baggage is limited by sum specified in paragraph 27.5.2. of the chapter XXVII of these Rules. If presented claim concerns partly lost baggage, than compensation is calculated on the basis of weight of lost baggage and cost per 1kg. Cost of one kilogram of partly lost baggage is calculated for indemnification on the basis of fixed measure of damages according to paragraph 27.5.2. of chapter XXVII of these Rules and minimum norm of baggage free transportation that is established by civil aviation authorized body and specified in paragraph 2 of chapter 2 of section ХІІ of the rules of MIU.
28.3.6. If presented claim concerns indemnification for partly lost baggage of weight up to 1 kilogram, than for indemnification of value of partly lost baggage weight parameters specified in recommended practice ІАТА 1751 (Appendix A) can be applied.
28.3.7. If presented claim concerns damage of baggage packing, expenditures for its repair are to be compensated. In the event that it is not possible to use damaged package further, its cost that is confirmed by interested person shall be compensated. If an applicant does not have documents that can confirm the cost of damaged package of baggage, compensation is made in the same way as in case of partly lost baggage. A carrier is not responsible for the following types of baggage damage:
- broken wheels and legs of suitcases, bags, etc.;
- lost belts and loops;
- slight worn spots or scratches, damages resulted from excessive filling of suitcase;
- damage of the handle of suitcase or bag;
- damage of fragile things or products that get spoilt quickly;
- damage of things that are not properly packed.
28.3.8. If a claim is presented for indemnification of damage inflicted in the result of delay in transportation of baggage, the sum of indemnification is limited by the sum specified in paragraph 27.5.2. of chapter ХХ V ІІ of these Rules. The sum of claim shall be justified by interested person.
28.3.9. If there are no claims within terms mentioned in paragraphs 28.3.2. and 28.3.3. in case of international air transportations, none of suits against a carrier concerning improper transportation of baggage is accepted except for cases when a carrier uses deception. Presentation of claims concerning improper transportation of baggage on domestic flights is made according to effective laws of Ukraine.
28.3.10. Suits concerning responsibility of a carrier for improper transportation of baggage shall be filed to court at place of carrier’s registration, at place of location of his main office or at place of location of carrier’s office where transportation contract has been concluded at claimant’s option within terms corresponding to effective laws and starting from the date of arrival to destination place or from date on which aircraft must have arrived to destination place or from date on which transportation has stopped.
28.3.11. The right for indemnification is lost if liability suit is not filed within terms starting from the date of arrival to destination place or from the date on which aircraft must have arrived or from date of transportation stop according to the Montreal Convention and effective laws.
XXI Х . Information of Passenger
29.1. Provisions of this chapter are applied to carrier Motor Sich Airline and all his selling and/or service agents that issue tickets for air transportations at the territory of Ukraine.
29.2. A carrier (his selling agent) shall allocate the following information at office at conspicuous place accessible for customers:
- his full name, location;
- copies of documents (licenses, certificates, warrants) concerning transportations (selling of transportations);
- phone number of consumer protection territorial body;
- customer comment book.
29.3. During issuance of tickets a carrier (his selling agent) must bring to the attention of passengers the following information:
- the rules of MIU;
- these Rules and Rules of affiliate carrier concerning transportations of passengers and baggage (selling agent is obliged to bring to the attention of passenger rules for transportation of passengers and baggage established by a carrier whose ticket is applied or that who is indicated in the first line in a ticket) shall be in the hard-copy form of commemorate booklet for a passenger (if transportations are sold online through the Internet, information shall be given in the electronic form via website by means of which booking of transportations is made);
- cost of transportation along the corresponding itinerary shall be stated in oral form at point of ticket selling during booking (if transportations are sold online through the Internet, information shall be given in the electronic form via website by means of which booking of transportations is made or by indication of necessary information in itinerary/receipt);
- cost, conditions and limitations during transportation according to special tariff shall be stated in oral form during booking (if electronic ticket is applied, information shall be given via website by means of which booking of transportations is made);
- administrative formalities during transportation along the corresponding itinerary shall be stated in oral form during booking;
- limits of carrier’s responsibility during transportation of passenger and baggage shall be stated in a ticket or itinerary/receipt;
- passengers’ rights in case of refusal to transport, cancellation or delay of flight;
- things and goods forbidden for transportation shall be stated in a ticket or itinerary/receipt;
- limitations concerning transportation of passengers with limited physical capacity and necessity of order of special service during booking.
Performing advertising action, a carrier shall provide people with full information concerning cost of transportation that shall include total of tariff and all charges/prices of airport and charges (prices) of a carrier.
By purchase of a ticket for a flight of a carrier, a passenger unconditionally agrees with all terms of transportation contract and these Rules.
These Rules are published on website of a carrier: flymotorsich.com .
XX Х . Enforcement of These Rules
30.1. Control over observance of these Rules is entrusted to management of a carrier Motor Sich Airline and civil aviation authorized body.
30.2. Control shall provide a possibility for a carrier, affiliate air carriers, selling agents, entities of ground service and operators of airports to prove that they and their actions meet the established requirements.
These entities shall be ready to afford to civil aviation authorized body and management of a carrier Motor Sich Airline the opportunity to make checks during passenger and baggage service and transportation operations with the purpose of demonstration of compliance of such operations with established requirements.
Deputy Production Director of Motor Sich Airline