Conditions of Carriage
GENERAL CONDITIONS OF CARRIAGE
ARTICLE 1. DEFINITIONS
In these Conditions, except where the context otherwise
requires or where it is otherwise expressly provided, the following expressions have
the following meanings:
Carrier Means Joint-stock venture "Ukraine International
Airlines" that was organized and exists under the law of Ukraine. When operating
international and domestic flights it acts as an independent airline and is a legal
Authorized Agent Means a person who has been appointed by the
Carrier to perform ground handling of passengers, baggage or to represent the Carrier
in the sale of air transportation on the Carrier's flights, or, if accordingly authorized,
on other carriers' flights.
Property Irregularity Report (PIR) Means a
document that was drawn up by the Carrier in the presence of the passenger (recipient)
in case of revealing of any damage to the baggage carried by the aircrafts of one
or more airlines.
Baggage Means personal property of the passenger assigned
for wearing, use, comfort and convenience during the flight. Unless otherwise specified,
it consists of both Checked and Unchecked Baggage.
Baggage Check Means
that portion of the Ticket which relate to the carriage of the Checked Baggage.
Baggage Identification Tag Means a document issued solely for identification
of Checked Baggage.
Days Mean calendar days, including all seven (7) days
of the week; provided that, for the purpose of notification, the day upon which notice
is dispatched shall not be counted; and provided further that for purposes of determining
duration of validity of a Ticket, the day upon which the Ticket is issued, or the
flight commenced shall not be counted.
Electronic Ticket Means the Itinerary/Receipt,
the Electronic Coupons and, if applicable, a boarding document.
Coupon Means a part of an Electronic Ticket used for carriage on a flight or any other
replacement document held in the Carriers' database.
Checked Baggage Means
Baggage of which the Carrier takes custody and for which the Carrier has issued a
Baggage Check, and/or a Baggage Identification Tag. Damage Includes death of, wounding
of. or bodily injury to a Passenger, loss, partial loss, theft of or other damage,
arising out of or in connection with carriage or other services incidental thereto
performed by the Carrier.
Stopover Means a scheduled stop on the passenger's
journey, at a point between the place of departure and the place of destination.
Ticket Means either the document entitled "Passenger Ticket and Baggage
Check" or the Electronic Ticket, in each case issued by the Carrier (Authorized
Agent), and includes the Conditions of Contract, notices and Coupons.
Designator Code Means two-characters, which identify particular air carriers.
Convention Means whichever of the following instruments are applicable: the
Convention for the Unification of Certain Rules Relating to International Carriage
by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention);
the Warsaw Convention as amended at The Hague on 28 September 1955;
Guadalajara Supplementary Convention (1961) (Guadalajara).
Means any of passenger's Baggage other than Checked Baggage. This baggage, under the
Carrier's permit, is carried in aircraft cabin and remains under passenger's custody.
Normal (published) fare Means a fare, with minimal restrictions of its
applicability, prescribed for carriage in business or economy classes and published
in automated reservation systems.
Passenger Means any person, except members
of the crew, carried or to be carried in an aircraft pursuant to a Ticket.
Passenger Coupon or Passenger Receipt Means that portion of the Ticket, issued by
the Carrier (Authorized Agent), which is so marked and which ultimately is to be retained
by the passenger.
Flight Coupon Means that portion of the Ticket that
bears the notation "good for passage" or in case of an Electronic Ticket,
the Electronic Coupon and indicates the particular places between which the passenger
is entitled to be carried.
Carrier's Regulations Means rules, other than
these Conditions, published by the Carrier and in effect on date of ticket issue,
governing carriage of passengers and/or baggage and shall include, but not be limited
to, any applicable tariffs in force, passenger and baggage handling standards, complaints
and claims consideration, etc.
Point of departure Means a place (an airport)
specified in the Ticket, where the carriage of a passenger (baggage) commences.
Point of transfer Means a place (an airport) specified in the Ticket, where
a passenger boards next flight of another or the same airline.
destination Means a place (an airport) specified in the Ticket, where the carriage
of a passenger (baggage) is completed.
Itinerary/Receipt Means a document
or documents issued by the Carrier to passengers travelling on Electronic Tickets
that contains the Passenger's name, flight information and notices.
period of time of delivery (passenger (baggage)) Means a period of time, which, when
air carriage takes place, does not exceed 3 hours from time of commencing or completion
of a flight that is specified in the Carrier's Schedule.
Means a Ticket we have issued to you with conjunction with another Ticket, which together
constitute a single contract of carriage.
Special fare Means a fare that
has some limitations in its applicability, prescribed for carriage in economy class
(in most cases) and published as a special fare in automated reservation systems.
Fare Means an amount of money, defined by the Carrier, for carriage of
a passenger or per unit weight/volume of baggage on the specified flight at the specified
class of carriage.
Check-In Deadline Means a time limit, specified by
the Carrier, by which a passenger must have completed check-in formalities and received
Force Majeure Means unusual and unforeseeable circumstances
beyond control of the Carrier or a passenger, the consequences of which could not
have been avoided even if all due care had been exercised.
Means a freightage of an airplane, by which the Carrier commits itself to granting
the Customer full or partial capacity of its aircraft, for one or more flights for
carriage passengers, baggage, cargo, mail or other goods as specified in Charter Agreement.
ARTICLE 2. APPLICABILITY
2.1. Except as provided in paragraphs 2.2,
2.4 and 2.5 below, this Conditions of Carriage apply only on those flights, or flight
segments, where the Carrier's name or Airline Designator Code is indicated in the
carrier box of the Ticket for that flight or flight segment. These Conditions apply
also to gratuitous and reduced fare carriage except to the extent that the Carrier
has provided otherwise in its Regulations or in the relevant contracts, pas or tickets.
2.2. If carriage is performed pursuant to a charter agreement, these Conditions
of Carriage apply only to the extent they are incorporated by reference or otherwise,
in the charter agreement or the Ticket.
2.3. On some services we have
agreements with other carriers known as "Code Shares". This means that even
if a passenger have a reservation with the Carrier and hold a Ticket where the Carrier's
name or Airline Designator Code is indicated as the carrier, another carrier may operate
the aircraft. If such agreements apply, the Carrier (or its Authorized Agent) will
advise a passenger of the carrier operating the aircraft at the time of making a reservation
and at the airport upon check-in. In such cases may apply Conditions of carriage of
passengers and baggage of actual carrier, which may differ from those of the Carrier
that has issued the ticket.
2.4. Overriding Law: To the extent that any
provision contained or referred to herein is contrary to anything contained in the
Convention, where applicable and any applicable laws, government regulations, order
or requirements that cannot be waived by agreement of the parties, such provision
shall not apply. The invalidity of any provision shall not affect the validity of
any other provision herein.
ARTICLE 3. TICKETS
3.1. Ticket prima
facie evidence of the contract:
3.1.1. The Ticket constitutes prima facie evidence
of the contract of carriage between the Carrier and the passenger named on the ticket.
Ticket must be used only by that person whose surname and name is shown on this ticket.
The Ticket is and remains at all times the property of the issuing carrier. The conditions
of carriage, stated in the ticket are the brief summary of these Conditions and some
3.1.2. Except in case of an Electronic Ticket, a passenger
shall not be entitled to be carried on a flight unless presenting a Ticket valid and
duly issued in accordance with the Carrier's Regulations and containing the Flight
Coupon for that flight and all other unused Flight Coupons and the Passenger Coupon.
In addition, a passenger shall not be entitled to be carried if the Ticket presented
is mutilated or if it has been altered otherwise than by the Carrier or its Authorized
Agent. In case of the Electronic Ticket, a passenger shall not be entitled to be carried
on a flight unless providing positive identification and possessing a ticket valid
and duly issued in accordance with the Carrier's regulations and contained in the
3.1.3. In case of loss or mutilation of a Ticket (or part
of it) by a passenger or non-presentation of a Ticket containing the Passenger Coupon
and all unused Flight Coupons, upon passenger's request the Carrier will replace such
Ticket (or part of it) by issuing a new Ticket, provided there is evidence, readily
ascertainable at the time, that a Ticket valid for the flight(s) in question was duly
issued and the passenger sign an agreement to reimburse the Carrier for any costs
and losses, up to the value of the original ticket, which are necessarily and reasonably
incurred by the Carrier or another carrier for misuse of the Ticket. The Carrier will
not claim reimbursement from the passenger for any such losses which result from the
Carrier's own negligence. The issuing carrier may charge a reasonable administration
fee for this service, unless the loss or mutilation was due to the negligence of the
issuing carrier, or its agent.
3.1.4. The Carrier is entitled to refuse a passenger
in issuing a replacement ticket in case the passenger refuses to sign the agreement
mentioned in 3.1.3. and/or declines to pay administrative fee for such service.
3.1.5. Ticket is not transferable. It may be used only for carriage of the person
specified in it, for which reason the Carrier has a right to demand proper identification
of the passenger.
3.2. Period of validity and its prolongation: A ticket
issued upon published fare is valid for air carriage for one year from the date of
commencing the carriage or the date of issue, if no part of the ticket was used. A
ticket issued upon special fare is valid for air carriage only until the date specified
and on conditions established by the Carrier's fare regulations
3.2.1. The validity
of passenger's ticket will be extended until the first flight, on which space is available
in the class of service for which the fare has been paid in case the Carrier: . "
Cancels the flight, on which the passenger holds a reservation; or " Omits a
scheduled stop, being the passenger's place of departure, place of destination or
a stopover; or " Fails to operate a flight reasonably according to schedule;
or " Causes the passenger to miss connection; or " Substitutes a different
class of service; or " Is unable to provide previously confirmed space
If, after having commenced the journey, a passenger is prevented from traveling within
the period of validity of the Ticket by reason of illness, the Carrier may extend
the period of validity of passenger's Ticket until the date when he/she becomes fit
to travel or until the Carrier's first flight after such date, from the point where
the journey is resumed on which space is available in the class of service for which
the fare has been paid. Such illness must be attested to by a medical certificate.
In such circumstances, the Carrier will similarly extend the period of validity of
Tickets of other members of passenger's immediate family accompanying him/her.
3.2.4 In the event of death of a passenger en route, the Tickets of persons accompanying
the passenger may be modified by waiving the minimum stay or extending the validity.
In the event of a death in the immediate family of a passenger who has commenced travel,
the validity of the passenger's Tickets and those of his or her immediate family who
are accompanying the passenger may likewise be modified. Any such modification shall
be made upon receipt of a valid death certificate and any such extension of validity
shall not be for a period longer than sixty (60) days from the date of the death.
3.3. Coupon Sequence and Use
3.3.1. The ticket a passenger
has purchased is valid only for the transportation as shown on the Ticket, from the
place of departure via any Agreed Stopping Places to the final destination.
The Ticket may not be valid and the Carrier may not honour the passenger's Ticket
if the first flight coupon, or in the case of an Electronic Ticket, an electronic
coupon for international travel has not been used and the passenger commences his/her
journey at any stopover or agreed stopping place.
3.3.3. A passenger is accepted
for carriage according to the date, flight number and class of service specified in
flight coupon, on which due reservation is made. If the ticket was issued without
confirmed reservation, the seat may be booked upon the passenger's request in case
the seats in purchased class of service are available.
3.4. Name and Address
3.4.1. The Carriers name may be abbreviated to its Designator Code,
or otherwise, in the ticket.
3.4.2. The Carrier (its Authorized Agent) shall
advise the passenger on the full name of any carrier abbreviated to its Designator
Code in the ticket upon reservation or ticket issue.
3.4.3. The Carrier's address
shall be deemed to be the airport of departure shown opposite the first abbreviation
of its name in the carrier box of the Ticket, or, in case of an Electronic Ticket,
as indicated for the Carrier's first flight segment in the Itinerary/Receipt.
ARTICLE 4. STOPOVER
Stopover may be permitted at agreed stopping places
subject to government requirements and Carrier Regulations. If a passenger holds a
ticket issued upon published fare, stopovers within ticket validity will be permitted
at any agreed place, if applicable laws, the Carrier's fare regulations and schedule
allow such stopovers. If a passenger holds a ticket issued upon special fare and makes
a stopover that is not foreseen by the Carrier's fare regulations, he/she may be charged
an extra fee.
ARTICLE 5. FARES AND CHARGES
5.1 General Fares apply
only for carriage from the airport at the point of origin to the airport at the point
of destination, unless otherwise expressly stated. Fares do not include ground transport
service between airports and between airports and town terminals, unless provided
by the Carrier without additional charges. A passenger's fare will be calculated in
accordance with the Carrier tariff in effect on the date of payment of the ticket
for travel on the specific dates and itinerary shown on it. Should the passenger change
his/her itinerary or dates of travel, this may impact the fare to be paid.
5.2. Taxes and Charges Any tax or charge imposed by government or other authority,
or by the operator of an airport, in respect of a passenger or the use by a passenger
of any services or facilities will be in addition to the published fares and charges
and shall be payable by the passenger, except as otherwise provided in the Carrier's
5.3. Currency Fares and charges are payable in any currency
acceptable to the Carrier. When payment is made in a currency other than the currency
in which the fare is published, such payment will be made at the rate of exchange
established in accordance with the Carrier's Regulations.
ARTICLE 6. RESERVATIONS
6.1. Reservation Requirements
6.1.1. The Carrier or its Authorized Agent
will record passenger's reservation(s). Upon request the Carrier or its Authorized
Agent will provide the passenger with written confirmation of his/her reservation(s).
6.1.2. As provided in these Regulations, certain fares may have conditions which
limit or exclude passenger's right to change or cancel reservations.
Ticketing Time Limits If a passenger has not paid for the Ticket prior to the specified
ticketing time limit, as advised by the Carrier or its Authorized Agent, they may
cancel the reservation.
6.3. Personal Data A passenger recognizes that
personal data that have been given to the Carrier for the purposes of: making a reservation,
issuing a Ticket, obtaining ancillary services, developing and providing services,
facilitating immigration and entry procedures, and making available such data to government
agencies, in connection with passenger's travel. For these purposes, the passenger
authorizes the Carrier to retain and use such data and to transmit it to its own offices,
Authorized Agents, government agencies, other Carriers or the providers of the above
6.4. Seating The Carrier will endeavor to honour a
passenger advance seating requests, however, it cannot guarantee any particular seat
in the aircraft and the passenger agrees to accept any seat that may be allotted on
the flight in the class of service for which the ticket has been issued. The Carrier
reserves the right to assign or reassign seats at any time, even after boarding of
the aircraft. This may be necessary for operational, safety or security reasons.
6.5. Cancellation of Onward Reservations ("No-Show") If a passenger
did not show up for the flight he/she has confirmed reservation and failed to inform
the Carrier about changes in his/her travel in advance, the Carrier is entitled to
cancel the reservation. However, if the passenger will advice the Carrier on changes
of his/her intentions beforehand, within the time limits specified in the Carrier's
regulations, the onward and/or return reservation will be retained.
7.1. To pass all pre-flight formalities a passenger has to arrive
to the place where the Carrier performs check-in and boarding with all necessary documents
not later than Check-in Deadline specified by the Carrier or its Authorized Agent.
If the passenger fails to arrive in time at the Carrier's check-in location or boarding
gate or appear improperly documented and not ready to travel, the Carrier may cancel
the space reserved for the passenger and will not delay the flight. Check-in Deadlines
for the Carrier's flights can be found in its timetable, or may be obtained from the
Carrier's or its Authorized Agents' offices
7.2. The Carrier will not be liable
to the passenger for any loss or expense incurred due to his/her failure to comply
with the provisions of this Article.
ARTICLE 8. REFUSAL AND LIMITATION
8.1. Right to refuse carriage: The Carrier may refuse carriage of
any passenger or passenger's baggage for reasons of safety or if, in the exercise
of its reasonable discretion, the Carrier determines that:
8.1.1. Such action
is necessary in order to comply with any applicable government laws, regulations,
or orders of any state or country to be flown from, into or over; or 8.1.2. The conduct,
age, or mental or physical state of the passenger is such as to: - require from the
Carrier, when check-in or boarding, a special assistance which he/she have not previously
required, or - cause discomfort or make himself or herself objectionable to other
passengers, crew members, or - involve any hazard or risk to himself or herself or
to other persons or to property; or
8.1.3. The passenger failed to observe the
Carrier's instructions concerning flight safety and/or refused to submit to a security
check of airport security officers, the Carrier's security staff or other government
8.1.4. The passenger's personal conduct arouses doubts on flight
safety during transportation of that person. To such personal conduct belongs aggressive
behaviour, use of threats upon other passengers or the Carrier's personnel;
The passenger has not paid the applicable fare, taxes, fees or charges, or the credit
agreement between the Carrier and the passenger was not implemented;
The passenger does not appear to have valid travel documents;
8.1.7. The passenger
may seek to enter a country through which he/she may be in transit, or for which he/she
does not have valid travel documents;
8.1.8. The passenger may destroy his/her
travel documents during flight;
8.1.9. The passenger refuse to surrender his/her
travel documents to the flight crew, against receipt, when so requested;
The ticket presented by the passenger:
- has been purchased from an entity other
than the Carrier or its Authorized Agent (the Carrier reserves the right to retain
such tickets, declare them invalid and refuse to refund);
- has been reported
as being lost or stolen (the Carrier reserves the right to retain such tickets, declare
them invalid and refuse to refund);
- is a counterfeit (the Carrier reserves
the right to retain such tickets, declare them invalid and refuse to refund);
- has a flight coupon with alterations made by an entity other than the Carrier
or its authorized Agent or was mutilated (the Carrier reserves the right to retain
such tickets, declare them invalid and reissue them);
8.1.11. The passenger
cannot prove that he/she is the person named in the ticket (the Carrier reserves the
right to retain such tickets, declare them invalid and refuse to refund);
The passenger has committed misconduct or offence earlier, and the Carrier has reason
to believe that such conduct may be repeated;
8.1.13. The passenger has been
notified in writing by the Carrier that it would not carry him/her again on the Carrier's
8.2 Special Assistance Acceptance for carriage of unaccompanied
children, disabled persons, pregnant women, and persons with illness or other people
requiring special assistance is subject to prior arrangement with the Carrier. The
above shall be in accordance with the Carrier's Regulations.
9.1 Items Unacceptable as Baggage
9.1.1. A passenger must not
include in his/her Baggage:
- items which are likely to endanger the aircraft
or persons or property onboard the aircraft, including explosives, compressed gases,
corrosive materials, oxidizers, radioactive and combustible substances, magnets, poisons,
harmful or irritating matters such as those specified in the International Civil Aviation
Organization (ICAO) Technical Instructions for the Safe Transportation of Dangerous
Goods by Air and the International Air Transport Association (IATA) Dangerous Goods
Regulations, and in the Carrier's regulations;
- items the carriage of which
is prohibited by the applicable laws, regulations or orders of any state to be flown
from or to or over;
- items which are reasonably considered by the Carrier to
be unsuitable for carriage because they are dangerous, unsafe or by reason of their
weight, size, shape or character, or which are fragile or perishable.
animals, except as provided for in Paragraph 9.10 of this Article;
and ammunition other than for hunting and sporting purposes are prohibited from carriage
as Baggage. Firearms and ammunition for hunting and sporting purposes may be accepted
as Checked Baggage in accordance with the Carrier's regulations, but for such purpose
the passenger must let the Carrier know of his/her intention to carry them when making
the reservation. All such weapons must be unloaded with the safety catch on, and suitably
packed. The carriage of ammunition is subject to ICAO and IATA Dangerous Goods Regulations.
9.1.3. Weapons such as antique firearms, swords, knives and similar items may
be accepted as Checked Baggage, in accordance with our Regulations, but will not be
permitted in the cabin of the aircraft.
9.2. Right to refuse carriage
9.2.1. The Carrier may refuse carriage as Baggage of such items described in
Paragraph 1 of this Article as are prohibited from carriage as baggage and may refuse
further carriage of any such items on discovery thereof.
9.2.2. The Carrier
may refuse to carry as Baggage any item because of its size, shape, weight or character.
9.2.3. Unless advanced arrangements for its carriage have been made with the
Carrier, the Carrier may carry baggage on a later flight, if it is in excess of the
applicable free allowance.
9.2.4. The Carrier may refuse to accept baggage as
checked baggage unless it is properly and securely packed in suitable containers to
ensure safe carriage with ordinary care in handling.
9.3. Right of Search
For reasons of safety and security, the Carrier may request that the passenger permits
a search and scan of his/her person and a search, scan or x-ray of his/her baggage
performed by the airport authorities, the Carrier's security staff or any other authorized
body. If the passenger is not available, his/her baggage may be searched in his/her
absence for the purpose of determining whether it contains any item described in paragraph
9.1 above. If the passenger is unwilling to comply with such request the Carrier may
refuse to carry him/her and/or his/her Baggage.
9.4. Checked Baggage
9.4.1. The passenger's baggage to be checked upon delivery to the Carrier; the latter
shall take custody thereof and issue a Baggage Identification Tag for each piece of
the passenger's checked baggage.
9.4.2. Each piece of the checked baggage must
be affixed with personal identification tag, specifying passenger's name and address,
prior to acceptance.
9.4.3. Checked Baggage will, whenever possible, be carried
on the same aircraft as the passenger unless the Carrier decides that this is impracticable,
in which case the Carrier shall carry the checked baggage on its next flight on which
space is available. If the passenger's checked baggage is carried on another flight
the Carrier will deliver it to him/her, unless applicable law requires the passenger
to be present for customs clearance.
9.5. Free Baggage Allowance A passenger
may carry some Baggage, free of charge, subject to the Carrier's conditions and limitations,
in accordance with its Regulations. Free baggage allowance is determined by weight
("weight concept") or number of pieces ("piece concept"). The
passenger's free Baggage allowance will be shown on his/her ticket or, in case of
an Electronic Ticket, on Itinerary/Receipt.
9.6. Excess Baggage The passenger
will be required to pay a charge for carriage of Baggage in excess of the free Baggage
allowance at the rate and in the manner provided in the Carrier's Regulations, effective
at the date of payment. Detailed information on Carrier's tariffs is available from
its representatives' offices or its authorized agents. The Carrier is entitled to
refuse to carry the baggage in case the passenger is unwilling to provide due excess
9.7. Excess value declaration and charge The Carrier
does not accept the passenger's excess value declarations for his/her checked and/or
unchecked baggage. Passengers making such declaration should be encouraged to take
out private insurance.
9.8. Unchecked Baggage
9.8.1. Some part of
the passenger's baggage may be carried in the cabin if this complies with the Carrier's
Regulations on size and weight. The hand baggage which the passenger carries onto
the aircraft must fit under the seat in front of him/her or in an enclosed storage
compartment in the cabin of the aircraft. Items determined by the Carrier to be of
excessive weight or size, or deemed to be dangerous will not be permitted in the cabin
and will be carried as checked baggage.
9.8.2. Objects not suitable for transportation
in the cargo compartment (such as delicate musical instruments and the like) will
only be accepted for carriage in the cabin compartment if due notice has been given
in advance and permission granted by the Carrier. The transportation of such objects
will be charged for separately, according to effective tariffs.
and Delivery of Checked Baggage
9.9.1. The passenger shall collect his/her Checked
Baggage as soon as it is available for collection at point of destination or Stopover.
If checked baggage is not claimed for 3(three) month from the date of passenger's
arrival to destination, it will be processed (disposed of) according to regulations
of the airport it was stored.
9.9.2. Only the bearer of the Baggage Check and
Identification Tag, issued upon check-in, is entitled to delivery of baggage. Failure
to exhibit the baggage identification tag shall not prevent delivery provided the
baggage check is produced or the baggage is identified by other means.
If a person claiming the baggage is unable to produce the Baggage Check and identify
the Baggage by means of a Baggage Identification Tag, the Carrier shall deliver the
Baggage to such person only on condition that he or she establishes to the Carrier's
satisfaction his or her right to the Baggage.
Animals such as dogs, cats, household birds and other pets, when properly crated and
accompanied by valid health and vaccination certificates, entry permits, and other
documents required by countries of entry or transit will, with the advanced agreement
with the Carrier, be accepted for carriage. The Carrier is entitled to limit the number
of animals carried on one flight. Non-compliance with such regulations may result
in refused animals' carriage
9.10.2. If accepted as Baggage, the animal, together
with its container and food carried, shall not be included in the passenger's free
baggage allowance, but shall constitute excess baggage, for which he/she shall pay
the applicable rate. Information on animals' transportation and applicable tariffs
is provided on passenger's request.
9.10.3. Guide dogs accompanying sight/hearing
impaired and physically handicapped passengers will be carried free of charge in addition
to the normal free baggage allowance, subject to the Carrier's Regulations.
Acceptance for carriage of animals is subject to the condition that the passenger
assumes full responsibility for such animal. The Carrier shall not be liable for injury
to or loss, delay, sickness or death of such animal in the event that it is refused
entry into or passage through any country, State or territory.
10. SCHEDULES, CANCELLATION OF FLIGHTS
10.1. Schedules: The Carrier will take
all appropriate measures to deliver a passenger and his/her baggage within reasonable
period of time according to a published schedule, effective at the date of travel.
10.2. Cancellation, Rerouting, Delays, Etc.: If, for some reasons, including
poor weather conditions, air traffic control restrictions, technical malfunctions
that endanger or make impossible safe and secure flight operation, the Carrier cancels
a flight, fails to operate a flight reasonably according to the schedule, fails to
stop at the passenger's destination or Stopover destination, or causes the passenger
to miss a connecting flight on which he/she holds a confirmed reservation, the Carrier
10.2.1. Carry the passenger at the earliest opportunity on another
of its scheduled services, on which space is available, or:
10.2.2. Within a
reasonable period of time re-route the passenger to the destination shown on his/her
Ticket by the Carrier's own services or those of another carrier, or by ground transport.
If the fare and charges for the revised routing are higher than what the passenger
has originally paid, the Carrier will not demand to pay the difference and shall refund
the difference, if the fare and charges are lower, or:
10.2.3. Make a refund
in accordance with the provisions of Article 11 below.
10.2.4. Except for deliberate
and negligent actions of its personnel, the Carrier is not liable for any mistakes
and omissions in schedules and other publications concerning date and time of flight
operation prepared by the Carrier's staff or agents.
10.2.5. Time of departure
and aircraft type, specified in schedules and other publications concerning the Carrier's
flight operation are not guaranteed, and are not mandatory conditions of carriage.
The Carrier is entitled to change time of departure, of which it informs passengers
in due time. Please see also REGULATION (EC) No 261/2004 OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL of 11 February 2004 establishing common rules on compensation and
assistance to passengers in the event of denied boarding and of cancellation or long
delay of flights, and repealing Regulation (EEC) No 295/91.
11.1. General On failure by the Carrier to provide carriage in accordance
with the contract of carriage, or where a passenger requests a voluntary change of
his or her arrangements, refund for an unused ticket or portion thereof shall be made
by the Carrier in accordance with this Article and The Carrier's Regulations.
11.2. Person to whom refund will be made
11.2.1. Except as hereinafter
provided in this Article, The Carrier shall be entitled to make refund either to the
person named in the ticket, or to the person who has paid for the ticket upon presentation
of satisfactory proof.
11.2.2. If a Ticket has been paid for by a person other
than the one named on the Ticket, and the Ticket indicates that there is a restriction
on refund, the Carrier shall make a refund only to the person paying for the ticket
or to that person's order.
11.2.3. Except for the case of a lost Ticket, refunds
will only be made when the passenger's ticket coupon and all unused flight coupons
are surrendered to the Carrier.
11.2.4. A refund made to anyone presenting passenger
ticket coupon or receipt and all unused flight coupons and holding himself or herself
out as a person to whom refund may be made in terms of sub-paragraphs 11.2.1 or 11.2.2
of this Article shall be deemed a proper refund and shall discharge the Carrier from
liability and any further claim for refund.
11.3. Involuntary Refunds
If the Carrier cancels a flight, fails to operate a flight reasonably according to
schedule, fails to stop at a point to which a passenger is destined or ticketed to
stop over, is unable to provide previously confirmed space or causing to miss a connecting
flight on which the passenger holds a reservation, the amount of the refund shall
11.3.1. If no portion of the Ticket has been used, an amount equal to the
11.3.2. If a portion of the Ticket has been used, the refund will
be the higher of:
220.127.116.11. The one way fare ( less applicable discounts and
charges) from point of interruption to destination or point of next stopover, or
18.104.22.168. The difference between the fare paid and the fare for the transportation
11.4. Voluntary Refunds If a passenger is entitled to a refund of
Ticket for reasons other than those set out in paragraphs of this Article, the amount
of the refund shall be:
11.4.1. If no portion of the Ticket has been used, an
amount equal to the fare paid, less any applicable service charges or cancellation
11.4.2. If a portion of the Ticket has been used, the refund will be an
amount equal to the difference between the fare paid and the applicable fare for travel
between the points for which the Ticket has been used, less any applicable service
charges or cancellation fees.
11.5. Refund on Lost Ticket
If a passenger looses his/her Ticket or portion of it, upon furnishing the Carrier
with satisfactory proof of the loss, and payment of a reasonable administration charge,
refund will be made as soon as practicable after the expiry of the validity period
of the Ticket, on condition:
22.214.171.124. That the lost Ticket or portion of it
has not been used, previously refunded or replaced;
126.96.36.199. That the person
to whom the refund is made undertakes, in such form as may be prescribed by the Carrier,
to repay the amount refunded in the event of fraud and/or to the extent that the lost
Ticket or portion of it is used.
11.6. Right to refuse refund
The Carrier may refuse a refund, if: " appropriate application is made after
the expiry of the validity of the Ticket or other term, specified by the Carrier's
Regulations; " the ticket was purchased upon the special fare, which does not
stipulate for a refund (in that case the passenger shall be informed by the Carrier
(its Agent) upon booking and appropriate remark shall be made in the ticket); "
the ticket which has been presented to the Carrier, or to Government officials, as
evidence of intention to depart from that country, unless the passenger establish
to the Carrier's satisfaction that he/she has permission to remain in the country
or that he/she will depart from that country by another carrier or another means of
11.7. Currency All refunds will be subject to Government laws,
rules and regulations and orders of the country in which the ticket was originally
purchased and of the country in which the refund is being made. Subject to the foregoing
provision, refund will normally be made in the currency in which the ticket was paid
for, but may be made in another currency in accordance with the Carrier's Regulations.
11.8. By Who Ticket Refundable Voluntary refunds will be made only by
the carrier which originally issued the Ticket or by its agent if so authorized.
ARTICLE 12. CONDUCT ABOARD AIRCRAFT
12.1. If, in the Carrier's reasonable
opinion, a passenger conducts him- or herself aboard the aircraft so as to endanger
the aircraft or any person or property onboard, or obstruct the crew in the performance
of their duties, or fail to comply with any instructions of the crew, or behave in
a manner which causes discomfort, inconvenience, damage to other passengers or the
crew, the Carrier may take such measures as it deems reasonably necessary to prevent
continuation of such conduct. The passenger may be disembarked and refused onward
carriage at any point, and may be prosecuted for offences committed on board the aircraft
in accordance with all applicable laws.
12.2. For safety reasons, the
Carrier may forbid or limit operation aboard the aircraft of electronic equipment,
including, but not limited to cellular telephones, portable recorders, portable radios,
electronic games or transmitting devices, including radio controlled toys and walkie-talkies.
Operation of hearing aids and heart pacemakers is permitted. Operation of any other
electronic devices without the Carrier's consent is also forbidden.
A passenger will not be accepted onboard if he/she is under influence of alcohol,
drugs or any other substance that may endanger his/her personal safety, cause discomfort
or endanger other passengers or crew members. Alcohol consumption onboard is only
allowed in quantities offered by the Carrier.
12.4. If, because of passenger's
misconduct, the Carrier sustains additional damages or costs the passenger is liable
to refund such costs.
ARTICLE 13. ARRANGEMENTS FOR ADDITIONAL SERVICES
13.1. If, in terms of agreement on air carriage, the Carrier make arrangements
for the provision of additional services it shall have no liability to the passenger
except for negligence on its parts in making such arrangements.
14. ADMINISTRATIVE FORMALITIES
14.1. A passenger shall be solely responsible
for complying with all laws, regulations, orders, demands and travel requirements
of countries to be flown from, into or over, and with the Carrier or any other involving
Carriers Regulations and instructions. The Carrier shall not be liable for any aid
or information given by any agent or employee of the Carrier to any passenger in connection
with obtaining necessary documents or visas, whether given in writing or otherwise,
or for the consequences to any passenger resulting from his or her failure to obtain
such documents or visas.
14.2. Travel Documents: Prior to travel, a passenger
must present all exit, entry, health and other documents required by law, regulation,
order, demand or other requirement of the countries concerned, and permit the Carrier
to take and retain copies thereof. The Carrier reserves the right to refuse carriage
if the passenger has not complied with these requirements or his/her travel documents
do not appear to be in order.
14.3. Refusal of entry: A passenger shall
pay the applicable fare whenever the Carrier or any other involving carrier, on Government
order, is required to return to the passenger's point of origin or elsewhere, owing
to his/her inadmissibility into a country, whether of transit or of destination. The
passenger will refund the Carrier all cost incurred because of his/her deportation.
The Carrier may apply to the payment of such fare any funds paid to it for unused
carriage, or any funds of the passenger in the Carrier's possession. The fare collected
for carriage to the point of refusal or denied entry will not be refunded by the Carrier.
14.4. Passenger Responsible for Fines, Detention Costs, Etc. If the Carrier
is required to pay any fine or penalty or to incur any expenditure by reason of a
passenger's failure to comply with laws, regulations, orders, demands or other travel
requirements of the countries concerned or to produce the required documents he/she
shall reimburse the Carrier on demand, any amount so paid or expenditure so incurred.
The Carrier may apply towards such payment or expenditure the value of any unused
carriage on the passenger's ticket or any of his/her funds in the Carrier's possession.
14.5. Customs Inspection If required, a passenger shall attend inspection
of his/her Baggage, by customs or other Government officials.
Inspection A passenger shall submit to any security checks by Government, airport
officials of the Carrier's security staff. The Carrier is not liable to the passenger
for any loss or damage suffered by him/her in the course of such inspection or through
his/her failure to comply with this requirement
ARTICLE 15. SUCCESSIVE
Carriage to be performed by several successive Carriers under one ticket,
or under a ticket and any conjunction ticket issued in connection therewith is regarded
as a single operation.
ARTICLE 16. LIABILITY FOR DAMAGE
liability of the Carrier for air transportation according to passenger ticket is defined
in Warsaw Convention and applicable Ukrainian legislation, which does not contradict
provisions of the Convention. The transportation fulfilled by the Carrier is subject
to regulations and restrictions specified in this Convention.
Ukrainian legislation was brought into conformity with international law and regulations,
the Carrier's liability upon operation of domestic flights complies with general conditions
of the Convention.
16.3. The Carrier shall be liable only for damage occurring
on its own line. If the Carrier issues a ticket or checks baggage over the lines of
another Carrier it does so only as agent for such other Carrier. Nevertheless, with
respect to checked baggage the passenger shall also have a right of action against
the first or last Carrier on the related air travel.
16.4. The Carrier
shall be liable for damage to a passenger or his/her checked baggage only if such
damage has been caused by the Carrier's negligence. If there has been contributory
negligence on the passenger's part, the Carrier's liability shall be subject to the
applicable law relating to contributory negligence.
16.5. The Carrier
is not liable for any damage arising from its compliance with any laws or Government
regulations, orders or requirements, or from the passenger's failure to comply with
16.6. The Carrier's liability shall not exceed the amount of
proven damages. We shall furthermore not be liable for indirect or consequential damage.
16.7. Death, wounding of passenger, baggage damage:
Carrier is liable for death or wounding of a passenger only in case, that the event
that caused death or wounding of the passenger occurred onboard or during any operations
related to embarkation/disembarkation;
16.7.2. The Carrier is liable for damage
in case of loss, destruction or injury to the checked baggage in case that the event
that caused loss, destruction or injury occurred onboard or during any period of time
when the checked baggage was under the Carrier's custody. However, the Carrier is
not liable for damage, if such injury resulted from baggage properties or defects.
The Carrier is not liable for damage to unchecked baggage unless such damage is caused
by its personnel or agents' negligence.
16.7.3. The Carrier is liable for damage
caused due to delay in passenger or baggage delivery. However, the Carrier is not
liable for damage caused due to delay, if there is a proof that his personnel or agents
have taken all appropriate measures to avoid the damage or that such measures could
not have been taken.
16.7.4. If the Carrier proves that damage was caused by
carelessness, erroneous actions or negligence of the person claiming compensation
or the person who is entitled to compensation, the Carrier will be partially or completely
reprieved of liability with respect to the person claiming compensation at the rate
of damage that was caused by such carelessness, erroneous actions or negligence. If
the damage claim is asserted by other person - not a passenger - due to his/her death
or injury, the Carrier will be partially or completely relieved of liability at the
rate, of which the Carrier will prove that the damage was caused by carelessness,
erroneous actions or negligence of the passenger.
16.7.5. The Carrier's liability
with respect to a passenger for death, wounding or other bodily injury shall be limited
to the sum of:
- US$20, 000 (or equivalent amount in other currency);
US$75,000 (including legal costs), or
- US$58,000 (excluding legal costs) -
for carriage, where point of departure, arrival or agreed stopover, or any of these
is located on the territory of the United States of America.
16.7.6. The Carrier
reserves the right for legal defense from any claim in compliance with the Convention.
The Carrier reserves the right of recourse against any third party, including the
right for compensation for damages.
16.7.7. If any of the passengers carried,
whose age or mental or physical condition is such as to involve any hazard or risk
to himself or herself, the Carrier shall not be liable for any illness, injury or
disability, including death, attributable to such condition or for the aggravation
of such condition.
16.7.8. With respect to damage caused by destruction, loss
or injury of baggage, the Carrier's liability shall be limited to the sum of:
- US$20 (or equivalent amount in other currency) per kilogram of checked baggage.
When assessing the Carrier's liability, the weight taken into account is limited to
the weight of respective lost piece of baggage or part of it contents, lost or damaged
package (packages). However, if loss, damage or delay of delivery of checked baggage
or its part, or an article inside the baggage, affects the value of other packages
(articles) entered in the same baggage check, then, when assessing the Carrier's liability,
the total weight of such package (packages) is deducted from total weight of checked
- US$400 (or equivalent amount in other currency) per passenger for
unchecked baggage or any other property, which is under his/her custody during the
16.7.9. If the weight of the baggage is not recorded on the baggage
check, it is presumed that the total weight of the checked baggage does not exceed
the applicable free baggage allowance for the class of service concerned and the amount
of compensation is calculated accordingly.
16.7.10. The Carrier is not liable
for injury or for damage of a passenger's baggage caused by property contained in
his/her baggage. Any passenger whose property causes injury to another person or damage
to another person's property or to the Carrier's property shall indemnify the Carrier
for all losses and expenses incurred by the Carrier as a result thereof.
The Carrier is nor liable for damage to fragile or perishable items, money, jewelry,
precious metals, silverware, negotiable papers, securities, or other valuables, business
documents, passports and other identification documents, or samples, which are included
in passenger's checked baggage.
16.8. Any exclusion or limitation of liability
on the Carrier's part shall apply to and be for the benefit of agents, employees and
representatives of the Carrier and any person whose aircraft is used by the Carrier
and such person's agents, employees and representatives. The aggregate amount recoverable
from the Carrier and from such agents, employees and representatives and persons shall
not exceed the amount of the Carrier's limit of liability.
TIME LIMITATION ON CLAIMS AND ACTIONS
17.1. Notice of Claims regarding Baggage
17.1.1. No action shall lie in the case of damage to checked baggage unless
the person entitled to delivery complains to us forthwith after the discovery of the
damage, and at the latest, within seven (7) days and in case of delay, unless the
complaint is made at the latest within twenty-one (21) days from the date of which
the baggage has been placed at his/her disposal. Every complaint must be made in writing
and dispatched within the times aforesaid. Under normal circumstances, the Carrier
shall respond to a written complaint by a passenger within one (1) month from the
date of receipt the same; however, in some complicated cases, the response shall be
made within three (3) month. Where such time period is not sufficient so to permit
the complaint to be properly investigated, we shall provide you an interim response
giving the reason for the delay. For any information regarding a written complaint
by you to the Carrier, please contact:
Customer Relations Department:
Phone +38 044 537 78 76 begin_of_the_skype_highlighting
+38 044 537 78 76 end_of_the_skype_highlighting
Fax +38 044 537 70 79
17.2. Limitation of actions Any right to damages shall
be extinguished if an action is not brought within two years from the date of arrival
at the destination, or from the date of which the aircraft ought to have arrived,
or from the date on which the carriage stopped. The method of calculating the period
of limitation shall be determined by the law of law of the court seized of the case.
ARTICLE 18. OTHER CONDITIONS
Carriage of a passenger and his/her
baggage is also provided in accordance with certain other regulations and conditions
applying to or adopted by the Carrier. These regulations and conditions as varied
from time to time are important. They concern among other things: the carriage of
unaccompanied minors, pregnant women, sick passengers, passengers with reduced mobility,
forbidden items in baggage, limits on measurements, size and weight of baggage, etc.
Regulations and conditions concerning these maters are available from the Carrier
ARTICLE 19. MODIFICATION AND WAIVER
No agent, servant
or representative of the Carrier has the authority to alter, modify or waive any provisions
of these Conditions of Carriage.
otherwise stated in these Conditions of Carriage, or in the Convention or in any other
applicable laws, any dispute regarding the contract of carriage between a passenger
and the Carrier shall be subject to the exclusive jurisdiction of the Courts of Law
of Kiev, Ukraine, with the exclusion of any other Court of Law.