AIR CARRIAGE AGREEMENT
Private Joint-Stock Company "Ukraine International Airlines" (UIA), located at the following address: 4 Lysenka Street, Kyiv, 01030, Ukraine
(hereinafter – the Agreement)
ATTENTION Air carriage on international and domestic flights is performed by UIA under this Agreement, and is covered by the Passenger and Baggage Carriage Rules issued by UIA (hereinafter – UIA’s Rules), and the General Conditions of Carriage (Passenger and Baggage) established by the International Air Transport Association (IATA), where in case of disagreement the terms and conditions of this Agreement shall prevail.
Purchase of the ticket by the passenger shall mean the acceptance and indicate signing of the Agreement subject to conditions herein.
CHECK-IN TIME AND PROCEDURE FOR FLIGHT INTERRUPTION
A passenger must check-in for the UIA's flight.
A passenger can check in online on the UIA official website or via the UIA mobile application, or contact a check-in desk at the airport of departure in accordance with the Check-in for UIA flights terms and conditions which each passenger must get acquainted with in advance on the UIA official website or at a point of ticket purchase.
If a passenger has not checked in online on their own, UIA has the right to check-in such a passenger for their flight automatically. In which case notification about check-in shall be sent to means of electronic communication given by the passenger when booking/purchasing a ticket. UIA may charge a passenger an extra fee for issuing a boarding pass at the airport of departure check-in desk in cases where UIA offers online check-in for such departure point and/or passengers are checked-in for the flight automatically.
To ensure timely passenger’s notification of any changes in the flight schedule, to provide other necessary information related to carriage, as well as for the UIA to comply with the requirements of the Border Police or other public regulatory authorities, a passenger is obliged to provide his/her reliable contact information, passport and other necessary details for the trip when booking/purchasing a ticket.
If a passenger provides incomplete or false contact and/or passport data to UIA or a sales agent, and/or in case of absence of communication with a passenger by the contact information provided by him/her, UIA will not be responsible for the consequences of untimely notification and informing a passenger about the flight schedule changes or other cases that affect the carriage. In this case, UIA shall not be liable for a passenger's losses caused by such untimely notification and information.
A passenger shall arrive to the airport for check-in no later than two hours prior to the scheduled flight departure. Passengers check-in and baggage handling for the flights at the airport of departure, as well as at the transfer airport, as a general rule, ends no later than 40 minutes before the scheduled flight departure time specified on the ticket. Boarding generally ends no later than 10 minutes prior to the scheduled flight departure time.
The time of check-in and close-out for the passengers and baggage handling may change depending on the terms and conditions of the airport of departure/transfer and a contract with a relevant handling agent. A passenger must get familiar with the detailed information concerning the time of check-in and close-out for the passengers and baggage handling, as well as with other information related to carriage, on the official website of UIA or at a point of ticket purchase. A passenger who fails to arrive in due time for check-in and aircraft boarding may be refused carriage. In this case, a refund for an unused or partially used ticket shall be made as set out in the applicable ticket fare rules and UIA’s Rules. Service fees paid by a passenger will not be refunded.
Checking of a passenger’s travel documents and passenger’s compliance with the terms and conditions of carriage is carried out by the competent authorities during a passenger's check-in and/or 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 including a return flight, shall inform UIA thereof prior to close-out for the flight he/she rejects, failing which all reservations for the next and return flights will be cancelled automatically by the booking system. UIA shall not be responsible for the consequences of such cancellation.
Carriage performed under this Agreement depending on the country of arrival/departure 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) or the Montreal Convention, 1999 (Convention for the Unification of Certain Rules for International Carriage by Air signed on May 28, 1999) which limit a carrier’s liability for improper carriage of a passenger and baggage.
TERMS OF THE AIR CARRIAGE AGREEMENT
- Terms used in this Agreement shall be used in meaning listed in UIA’s Rules, which are available on the official website of UIA or which can be found at the point of ticket purchase.
- Carriage performed under this Agreement, shall be subject to these Terms, the UIA’s Rules and the applicable ticket fare rules, which a passenger is obliged to study on the official website of UIA or at a point of ticket purchase prior to purchasing carriage.
- The carrier's name and its location may be abbreviated in the Agreement.
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.
UIA shall not be liable for deficiencies in carriage that happened in the section of carriage of another carrier(s), including in part of delay or refusal of carriage of a passenger or baggage.
- 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. An operating carrier through which fault carriage was not duly performed shall be liable for servicing and payment of compensation.
- Each exclusion or limitation of UIA's liability for a passenger's and his/her baggage carriage shall be applicable to agents, officers or representatives and contractors of UIA engaged in such passenger carriage under this Agreement. The total amount that can be collected from UIA, its agents, officers, and representatives shall not exceed the limits of carrier’s responsibility, pursuant to the Notice of liability limitations regarding passenger’s identity and the baggage.
- 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) shall be executed by a duly authorized representative of UIA (its agent) on the day of the flight arrival to the place of destination prior to a passenger's leave of the baggage claim area of the airport control area. In case of delay of checked-in baggage delivery and impossibility of its claiming by a passenger in the baggage claim area of the airport and this baggage subsequent delivery to another place indicated by a passenger, a complaint on partial loss and/or damage of the baggage must be filed at the moment of its claiming and inspection by a passenger in the presence of the authorized representative of UIA. On the basis of the PIR report a passenger may submit a written claim to UIA for damages, while the fact of completing the PIR report by itself shall not be a claim application to UIA.
- A claim regarding inadequate transportation of a passenger and the baggage shall be filed immediately, but not later than 7 (seven) days after a passenger transportation has been completed and baggage received. In case of delay of the baggage delivery or passenger transportation, a claim must be filed no later than within 21 (twenty one) days after a passenger transportation has been completed or baggage received. The general period of limitation shall be 2 (two) years for international air carriage.
- Information on the terms, form and procedure for filing and reviewing a claim regarding an inadequate transportation of the checked-in baggage is available on the official website of UIA or at a point of ticket purchase.
- A ticket issued at normal fare shall be valid for transportation during one year from the date of the first flight if the ticket has been partially used, or if the ticket has not been used – from the date of its issuance.
A ticket issued at special fare shall be valid for transportation from the date of its issuance to the date of performance of the last flight indicated in the ticket, subject to the conditions established by such fare.
- UIA shall be entitled to delay or cancel a flight both for commercial reasons and for reasons beyond its control. In the event of extraordinary or force majeure circumstances, UIA may, without notice to a passenger, cancel or delay a flight or cancel previously confirmed reservations.
- Time of the flight departure and the type of the aircraft specified on the ticket and in the flight schedule or other published flight schedules shall not be guaranteed and shall not constitute a binding condition of this Carriage Agreement. UIA shall be entitled to change the flight schedule and time of the flight departure. The ticket seller shall timely inform a passenger of any changes in the flight schedule.
If necessary, UIA may transfer its obligations or their part under this Agreement to another entity, including another carrier, change or cancel the aircraft landing at the points shown on the ticket. On the eve of flight/flights departure, a passenger must check the schedule of their performance. UIA shall not be responsible for connecting flights that are not listed on the ticket of a passenger.
- A passenger shall comply with the requirements of the state regulatory authorities related to their travel, present exit, entry and other required documents and arrive at the airport for obligatory procedures within the period specified on the ticket or established by UIA. If such period is not specified, then within the period required for a passenger to undergo all airport formalities prior to the flight.
- None of the UIA’s authorized employees, its agents or representatives shall be entitled to modify or cancel any provision of this Agreement.
- UIA reserves the right to change the terms of this Agreement unilaterally.
- Replacement of the creditor in the obligation, in the event a passenger has any claims to UIA, shall be done only with the consent of UIA.
NOTICE OF LIABILITY LIMITATIONS REGARDING PASSENGER’S IDENTITY
In case of causing death or injury to passengers, UIA's liability shall be limited to the amount not exceeding:
- under the standards of the Montreal Convention 1999, - the amount of 113,100 special drawing rights (SDRs);
- under the standards of the Warsaw Convention 1929, - the amount of USD 20,000.
Increase in compensatory provision can be made by a passenger through their life and health, and baggage insurance with an insurance company prior to their 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 relevant legal instruments.
NOTICE OF BAGGAGE LIABILITY LIMITATIONS
UIA bears limited and actually proved property liability for faulty checked-in baggage transportation. UIA's liability in case of destruction, loss, partial loss or damage to baggage shall be limited, unless a passenger made a special declaration of interest in delivery and paid an additional fee established by UIA prior to the time of transfer of the checked-in baggage to UIA.
If the passenger declares value of the baggage, UIA 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 the baggage. The declared value of baggage shall not apply to certain things and goods, for which UIA shall not be liable, namely: brittle, fragile items, breakable or perishable items, electronic equipment (photo-video equipment, computers, data storage devices, etc.), software, money, keys, jewellery (precious and semiprecious metals and stones, etc.), 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.
According to the standards of the Montreal Convention 1999, UIA’s liability for damage to baggage of a passenger specified in the baggage label shall be limited to the proved actual damages, but in any case shall not exceed the amount of up to 1,131 SDRs.
According to the standards of the Warsaw Convention 1929, UIA’s liability for baggage shall be limited to the amount of USD 20 per kilo (USD 9.07 per pound) for checked-in baggage, and of USD 400 for unchecked baggage (hand-luggage) of a passenger.
NOTICE OF DELAY LIABILITY LIMITATIONS
UIA's liability for delay of a passenger arises in case of delay of the aircraft arrival for over a reasonable time (five hours for scheduled flights, twelve hours for charter flights).
In case of loss caused by delay in the carriage of a passenger, referred to in the Warsaw Convention 1929, UIA’s liability shall be limited to the proved actual material losses not exceeding the amount of liability established by this Convention.
In case of loss caused by delay in the carriage of a passenger, referred to in the Montreal Convention 1999, UIA’s liability shall be limited to the proved actual material losses amounting to 4,694 SDRs.
UIA'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, and shall be limited to the proved actual material losses.
The amount of compensation of actual losses for the articles of prime necessities caused by delay of baggage delivery shall be limited to USD 50, if such point (country) of destination is not a place of a passenger’s permanent residence or registration. Such payment shall be made by UIA upon application of a passenger.
All pre-payment effected for the benefit of a passenger shall be taken into account during final settlements.
INFORMATION ON DUES/FEES, TAXES AND CHARGES
The full cost of a passenger ticket is made up of a fare, dues and fees of UIA, dues and fees of an airport, dues and fees, taxes and duties established by public bodies of the country of departure, destination and transit. Due to changes in the fuel market price and the price of other payment components of the fare, UIA may establish appropriate changes/surcharges to the fare. Service fee established by UIA or/and its sales agent for the services on provision of the ticket, МСО, ЕВТ, EMD for UIA flights, shall not be included into the ticket cost and paid by a passenger separately with issuance of a document confirming the payment for such services. UIA shall be entitled to charge a fee for providing additional service.
UIA reserves the right to unilateral change of the fare, dues and fees, payment for services rendered to the passengers.
The carrier may deny boarding at any stage of transportation, cancel seat reservation or disembark the passenger, if necessary:
- in connection with the necessity of compliance with the current legislation of the country of departure, arrival or transit;
- at the request of the relevant public bodies of Ukraine or in the country of departure, arrival, transit;<
- in other cases stipulated by the legislation of Ukraine, a country of arrival/departure, and the General Rules of the IATA.
Only a passenger, who have the required travel documents, complies with the requirements of the country of stay, has a valid ticket with the date of departure and return not exceeding the validity term of visa, may be accepted for carriage. The responsibility for issuance and availability of all valid documents necessary for travel and compliance with other requirements to travel shall be borne by a passenger.
In case of denied boarding due to the above-mentioned reasons a passenger shall be refunded for an unused ticket or part thereof in accordance with clauses 5.4.2, 5.8, 12.3, 12.4 and section XX of the UIA’s Rules.
DENIED BAGGAGE CARRIAGE
UIA may deny the carriage of the following items as baggage:
- items which can cause damage to aircraft, property of UIA and 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.
UIA may carry pets that do not bear the potential hazard to passengers, crew, do not affect the safety of operations and are allowed for transportation by the countries of transit and arrival. Transportation of pets shall be performed only subject to prior authorization of UIA during the passenger's purchase/booking of a ticket. The animals must be properly placed in containers/cages, have a valid vaccination certificate and certificate of health, and permission to be imported/exported to the country of destination or transit.
ADDITIONAL PROVISION OF THE CARRIAGE AGREEMENT
A passenger shall be financially liable for damage to UIA, as well as for UIA's losses caused by the review of ungrounded claim of a passenger, including expenses on legal assistance. A passenger's liability shall be determined according to the provisions of Article 49 of the Law of Ukraine "On Private International Law", namely by the law of the state in which the behaviour (actions) or other circumstances, which made the basis for the claim for compensation of damage, took place. If a passenger's place of residence or location is in Ukraine, his/her liability shall be determined by the law of Ukraine.
The tickets seller shall make a passenger aware of the provisions of this Agreement and the UIA’s Rules, and provides information support to a passenger concerning his/her air transportation by all routes. UIA and the ticket seller shall not be responsible for incomplete provision and/or failure to provide a passenger the information regarding his/her air transportation if a passenger failed to submit their contact information to ensure appropriate awareness or provided false contact information.
UIA's response to a passenger's application shall be provided in the same form the passenger used to appeal, and in case the response is provided in writing - by affixing facsimile of the UIA's authorized person.
FREE CHECKED BAGGAGE ALLOWANCE
- Passengers who travel with checked-in luggage and have paid the cost of its transportation in accordance with the established UIA tariff shall be allowed to carry free of charge (per one piece of baggage) up to 23 kg or up to 32 kg, depending on the type of the aircraft, the class of service with a total size of its three dimensions not exceeding 158 cm (62 inches).
- >Free baggage allowance does not apply if a passenger purchased the ticket at fare, which does not provide for the carriage of checked-in baggage. In this case, UIA shall be entitled to establish without consent of a passenger a surcharge for carriage of checked-in baggage, as well as change the amount of such surcharge.
A piece of baggage, which weight exceeds 32 kg, in the absence of UIA's consent to its registration as baggage, shall not be accepted for transportation. Such baggage shall be registered by a passenger for carriage as cargo. In the absence of information on the baggage label on the weight of the piece of checked-in baggage, its weight shall be deemed to make up to 23 kg.
The terms of this paragraph shall apply unless otherwise provided by the rules of application of the fare at which a passenger has purchased the carriage.
- A child up to 2 years old (who is not provided a separate seat), except for the cases of his registration at the fare that does not provide for transportation of checked-in baggage, shall be entitled to carry free of charge 1 piece of baggage with weight up to 10 kg and with total of three dimensions up to 115 cm (45 inches), and additionally 1 little completely folding baby stroller or portable baby bassinet / child car safety seat certified for transportation by air. The size of the seat shall not exceed 42[42 cm (16.5 x 16.5 inches).
- A passenger with reduced mobility is allowed to carry free of charge 1 (one) wheelchair or other kind of supporting equipment on which the passenger depends physically, with a second and other wheelchairs to be transported for a fee on general basis.
- A fee, pursuant to the corresponding UIA’s baggage fare, shall be charged for any piece of baggage in excess of the above-stated standards (number of places/weight) of free baggage allowance.
FREE CABIN BAGGAGE ALLOWANCE
A passenger can take to the aircraft cabin, assuming responsibility for that, cabin baggage depending on the class of service and applicable tariff. Cabin baggage shall not exceed the weight and dimensions allowed to be transported by the UIA rules placed on the official website of UIA.
Cabin baggage that exceeds the free cabin baggage allowance established for the purchased tariff and class of service shall be accepted for carriage as checked-in baggage or for additional fee according to the Terms and conditions of hand luggage carriage placed on the official website of UIA.
Please note: cabin baggage shall not contain sharp and cutting objects (knives, scissors, needles, and other similar dangerous things), as well as any liquids, suspended mixtures, creams, toothpastes exceeding 100 ml (g) in volume per one bottle (tube). The number of items and the allowable volume of individual containers/their total volume in the cabin baggage per passenger may be modified by an authorized body on civil aviation in the country of departure/arrival.
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
- 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 substances with strong persistent odour, as well as any other items and substances identified in the "Technical Instructions for the Safe Transport of Dangerous Goods By Air", ICAO, Doc 9284-AN/905, as the items prohibited for transportation on passenger aircrafts;
- medical products, items and pharmaceuticals, which transportation is prohibited or restricted by any applicable law of any country, to, from or through territory of which the flight is performed;
- goods that are not suitable for transportation due to their nature, weight, size, shape or odour.
- Gas canisters, cartridges for gas pistols and revolvers shall not be accepted for transportation on the passenger flights.
- Upon an advance approval by UIA (no later than 24 hours before a flight), transportation of firearms and ammunition to them, dry ice may be allowed as cargo or checked-in baggage in a limited amount and under certain conditions, 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-in baggage or cargo in compliance with the UIA’s Rules.
- Electronic cigarettes, lithium cells, medications (in the amount required for travel to the extent that they are not forbidden for transportation) shall be transported only in cabin baggage.
NOTICE OF CONSENT to personal data processing
The passenger supplies UIA (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 authorizing and giving a voluntary and unconditional consent to processing, storage, disclosure of and access to these data by third parties, the list of which is placed on the official UIA website, 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 UIA and its partners with which UIA 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 UIA's and its partners' services, about pricing and marketing offers, and other necessary information specified by this Agreement, 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 from UIA of any topic, not violating the norms of current legislation of Ukraine and complying with them, at any time to the telephone number specified by the passenger during booking/purchasing the ticket, or via the mobile application installed on a passenger’s mobile device (depending on the type/way of messages transfer), 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".