Hava Taşımacılığı Sözleşmesi
Private Stock Company "Ukraine International Airlines" (UIA), located at the following address: 4 Lysenka Street, Kyiv, 01030, Ukraine
(hereinafter – the Contract)
In case of discrepancies between the text of the Contract in the Ukrainian language and translations of the Contract into other languages, the text in Ukrainian shall prevail.
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 Rules of Check-In For UIA Flights which a 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 may check-in such a passenger for their flight automatically. In which case notification of 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, or if a sales agent enters incomplete or false contact and/or passport data, and/or if it is impossible to communicate with a passenger using 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.
In order to deal with the formalities related to the departure procedure, a passenger shall arrive to the UIA passenger and/or baggage check-in point and to the security check point having on hand documents necessary for a trip at the time sufficient to check in baggage, to carry out the required pre-flight administrative formalities and to meet the requirements related to passing through customs, sanitary and quarantine, veterinary, phytosanitary, border and other types of control as stipulated by the current legislation of Ukraine and the state of destination, and aircraft boarding
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. 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 only on a passenger’s request as set out in the applicable ticket fare rules and the UIA Rules. Service fees paid by a passenger will not be refunded.
Inspection of documents and passenger’s compliance with the terms and conditions of carriage shall be carried out by the competent authorities during a passenger's check-in and/or control procedures at the airport of departure.
If a passenger refuses to be carried en-route any of the flights segments, thus causing a violation of the flight coupons order established by the UIA Rules, and wishes to use other flight segments or a return flight, such passenger shall inform UIA thereof prior to scheduled departure of the flight he/she refuses to be carried by, and shall re-issue a ticket pursuant to the applicable fare rules.
Carriage performed under this Contract 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).
- Terms used in this Contract shall be used in meaning listed in the UIA Rules, which are available on the official website of UIA or which can be found at the point of ticket purchase.
- Carriage under this Contract shall be performed pursuant to the application rules of the purchased fare which a passenger is obliged to carefully study on the official UIA website or at a point of ticket purchase prior to effecting payment for the carriage. If two or more segments are purchased in one carriage at fares with different application rules, such entire carriage shall be subject to the provisions on refund, change of booking and other rules of that fare which has the greatest extent of limitations
- The carriage to be performed by several successive carriers shall be deemed single carriage if, from the beginning of the carriage, these carriers considered such operation as single carriage regulated by commercial agreements entered into between them, and a conjunction ticket (with successive ticket numbers which one booking comprises) was issued for such carriage. UIA shall not be liable for deficiencies in carriage that happened in the section of carriage of another carrier (other carriers), including in part of delay or refusal of carriage of a passenger or baggage.
- An operating carrier through whose fault the carriage was not duly performed shall be liable for improper carriage and payment of respective 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 Contract. The total amount that can be collected from UIA, its agents, officers, and representatives shall not exceed the limits of carrier’s responsibility.
- Checked-in baggage shall be received by a bearer of a tear-off coupon of the baggage identification tag. In case of faulty baggage transportation (delay, damage, destruction, shortage) an appropriate report (PIR) shall be executed by a duly authorized representative of UIA (its agent) upon passenger’s request, in the presence of a passenger or a representative of the latter, immediately after detection of improper baggage transportation by a passenger and prior to a passenger leaving 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 control area and this baggage subsequent delivery to another place indicated by a passenger, a passenger shall report shortage of and/or damage to the baggage in the baggage receipt documents 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 improper transportation of the baggage shall be filed immediately upon detection of damage (partial loss of baggage), but not later than 7 (seven) calendar days upon receipt of the checked-in baggage. In case of delay of checked-in baggage transportation, a claim shall be filed not later than within 21 (twenty one) calendar days after baggage was delivered to a passenger.
Baggage loss claims shall be lodged against UIA after the baggage is declared lost. Baggage shall be deemed lost if it is not found following the search during 21 calendar days (unless search is extended) from the date following the day on which baggage delivery to its destination point was scheduled. In this case, a claim may be lodged against UIA during 2 years (for international carriage) and 3 years (for domestic flights) from the date of aircraft arrival at the destination point, or from the date on which aircraft arrival at the destination point was scheduled, or from the date when carriage was discontinued.
- 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 a normal fare shall be valid for transportation during one year from the date of the carriage commencement 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 a special fare shall be valid for transportation from the date of its issuance till the date of carriage completion 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 Contract. UIA shall be entitled to change the flight schedule and time of the flight departure. The ticket seller shall timely (as soon as possible) inform a passenger of any changes in the flight schedule.
If necessary, UIA may transfer its obligations, in full or in part, under this Contract 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 ensuring connecting flights for which separate tickets are issued.
- None of the UIA authorized employees, its agents or representatives shall be entitled to modify or cancel any provision of this Contract.
- A passenger may order other services and facilities provided by UIA or its partners. Prior to ordering any services and facilities of UIA or its partners, a passenger must get familiarized with the rules and terms thereof posted on the official website of UIA or its partners’ websites.
- In order to find out if there are any claims against improper fulfillment of the whole scope of the carrier’s obligations hereunder, UIA shall have a right to inquire a passenger of his/her satisfaction with the rendered services by means of, including but not limited to, sending a questionnaire to the passenger, calling the passenger, etc, using the contact information given by the passenger.
- UIA shall reserve the right to change the terms of this Contract unilaterally (using the regulation of a public offer).
- 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.
- UIA shall be liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or bodily injury took place on board the aircraft or in the course of passenger’s embarking or disembarking.
- UIA shall not be able to exclude or limit its liability for the damage sustained in case of death or bodily injury of a passenger upon condition stipulated by paragraph 1 of this Section in the amount of 128,821 SDRs per each passenger under the Montreal Convention 1999 and in the amount of USD 20,000 per each passenger under the Warsaw Convention 1929.
- UIA shall not be liable for damage sustained in case of death or bodily injury of a passenger which exceeds the amount specified in paragraph 2 of this Section upon condition stipulated by paragraph 1 of this Section if UIA proves that:
- such damage was not due to the negligence or other wrongful act or omission of the airline or its employees or handling agents; or
- such damage was solely due to the negligence or other wrongful act or omission of a third party.
- Under the Montreal Convention 1999, in case of death or bodily injury of a passenger, UIA shall immediately, but in any event not later than within 15 days upon identification of the person entitled to compensation, make an advance payment to authorized persons (family members of the deceased/severely injured) in the amount not less than 16,000 SDRs. In order to determine an injury severity level and disablement percentage, the relevant expert commissions (experts) may be engaged both at the place of registration (residence) of an individual, and at the place of dispute resolution.
UIA shall bear limited and actually proved property liability for faulty checked-in baggage transportation. UIA's liability in case of loss, destruction, partial loss of, 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.), watches, glasses, antiques, works of art, photos, articles made of fur, technical documents, business documents, securities, medicine, medical documentation, passports and other identification documents, 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 1,288 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.
UIA's liability for delay of a passenger arises in case of delay of the aircraft arrival for over a reasonable time (more than five hours for scheduled flights or twelve hours for charter flights).
In case of damage caused by delay in the carriage of a passenger, UIA’s liability shall be limited to the proved actual material losses not exceeding the amount of carrier’s liability established by international treaties of Ukraine.
UIA's liability for delay of baggage arises in case of its failure to arrive at a destination point (country) specified in the baggage label together with a passenger, and shall be limited to the proved actual material losses.
In case of damage caused by delay during carriage of a passenger under the Montreal Convention 1999, the airline’s liability shall be limited to an amount not exceeding 5,346 SDRs per each passenger.
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 passenger’s permanent residence or registration. Such payment shall be made by UIA only upon request of a passenger.
All pre-payment effected for the benefit of a passenger shall be taken into account during final settlements.
The full cost of carriage shall comprise a fare, UIA dues/fees, airport dues/fees, other dues/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 cost of carriage 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 shall reserve the right to unilateral change of the fare, dues/fees, cost of additional services rendered to the passengers.
In case if a passenger requests to make a refund of the amount paid for the ticket and such refund is permitted by the UIA Rules and fare application rules, the amount of all unused airport and airline’s fees/taxes shall be refunded to a passenger. The service fee, other fees paid for the services actually provided to a passenger shall not be subject to refund. The cost of other paid services shall be refunded according to the procedure and conditions of their provision, established by UIA or the actual (operating) carrier. To receive funds, the passenger must apply at the place of the ticket or the corresponding service purchase, unless otherwise specified in the rules for the provision of such service.
UIA may deny boarding at any stage of transportation, cancel booking or disembark the passenger, if necessary:
- in connection with the requirement to comply with the current legislation of the country of departure, arrival or transit;
- at the demand of the relevant public bodies of Ukraine or the country of departure, arrival, transit;
- in other cases, stipulated by UIA Rules, including clause 12.2, the legislation of Ukraine, a country of arrival/departure, and the IATA General Rules.
Only a passenger who has the required travel documents (including a valid ticket with the date of departure and return not exceeding the validity term of a visa) meeting the requirements of the country of departure/transit/arrival 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 Rules, except as stipulated in clauses 27.2, 27.3 of the UIA Rules.
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 the 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;
- in other cases, stipulated by UIA Rules.
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.
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 Contract and the UIA Rules, and provide 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, unless the passenger determines another response form, and in case the response is provided in writing, it may have affixed a facsimile of the UIA's authorized person.
- Passengers who travel with checked-in baggage and have paid the cost of its transportation in accordance with the established UIA fare 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 shall not apply if a passenger purchased the ticket at the 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 fare application rules 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 42x42 cm (16.5x16.5 inches).
- A passenger with reduced mobility or with disabilities shall be allowed to carry free of charge up to two mobility aids per one person with disabilities or reduced mobility, including electric wheelchair (provided due notice is given 48 hours prior to the flight, taking into consideration probable space limitations on board the aircraft, and in compliance with the legislation on dangerous cargo). A fee fixed by UIA shall be charged for carriage of a third piece and more pieces of mobility aids per one person with disabilities or reduced mobility
- A surcharge fixed by UIA shall be paid for carriage of any piece of baggage in excess of the above-stated standards (quantity/weight) of free baggage allowance, depending on the applied fare.
- Free baggage allowance, rules of charges for excess baggage of another carrier may be applied for the UIA flights operated under a codeshare agreement with other carriers, and for the routes operated by more than one carrier.
In any case, free baggage allowance indicated in the ticket shall be taken into account.
A passenger can carry in the aircraft cabin, assuming responsibility for that, cabin baggage depending on the class of service and applicable fare. Cabin baggage shall not exceed the weight and dimensions allowed for carriage by the UIA rules placed on the official website of UIA.
Cabin baggage that exceeds the free cabin baggage allowance established for the purchased fare and class of service shall be accepted for carriage as checked-in baggage or for an additional fee according to the Terms and conditions of hand baggage 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 articles). The list of articles prohibited for carriage as cabin baggage and/or restricted for carriage as checked-in baggage shall be placed on the UIA official website. Prior to carriage, a passenger must get familiarized with the said list and comply with the prohibitions and limitations it provides for. Quantity of articles and allowed capacity of certain containers/their overall volume in the cabin baggage per one passenger may be changed by Civil Aviation Authorities of the state of departure/arrival.
Cabin baggage allowance of the actual (operating) carrier shall be applied for the UIA flights operated under a codeshare agreement with other carriers, and for the routes operated by more than one carrier.
1. It is prohibited to carry both as cabin and checked-in 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 (Doc 9284) and/or the legislation of Ukraine, as the items prohibited for transportation on passenger aircraft;
- medical products, items and pharmaceuticals, which transportation is prohibited or restricted by any applicable law of any country, to, from or through the 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.
2. 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 Rules placed on its official website.
3. 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.
UIA shall process your personal data as long as it fulfilled one of the following conditions:
- You gave your consent to personal data processing (including, but not limited to, when and by means of purchasing an air ticket or any other services rendered by UIA, or when dealing with UIA via its contact center/website/ticket office, etc);
- Processing is necessary for the purpose of entering into or fulfilling this Contract, or providing you with any other services and facilities;
- Processing is required pursuant to the legislation of the states to/from which we perform flights.
Special category of personal data is processed either by virtue of a passenger’s consent, or in order to render certain services for which a passenger must provide personal data of such category (for instance, due to a state of health), or in other cases stipulated by the applicable legislation.
UIA renders air carriage services to the majority of the states of the world. We need to have your personal data to execute this Contract, for us and our partners to be able to ensure your comfortable flight and to provide you with other services, including, but not limited to:
- To book and issue an air ticket;
- To make any changes in booking;
- To process incomplete booking and contact you if any problems arose in the course of booking (for instance, to send you a message if booking is incomplete);
- To inform you of the itinerary and any other important information about your booking;
- To ensure your check-in for a flight;
- To inform you of any changes in carriage (for instance, in case of flight delay or cancellation);
- To accept you and your baggage for carriage;
- To provide you with the whole range of our services;
- To be able to inform you of all our special offers of air tickets and other services, including cooperative offers of UIA and its partners;
- To give you access to possibilities offered by the Panorama Club / Panorama Club Corporate;
- To ensure provision of flight and passenger ground handling services;
- To carry out security procedures, customs and border clearance;
- To arrange baggage tracing and warning system operation;
- To provide assistance regarding entrance/exit along the transportation route;
- To ensure information support of your travel;
- To process your complaints and propositions;
- To enhance our services, including by means of inquiring about satisfaction with such services.
It should be noted that we obtain your separate consent to receive from us commercial (marketing) messages, and you can withdraw such consent at any time by unsubscribing from e-mail messages or via the UIA website.
We can also send you push-messages, massages via Skype, Viber, WhatsApp, and other messages sent by means of OTT applications, SMS-messages, messages of another type/method of transmission to inform you of the flight and to get your feedback as to the quality of in-flight services.
We ask you to provide us only with such personal data which is required to render to you the service/facility you have chosen, to send you information and respond to your special request/claim. However, if you wish to provide us with any additional personal data, we can process such data with the required level of protection.
The administrative authority in charge of the personal data protection in Ukraine is the Department for Personal Data Protection of the Secretariat of the Ukrainian Parliament Commissioner for Human Rights. You may submit your complaints or propositions thereto if you believe that your rights are violated due to the processing of your personal data.