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Conditions of Contract of Carriage
Ukraine International Airlines (UIA), located at the following address:
4 Lysenka Street, Kyiv, 01030, Ukraine
Air carriage on international and domestic flights is performed under this Agreement, and is covered by the Passenger and Baggage Carriage Rules issued by UIA (UIA’s Rules) and the General Conditions of Carriage (Passenger and Baggage) established by the International Air Transport Association (IATA).
CHECK-IN TIME AND PROCEDURE FOR FLIGHT INTERRUPTION
In order to make pre-flight procedures faster and improve services provided to passengers at the airport, the carrier has the right to offer online check-in on its official website or via mobile application. If the passenger has not checked in online within the time limit established by the airline, the carrier has the right to check in such a passenger automatically according to the terms and conditions of check-in. Notification about check-in is sent to contacts given by the passenger during a booking/purchasing. A passenger is obliged to get acquainted with check-in terms and conditions published on carrier’s official website or available at a point of ticket purchase.
A passenger shall arrive for check-in no later than two hours prior to the flight departure.
Passengers check-in ends no later than 40 minutes before the scheduled flight departure time specified on the ticket. Embarkation on board aircraft ends no later than 10 minutes prior to the flight departure. Due to airport procedures and/or rules of the carrier/carriers, check-in and embarkation time limit may be changed. For more information, please contact the carrier or its agent.
A passenger who fails to arrive in due time for check-in and embarkation on board aircraft may be refused carriage.
Checking of passenger’s travel documents (passports, visas, tickets, certificates, insurance policies and other authorizations) and necessary travel funds is performed at the airport check-in desks.
Permission documentation required for travelling shall be checked at the airport by the competent authorities during passenger check-in and control procedures.
A passenger who interrupts a flight or does not arrive for a flight and wishes to use other flights indicated on the ticket shall inform thereof the carrier prior to commencement of check-in, failing which all reservations for the next and return flights will be cancelled.
Carriage performed under this Agreement shall be covered by the Warsaw Convention, 1929 (Convention for the Unification of Certain Rules Relating to International Carriage by Air signed on October 12, 1929) and the Montreal Convention, 1999 (Convention for the Unification of Certain Rules for International Carriage by Air signed on May 28, 1999) which limit carrier’s liability for improper carriage of a passenger and baggage.
Ability and completeness of application of each of the above-mentioned international legal instruments is determined depending on the circumstances of transportation and effect of the international agreement in space and time.
TERMS OF THE AIR CARRIAGE AGREEMENT
1. Terms used in this Agreement shall have the following meaning:
Carriage shall mean carriage of passengers, baggage and cargo performed by an aircraft under the Carriage Agreement. Carriage can be international and domestic.
International carriage shall mean carriage where a departure point and destination point, regardless of whether an interruption in carriage or reloading took place or not, are located either on the territory of two different countries, or on the territory of one country if a stop is planned on the territory of another country;
Domestic carriage shall mean transportation of passengers, baggage and cargo on board an aircraft between points located on the territory of Ukraine.
Ticket shall mean a passenger ticket and baggage check, issued by the carrier (its agent), including an electronic ticket, which include the terms of the Carriage Agreement, notification, flight and passenger coupons. Conclusion of a passenger and baggage carriage is confirmed by issuance of a passenger ticket and baggage check;
Carrier shall mean all airlines that carry or undertake to carry a passenger and their baggage hereunder, or provide other services relating to such carriage;
Electronic ticket shall mean an electronic document that includes itinerary/receipt and electronic coupons, and, if applicable, boarding pass issued by the carrier or its agent;
Electronic coupon shall mean part of an electronic ticket used for carriage on the relevant flight, or any other replacement document held in the carriers' database of computer reservations system;
Special Drawing Rights (SDRs) shall mean an estimated currency used by the International Monetary Fund (IMF) which is converted into a national currency at the official published rate of such currency value as of the appropriate date.
2. The carriage to be performed hereunder and other services provided by an air carrier are subject to the indicated terms, UIA’s Rules and Airline’s fare rules which can be studied on the official web-site of UIA or at the air ticket office, or at any representative office or sales agency.
3. The carrier's name and its location may be abbreviated in the agreement. Full name of UIA is indicated in the UIA’s Rules, Flight schedule and carrier's tariffs.
En-route stopovers are considered the points previously approved by the carrier and listed on the ticket as temporary stopping places on a passenger’s route.
The carriage to be performed hereunder by several successive carriers, subject to an issued complete ticket on condition of one-time booking, is considered as a single carriage.
4. If the contracting (marketing) carrier issues its ticket to be used on air lines (routes) of other operating carriers, such carriers shall be governed by terms and rules indicated in the ticket of the contracting carrier.
5. Each exclusion or limitation of liability of the carrier is applicable to agents, officers or representatives of the carrier and each person whose aircraft is used for transportation by the agents, officers or representatives of such person.
The total amount that can be collected from the carrier, agents, officers, representatives of such person shall not exceed the limits of carrier’s responsibility.
6. Checked baggage shall be received by a bearer of a tear-off coupon of the baggage identification tag. In case of faulty baggage transportation (damage, partial loss, loss) an appropriate report (PIR, DPR), under which a complaint may be filed against the carrier in writing, shall be executed. The claim regarding faulty transportation of a passenger and baggage must be presented to the carrier immediately, but no later than within 7 (seven) days after passenger transportation was completed and baggage received. In case of delay of baggage delivery or passenger transportation, a complaint must be filed no later than within 21 (twenty one) days after passenger transportation was completed or baggage received.
The general period of limitations shall be 2 (two) years. Information regarding the form and procedure for filing a complaint can be obtained from the carrier or at its transportation sales agency office.
7. A ticket issued at normal fare is valid for transportation and for refund of amounts paid within one year from the date of its issuance. A ticket issued at special fare is valid for transportation and for refund of amounts paid prior to the specified therein date of performance of the last flight under the Terms of UIA’s Agreement and the Airline’s fare rules.
8. The carrier has the right to delay or cancel a flight both for commercial reasons and for reasons that do not depend on it. In the event of extraordinary or force majeure circumstances, the carrier may, without notice to a passenger, cancel or delay a flight or cancel previously confirmed reservations.
9. The carrier commits to take all measures necessary to avoid delay in carrying passengers and baggage and perform the carriage within a reasonable time. Time of flight departure and type of aircraft specified on the ticket and in the flight schedule or other published flight schedules are not guaranteed and not required by this Carriage Agreement. The carrier has the right to change the time of flight departure. The ticket seller shall timely inform a passenger of any changes in the flight schedule.
If necessary, the carrier may transfer a passenger to another carrier for transportation and\or replace an aircraft, change or cancel stopovers in the points shown on the ticket. On the eve of flight/flights departure, a passenger has to check the schedule of their performance. The carrier is not responsible for connecting flights that are not listed on the ticket of a passenger.
10. A passenger shall comply with the requirements of the state authorities related to their travel, present exit, entry and other required documents and arrive at the airport to fulfil the obligatory procedures within the period specified on the ticket or established by the carrier. If such period is not specified, then within the period required for a passenger to undergo all airport formalities prior to the flight.
11. None of the UIA’s authorized employees, agents or representatives of the carrier has the right to modify or cancel any provision of this Carriage Agreement.
NOTICE OF LIABILITY LIMITATIONS REGARDING PASSENGER’S IDENTITY
In case of causing death or injury to passengers, liability of the carrier is limited to a size, which may not exceed:
- under the standards of the Montreal Convention 1999, the amount of 113,100 SDRs;
- under the standards of the Warsaw Convention 1929, the amount of USD 20,000 per passenger.
Increase in compensatory provision can be made by a passenger through their life and health, and baggage insurance with an insurance company before the travel. Additional insurance does not change the limits of the carrier’s liability established by the standards of the Montreal Convention 1999, or the Warsaw Convention 1929, or other legal instruments.
NOTICE OF BAGGAGE LIABILITY LIMITATIONS
The carrier bears limited and actually proved property liability for faulty baggage transportation. The declared value of baggage does not apply to certain things and goods.
The carrier is not responsible for brittle, fragile items, breakable or perishable items, electronic equipment (photo-video equipment, computers, data storage devices), software, money, keys, jewellery (precious and semiprecious metals and stones), glasses, antiques, works of art, photos, articles made of fur, technical documents, business documents, securities, medicine a passenger need during a trip, medical documentation, passports and other identification documents, samples, unique or irreplaceable objects, other valuable things. Such items shall be carried as cabin baggage, the passenger assuming responsibility for it, or as checked-in baggage or cargo, at the passenger’s discretion.
The carrier's liability in case of destruction, loss, partial loss or damage to baggage is limited, unless a passenger made a special declaration of interest in delivery and paid an additional fee prior to the time of transfer of the checked baggage to the carrier. If the passenger declares value of baggage, the carrier shall bear responsibility in the amount not exceeding the declared amount, unless it proves that this amount exceeds the actual interest of a passenger in delivery of baggage (cargo).
According to the standards of the Montreal Convention 1999, the carrier’s liability for damage to baggage of the passenger specified in the baggage label is limited to the amount of up to 1,131 SDRs.
According to the standards of the Warsaw Convention 1929, the carrier’s liability for baggage is limited to the amount of USD 20 per kilo (USD 9.07 per pound) for checked baggage, and of USD 400 per passenger for unchecked baggage.
NOTICE OF DELAY LIABILITY LIMITATIONS
The carrier's liability for delay of a passenger arises in case of delay of aircraft arrival for over a reasonable time (five hours for scheduled flights, twelve hours for charter flights).
In case of damage caused by delay in the carriage of a passenger, referred to in the Warsaw Convention 1929, the carrier’s liability is limited to the proved actual material losses amounting to USD 100.
In case of damage caused by delay in the carriage of a passenger, referred to in the Montreal Convention 1999, the carrier’s liability is limited to the proved actual material losses amounting to 4,694 SDRs.
The carrier's liability for delay of baggage arises in case of its failure to arrive at destination point (country) specified in the baggage label together with a passenger.
A) The amount of compensation of actual losses for the articles of prime necessities caused by delay of baggage delivery is limited to USD 50, if such point (country) of destination is not a place of passenger’s permanent residence, and such payment is effected by the carrier upon application of the passenger.
B) Pursuant to a claim filed by a passenger related to delay of baggage delivery:
- referred to in the Warsaw Convention 1929, the carrier’s liability is limited to the proved actual material losses amounting to USD 50, according to the procedure established by the carrier;
- referred to in the Montreal Convention 1999, the carrier’s liability is limited to the proved actual material losses amounting to 1,131 SDRs, according to the procedure established by the carrier.
All pre-payment effected for the benefit of the passenger shall be taken into account during final settlements.
INFORMATION ON DUES/FEES, TAXES AND CHARGES
The cost of passenger ticket is made up of a fare, dues and fees of the carrier, and dues and fees of an airport. Also the ticket price includes dues/fees, taxes and charges established by state authorities of the country of departure, destination and transit. The overall cost of the ticket is the sum of the fare and all dues/fees. Fuel surcharge is constituent part of the fare. Service fee of the ticket seller is not included to the ticket cost.
The carrier, at its discretion and in accordance with the General Transportation Rules, may deny boarding, cancel seat reservation or disembark:
- passengers who do not comply with the passport, visa, quarantine and customs requirements of the countries of departure, destination and transit;
- passengers who do not have a valid ticket (flight coupon) or other supporting documents regarding their further goal of transit/transfer journey;
- passenger whose carrying by air poses a threat or risk to them and/or other passengers or property;
- passengers who show visible signs of disease and those who cause distress to other passengers with their appearance, behaviour or need for special care for them;
- passengers who need personal care during the flight, if they have no relevant accompanying persons;
- passengers who in appearance are under the influence of alcohol or drugs;
- passengers who fail to comply with instructions and orders of crew members;
- passengers who have not paid dues/fees of the carrier or the airport, or dues, taxes and charges established by state authorities;
- passengers who have violated the order according to which flight coupons in the ticket should be used;
- passengers who have committed other violations of laws, the IATA Rules and UIA’s Rules.
Only those passengers who have the required travel documents and money, a valid ticket with the date of departure and return not exceeding the validity term of visa, and whose state corresponds the above provisions may be accepted for carriage.
The responsibility for issuance and availability of all the documents necessary for travel is assigned to a passenger.
In case of denied boarding due to the above-mentioned reasons, a passenger’s right envisages a refund for an unused ticket or part thereof in accordance with the UIA’s Rules and Airline’s fare rules within one year from the date of issue of travel document (if the carriage was not performed on any of the segments) or from the date of the performed carriage, unless otherwise specified in the Airline’s fare rules.
DENIED BAGGAGE CARRIAGE
The carrier may deny the carriage of the following items as baggage:
- items which can cause damage to aircraft, property of other persons, passengers and their baggage;
- items which carriage is forbidden by laws, rules and regulations of state authorities of any country, to, from or through territory of which the carriage is performed;
- items which due to their weight, size, nature, smell or other qualities may cause discomfort to other passengers and may put the flight safety in danger.
The carrier denies to transport animals, except for dogs and cats which can be accepted for carriage only subject to prior authorization of the carrier and compliance with the rules and procedures of such carriage.
ADDITIONAL PROVISION OF THE CARRIAGE AGREEMENT
The passenger may be assigned the administrative and financial liability for damage to the carrier that is provided for by the requirements of Annex No. 9 to the Chicago Convention 1944 (Convention on International Civil Aviation of December 07, 1944), the Code of Ukraine on administrative offences, UIA’s Rules and the legislation of the country of departure / destination.
Information support of the passenger regarding his/her air carriage along all routes shall be provided by the ticket seller.
FREE CHECKED BAGGAGE ALLOWANCE
1. A passenger who has a separate seat is allowed to carry free of charge, per one person, the following:
in business class – 2 pieces of baggage, each with weight up to 32 kg and with total of three dimensions (length + width + height) up to 158 cm; in premium economy class – 2 pieces of baggage, each with weight up to 23 kg and with total of three dimensions (length + width + height) up to 158 cm; in economy class: for the flight, except for those operated to/from USA and Beijing, – 1 piece of baggage with weight up to 23 kg and with total of three dimensions (length + width + height) up to 158 cm; only for flights operated to/from USA and Beijing in economy class – 2 pieces of baggage, each with weight up to 23 kg and with total of three dimensions (length + width + height) up to 158 cm.
2. An infant (a child up to 2 years old, who is not provided a separate seat) can carry free of charge per one person: 1 piece of baggage with weight up to 10 kg and with total of three dimensions (length + width + height) up to 158 cm, and additionally 1 little completely folding baby stroller or portable baby bassinet / child car safety seat certified for transportation by air.
3. A passenger with reduced mobility is allowed to carry free of charge 1 (one) wheelchair on which the passenger depends physically.
A second one and other wheelchairs are transported for a fee on general basis.
4. A fee, pursuant to the corresponding carrier’s baggage fare, shall be charged for any piece of baggage in excess of the above-stated standards of free baggage allowance.
5. A passenger can use a zero baggage allowance which is determined by the fare “NO BAGGAGE”.
FREE CABIN BAGGAGE ALLOWANCE
A passenger can take to the aircraft cabin, assuming responsibility for that, cabin baggage with total of three dimensions (length + width + height) up to 115 cm (45 inches) in the following amount and with the following weight:
- in business class: 1 piece up to 12 kg, and for a long-haul flight 2 pieces with total weight up to 15 kg;
- in premium economy class and in economy class: 1 piece up to 7 kg.
Please note: cabin baggage shall not contain sharp and cutting objects, knives, scissors, needles, and other similar dangerous things.
On UIA code-share flights performed in partnership with other carriers, as well as on routes operated by more than one carrier, the standards for baggage carriage and the rules for excess baggage charges of another carrier may apply.
In any case, the standards for free carriage of baggage stated on the ticket shall be taken into consideration.
DANGEROUS ITEMS, SUBSTANCES AND MEDICATIONS
1. It is prohibited to carry both as hand luggage and baggage the following dangerous items and substances: compressed gases – flammable, non-flammable and poisonous, household gas, butane, oxygen, propane, charged aqualung cylinders; corrosives - acids, alkalis, batteries, mercury and devices that contain mercury; explosives – ordnance, munitions, fireworks, flares; flammable liquids and solids – liquids for lighters and heating, radioactive materials; portfolios and cases with installed alarm devices; oxidizing agents – bleach, peroxides; poisons – arsenic, cyanide substances, insecticides, herbicides; infectious substances – bacteria, virus cultures; and other dangerous items and substances – magnetized materials, aggressive and irritating
2. Upon an advance approval by the airline (no later than 24 hours before a flight), they can allow transportation as cargo or checked baggage in a limited amount and under certain conditions of firearms and its ammunition, dry ice subject to compliance with the international rules of IATA and Ukraine regarding transportation of dangerous cargo.
All kinds of gear (military, hunting, tourist, sporting, etc) shall be transported in checked baggage or cargo.
3. Electronic cigarettes, lithium cells, medications (in the amount required for travel) shall be transported only in cabin baggage.
NOTICE OF CONSENT to personal data processing
The passenger supplies the airline (sales agent) with his/her data: last name, first name, patronymic; date of birth; sex; passport details; numbers of means of communication and other possible reserve contact details, thus authorizes and gives a voluntary and unconditional consent to the processing, storage, disclosure of and access to these data by third parties, the list of which is placed on the airline’s Internet site, including service (handling, catering) companies, airport services, regulatory bodies, security services, other carriers, computer reservation system providers, providers of flight management/control systems and of other systems used by the airline when handling passengers and baggage according to the procedure established by the legislation, including cross-border transfer to non-residents, for the purpose of reservation, issuance of a ticket, transportation or their re-execution, ensuring provision of ground handling services of flights and passengers, implementation of the security control procedure, fulfilment of customs and border clearance procedures, receipt of additional services, arrangement of baggage tracing system and system of warning / detecting fraud with shipping documents, providing assistance regarding entrance/exit along the transportation route, information support of a passenger's journey, conducting marketing activities of the airline and its partners with which the airline has entered into relevant agreements, sending messages (push-messages, Skype, Viber, WhatsApp and other messages sent by means of OTT applications, SMS-messages, messages of another type / method of transmission) to addresses specified in the passenger’s contact details about services of the airline and its partners, about pricing and marketing offers, and other necessary information specified by UIA Rules, and/or for the purpose of implementing other relations which require processing and/or disclosure of, and/or access to the passenger’s personal data in order to timely notify and inform the passenger about transportation.
Passenger’s permit to process his/her personal data involves him/her giving a consent to receive messages (push-messages, Skype, Viber, WhatsApp and other messages sent by means of OTT applications, SMS-messages, messages of another type / method of transmission) sent by UIA at any time by the means of communication specified in passenger’s contact details or via mobile application installed on the passenger’s mobile device with the above purpose, without violating the norms of current legislation of Ukraine, as well as providing to the above-mentioned persons, including non-residents, his/her data which is done for the above-stated purpose without any additional notification, including in case of providing personal data to new persons (contracting parties) due to the fact that the airline enters into new agreements with them which are connected with personal data processing in accordance with the Law of Ukraine on Protection of Personal Data.
Detailed provisions of a Transportation Agreement are set forth in the Rules of UIA which are placed on the website: www.flyuia.com.
Contact Centre of UIA: [email protected] ; tel. +38 (044) 581 50 50.