Passenger and Baggage Carriage RULES
Private Stock Company "Ukraine International Airlines" (UIA)
Conditions of Contract of Carriage are available here.
These Rules are worked out in line with the international legislation requirements pertaining to organization of air transportation, passenger and baggage handling, the Air Code of Ukraine, Aviation Regulations of Ukraine, and set the rules used in the course of passenger and baggage air transportations by Ukraine International Airlines, standards of and instructions on passenger and baggage handling, procedure for claims management, payment of compensation.
Article I. General provisions
1.1. These Rules are worked out with consideration of the requirements set in the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999 (Montreal Convention), IATA General Conditions of Carriage (Passenger and Baggage), and the International Air Transport Association resolutions and recommended practices, rules related to the organization and administration of business activities associated with international and domestic transportations by air as applicable at the place where they are performed.
Aviation safety is ensured in the course of passenger and baggage transportations by air in accordance with the legislation of Ukraine, in particular, according to the requirements of the Law of Ukraine on the State Programme on Civil Aviation Safety.
1.2. These Rules aim to:
1.2.1. Ensure aviation safety while arranging passenger and baggage transportations by air in accordance with the requirements of statutory instruments worked out on the basis of the State Programme on Civil Aviation Safety approved by the Law of Ukraine No. 545-IV on 20 February 2003.
1.2.2. Establish the general conditions of passenger and baggage transportation by flights operated by the airline with provision of the proper level of flight safety and quality of services, as well as principles and standards of the airline’s responsibility during arrangement and operation of passenger and baggage transportation by air, including services that are related to such transportation.
1.2.3. Set the procedure for provision of the necessary, comprehensible, true and due information to passengers on rules and conditions of passenger and baggage transportation by air giving a possibility for conscious and competent selection of a service prior to purchase of a ticket or ordering handling.
1.3. If an international agreement of Ukraine consent to be bound by which is given by the Verkhovna Rada of Ukraine has set rules other than those provided for herein, the rules of the international agreement of Ukraine shall apply.
Article II. Meaning of terms and definitions used in these Rules
Computer reservation system/ global distribution system (CRS / GDS) shall mean a computer reservations system/global distribution system which provides an information display of schedules, availability and airline fares, and by means of which reservation of air transport services is made.
Airline shall mean the Private Stock Company "Ukraine International Airlines".
Air carrier (carrier) shall mean a business entity that provides services for carriage of passengers, baggage, cargo and mail by air transport: in case of a Ukrainian carrier – on the basis of a license, and an air operator certificate issued by the competent authority for civil aviation of Ukraine; or in case of a foreign carrier – on the basis of the relevant document of the competent authority of another state complying with the provisions of international treaties binding on Ukraine.
The term “carrier” shall also include the airline, staff, representatives and contractors of the carrier, unless it is provided otherwise herein.
Air carrier that conducts activities shall mean a carrier that performs or intends to fulfil a flight under a contract with a passenger or on behalf of another person, legal entity or natural person, has a contract with that passenger, transports or undertakes obligations to transport the passenger and his/her baggage pursuant to a ticket, as well as undertakes obligations to render all other services connected with such transportation, whether or not this legal entity or natural person is an "operating carrier" or "marketing carrier”.
Handling agent shall mean a ground handling entity authorised by a carrier to carry out operations on ground handling of passengers and baggage.
Sales agent shall mean a legal entity or natural person being an entrepreneur carrying out activities on air transportation sale on instructions of a carrier or a general agent under an agreement. Entities that render agent’s services on air transportation sale shall use computer reservations systems when selling air transportation.
Agency agreement shall mean an agreement between a carrier or a general agent and a carriage sales agent determining the character and scope of activities pertaining to sales of carriage by air, responsibility, the extent of commission, the duration and conditions of termination.
Airport of destination (point of destination) shall mean an airport where, as specified in an air transportation agreement, the carriage of a passenger, baggage and/or mail shall end.
Airport of transfer (point of transfer) shall mean an intermediate airport, specified in a traffic document, in which, pursuant to an air transportation agreement, a passenger changes flights and/or baggage (cargo) is loaded from one flight to another.
Property Irregularity Report (PIR) shall mean a document that is drawn up by a baggage tracing agent at the airport in the presence of a passenger or a person authorised by the latter immediately after revealing the fact of delay, loss, missing items, any damage caused to the baggage as result of the carriage.
Baggage (BAG) shall mean items, property and other personal possessions of a passenger that are transported on board an aircraft.
Checked baggage shall mean passengers’ baggage accepted by a carrier under its responsibility for carriage and timely delivery for which the carrier issued a baggage check and a baggage identification tag.
Excess baggage shall mean baggage which weight and/or dimensions are in excess of the free baggage allowance determined by the carrier.
Baggage identification tag shall mean a document issued by a carrier for identification of checked baggage.
Baggage receipt shall mean that portion of a ticket, which ascertains that checked baggage was accepted for carriage.
Unchecked baggage (carry-on baggage) shall mean passenger’s baggage which is carried in the aircraft cabin under an air carrier's permit and under passenger's custody and shall have a special tag (“Approved cabin baggage”, “Carry-on baggage”, “Cabin”, etc).
Unaccompanied baggage shall mean baggage accepted by a carrier for transportation on board an aircraft without an accompanying passenger and is checked with an airway bill.
Transfer baggage shall mean checked baggage of a transfer passenger, which is accepted for transportation from the point of departure to the point of destination, and reloaded at the transfer point.
“RUSH” Tag (urgent transportation) shall mean an identification tag for re-dispatched baggage (unclaimed, mishandled baggage).
Booking (reservation) shall mean an advance booking of a seat on board an aircraft for a specific flight and date for carriage of a passenger or an advance booking of the volume and tonnage on board an aircraft for a specific flight and date for carriage of baggage, cargo.
Exceptional conditions shall mean conditions under which carriage of passengers and baggage is not subject to regular operations and procedures of civil aircraft operation, including conditions under which carriage of peacekeeping contingents, carriage for liquidation of natural disasters or accidents consequences etc. is performed.
Denial of carriage shall mean a carrier’s denial to admit a passenger or his/her baggage for a flight, regardless of passenger’s presence for boarding an aircraft, unless there are the following grounds for denying boarding: health care, flight safety assurance, improper execution of documents required for transportation (passport, visa, ticket, means, permits, etc.).
Loss of baggage shall mean a fact of a non-delivery of baggage to the point of destination which is acknowledged by a carrier after the period of search conducted by the air carrier expires or after 21 days since a passenger filed a statement regarding the missing baggage.
Group transportation shall mean carriage of a group of passengers travelling by the same flight that have a common goal of travel. A minimum group of passengers deemed to be group transportation shall comprise six people.
Deported persons shall mean persons who were officially ordered to leave a country by its authorised agency.
Day shall mean a calendar day.
For the purpose of determining the validity period of transportation documentation, reports and other documents, as well as end date of transportation, statute on limitations on claims, counting starts from “12:00” a.m. of the day following the day when an event occurred or action was committed; remainder of time of this day is not taken into account. If expiry of the periods indicted above is on a holiday or a day off, then the expiry of the period shall be the first business day following it.
Charter agreement shall mean an agreement under which one party (charter) undertakes to grant the other party (charterer) for a fee full or partial capacity of one or several aircraft for one or more flights to transport passengers, baggage, cargo and mail.
Airport operator shall mean a legal entity being the holder of the aerodrome certificate and has a certificate entitling it to carry out activities of ground administration at the airport. An airport operator may also have other certificates and to carry out other types of airport activities.
Electronic ticket shall mean an electronic document, which includes the itinerary/receipt, issued in any manner by a carrier or on behalf of a carrier, electronic coupons and, if applicable, a boarding document.
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.
Applicable laws shall mean laws, resolutions, regulations and orders, as well as other statutory instruments of any state that regulate performance of air carriage of passengers and baggage from the territory, to the territory and through the territory of which carriage of passengers and baggage is performed.
Dues (charges) shall mean a fee fixed by a state, airport or carrier for provision of services associated with air transportation.
Mutilated ticket shall mean a ticket which condition makes it impossible to identify or read information indicated on it.
Mixed transportation shall mean transportation that is carried out using various types of transport under a single transportation document involving air transport.
Stopover shall mean a previously agreed between a carrier and a passenger temporary interruption of transportation at any point, except for departure and destination points.
Interline agreements (Interline) shall mean an agreement of mutual recognition of travel documents and relevant mutual settlement.
Excess baggage ticket (EBT) shall mean a travel document acknowledging payment for transportation of excess baggage, and baggage which transportation is due to be paid for.
Ticket (passenger ticket and baggage receipt) shall mean a travel document, including an electronic one, issued by a carrier (its agent) which contains conditions of a transportation agreement, notices, and flight and passenger coupons.
Compensation ticket shall mean a passenger ticket issued by a carrier using a valid voucher/certificate presented by a passenger and accepted by a carrier in payment for carriage.
Carrier code shall mean conditional alpha or alpha-numeric designation of an air carrier provided by IATA in accordance with the established procedure that is used to identify the air carrier in the CRS/GDS.
Codesharing agreement shall mean an agreement on sharing flights and codes by the airline and other carriers.
Commercial agreement shall mean any agreement between the airline and other carriers, except agency agreements relating to the provision by them of joint services associated with air transportation of passengers and baggage.
Compensation for recourse shall mean compensation of costs at the expense of a third party.
Escorted persons shall mean persons under investigation or convicted and to be transported.
Client shall mean a person that uses air transport or intends to use it.
Itinerary/Receipt shall mean a document (documents) that is (are) part of an electronic ticket and contain(s) necessary data (reservation number, passenger's name and last name, itinerary, flight, date and time of transportation, fare and cost of a ticket, etc), notification and notices.
Method of orthodromic distance route shall mean a method in which the distance between two points on the surface of the globe is measured as the shortest distance in an arc of the great circle which plane passed through the Earth’s centre.
Revenue proration method shall mean a method in which the total income of transportation from the point of departure to the point of destination is distributed to each segment of the route in accordance with the rules of calculation laid down in IATA Prorate Manual Passenger (PMP), Revenue Accounting Manual (RAM) and Resolutions Manual.
Point of departure shall mean a place specified in a ticket where carriage of a passenger and his/her baggage commences.
Point of destination shall mean a place specified in a ticket where carriage of a passenger and his/her baggage is completed.
Montreal Convention shall mean the Convention for the Unification of Certain Rules for International Carriage by Air done at Montreal on 28 May 1999.
Extraordinary circumstances shall mean circumstances that lead to a long delay or cancellation of one or more flights, even if a carrier has taken all reasonable measures to prevent delays or cancellation. Extraordinary circumstances are, including, but not limited to, military operations, act of terrorism, explosion, rebellion or its threat, riots, sabotage, embargo, fire, earthquake, or other natural disasters, weather conditions incompatible with safe performance of a flight, acts or omissions of public authorities, decisions of the authorities administrating ait traffic, strikes, technical obstacles arising from the rejection or failure, breakdown of electricity supply system, telecommunication systems, communications equipment, software, etc.
Online registration shall mean a service of registering for an airline’s flight via Internet in the course of which a passenger confirms his/her intention to travel and his/her presence at the flight, and has a possibility to select a seat on board aircraft and print or download on a mobile device (cell phone, smartphone, tablet, computer, etc) his/her boarding pass.
Miscellaneous charges order (MCO) shall mean a settlement strict accounting document used by a carrier as a receipt when paying for services and dues.
The main and permanent residence shall mean fixed and permanent residence of a passenger at the time of the event. Nationality of the passenger is not a significant factor in determining permanent residence.
Check-in deadline shall mean the time of check-in termination after which passengers that failed to check-in timely are not accepted to travel on the corresponding flight.
Passenger shall mean a person who is carried on board an aircraft with the consent of a carrier under a transportation agreement, except for crew members and additional specialists on board an aircraft, aircraft operator employees, authorised representatives of the relevant national regulatory body and persons accompanying cargo.
Passenger with reduced mobility (PRM) shall mean a passenger whose mobility is reduced during transportation by air due to physical (sensory or musculo-skeletal, permanent or temporary) or mental disability, or due to any other reason, including, elderly age, whose condition requires relevant attendance and fitting his/her special need during passenger handling.
Transit passenger shall mean a passenger who pursuant to an air transportation agreement is transported by the same flight on which he/she arrived to an intermediate airport.
Transfer passenger shall mean a passenger who pursuant to an air transportation agreement arrives to the transfer point with one flight, and is then transported by another flight of the same or of a different air carrier.
Passenger category – DEPA shall mean deported persons accompanied by an authorised officer of the relevant authorities.
Passenger category – DEPU shall mean deported persons who are transported without accompanied escort unless otherwise provided for herein.
Passenger category – INAD shall mean persons who were denied entry to the country.
Passenger coupon (or passenger receipt) shall mean portion of a passenger paper ticket which is to be retained by the passenger after the transportation is completed and which is supplemented with notice concerning the conditions of the passenger transportation.
Confirmed reservation shall mean a reservation that was made in the automated reservations system and confirmed by an air carrier. It is indicated in a ticket (electronic ticket) with ‘’ОК’’.
Transportation by air shall mean carriage of passengers, baggage and/and mail performed by an aircraft on the basis of a corresponding air transportation agreement. Transportation is divided into two categories: international and domestic.
International transportation shall mean transportation where a departure point and destination point, regardless of whether an interruption in transportation or reloading took place or not, are located either on the territory of different countries, or on the territory of one country if a stop is planned on the territory of another country.
Domestic transportation shall mean transportation of passengers and/or baggage on board an aircraft between points located on the territory of Ukraine.
Flight coupon shall mean a portion of a passenger ticket or, in case of an electronic ticket, an electronic coupon, where they indicate the corresponding points of destination and arrival between which the coupon is valid for transportation of passenger and baggage.
Potentially dangerous passengers shall mean the category of passengers who are forced to be transported by air (escorted, deported), accompanied by authorised officers of the relevant authorities.
Damage shall mean physical or chemical changes due to which the value of baggage substantially decreased and/or that made it impossible or difficult to use it fir its intended purpose in the future.
Rules of the airline shall mean rules, instructions and technologies established by the airline which are used during air carriage of passengers and/or baggage, including these Rules, fare rules, standards and guidelines for passenger and baggage handling.
Representative Office of the airline shall mean a division of the airline which is located in another residential place of Ukraine or on the territory of another state, where it represents its interests by virtue of the regulations on the representative office and other internal documents of the airline.
Claim shall mean a written demand of an concerned person for compensation of damages (losses) resulting from domestic or international air transportation.
Flight with overbooking shall mean a flight where the number of passengers that have confirmed reservation and arrived for check-in before the expiry of the check-in deadline exceeds the number of seats available on the flight.
Scheduled transportation by air shall mean transportation by air during which all seats for transportation of passengers, baggage and cargo are available for general paid use, and the transportation is operated between the same points according to the published schedule, or between specified time intervals, or with a frequency that indicates the regularity of flights.
Scheduled flight shall mean a flight which is part of a series of flights involving transportation of passengers and baggage which are available for general paid use and are performed according to the officially approved schedule between the same two or more points, regardless of payload. Regular flights include additional flights of this series approved in the schedule.
Charter flight shall mean a flight that is operated by a chartered aircraft under a charter agreement or an agreement on the sale of transportations by air pursuant to which the carrier provides for a consideration to a third party all or part of aircraft seat capacity for transportation of passengers and baggage and/or cargo by the flight performed along the route, according to the schedule, applying fares and on the conditions indicated in the relevant agreement between the carrier and the third party.
Reasonable measures shall mean appropriate measures taken by a carrier to prevent or minimise passenger damage.
Reasonable time shall mean a period of time, the reasonable limit of which regarding duration of a flight delay when a passenger (baggage) is transported by air amounts to: two hours or more – for all flights with a flying range up to 1,500 kilometres; three hours or more – for all flights with a flying rage from 1,500 to 3,500 kilometres; or four hours or more – for all other flights.
Segment of the route shall mean part of the transportation between two points, which is part of the full route and arranged on one flight coupon.
Service charge shall mean payment for services provided by the carrier or sales agent during reservation or purchase of a ticket via Internet or in the ticket office, in particular, for reservation and ticket issuance, assistance in selecting itinerary, reissuance or return of a ticket, payment for a ticket using certain types of bank cards and other flow of funds transactions, etc.
Special Drawing Rights (SDRs) shall mean an estimated currency unit used by the International Monetary Fund (IMF) and is defined as a currency basket the composition of which is reviewed by the IMF from time to time so that it would reflect a relative value of foreign currencies in the world trade and is effected in the world trade and financial systems.
Special conditions shall mean the conditions of transportation of passengers and baggage that emerge due to discrepancies between provisions of these Rules and of the rules of another country, or if the rules of another country establish a lower level of the conditions of transportation than the one established by these Rules, or if another country requires observance of its rules and as a result implementation of the air transportation agreement is endangered.
Aviation operations entity shall mean natural persons and legal entities, regardless of ownership form, departmental affiliation, that carry out operation in the sphere of civil aviation.
Ground handling entity shall mean an aviation operations entity that renders ground handling services.
Fare shall mean an amount determined by a carrier for transportation of a passenger, one piece of baggage (cargo) along the respective route and for a respective service class.
Fare regulations shall mean fares and the application rules that are established and published by a carrier.
Normal fare shall mean an entirely flexible fare established for the business, premium and economy class of servicing which provides for the maximum flexibility regarding reservation of a seat, execution of a ticket, duration of a stop, stop-over, combination of fares, re-booking and change of the route, denied boarding, etc. Validity term of such fare shall be 12 months.
Special fare shall mean a fare published by a carrier that has certain limitation as far as its application is concerned.
Travel operator (tour operator) shall mean a legal entity which is engaged only in organizing and ensuring creation of touristic products, selling and rendering travel services, and in agency business related to provision of typical and associated services, and which obtain a travel operator license in the established manner.
Agreed stopping places shall mean the points defined on a ticket or shown in the schedule of a carrier as planned stopping places on the route of transportation.
Charter transportation shall mean a non-scheduled transportation by air which is performed under a charter agreement or an agreement on the sale of transportation by air pursuant to which the carrier (charter) provides to another person (charterer) or charterers for a fee a determined number of seats or full capacity of an aircraft to perform one or more flights to transport passengers and baggage, and/or cargo specified by the charterer.
Business Purpose Charter flight shall mean a charter flight for the performance of which the whole capacity of the aircraft is chartered by one natural person or legal entity exclusively for their own needs (without the right to resell the capacity to any third party) for the purpose of transporting passengers and baggage, and/or cargo, and shall not be distributed between other charters. In this case the number of passengers transported may not exceed 15 persons, and cargo may not exceed 2 tons.
ADL (ADULT) shall mean an adult passenger.
API (APIS, Advance passenger information system) shall mean a system for electronic transfer of data about passenger which is used by the Airline and its handling agents.
AVIH (Animal in hold) shall mean animals transported in the baggage hold of an aircraft as checked baggage or as cargo.
Baggage piece concept (РС – ВРС) shall mean baggage piece concept.
Baggage weight concept (BWC) shall mean baggage weight concept.
CHD (Child) shall mean a child of the age from 2 till 12 years.
EMD (Electronic Miscellaneous Document) shall mean a document compiled according to an IATA standard for electronically documenting ancillary revenue of a carrier, that is, all other sales and transactions between carriers and passengers besides electronic tickets (for instance, excess baggage charge, charge for unaccompanied minors, etc.). EMD services may be bound to a certain flight coupon (animal transportation, excess baggage, special catering, etc.) or may be stand-alone ones (taxi, car rent, penalty for exchange, etc.).
ІАТА shall mean the International Air Transport Association
INF (Infant) shall mean a minor under 2 years of age.
MEDIF shall mean medical information form which is issued to a passenger with reduced mobility by a health care institution.
No-show shall mean a passenger who did not arrive for the flight or boarding on the flight that has a confirmed reservation and who did not notify the airline regarding the changes in his/her travel in advance.
PETC (Pet in cabin) shall mean a domestic animal that is transported in the cabin under the full responsibility of a passenger.
Prepaid Ticket Advice (PTA) shall mean teletype, telegraph or postal notice stating that some person has made payments for transportation of another person and asks to issue a ticket for the transportation of another person from another town pre-paid by her/him.
SPEQ (Sporting equipment) shall mean sporting equipment carried on board an aircraft as checked baggage (cargo).
VIP shall mean very important persons defined by the legislation of Ukraine an/or the airline.
Article III. Applicability
3.1. General Conditions of Carriage
3.1.1. These Rules shall apply to any international or domestic carriage of passengers and baggage performed by aircraft for payment or for hire, and to air transportation that is provided for free by the air carrier.
3.1.2. These Rules shall apply to a passenger travelling by airline's flight (flights) pursuant to a passenger ticket. Determination of the airline in the ticket as the air carrier of this flight shall be a confirmation of the existence of a transportation agreement for such a flight between the airline and the passenger who is mentioned in the ticket.
3.1.3. All transportations of passengers and baggage listed in paragraph 3.1.1 of this Article shall be subject to the Rules of the airline and fare regulations valid on the date of the ticket issue (electronic ticket issue), or if it is impossible to determine such date – on the date when the transportation commenced. The rules, fares and dues being valid as of the date of ticket issuance shall be used in the process of passengers and baggage transportation.
3.1.4. The airline’s Rules and terms of fare regulations with changes made after the date of ticket issue can not apply to the agreement on transportation of passenger and baggage without notice sent to the passenger, unless otherwise provided for by applicable laws.
3.1.5. Transportation of passengers and baggage, for which it is impossible to ensure compliance with these Rules, may be carried out by the airline only under special conditions referred to in paragraph 3.2 of this Article.
3.1.6. These Rules shall not be applied for transportation of passengers and baggage carried out under exceptional conditions that are not subject to the normal operations and procedures for transportation of passengers and baggage.
3.2. Special Conditions of Carriage
3.2.1. If an emergency (unforeseen) situation arises due to which the airline fails to fulfil provisions of these Rules as far as it pertains to providing general conditions of passenger and baggage transportation under normal conditions, the airlines is entitled to ensure fulfilment of its transportation obligations using an alternative kind of transport (highway, railway transport etc.) in the manner established by law. The overall level of quality and safety during such transportations must be equivalent to the level that would be provided when complying with requirements specified by these Rules.
3.2.2. Rules of airline's special fares and transportation of certain type of passengers and baggage shall constitute special conditions of transportation.
3.2.3. Discounts on transportation by air eligible for citizens of Ukraine in accordance with the current international and national legislation may be applied to effective special fares of the airline.
3.2.4. Detailed information on the procedure for executing (obtaining) a discount on the effective special fares and on the rules of such discount is placed by the airline on its website and may be provided at points of air ticket sale.
Article IV. Quality assurance of passenger and baggage transportation
4.1. These Rules shall constitute part of the quality assurance program during passenger and baggage carriage.
4.2. New rules, standards, regulations, specifications, technologies, regulations, guidelines of the airline must comply with the general quality assurance program of passenger and baggage carriage.
Article V. Ticket
5.1. Carriage Agreement
5.1.1. A ticket (passenger ticket and baggage receipt) shall be a confirmation of an air carriage agreement conclusion and passenger’s consent to the conditions of passenger and baggage carriage. Absence, falsity of issuing or loss of the ticket shall not affect the validity of the air carriage agreement.
5.1.2. A ticket shall entitle a passenger to be transported by a corresponding flight (flights) and shall oblige the airline to perform the corresponding carriage of the passenger and his/her baggage, and to provide other services related to the transportation, under the terms of the carriage agreement, except as specified in paragraph 5.1.4 of these Article.
5.1.3. Terms of the carriage agreement attached to the ticket shall comply with the requirements of the current international and national legislation being applied, and the General Conditions of Carriage / Passenger and Baggage, IATA.
5.1.4. A passenger shall not be entitled to be carried by a flight if the airline or its authorised person, including its handling agent, holds his/her ticket invalid. A ticket shall be held invalid in the following cases:
a ticket which is presented is damaged or modified not by the airline or by its authorised sales agent;
a ticket is presented with an absent flight coupon on the corresponding flight, all other unused flight coupons and a passenger coupon;
it was found that the ticket was purchased by a false, stolen or invalid payment card (credit card).
5.1.5. Tickets, held invalid through the airline’s fault, will be reissued if necessary. Tickets, held invalid due to the reasons that do not depend on the airline, shall be subject to withdrawal or cancellation without renewal and will not be replaced. In all cases, the airline or the person who represents its interests shall take a respective formal note with a copy, which is provided to the passenger.
5.1.6. Persons who are found on board an aircraft without a ticket, or tickets that the airline or its authorised person, including its handling agent, held invalid will have to disembark the aircraft.
5.1.7. Upon detecting on board the aircraft passengers without tickets, formal note shall be taken and reported to the unit of the authorised agency for civil aviation, which is competent in exercising supervision to ensure aviation security.
5.1.8. A passenger must keep the ticket and other travel documents before the end of carriage, and in the event of a claim, they should keep the ticket and other travel documents until such time as their claim is resolved. A ticket and other transportation documents issued to the passenger should be presented on demand to the officers of the air carrier (airport, handling agent, etc.).
5.2. Lost or Damaged Ticket
5.2.1. In case of loss or mutilation of a ticket (or part of it) by a passenger, upon passenger request the air carrier can replace such ticket (or part of it) by issuing a new ticket, provided the passenger signs an agreement to reimburse the air carrier for any costs and losses in the amount of the original ticket value, which may be incurred by air carrier if the original ticket is used by a third party. If the passenger does not sign such an agreement, the airline shall be entitled to require the passenger to pay full cost of the ticket.
The airline shall be entitled to charge to the passenger a fee for services pertaining to issuing a replacement ticket s, unless the loss or mutilation was due to negligence of the airline (its sales agent or handling agent). The amount of charge shall be determined by the airline and published on its official website.
In case of loss or mutilation of a ticket issued by another carrier, a written permission from this carrier shall be required for replacing such ticket.
5.2.2. The airline shall be entitled to refuse to issue a replacement ticket to the passenger if:
the passenger refuses to sign the agreement mentioned in paragraph 5.2.1. of this Article or refuses to pay a fee for services pertaining to issuing a replacement ticket;
passenger requires issuance of a replacement ticket at the airport on the day of flight operations less than three hours before time of departure of the scheduled flight, or in the hours of flight operation, when the carrier’s office, which must grant approval, is not working.
5.3. Prohibition to Transfer the Ticket
5.3.1. A passenger ticket must be used only for carriage of the person whose last name and name is shown on this ticket.
5.3.2. The airline shall be entitled to demand from the passenger an ID document for the purposes of paragraph 5.3.1 of these Article.
5.4. Validity of the Ticket
5.4.1. Validity of the ticket includes:
general term of the ticket;
validity for transportation
5.4.2. Within the general term of a ticket, a passenger shall be entitled to use the ticket for all transactions, provided for by these Rules, including a seat for a certain flight and date, the refund value of a full or partially used transportation and for other settlements, as prescribed by these Rules or the airline’s fare rules.
5.4.3. The general term of the ticket shall cover the period from the date of issue of the ticket and the expiry of the period specified by the airline’s fare rules for a refund for an unused ticket (part of the ticket).
5.4.4. A ticket with a guaranteed date of departure shall give the right to transport a passenger and baggage from the first airport, indicated in it, airport of transfer, stopover or return flight only on the date and flight indicated in the ticket.
5.4.5. A ticket issued according to a normal fare shall be valid for carriage during one year from the date of carriage commencement if part of the ticket is used, and – from the date of issue if the entire ticket was not used.
5.4.6. A ticket issued according to a special fare shall be valid for carriage only until the date specified in the ticket and on terms set forth by such special fare.
5.5. Prolongation of Validity Term of the Ticket
5.5.1. The validity term of the ticket, regardless of the type of the fare applied, can be prolonged if the airline:
cannot provide a seat for which the passenger has a confirmed reservation;
cancels the flight on which the passenger has a confirmed reservation;
has missed the agreed stopover;
fails to perform the flight within the reasonable terms, over the departure time which is specified in the ticket;
with its actions caused the situation when the passenger fails to transfer to another connecting flight, for which the passenger had a confirmed reservation and which is indicated in the same ticket as the previous flight;
cannot render services according to the paid for class of service, in this case, if the passenger agreed to further transportation, the validity of the ticket shall be extended until the first flight where space is available in the class of service for which the fare has been paid;
received a valid document from a health care institution regarding a disease of the passenger or a member of his/her family that travels with him/her on the aircraft, that makes the travel impossible and provides for a possibility that this passenger can travel after recovery.
5.5.2. If after having commenced the journey, a passenger is prevented from travelling within the period of validity of the ticket due to a disease or other reasons recognized by the airline as a reasonable one, the air carrier may extend the period of validity of passenger's ticket until the date when he/she becomes fit to travel or until the air carrier's first flight after such date, from the point where the journey is resumed where a seat is available in the paid for class of service.
The fact of a disease or other reasons shall be confirmed with a corresponding certificate issued by a health care institution or any other document.
Where there are circumstances that make a further travel of the passenger impossible, the air carrier can similarly extend the period of validity of tickets of people accompanying such passenger.
5.5.3. In the case of death of a spouse or another family member of a passenger who did not commence his/her travel, or death of a passenger en route, persons accompanying such passenger can have the term of tickets extended, and increase in the term up to the time required to stay at the place of the event.
Validity of tickets may be prolonged after the airline receives a duly issued death certificate or any other document confirming the death, and a relevant application, for a period not exceeding 45 days from the death date of the person indicated in the first paragraph of this clause.
For the purposes of these Rules, members of the family of an individual (passenger) shall include his/her parents and parents of his/her spouse, his/her spouse, children of this individual and his/her spouse’s children, including adopted children, guardians, grandparents, brothers, sisters, grandchildren and other dependents recognized as such by law.
5.6. Sequence of Flight Coupons
5.6.1. The airline shall accept flight coupons only in sequence, starting with the first airport of departure specified in the ticket.
5.6.2. The ticket shall be declared invalid, if a sequence of flight coupons has been violated by the passenger, provided that there is no fault of the airline or its authorized agent.
5.6.3. A passenger coupon and all unused flight coupons not previously returned to the airline shall remain with the passenger during a travel and shall be given at the airline’s request. In case of violation of a sequence of flight coupons, the airline can deny transportation and refuse to refund the cost of unused flight coupons.
5.7. Class of Service
5.7.1. The airline shall render servicing to a passenger pursuant to the class of service paid for by him/her. The airline (its sales agent) shall inform the passenger during booking on the facilities available in the respective class.
5.7.2. A passenger accepted for transportation in the class of service specified in the flight coupon on the date of the flight and the flight on which the passenger has a confirmed reservation.
5.7.3. If a ticket is issued to a passenger without a confirmed reservation, a seat shall be reserved upon request of the passenger when he/she is checked in for the flight, provided the corresponding flight has a seat available in the class which was paid for.
5.7.4. The air carrier shall be entitled, for technical or commercial reasons, to raise or lower the class of service. In case of lowering the service class, the air carrier must inform thereof the passenger as soon as possible and offer appropriate compensation subject to paragraph 17.5 of these Rules.
5.8. Term and Conditions of Presentation of Tickets for Refund
5.8.1. Tickets can be produced to the airline for refund of paid amount for partially or completely unused transportation, if the applicable fare rules allow such refund:
before departure; or
during the validity period of ticket for transportation; or
within 30 days after the expiry of the ticket.
The airline can extend the periods indicated in this clause at its own discretion, taking into consideration the circumstances that made it impossible for the passenger to timely present unused, or partially used tickets for refund of paid amounts.
5.8.2. The refund for unused or partially used tickets shall be held in compliance with the applicable fare rules set by the airline.
5.8.3. Termination of the terms specified in paragraph 5.8.1 of this article shall not deprive the passenger of the right to make a claim under the provisions of Article XXIX of these Rules.
5.9.1. The air carrier’s name, except its full name, can also be indicated in a passenger ticket and baggage receipt as PS, its IATA alphabetic code, and as 566, its digital account code.
5.9.2. The airline (its sales agent, or its handling agent) shall advise the passenger during ticket reservation (registration) on the full name of the airline indicated as its codes in the ticket.
Article VI. Stopover
6.1. A stopover shall be allowed only under condition that it is previously agreed with the air carrier and is indicated in the ticket.
6.2. If a passenger holds a ticket issued according to a normal fare, stopovers within ticket validity shall be permitted at any agreed place along the transportation route.
6.3. If a passenger holds a ticket issued according to a special o discount fare and makes a stopover en-route, he/she may be charged an extra fee for such stopover.
Article VII. Fares and charges
7.1. Applicable Fares and Charges
7.1.1. Applicable fares are the fares for a flight or flights, from the point of departure to the point of destination that are indicated in the ticket, valid for the respective class of service as of the day of payment for the ticket, that are established and published by the airline or on behalf of the air carrier (or if they are not published, then they are calculated pursuant to the air carrier fare regulations). Each fare provides the rules of its application, which establish the validity term of the ticket, conditions of application of the fare and refund of unused part of ticket, etc.
Each fare has rules for its application which include the fare validity term, conditions of fare use, refund for unused carriage or its part, other conditions and may include a surcharge which is its constituent part.
Fare rules shall be approved by the airline and placed on its website and at points of ticket sale for passengers to freely get familiar with them.
Each fare approved by the airline may contain a list of additional services rendered to passengers using this fare. A special fare may have certain limitations with regard to passenger and baggage transportation.
If taking a flight performed by the airline a passenger has an intention top carry only such things that can be transported as unchecked baggage (carry-on baggage) and which dimensions do not exceed the allowance determined in paragraph 13.13.5 of Article XIII thereof, the airline shall be entitled to provide a discount on the fare selected by such passenger or set special carriage conditions.
7.1.2. The fares shall not include the transport services between the airport terminals and between the airports and city terminals.
7.1.3. Airport charges (taxes) for the provision of services to passengers when they are at the airport shall be established and approved in accordance with applicable law and published in a form accessible to passengers/users.
7.1.4. Full cost of transportation by air shall consist of the fare with airport charges (taxes) and airline’s charges (taxes). Airport and airline’s charges (taxes) shall not be included in the applicable fare.
The airline may set a change of/surcharge to a fare due to a change in a market price of fuel and other calculated constituent parts of a fare.
7.1.5. Service charge established by the airline and/or its sales agent for services related to issuance of a ticket, MCO, EBT, EMD for the airline’s flights is not included to the carriage cost and shall be paid for by the passenger separately, and the latter shall receive a document confirming payment for such services.
According to the airline’s rules, a service charge may be included to the ticket cost, when it is issued/re-issued at the airline’s ticket offices.
7.1.6. The airline shall be entitled to collect payment for rendering additional services and servicing which are not directly provided for by the legislation of Ukraine.
7.2. Payment of Charges (Taxes)
7.2.1. Airport charges (taxes) and airline’s charges (taxes) established for any services or equipment may be included in the cost of transportation or be paid separately with presentation of the document confirming the payment for these services.
7.2.2. The amount of service charges which may be collected by the airline in the course of issuance or re-issuance of a ticket or MCO, EBT, EMD shall be set by the airline and placed on its website and at points of ticket sale.
7.2.3. The fares, charges (taxes) for transportation by air to/from and within Ukraine shall be published by the airline and airports in the CRS/GDS in the currency, which was approved by the authorised civil aviation authority and agreed upon by the IATA Tariff Coordinating Conference.
7.2.4. Payments on the territory of Ukraine and the exchange rate for the services of air transportation shall be subject to the current legislation of Ukraine.
Article VIII. Passenger and baggage reservation
8.1. Reservation Requirements.
8.1.1. Reservation of passenger transportation on board the aircraft and transportation capacity for extra baggage for a certain flight and date shall be an obligatory condition for passenger and baggage carriage.
8.1.2. CRS/GDS shall be applied for the reservation of transportation on board the aircraft.
It is possible to make the reservation of passenger and baggage transportation by mobile telephone, landline phone, via Internet, using specialised self-service machines and more.
The general condition for the application of such methods shall be reflection of the fulfilled reservation in the airline’s reservations system.
8.1.3. Reservations shall be carried out within the terms and according to the procedures established by the carrier and published on its website or in any other manner determined by the carrier.
8.1.4. Entering contact details of the passenger (e-mail and/or mobile phone number) to the reservation is obligatory in order to ensure carriage. Passport details and other information about the passenger shall be entered to the reservation in accordance with the requirements of public authorities of Ukraine and/or the state to which or through which transportation is made.
8.1.5. The airline or its sales agent, that participated in the reservation process, shall inform the passenger (or his/her representative) of the terms of payment and terms of ticket issue and of possible changes in the flight schedule.
8.1.6. The transportation agreement shall be deemed as not concluded and the reservations shall be preliminary until the passenger (his/her representative) paid the full cost of transportation.
8.1.7. If the passenger has not paid for the ticket within the period determined by the airline or its sales agent, the airline shall be entitled to cancel the reservation without notice to the passenger.
8.1.8. If any information was received from international payment systems and/or bank institutions regarding fraud involving a bank payment card used to pay for the transportation, the airline shall be entitled to refuse carriage of any passenger or cancel reservation at any stage. In this case, if the funds paid by the passenger using this card are not debited to the carrier’s account or blocked on its account, when the carriage is performed, and the passenger provides the evidence confirming the accuracy and legitimacy of use by the passenger of the corresponding bank payment card, the airline may allow transportation of such passenger.
8.1.9. If a passenger does not show up for the flight («No-Show») where he/she has confirmed reservations and fails to inform the air carrier about changes in his/her travel in advance, the air carrier shall be entitled to cancel the reservation for this flight and for the next segments of the route and the return flight.
8.2. Passenger’s consent to personal data processing
8.2.1. In the course of reservation and/or issuance of a ticket, a person voluntarily consents to processing of passenger’s personal data in the manner enabling one to make a conclusion of such consent.
In the course of reservation via the airline’s website, a person consents to processing of passenger’s personal data by placing a mark confirming such consent in accordance with the set processing goal, provided that before such mark is placed, the system does not enable one to process these data.
Effected reservation and/or issuance of a ticket confirms that the passenger has voluntarily consented to personal data processing in the manner stipulated by these Rules.
8.2.2. The passenger provides the airline (sales agent) with his/her data: last name, first name; 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 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/re- issuance of a ticket, transportation, 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, Viber messages, 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 these 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 consent to receive messages sent by the airline on any issue not violating or contradicting provisions of the current legislation of Ukraine at any time to the phone number provided by the passenger in the course of reservation/purchase of a ticket, or via mobile application installed on the passenger's mobile device (depending on the type / method of transmission), as well as giving consent to 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 has entered into new agreements with them which are connected with personal data processing in accordance with the Law of Ukraine on Protection of Personal Data.
8.2.3. A person is obliged to provide the airline or its sales agent with full and true data required for ADULT, INF and CHD reservations, namely: passenger’s last name, first name, date of birth, sex, passport details and visa data (if an advance passenger information programme/API is in effect in accordance with the domestic legislation of the state of arrival).
Besides that, in the course of reservation and/or issuance of a ticket, a person is obliged to notify the airline or its sales agent of the required information with regard to passenger’s special transportation conditions.
It is prohibited to enter to the reservation system contact details of an agent or a third person instead of the contact details of a passenger.
If a passenger provides the airline (its sales agent) with incomplete or false contact details, and/or if it is not possible to contact a passenger using the indicated contact details, and this being documented by the airline or a communications enterprise, the airline shall not bear any liability for the consequences of the passenger being untimely informed and notified of the timetable changes or other cases influencing the transportation.
8.2.4. If a person fails to provide the information envisaged in paragraphs 8.2.2 and 8.2.3 of these Rules in full, and/or provides false information, the passenger may be refused in reservation and/or issuance tickets for a flight/flights of the airline.
8.2.5. The fact of reservation and/or issuance of a ticket effected by a person confirms that the passenger has voluntarily agreed with the reservation conditions.
If a passenger fails to provide or withdraws his/her consent to personal data processing, the airline shall be entitled to refuse to provide the passenger with the service requiring processing of the passenger’s data indicated in this Section and/or refuse to transport him/her.
8.2.6. The personal details database “Passengers” is located at the address: 201-203 Kharkivske Shose, Kyiv, 02121.
8.3. Providing Seats
8.3.1. Reservation of passenger transportation can be made with or without allocation of a specific seat on board an aircraft. For reservations without allocation of a specific seat for the passenger, the number of the passenger’s seat shall be determined when the passenger checks in for the flight.
If a specific seat is ordered in advance or if a specific seat is ordered when a passenger checks in for a flight, the airline shall be entitled to set payment for this service.
8.3.2. The air carrier shall be entitled to change the given place even after boarding of a passenger for reasons of security and technical reasons.
8.3.3. Out-of-turn priority for seat reservations on the flight for certain categories of people shall be defined in accordance with the current legislation of Ukraine and airline’s additions to such list.
Out-of-turn priority for receiving seats on the flight shall be available to:
disabled war veterans of groups 1-3;
disabled workers of groups 1-2;
persons with children under 3 years of age and persons with two or more children under 8 years of age.
8.4. Reconfirmation of Reservation
8.4.1. The air carrier shall be entitled to require passengers to reconfirm their return flight. Reconfirmation of return flights shall be required when a passenger travels by scheduled flights that have connections with other flights (for transit and transfer passengers).
The procedure for confirmation of the return flight shall be defined by the airline in notice regarding terms of an air transportation agreement which constitute an integral part of a passenger ticket.
The ticket’s seller (airline, sales agent) shall inform the passenger of the necessity to reconfirm a return flight.
8.4.2. Reconfirmation of return flights shall not be required if the expected return flight departs in less than 72 hours or if a flight is reserved less than 72 hours before departure.
In the case where the passenger has several segments of a flight, the confirmation shall be required for each segment.
8.4.3. The airline shall inform the passenger when and where he/she can reconfirm the reservation. Non-fulfilment by the passenger of the airline’s requirements regarding reconfirmation of reservation shall entitle the airline to cancel non-confirmed reservation not earlier than 72 hours before departure.
Article IX. Passenger Handling
9.1. Passenger Handling at Airport
9.1.1. The carrier or handling agent, including through intermediary of the airport operator, shall provide passengers at the airport of departure/arrival with visual and acoustic information on:
Time of departure and arrival of the aircraft;
Location, beginning and ending of check-in time;
Delays or flight cancellations and causes of delays and flight cancellations;
Rules and procedure for the inspection of passengers and baggage before and after flights;
General rules for passenger requirements related to border, customs, immigration, health quarantine, veterinary, phytosanitary and other types of controls, in accordance with applicable law;
Place of baggage receipt and actions to be taken by a passenger in case of delay, damage, destruction and lack of baggage.
9.1.2. The airline or a ground handling agent shall provide the following services at the airport:
Registration of passengers for transportation, except passengers who registered for the flight on their own online using software featured (including, with the help of special programmes installed on the passenger’s mobile device) or who were registered for the flight by the airline automatically;
Registration of baggage for transportation;
Ground transportation of passengers, baggage to the aircraft parking area and passenger embarkation on board the aircraft and luggage loading;
Arrangement of passenger disembarkation from the aircraft and baggage unloading, ground transportation to airport arrival terminal and baggage delivery.
9.1.3. Start and end of check-in of passengers (tickets) and baggage for the flight shall be defined by the airline pursuant to paragraphs 11.3-11.4 hereof.
9.1.4. End of passenger embarkation on board the aircraft shall be defined by the carrier.
This time cannot end earlier than 10 minutes before the departure time of the flight indicated in the ticket
9.1.5. Start and end of passenger check-in and embarkation on board the aircraft is indicated in the document provided to the passenger at the time of ticket sale, and/or on the official website of UIA.
9.1.6. The airline shall provide additional services to passengers of business class, in particular:
Passengers are handled at a separate check-in counter. If it is not possible, passengers are checked-in above all others;
If there is a business class waiting room, passengers are offered to use it;
Business class passengers are delivered to/from board the aircraft in accordance with the current legislation.
The airline can provide to passengers of premium economy class (comfort class) the same services free of charge, or collect payment for such services.
9.2. Passenger Handling on Board the Aircraft
9.2.1. The airline shall provide passengers on board the aircraft a package of services depending on the type and arrangement of the aircraft, flight duration, day, time of flight and class of service indicated in the ticket.
The scope of services and the procedure for rendering them shall be determined by the passenger in-flight handling procedures of which passengers can be informed at the point of ticket sale or on the airline’s website.
9.2.2. The airline shall provide for the following on board the aircraft:
equipping the passenger cabin of the aircraft with technical facilities and systems for ensuring passenger safety;
maintaining an appropriate temperature in the cabin;
means of individual use for passengers (passenger reading light, fan, table for meals, system of safety belts, oxygen mask and smoke protection masks, etc);
maintaining the proper sanitary and hygienic condition of the aircraft cabin;
serviceability and completeness of the equipment, tools and passenger handling facilities;
availability of seats for passengers with children and seats where it is possible to install flight baby bassinets;
the possibility for having on board passengers on stretchers and disabled people;
services creating comfort and are appropriate for the flight duration.
9.2.3. The airline shall ensure provision of the following free-of-charge services on board the aircraft:
assistance to passengers during embarkation/disembarkation (searching for the seat, placing cabin baggage, etc);
information services – due and true information is provided to passengers with regard to rules of conduct on board the aircraft, rendered services, flight conditions, use of emergency and safety equipment, location in the cabin of personal protection equipment and inflatable ladder, location of main and emergency exits, disembarkation regulations for emergency situations;
soft drinks (potable water);
first premedical aid;
passengers are provided with bedding and service facilities during the flight in accordance with the current legislation;
provision of periodical (newspapers, magazines, promotional materials);
music program broadcast (if appropriate equipment is on board the aircraft).
9.2.4. Provision of soft drinks (portable water) on board the aircraft shall be carried out by the airline free of charge within the limits of the established standards.
Per each hour of flight minimum standard norm of soft drinks (portable water) shall be 100 ml, if no catering is provided - 150 ml per hour of flight.
During the period from 15 April up to and including 14 October the norm of soft drinks shall be 150 ml, and if no catering is provided – 200 ml per hour of flight.
9.2.5. Hot food shall be available to passengers on board the aircraft both free of charge and at a charge in accordance with standards of the airline. Food and hot drinks may not be provided to passengers, if such conditions are defined by the rules of the carrier or the customer (tour operator) and the passenger is informed of the conditions of service on board before concluding the air transportation contract or purchasing a travel package.
9.2.6. Airline may provide additional services to passengers of increased level of comfort.
The list of such services, procedure for provision and payment are set by the airline. The airline shall inform passengers about such additional services by a method selected by it.
9.2.7. To provide first premedical aid during the flight, the airline shall have on board the aircraft first aid kits in the following amounts:
Number of passenger seats from 0 to 99 - 1 unit;
Number of passenger seats from 100 to 199 - 2 units;
Number of passenger seats from 200 to 299 - 3 units;
Number of passenger seats from 300 and more - 4 units.
9.2.8. The airline (ground handling agent) in case of pre-booking request of passengers with disabilities shall provide his/her transportation on a special wheelchair after check-in to the appointed place on board the aircraft.
9.2.9. The airline shall provide on board the aircraft a wheelchair for moving of passengers with reduced mobility.
9.2.10. Before the flight and throughout the flight the airline shall provide:
heating/cooling the passenger cabin;
supply of hot and cold water to the galley unit and the lavatory;
adequacy of pressure in the passenger cabin and its swift change in accordance with the established standards;
the air temperature in the cabins not less than 18 degrees and no above 25 degrees Celsius;
the passenger cabin to be clean and neat;
continuous monitoring of the passengers complying with the rules of conduct on board the aircraft.
9.2.11. Passengers can be rendered servicing on board the aircraft in the following classes: business, premium or comfort (enhanced economy) and economy class.
1) Passengers of business class shall be serviced in separate cabin located in the forward section of the aircraft. The distance between seats (between the two front legs of chairs) shall be not less than 78.71 cm (31 inches).
The cabin is equipped with an in-flight entertainment system or passengers can be provided with an individual touch-sensitive TV set.
Layout of the business class cabin depends on the type of the aircraft being operated. The number of seats in the business class cabin depends on the layout of the aircraft.
Passengers of business class shall be provided with the following additional servicing: individual set of magazines and newspapers, a blanket, a pillow (regardless of flight duration), a separate lavatory, a warm, wet napkin to clean hands before taking meals, high-calorie meals with a possibility for a passenger to choose meals, choice of alcoholic and soft drinks.
2) Premium economy class (comfort class) shall mean a class of enhanced comfort with the following standards of services: catering, soft drinks, baggage allowance shall be established by the airline.
The cabin of premium economy class (comfort class) shall be located in the forward part of the aircraft behind the business class cabin, if any. This cabin shall be separated from the business class cabin and the economy class cabin with a partition-wall (hard or soft).
Standards of catering, soft drinks and alcoholic beverages shall be fixed by the airline depending on the flight duration and distance.
3) The economy class cabin shall be located behind the business class cabin or premium economy class (comfort class) cabin, if any.
The cabin has standard seats.
The distance between seats (between the two front legs of chairs) shall be not less than 73.66 cm (29 inches).
Services regarding provision of passengers with catering and soft drinks shall be rendered according to standards and rules set by the carrier.
9.2.12. The temperature of appetizers, meals and drinks offered on board the aircraft shall be within the range: hot meals up to +65/70 degrees Celsius; hot beverages up to +75 degrees Celsius; cold meals up to +10/14 degrees Celsius; snacks up to +10/14 degrees Celsius; soft drinks up to +10/14 degrees Celsius.
9.2.13. Food and industrial commodities, and drinks, souvenirs, books and magazines etc. may be sold on board the aircraft.
9.3. Safety Requirements on Board the Aircraft
9.3.1. The aircraft shall be equipped with a required set of rescue equipment and means of emergency evacuation of passengers in an emergency situation.
It is prohibited to take on board the aircraft packaging materials, utensils and equipment for which there are no sockets, racks or special fasteners.
The maximum number of persons on board the aircraft must not exceed the number of seats and chairs equipped with seatbelts.
Before take-off, landing and in special cases, passengers are required to fasten seatbelts, and cabin crewmembers shall control if each passengers is fastened well and securely with them.
Children under two years of age who are carried without a separate seat shall be placed on the lap of adult passengers who have to hold children tightly with their hands
9.3.2. On every flight cabin crewmembers shall provide the following services:
timely and proper information given to passengers about locations of emergency equipment and rules of its use;
familiarizing passengers with safety instructions;
a thorough inspection of all passenger areas of the aircraft for the purpose of detecting foreign objects;
when receiving and accommodating passengers on board the aircraft, to carefully comply with the requirements of centre-of-gravity control, not to let bulky items be placed on baggage racks, not to let any items be placed in aisles, near entrance doors and emergency exits;
during the flight in the zone of turbulence to demand passengers to be in seats with seat belts fastened;
in extraordinary situations to keep control of oneself and confidence of their actions, actions of the cabin crewmembers should be clear, voice calm, words persuasive;
before passengers boarding the aircraft and disembarking from the aircraft, to control if the jet bridge is installed properly;
before takeoff and landing of the aircraft, to control correct installation and reliability of fastening of equipment and utensils;
not to let passengers walk along the cabin when the aircraft ascends and descends;
bassinets for infants shall be installed no earlier than 10-15 minutes after takeoff and shall be taken away no later than 20 minutes before aircraft landing.
The airline shall ensure safety in the cabin, proper and safe storage of hand baggage, baggage, removable equipment, bedding and service facilities.
Article X. Transportation of Special Categories of Passengers
10.1. Transportation of Passengers with Reduced Mobility
10.1.1. Passengers are obliged to decide the ability to carriage independently, and to implement the travel, based on their health.
10.1.2. The air carrier shall bear no responsibility for the aggravation of a passenger or other consequences that can occur with a passenger while boarding, during the flight or ground carriage within the airport because of passenger age or their mental or physical condition.
10.1.3. Passengers whose physical condition causes concern (seriously ill, on a stretcher and others) shall be allowed to air transportation in the case of presentation of the relevant certificate from a health care institution that he/she is not contraindicated transportation by air, and in some cases that his/her disease does not threaten others.
10.1.4. Transportation of the seriously ill and passengers on a stretcher can be carried out only when accompanied by a person who will provide nursing care of such passenger during the flight.
Transportation of the seriously ill and passengers on a stretcher shall be provided by giving them seats on board the aircraft with payment at the rate that is set by the airline.
The required medical qualifications of the person accompanying the seriously ill or the passenger on a stretcher should be determined by the medical institution.
10.1.5. In cases where a passenger on a stretcher cannot be transplanted from a stretcher on to a chair, the possibility of transportation on a stretcher shall be determined in advance by agreement between the airline and such passenger or the person accompanying the passenger.
10.1.6. The airline shall be entitled to refuse to transport a seriously ill passenger and a passenger on a stretcher in the absence of aircraft conditions required for the transport of such passengers.
10.1.7. Request for assistance in transporting a seriously ill passenger and a passengers on a stretcher should be sent to the airline:
for the passenger who is to be carried on a stretcher, not later than 72 hours before departure. The airline shall be obliged to provide a response no later than 36 hours before departure.
for other passengers with special needs, not later than 48 hours before departure. The airline shall be obliged to provide a response no later than 24 hours before departure and to notify the agent who made the reservation and made a request for the appropriate service and to notify the airport of departure, destination and transit.
If the event which caused loss of mobility occurred less than 24 hours before the flight departure, it shall be urgently decided using the phone number of the Contact centre which can be found on the airline’s website whether it is possible to transport such passenger.
10.1.8. Blind and deaf passengers, who are accompanied by a dog shall be placed in areas where there is plenty of space for dogs, in compliance with safety rules. The accompanying dog shall be transported free of charge.
10.1.9. Passengers with disabilities shall be placed on board the aircraft so as to not interfere with emergency evacuation of passengers from the aircraft.
10.1.10. The airline shall take steps to help people with disabilities in order to enable them to:
check in and register baggage;
move from check-in desk to aircraft undergoing immigration, customs and other clearance procedures;
embark the aircraft using the elevator, special wheelchair or other facilities;
move from the aircraft door to his/her seat;
store and take out cabin baggage in the cabin;
move from his/her seat to the aircraft door;
disembark the aircraft using the elevator, special wheelchair or other facilities;
move from aircraft to the baggage hall and receive baggage undergoing immigration and customs clearance procedures;
move from baggage hall receipt to a designated point;
in the case of transfer to move to a connecting flight, getting assistance on the ground and on board the aircraft and, if necessary, within and between the airport terminal;
obtain the necessary information for flights in the acceptable formats;
make a temporary replacement for similar mobility aids in case of damage or loss.
10.1.11. If a person with reduced mobility is assisted by a person accompanying him/her, then that person at his/her request may be provided with the necessary assistance at the airport, during boarding and disembarking from the aircraft.
The airline shall provide (if possible) a seat for such person near the passenger with reduced mobility.
10.1.12. The airline shall provide for transportation of up to two means of transport for a person with disabilities or a person with reduced mobility, including an electrical wheelchair (subject to due advance notification 48 hours prior to performance of the flight, taking into consideration possible limitations of the space on board the aircraft and complying with the legislative requirements pertaining to dangerous cargo).
10.2. Transportation of Pregnant Women and Women in Labour
10.2.1. Pregnant women may be accepted by the airline for transportation, if the term of pregnancy does not exceed 35 weeks, and in case of a multiple pregnancy – 32 weeks and in cases of satisfactory level of health of such women that should be confirmed with a relevant certificate issued by a health care institution stating the pregnancy term and the level of health.
10.2.2. It might be necessary to present to the airline a medical certificate at any stage of pregnancy, if the representative of the airline has doubts about the timing of pregnancy or birth terms expected, or if judging by outside sings the pregnancy is experiencing complications, or woman’s state of health is not satisfactory.
10.2.3. Even if a woman has presented a medial certificate, the airline shall refuse carriage of women in labour and newborns during first 7 days after the labour and birth of a child, and if the birth is expected within 7 days before the carriage.
10.2.4. For transportation of children born before the natural term, their parents or accompanying adults shall be obliged to present a medical certificate for each child, which confirms that it is possible to transport the children by air.
10.2.5. The responsibility for accuracy of the presented medical certificates confirming possibility of travelling by air for pregnant women, women in labour and children lies with those who present them (parents of children or adults accompanying the children).
If health of children, pregnant women is deteriorated or if other adverse effects for their health arise during their air transportation or ground transportation within the airport, all responsibility in this case shall be borne with persons who presented the above-mentioned certificates, parents of children and adults accompanying the children.
10.2.6. If the handling agent who carries out check-in (representative of the airline) has any doubt about the possibility of safe air transportation of a pregnant woman, transportation may be refused.
10.3. Transportation of Children
10.3.1. INF and CHD are considered to be children in terms of carriage by air.
INF who at the date of departure of the flight are under 2 years of age shall be carried without a separate seat according to special fares set by the airline.
CHD who at the date of departure of the flight are under 12 years of age shall be carried on a separate seat according to special fares set by the airline.
10.3.2. Children can be carried both accompanied and unaccompanied by an adult passenger who is not less than 18 years old, subject to the following requirements:
1) the category “child transported unaccompanied” shall be assigned to children aged from 5 to 14 years in case of domestic transportation, and to children aged from 5 to 16 in case of international transportation.
2) children who travel unaccompanied shall be accepted for transportation after their parents or guardians complete the relevant duly executed documents and make payment for services as defined by the airline.
3) Age of a child shall be determined as of the date when the carriage commenced at the airport of departure as specified in the transportation document.
4) Children who at the time of flight departure are under 5 years may be not accepted for transportation without accompanying adults.
10.3.3. Each adult passenger shall be entitled to carry with him/her only one infant without a separate seat. Each adult passenger shall be allowed to carry with him/her no more than two infants – one without a separate place, and the other one on a separate seat, payment for such transportation shall be in accordance with fare set by the airline for transportation of children aged from 2 to 12 years. The infant regarding whom they paid for a separate seat should be carried in a car seat to transport children, certified for use in air transport. In cases where the passenger doesn't have the appropriate car seat and fails to comply with mentioned conditions, the airline shall have the right to refuse transportation of the infant in a separate seat.
10.3.4. Passengers with INF shall be provided with seats equipped with an additional oxygen mask.
10.4. Transportation of Deported and Inadmissible Passengers
10.4.1. The airline shall not be responsible for any refused entry into the country for passengers by the state authority.
10.4.2. Passengers must, at the request of the airline or government authorities, return to the point of departure or to another location (which they are permitted to enter) because of the refusal to enter the country, regardless of whether this country is a point of destination or transit.
In case of return carriage or carriage to another place because the passenger was refused entry to the state, the latter shall pay to the airline the cost of such carriage.
10.4.3. In case stipulated by paragraph 10.4.2. of this Article the airline may use as payment any funds previously paid by the passenger for unused transportation which remained at the disposal of the airline or any other funds of the passenger which remain at the disposal of the airline.
10.4.4. Amounts paid by the passenger for transportation to the point where he/she was refused entry, or she/he was deported from the destination state, shall be non-refundable.
10.4.5. Tickets for the transport of deportees shall be paid by the deportees or governmental authorities of the state that decided to deport such persons to a country of deportation.
10.4.6. Before the transportation commences, the airline must be provided with all information concerning potentially dangerous passengers on the flight that are forced to use air transportation. When escorted persons (persons in custody) are carried on board the aircraft, the appropriate entries shall be made in the relevant flight documents.
10.4.7. The airline may refuse to transport potentially dangerous passengers (escorted persons, deportees, persons in custody) in accordance with paragraph 12.1 of these Rules if such passengers or persons accompanying them do not have the documents required for transportation, or if there are reasons to believe that the potentially dangerous passengers may pose threat to life and health of other passengers, or damage to the safety of the flight.
10.4.8. Deportees shall be transported only in the economy class cabin of an aircraft. Upgrade shall be prohibited for this category of passengers.
10.4.9. Delivery and boarding of deportees, persons inadmissible to the state shall be made prior to boarding of other passengers.
Disembarking of such passengers from the aircraft shall be performed after all other passengers have disembarked.
10.4.10. The service of alcoholic beverages, hot food and metal tableware to potentially dangerous persons shall be forbidden.
10.4.11. The seats reserved for potentially dangerous passengers in the aircraft shall be limited to the rear end of the aircraft cabin.
If possible, potentially dangerous passengers must be separated from other passengers by one or more rows of free seats.
10.4.12. Potentially dangerous passengers shall not be accepted for flights that carry a group of children or VIP persons.
10.4.13. Deported and persons inadmissible to the state shall be accepted by the airline only for direct air transportation under the following conditions:
the relevant state authority which ordered the deportation (departure), not less than 24 hours before the flight departure provided the airline with sufficient information regarding the deported persons (flight number, number of deportees, the reasons for deportation, the presence among the deportees of persons who were brought to criminal responsibility, have pathogenic diseases, or are mentally ill and the list of officials accompanying deportees);
all the necessary documents for admission to the transportation of such persons are provided.
10.4.14. Passengers falling under the categories DEPU and INAD shall be accepted by the airline for transfer air transportation under the following conditions:
reservation of transportation for such passengers is confirmed on all sectors of transfer route;
transfer is not connected with the transfer / movement of such passengers to another terminal or airport;
transfer is not associated with an overnight stay at the point of transfer; the minimum time of flight connections cannot be less than expected for the airport and has to take into account additional time for transportation and accommodation of such persons for transfers to another flight;
the number of category DEPU passengers on one flight is not more than 6 people and none of them, by definition of the authorised agency creates a hazard to the crew and passengers, their transportation can be carried out without convoy. In this case the crew is formed of strong staff and usually includes the involvement of male flight attendants.
If the number of category DEPU passengers per flight is from 6 up to 10 persons, in the interests of safety they should be convoyed by an authorised officer of the competent authority who should be transported as a crew member.
If the number of category DEPU passengers per one flight is over 10 persons, they should be convoyed by two authorised officers of the competent authority who should be transported as crew members.
Authorised officers of the competent authority shall be representatives of law enforcement authorities that perform police functions or staff of security authorities that are responsible for providing security on board aircraft during transportation of the above-stated category of passengers.
10.4.15. Passengers falling under the categories DEPA and INAD shall being in custody shall be accepted for transportation under the following conditions:
such transportation is coordinated with the competent authorities of departure and arrival countries;
the airline at least 72 hours prior to departure is advised in writing about the date and route of transportation of the passenger of the stated category, transportation conditions, the level of risk such person represents and the list of officials who will escort such person;
such transportation is not connected with a transfer of such passengers;
all necessary admission documents for transportation are presented.
The number of transported passengers falling under the categories DEPA and INAD on one flight who are accompanied shall be unlimited. The number of persons accompanying them shall be also unlimited.
Category DEPA passengers being in custody can be accepted for the same flight in number not more than one person per flight and accompanied by at least two security guards (authorised officers of the competent authority).
10.4.16. It is forbidden to separate families of deportees during transportation. In the case of transportation of large families of deportees, at the discretion of the airline it shall be allowed to exceed the maximum number of civil deportees per flight.
Article XI. Passenger and Baggage Check-In
11.1. Passengers shall be accepted for carriage if they have the documents required for a carriage by air and a corresponding ticket issued properly, being paid for in full pursuant to the applied fare.
The passenger shall get familiar with the passenger check-in conditions on the official website of the carrier and/or at the point of ticket sale.
11.2. For transportation of passengers and baggage, the carrier or handling agent shall, under the terms of the carriage agreement, check-in passengers and baggage using the departure control system (DCS).
The airline has the right to offer passengers to check-in online on their own via the official airline’s website and/or using the special mobile device (for Android and iOS devices). If the passenger fails to check-in on his/her own, the airline shall do it automatically in accordance with the rules established by the carrier which are exposed to general knowledge and with which passengers can get familiar in advance on the carrier’s official website and/or at the point of ticket sale.
Check-in notification shall be sent to passengers to the contact details indicated in the course or ticket reservation/purchase.
11.3. Check-in of passengers and baggage for flights at the airport of departure according to the general rules shall start 2 hours and be closed not earlier than 40 minutes prior to scheduled departure.
The start and end time of passenger and baggage check-in can vary depending on the conditions of the departure airport and the agreement with corresponding handling agent.
11.4. The online check-in of passengers for airline’s flights shall start and be closed in accordance with the rules established by the carrier with which passengers can get familiar in advance on the carrier’s official website and/or at the point of ticket sale.
Within the fixed period the passenger can check-in for the flight on his/her own via the airline’s website or using the special mobile device (for Android and iOS devices).
Passengers shall foresee on their own the time needed to check-in baggage, pass the necessary administrative formalities before the flight and perform the requirements established for customs, quarantine, veterinary and phyto-sanitary, border and other types of control stipulated by the current legislation of Ukraine and the state of destination/departure, and to board the aircraft.
If the passenger who was checked-in for the flight online or automatically travels with baggage, he/she shall check-in the baggage at the airline’s check-in counter at the airport.
11.5. For observance of formalities associated with the procedure of departure, the passenger shall arrive at the place where the airline checks-in its passengers and their baggage and to the security check point with the documents necessary for the trip not later than one hour before scheduled departure.
If the passenger arrives to the check-in point and the security check point after the check-in time ends or arrives without the documents necessary for the trip, then the airline shall be entitled to cancel the reservation and shall not be obliged to delay the flight departure.
11.6. Passengers and baggage shall be checked-in based on the ticket, the passenger's identification document and other documents required under the legislation of Ukraine and the country of destination/departure or transit.
11.7. The airline shall verify passenger's documents presented by him/her for transportation. In the absence of the duly executed documents and entry, exit or transit visas required for the passenger's travel, the airline shall refuse his/her carriage. In this case, the refusal to carry a passenger will be deemed voluntary.
11.8. During check-in a passenger will be provided with a boarding pass for the flight where they indicate a passenger's name and last name, IATA code or ICAO code of the airline, flight number, date and time of departure, latest boarding time, the service class and the number of a seat on board.
11.9. The latest boarding time for an aircraft shall depend on the circumstances of flight departure and shall be defined by the air carrier. Passengers shall be informed thereof directly at the airport of departure.
Despite the process of boarding passengers (transportation by bus, telescopic ladder or sleeves, etc.) and the location of the parked aircraft, the end time for boarding passengers at the airports of Ukraine cannot end earlier than 10 minutes before the time of departure.
If a passenger is late for boarding, the airline shall be entitled not to accept the passenger for transportation and shall not be obliged to delay the flight.
In the case of passenger’s delay or no-show for boarding, it shall be deemed that the passenger voluntarily refused to be transported.
11.10. During passengers and baggage check-in, the passenger shall be obliged to present at the check-in desk all his/her baggage and cabin baggage for weighing and external review of it.
11.11. The airline or its handling agent shall indicate the number and weight of the checked-in baggage accepted for carriage on the baggage receipt, and issue for such baggage the coupon of baggage tags.
If the passenger has the ticket in electronic form, information on the number and weight of baggage shall be specified in the electronic registration system and in the Itinerary / Receipt.
11.12. To indicate the special conditions of checked baggage transportation, in addition to the baggage tag there shall be a special warning label without a number.
On items that will stay on board with a passenger during transportation and have been permitted for transportation a special tag ‘Approved cabin baggage’ shall be attached.
11.13. After baggage registration and check-in, the liability for the integrity of checked baggage shall be imposed on the airline.
11.14. For transportation of checked-in baggage that exceeds the baggage allowances fixed by the airline, it shall be charged a fee according to the fare set by the airline.
The payment for transportation of such baggage shall be confirmed by issuance of an excess baggage ticket (EBT) or a Miscellaneous Charges Order (MCO) or EMD.
Article XII. Refusal of passenger and baggage transportation for the purpose of assuring flight safety
12.1. The air carrier shall have the right to refuse transportation at any stage of transportation, cancel reservation or disembark the passenger from the aircraft, if such action is necessary:
in connection with observance of applicable laws of the country of departure, arrival or transit;
to ensure the requirements of the relevant governmental authorities of Ukraine or the state of departure, arrival or transit;
in other cases provided for by the legislation of Ukraine and these Rules.
12.2. For the purpose of ensuring flight safety, the air carrier shall have a right deny transportation at any stage to the passenger / baggage, cancel reservation or disembark the passenger from the aircraft on the basis of its own grounded decisions, if:
1) Due to the passenger’s behaviour, age, psychical or physical condition, there are reasons to presume that the passenger:
requires special aid from the airline which was not orders or which the airline cannot render to him / her due to certain circumstances;
will cause discomfort to other passengers;
will cause emergence of any risk for himself/herself or for other passengers, or property of passengers and of the airline;
2) The passenger did not follow the airline’s instructions associated with assurance of flight safety, comfort and quality of transportation of other passengers; creates inconveniences for transportation of other passengers, in connection with which the airline fails to perform its obligations to passengers that are on board the aircraft;
3) The passenger behaves in such a way that his/her behaviour causes concerns for proper assurance of flight safety during transportation. The passenger demonstrates an aggressive behaviour including threats to other passengers, employees of the airline and the crew;
4) The passenger refuses to undergo inspection by the security service staff of the airline, airport or corresponding state authorities;
5) The passenger may constitute or already constitutes a danger for other passengers (baggage, cargo) or for aircraft;
6) The applicable fare or any charges (taxes) that were to be paid by the passenger, were not paid prior to carriage;
7) The passenger did not present for inspection the documents necessary for the trip;
8) The passenger attempts to enter a country without a valid entrance document;
9) During the flight the passenger damaged the ticket or other identification documents;
10) The ticket presented by the passenger:
is not valid for transportation (in such a case the airline has a right to withdraw this ticket, to hold it invalid and to refuse to return its value);
is purchased from a person that is the airline or is not its agent (in such a case the air carrier has a right to withdraw this ticket, to hold it invalid and to refuse to return its value);
was declared lost, stolen, invalid, contains signs of counterfeit or otherwise causes suspicion (in such a case the air carrier has a right to withdraw this ticket, to hold it invalid and to refuse to return its value);
was purchased using a forged, stolen or invalid payment card (credit card);
has the flight coupon that was corrected by any person that is not the air carrier or its sales agent), or was mutilated (in such case the air carrier has a right to withdraw this ticket, to hold it invalid and to issue duplicate of the ticket, if there are any grounds for that);
has the first unused flight coupon, and the passenger begins his/her trip at any other point of stop on the transportation route in accordance with a new fare that is not coordinated in compliance with the fare regulations of the air carrier (in such a case the air carrier has a right to withdraw this ticket, to hold it invalid and to perform voluntary reimbursement pursuant to the applied fare rules);
11) The person that presented the ticket, cannot identify himself or herself as the person indicated in the ticket (in such a case the airline has a right to withdraw this ticket, to hold it invalid and to refuse to return its value);
12) The passenger has done before any of the actions or violations listed in this clause, and there is evidence that such behaviour may be repeated;
13) The airline informed the passenger in writing in advance that it cannot at any time after the date of such notice transport this passenger by its flights;
14) The passenger has alcoholic or narcotic intoxication.
In all cases when a ticket is withdrawn, the airline or its handling agent shall take a formal note, the copy of which is handed to the passenger and the airline keeps its original.
12.3. The passenger who was refused carriage or further carriage for reasons specified in paragraph 12.1 of this Article shall be entitled to enforce the return of sums paid by him/her in accordance with paragraph 20.2 of these Rules.
12.4. The passenger who was refused carriage or further carriage for reasons specified in paragraph 12.2 of this Article shall be entitled to receive voluntary return of sums paid by him/her in accordance with paragraph 20.3 of these Rules.
12.5. If the airline or its handling agent holds off the passenger for no good reason with regard to control inspection done for the purpose of ensuring civil aviation safety, the airline shall provide for transportation of such passenger by any next flight having vacant seats.
If the passenger refused to be transported by air due to delayed procedure of such control, the airline shall reimburse the ticket cost or its unused part at the passenger’s request.
Article XIII. Baggage
13.1. Applicable System of Baggage Transportation
The airline shall apply the baggage piece concept (РС) for transportation of checked baggage of passengers.
13.2. Baggage Transportation Requirements.
13.2.1. Baggage of a passenger shall be accepted for transportation during its check-in at the airport of his/her departure, transfer airport, airport of his/her stop or any other point of baggage check-in.
13.2.2. Goods of a passenger depending on their quantity, size, weight and peculiarities can be carried as checked baggage and unchecked baggage (hand luggage).
13.2.3. Pieces of baggage weighing up to 32kg, inclusive, for each baggage piece can be transported as checked baggage depending on passengers class of service and the fare selected by the passenger.
Upon prior approval by the airline, pieces of baggage with bigger dimensions and weight can be accepted for carriage.
Baggage pieces which weight exceeds 32kg shall not be accepted for transportation if there is no approval of the airline for checking-in such pieces as baggage, and such baggage shall be checked-in by a passenger for transportation as cargo.
Exception: one wheelchair required for passenger’s moving can be transported as checked baggage free of charge regardless of its size and weight.
The total of three dimensions of a baggage piece (length, width, height) that is presented by a passenger for check-in, shall not exceed 158 cm (62 inches).
If there is no information regarding the baggage weight in the baggage tag, it shall be deemed that the weight of one piece of checked baggage amounts to 23 kg.
The baggage which does not meet the above-mentioned requirements and its transportation as checked-in baggage was not approved by the airline in advance shall be checked-in by the passenger for transportation as cargo.
13.2.4. For passengers having an intention to travel with checked-in baggage who have paid its transportation cost in accordance with the fare established by the airline, free baggage allowance (per one piece of baggage) is up to 23 kg or 32 kg depending on the aircraft type and service class, with the total of three dimensions up to 158 cm (62 inches).
A child up to 2 years of age (without having a separate seat on board the aircraft), except when carriage is performed according to the fare not including carriage of checked-in baggage, shall be entitled to carry free of charge one baggage piece with weight up to 10 kg, which size, taking into account the total of three dimensions, does not exceed 115 cm (45 inches).
13.2.5. The airline shall take measures for transportation of the checked baggage to be on the same aircraft as the passenger and in particular, if applicable legislation requires presence of the passenger during fulfilment of customs clearance procedures related to checked baggage.
If the checked baggage is transported by other aircraft due to reasons beyond passenger’s control (for reason of insufficient capacity in the aircraft, passenger’s delay during baggage check-in, etc.) and checked baggage was not loaded to the flight where the passenger is transported, such baggage shall be checked-in through the appropriate lost baggage service and identified with special baggage tag (RUSH).
Such baggage shall be delivered to the passenger’s destination by the next possible flight in shortest term.
The airline shall deliver such baggage to the place indicated by the passenger free of charge. If it is impossible to deliver delayed baggage and the passenger has to receive the baggage on his/her own, the airline upon passenger’s request shall reimburse transport expenses associated with receipt of baggage if they are duly confirmed.
13.2.6. After acceptance of the passenger’s baggage for transportation, the airline shall undertake responsibility for it, which shall be confirmed by issuance to the passenger of a tear-off coupon of a baggage identification tag with the record detailing the number and weight of pieces accepted for transportation.
If a paper ticket is issued, check-in and acceptance of baggage for transportation by the airline shall also be confirmed by record of a baggage receipt detailing the number of pieces and weight of baggage accepted for transportation.
13.2.7. Starting from the time of baggage handover, baggage shall be the airline’s responsibility until the moment of its receipt, and access to checked baggage by the passenger shall be prohibited, except when its identification or additional inspection by competent authorities is held.
13.3. General Allowance of Checked-in and Cabin Baggage Transportation
13.3.1. A passenger shall have a right to transport a certain amount of his/her free checked baggage and cabin baggage within the limits established by the airline in accordance with these Rules, applied fare and/or class of service.
13.3.2. Baggage allowance and transportation cost for checked baggage, cabin baggage including goods that are under passenger’s control and responsibility, shall be established by the airline depending on the aircraft type and the transportation fare paid for by the passenger.
13.4. Baggage allowance and excess checked baggage charges according to the Baggage Piece Concept (PC)
Checked baggage allowance according to the Baggage Piece Concept (PC) shall be applied to all flights operated by the airline, including charter flights.
If the passenger’s route comprises of more than one segment and transportation along this route is performed by different carriers, then checked baggage allowance and rules of excess baggage charges along such route shall be determined in accordance with IATA resolutions.
Exception: in case of carrier’s flights performed under a code sharing agreement, checked baggage allowance and rules of excess baggage charges of the carrier that operates the flight shall apply.
Note: in any case, free checked baggage allowance indicated in the ticket shall be taken into account.
13.4.1. Baggage allowance and charges regarding flights performed by UIA
Checked baggage allowance according to the Baggage Piece Concept (PC) for all flights operated by the airline, including charter flights and flights along routes, shall be determined by the airline.
1) Special conditions if checked baggage transportation by the airline’s flights
Infants (children under 2 years of age)
Checked baggage free allowance – 1 piece: the maximum weight up to 10kg / the total of three outside dimensions (length + width + height) not exceeding 115 сm (45 inches) + 1 small fully-collapsible baby stroller, or 1 baby bassinet, or 1 child safety seat, irrespective of service class.
Passengers with reduced mobility
A passenger can transport free of charge 1 wheelchair and other assisting devices he/she is physically dependent upon, irrespective of service class.
The same free baggage allowance applied to checked baggage in accordance with the applied fare shall apply to sporting equipment.
Arms and ammunition
The same free baggage allowance applied to usual checked baggage in accordance with the applied fare shall apply to arms, a container with ammunition accepted for carriage must be up to 5 kg.
The same free baggage allowance applied to checked baggage in accordance with the applied fare shall apply to musical instruments.
Carrying of animals is always subject to payment.
2) The airline determines the amount of excess baggage charges for all of its flights.
The airline has the right to collect a service charge for effecting payment for excess baggage.
If several payments with different parameters of exceeding baggage allowance are applied to the checked baggage, one should pay their total amount.
13.4.2. Free baggage allowance shall not cover the following:
passenger goods irrespective of their name, dimensions of which do not correspond the dimensions mentioned in paragraphs 13.2.3, 13.4.1 of this Article;
TV sets, recorders, radio set and other electronic equipment where weight of one piece of such baggage exceeds 12 kg;
flowers, young plants, nutritive greens, dry plants, branches of trees and bushes which total weight exceeds 5kg;
correspondence being accompanied by state messengers;
animals (domestic or wild), birds, bees and other living creatures, unless as otherwise provided herein;
passengers having no checked baggage in accordance with the rules of applied fare.
13.4.3. The airline can extend the list of items, which are not covered by the free baggage allowance.
13.5. Declared Baggage Value
13.5.1. A passenger shall have a right to declare the value of his/her baggage before check-in and his/her carriage if there is the consent of the airline for transportation of checked baggage with a declared value.
13.5.2. Value of baggage, which is subject to transportation, shall be declared separately for each piece of baggage.
In the case of checked baggage value declaration, the passenger shall pay a fixed fare before the airline accepts such checked baggage for transportation.
13.5.3. As confirmation of payment for checked baggage carriage with declared value, the airline shall issue for the passenger a miscellaneous charges order (MCO) or an excess baggage ticket (EBT) or EMD.
The above-mentioned documents shall contain the route of baggage carriage with declared value, number of the baggage tag, name and last name of the passenger (owner of the baggage with declared value).
13.5.4. Value of the baggage shall be estimated by an expert of the appropriate Chamber of Commerce and Industry with drawing up an inventory list and record of evaluated things of such baggage in four authentic copies, the fourth copy shall be kept by the institution.
Copies of the record describing evaluated things shall be signed by the authorized expert and the owner of the baggage, and certified with the stamp of the institution.
The first copy of the evaluated things record shall be kept by the baggage owner, the second copy shall be given to the airline (its authorised representative), the third copy shall be attached to evaluated baggage at the airport of departure after they verify if the evaluated things contained in such baggage correspond the information of the certified description.
Evaluated baggage (baggage piece) shall be locked in the presence of the baggage owner and the authorized representative of the airline, and the locks shall be securely packed in a foil by the wrapper at the airport of dispatch, and, with participation of the parties to the agreement on carriage of baggage with declared value, it shall be registered at the passenger and baggage check-in desk and accepted by the airline for transportation.
13.5.5. In cases when such baggage is lost, the airline’s responsibility shall be limited to its declared value, except in cases where the airline can prove that the amount requested by the passenger exceeds actual passenger’s interest in baggage delivery.
13.5.6. A passenger also shall have a right to additional insurance of his/her baggage before its check-in and transportation with an insurance company he/she selects.
13.6. Requirements to baggage package
13.6.1. Every piece of baggage must have intact and proper packaging that ensures its safekeeping during transportation and handling, and makes impossible to cause damage to passengers, cabin crew, third persons, aircraft, baggage of other passengers or other property, and also excludes the possibility of free or accidental access to baggage content by outside persons.
Baggage that does not meet the requirements of this paragraph will not be accepted for transportation.
Good and proper condition of baggage packaging shall be determined by the airline.
13.6.2. Any baggage, which has outside damages that do not affect its integrity during transportation and handling and cannot cause damage to passengers, cabin crew, third persons, aircraft, baggage of other passengers or other property, may be accepted as checked baggage with the airline’s consent.
Details about the presence and damage type of the baggage shall be indicated on a baggage receipt (tag) by the airline or its handling agent and may be confirmed also by the passenger.
13.6.3. The airline or its handling agent have a right to require the passenger to additionally pack his/her baggage.
13.7. Restrictions on Items Accepted for Transportation as Checked and Cabin Baggage
13.7.1. Items forbidden for transportation as baggage:
any goods, items, liquids and other substances which could possibly create a risk to the health of passengers, or affect the safety of the flight or property of the airline or to other passengers at the time of transportation, in particular: compressed gases – flammable or non-flammable, or poisonous, household gas, butane, propane, oxygen, charged gas cylinders for diving; corrosives – acids, alkali, rechargeable batteries, mercury and devices that contain mercury; explosives – ammunition, fireworks, signal flares, flares; flammable liquids and solids – liquids for lighters and heating; radioactive materials; brief-cases and cases with a built-in warning device; oxidizing agents – bleach, peroxides; poisons – arsenic, cyanide substances, insecticides, herbicides; infectious substances – bacteria, virus cultures; other dangerous items and substances – magnetized materials, aggressive and irritating substances with a strong long-lasting odour, as well as any other items and substances, which are determined in the “Technical Instructions for the Safe Transport of Dangerous Goods by Air”, ICAO, Doc 9824-AN/905, as such that are forbidden for transportation on passenger aircraft;
any goods, items and pharmaceutical drugs for which transportation is forbidden or restricted by applicable laws of any country, from the territory of which, on the territory of which, or through the territory of which the flight will be operated;
any goods not suitable for transportation due to their nature, weight, dimensions, form or smell.
Tear gas sprays, cartridges for gas pistols and revolvers shall not be accepted for carriage by passenger flights.
13.7.2. It is forbidden to transport live or dead animals and birds, except in cases specified herein.
13.7.3. The air carrier shall not bear responsibility for fragile, brittle items, breakable and perishable items, electronic equipment (including photo, video and computer equipment, storage devices), computer software, money, keys, jewellery (precious, semi-precious metals and stones), glasses, antiques, artwork, photographic, furs, technical documentation, business papers, securities, medicines a passenger need during the trip, medical documentations, passports and other identification documents, samples, unique or irreplaceable items or any other valuable items.
The above-listed items shall be transported under passenger’s responsibility in cabin baggage or, at passenger’s discretion, in checked baggage or cargo.
Electronic cigarettes, lithium-ion batteries, lithium cells, medications (in the amount required for travel) shall be transported in cabin baggage.
13.7.4. Upon an advance approval by the airline (not 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, carbon-dioxide 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), ammunition and other weapon, including antique firearms and cold steal, cutting and thrust items shall be transported in checked baggage or cargo.
The amount of ammunition and gunpowder for transportation by natural persons as cargo shall not exceed the following weight:
cartridges for firearms of all calibres - 5kg;
smokeless gunpowder and its products - 5kg;
smoke gunpowder - 5kg;
products of smoke gunpowder - 5kg;
caps - 5kg.
Such items shall be checked by authorised competent persons, properly packed and must be transported with issuance of appropriate documents, which allow their export/import and transit to the country of destination.
The responsibility for the results of improper fulfilment of the above-mentioned procedures shall be imposed on the passenger.
13.7.5. A passenger shall have a right to include into checked baggage:
his/her home appliances, alcoholic drinks, food, nonradioactive items for medical purposes and toiletries, items of daily necessities including containers with sprays for medical purposes and other items, and materials allowed for transportation by the competent supervisory authorities within established dimensions and number for one person according to “Technical Instructions for the Safe Transport of Dangerous Goods by Air” (ICAO, Doc 9824-AN/905).
13.7.6. If the passenger wishes, the airline can transport things (items) listed in paragraphs 13.7.1, 13.7.5 of this Article as unaccompanied baggage (cargo) subject to requirements set forth in paragraph 13.7 hereof.
13.7.7. The airline may allow to transport the required amount of medications in cabin baggage if there is confirmation that a passenger has to take them during the flight.
13.8. Right to Refuse to Accept Baggage for Transportation
13.8.1. The airline shall have a right of refusal to accept baggage for transportation as checked, if it is not properly packed in valises with locks or in other relevant containers which ensure its safe transportation and handling with usage of standard means of baggage (cargo) handling.
13.8.2. The airline also shall have a right and may deny transportation or further transportation of baggage, after it has come to the conclusion on the basis of the respective documents, that such items may contain prohibited materials or items.
The airline shall not be obliged to take under its control and bear the responsibility for goods or items, which it refused to accept for transportation as baggage.
13.8.3. The airline, upon a passenger’s request, can transport items determined in paragraphs 13.7.1, 13.7.2 and 13.7.4 of this Article as unaccompanied baggage (cargo) taking into consideration requirements of paragraph 13.12 of this Article.
13.8.4. Checked baggage of the passenger who failed to show up for boarding shall be obligatory disembarked from the aircraft.
13.19. Right of Inspection
13.9.1. With the purpose of ensuring flight safety and detection of items listed in paragraphs 13.8.1 - 13.8.4 of this Article, the airline shall have a right to demand a passenger to undergo security inspection which is carried out by the aviation security services of the airline and the airport, and to submit his/her baggage for inspection (search), and the airline shall have a right to inspect, or to organise inspection of baggage in absence of a passenger.
If the passenger refuses to satisfy such requirements, the airline may deny transportation of the passenger (his/her baggage).
13.9.2. The airline shall not bear responsibility for any damage caused to a passenger or his/her baggage if during X-ray inspection or other type of scanning items prohibited for carriage are detected, except in cases of airline’s negligence.
13.10. Excess Baggage, Non-standard and Bulky Baggage
13.10.1. Excess and bulky baggage of weight that exceeds 23kg but is no more than 32kg (one piece) shall be accepted for transportation at a passenger’s request and only with the airline’s consent, if spare capacity is available on board the aircraft and if the passenger pays for transportation of such baggage, except when such transportation was in advance agreed with the airline and paid for.
13.10.2. Baggage transportation that exceeds the maximum free baggage allowance established by the airline shall be paid by a passenger before its transportation. Information and requests for payment of excess baggage shall be provided by the airline (its sales agent and/or handling agent) during reservation of the seat on the flight and upon passenger’s check-in.
13.10.3. Special types of baggage such as technical equipment, sporting equipment, musical instruments, weapons and ammunition, and also bulky baggage, animals and birds shall be accepted for transportation only with a prior consent of the airline and if there are special conditions on board the aircraft and spare capacity available for transportation of such baggage.
13.10.4. A passenger shall meet all special requirements established by supervisory authorities and conditions of such baggage carriage, and make payment for baggage transportation according to the standards provided for by the airline.
13.10.5. If there is no possibility to transport non-standard and bulky baggage as checked baggage, a passenger shall in advance check in such baggage for transportation as cargo.
13.11. Procedure for Baggage Payment
13.11.1. Carriage of baggage shall be paid for by the passenger at the applied fare effective as of the day of issuance of an excess baggage ticket (EBT), or issuance of MCO or EMD and the date of flight departure according to the ticket.
A passenger may make the above-mentioned payment in advance or directly at the airport during check-in.
13.11.2. If at the point of the aircraft’s departure a passenger presented for transportation the baggage in quantity that is less than what was paid for in advance, the difference in payment between the paid for and actual weight of the baggage shall be refunded to the passenger.
If at the point of departure a passenger presented for transportation more baggage than he/she paid for in advance then such baggage shall be accepted for transportation after relevant additional payment has been made.
13.11.3. In the case where the aircraft load limit has been exceeded, or in absence of free tonnage, the airline, notifying the passenger thereof, shall have a right to send his/her baggage by its first available flight, or by a flight of other carrier.
The airline shall on its own determine the baggage which will be transported by the next flight or by another carrier’s flight.
13.11.4. The airline shall have a right to refuse a passenger transportation of his/her baggage due to his/her failure to pay fares and charges established by the airline.
13.12. Unaccompanied Baggage.
13.12.1. If the passenger wishes so and subject to the airline’s consent, his/her baggage can be transported as unaccompanied baggage as cargo.
13.12.2. Unaccompanied baggage shall be accepted for transportation between the same points as the passenger is travelling according to ticket and only after customs and other procedures related to baggage were completed by passenger in person.
13.12.3. Transportation of unaccompanied baggage shall be processed in advance by the passenger at the office of the airline’s cargo transportation directorate. An airway bill shall be issued for such baggage accepted for transportation.
Carriage of the above-mentioned baggage shall be performed according to the Rules of cargo air transportation.
Payment for carriage of such carriage shall be made by a passenger based on fares established by the airline.
13.13. Cabin Baggage (Unchecked Baggage)
13.13.1. Items that have weight and dimensions specified by the airline which allow their safe placing in the cabin of aircraft on baggage shelves or under the seat shall be accepted for transportation as cabin baggage.
Cabin baggage shall not exceed the size which comprises of the total amount of three dimensions: length 55cm + width 40cm + height 20cm, thus, no more than 115 cm (45 inches) and with the weight up to 7 kg, inclusive.
It is forbidden to place hand baggage and items allowed for transportation in walkways of the aircraft cabin.
13.13.2. Items, which do not comply with the established airline’s requirements regarding dimensions and weight of hand luggage, or which are not allowed for transport in the passenger cabin of the aircraft shall be considered and registered as checked baggage.
13.13.3. Hand luggage shall not contain cutting or sharp items: knives, scissors, needles, knitting needles and other cutting and sharp items.
It is also forbidden to bring on board the aircraft any liquids, suspensions, creams or pastes with a volume of more than 100ml (grams) each.
The total volume of the above-mentioned substances in hand luggage packed in containers of maximum capacity of 100ml (grams) each shall not exceed 1l (1kg) per passenger.
The permission regarding the quantity of items and volume of substances (which are not forbidden to transport) in hand luggage for one passenger may be changed by authorised civil aviation authority.
13.13.4. Hand luggage shall be under passenger’s control, custody and responsibility during the whole carriage.
13.13.5. Cabin Baggage Allowances
|Class of service||
Regardless of the class of service
One piece of hand baggage: weight up to 7kg, dimensions
Regardless of the class of service
If travelling with an infant (a child under 2 years of age) a passenger can additionally bring into the aircraft cabin 1 bag (per each infant) with weight up to 5 kg and dimensions up to 55 х 40 х 20 сm containing clothing, disposable toiletries, soft toys and baby food that can be used during the flight.
In addition to main hand baggage the following items can be carried in the aircraft cabin which the passenger did not place into the hand baggage and has them at hand:
The total weight of these items shall not exceed 5 kg.
13.13.6. The allowances and terms of carriage of the checked baggage and cabin baggage, and rates of payment for transportation of excess checked baggage and cabin baggage can vary, and the information about it will be provided to passengers on the airline’s website.
Article XIV. Transportation of Some Categories of Baggage
14.1. Baggage Transportation in Cabin of Aircraft
14.1.1. At passenger’s request and with the airline’s consent, certain items which require special caution measures during carriage or special conditions of its handling, may be carried as cabin baggage (fragile, brittle things, breakable and perishable items, video, photo cameras, TV, radio, video equipment, samples of equipment, musical instruments, mobile phones, portable computers, other electronic and optical devices, etc.).
14.1.2. Items, which a passenger considers as inappropriate for carriage in cargo hold of the aircraft, shall be accepted for transportation in passenger cabin only with prior consent of the airline.
Carriage of such items shall be paid for by the passenger according to the airline’s rules, and depends on the quantity of seats necessary for their carriage.
14.1.3. The weight of one non-standard baggage piece transported in the aircraft cabin shall not exceed 80 kg and its dimensions shall not exceed the following: height 115 cm, length 65 cm, width 45 cm, which should allow placement of baggage on separate passenger seat(s).
Packaging of baggage carried in the aircraft cabin must have rounded edges for prevention of injuries to passengers and damage to their property and the equipment of the aircraft and meet sanitary norms.
Such baggage must be properly fastened on (a) passenger seat (seats).
14.1.4. Delivery to aircraft of baggage that must be carried in the aircraft cabin, its loading, placing in the cabin of aircraft, unloading and transportation within airport terminals shall be the passenger’s responsibility and shall follow his/her prior request and payment of these services to relevant airport authorities.
14.2. Transportation of Animals and Birds
14.2.1. The airline shall transport domestic animals not posing a potential threat to passengers, crew, and not influencing the flight safety.
14.2.2. Transportation of domestic animals shall be fulfilled on condition the passenger receives a permission from the airline while making his/her reservation before transportation.
Animals shall obligatory be properly placed in containers/cages and shall have valid certificates pertaining to vaccination and health status, permissions to enter the country of destination or transit.
Animals must be clean, neat and without unpleasant smell.
The airline shall have a right to determine the method of transportation and limit the number of animals, which are allowed for transport by one flight.
14.2.3. Transportation of domestic animals accepted by the airline to the aircraft cabin, or as checked baggage together with container and food, shall be paid for as additional service by the passenger according to relevant fare established by the airline.
It is allowed to transport in the passenger cabin free of charge:
service dogs accompanied by a dog-breeder, seeing-eye dogs for blind and deaf passengers, and containers with food for such animals;
A big seeing-eye dog/service dog must have a collar and muzzle and must be tied to the seat near the feet of the passenger or dog-breeder.
14.2.4. In the case of domestic animal transportation, the passenger shall take full responsibility for his/her animals, and for presentation of necessary certificates, permissions, references etc., as provided for by applicable laws and rules of the country of departure and entry.
The airline shall not bear responsibility for any injury, loss, delay in delivery, illness or death of such animals during transportation or due to denial of competent authorities of entrance to country or transit, unless such damage was caused as a result of the airline’s negligence.
14.2.5. Domestic animals whose weight together with the transportation means exceeds 8 kg shall be transported only baggage or cargo holds of the aircraft, except seeing-eye dogs and specially trained service dogs.
14.2.6. If the passenger fails to meet requirements of paragraphs 14.2.1, 14.2.2 of this Article, the airline shall have a right during check-in of the passenger, at its own discretion, to make the final decision regarding transportation or refusal of the transportation of animals.
Article XV. Schedule
15.1.1. Scheduled flights shall be operated according to the aircraft schedule which was calculated by the airline, published in the automated reservation systems and is open to public for viewing on the airline’s website. The airline can publish advertising flight timetables for the provision of information to the public.
The airline confirms that data placed in the automated reservation system and the information placed or given for placement in other reservation systems by the airline is accurate, faithful and exhaustive.
15.1.2. Charter flights (non-regular flights) shall be operated on the basis of a charter contract (chartering of an aircraft) between the airline and tourist operator.
Mentioned flights shall be operated by the airline during the day determined in the charter contract ordered by the tourist operator for one or several flights for carriage of passengers and baggage.
15.1.3. The airline shall not bear the responsibility for errors and omissions in schedules or other published flight timetables of other carriers.
15.1.4. Flight departure times and the types of aircraft indicated in the schedule or in other flight timetables and traffic documents of the airline shall be not guaranteed and shall not be an obligatory condition of the air transportation agreement, except for the departure time indicated in the ticket.
The airline shall have a right to change schedules, timetables of flight operation and flight departure times with the understanding that it shall inform passengers in good time.
15.1.5. The airline shall have a right to change the type of aircraft without notification to the passenger.
15.1.6. The airline and ground handling entities (operators of airports) shall provide passengers in the airport with visual and/or acoustic information related to:
departure time and landing time of aircraft;
place, opening and closing time of check-in;
place, start and finish time for boarding the aircraft;
flight delay, cancellation or reason for flight delay or cancellation.
Article XVI. Cancellation and delays of flights
16.1. The airline shall have a right to delay or cancel flights for commercial reasons and for reasons beyond of its control.
16.2. The airline shall be obliged to take all necessary measures to avoid delays in the transportation of passengers and baggage.
16.3. In the case of force-majeure circumstances the airline shall have a right, without notification to the passenger, to cancel or delay the flight, or cancel the previously approved reservation.
In other cases, the airline or its sales agents shall be obliged to notify passengers concerning delays or cancellation of flights no later than three hours before check-in is due to commence.
16.4. In the case of flight delays, the airline by itself or through a ground handling entity (airport operator) shall notify passengers by available means in the departure airport every 30 minutes concerning approximate length of flight delay and approximate time of its departure.
Article XVII. Passenger’s right for reimbursement in the case of denied transportation, cancellation or long-lasting flight delay
17.1. Order of Reimbursement Application
17.1.1. Provisions of this Article shall apply to passengers of scheduled and charter flights which were denied transportation against their will, or flights of which were cancelled or delayed, on condition that passengers have confirmed reservations on appropriate flights and are present for check-in at the time specified by the air carrier’s rules and indicated in writing (including electronic means), or, if check-in time is not indicated, not later than 45 minutes before indicated time of flight departure, or he/she reserved a seat on the flight, which was delayed or postponed by the airline to another flight, regardless of the reasons.
17.1.2. Provisions of this Article shall not apply to passengers travelling free of charge or at reduced fares, which directly or indirectly are not available for other passengers.
However, provisions are made for passengers who received their tickets from the airline through its passenger loyalty program for frequent-flyer passengers and members of the “Panorama club” of the airline, and to passengers travelling using reimbursed tickets.
17.1.3. If the airline pays the compensation or provides the services as provided in this Article, no provision of this Article shall be construed as such that states that the airline has recognized its fault or as limiting its right to demand compensation by way of recourse from any entity, including third parties, under the applicable legislation of the state of departure/arrival of the flight.
17.1.4. If any obligations to the passenger arise concerning the flight operated on the basis of an interline agreement or code-sharing agreement, responsibility for servicing and payment of compensation shall be imposed on the actual (operating) carrier through the fault of which improper carriage occurred.
If the number of passengers who have a confirmed reservation exceeds the number of available seats on board the aircraft of the contracting carrier, the contracting carrier which oversold tickets shall bear responsibility for servicing and payment of compensation.
17.1.5. Compensation payment envisaged by this Article shall be made upon request of the passenger if the fact of the airline’s direct fault of denied transportation, cancelled or delayed air flight has been ascertained.
17.1.6. Distances indicated in this Article shall be measured according to the method of orthodromic distance route.
17.2. Reimbursement to a Passenger in Case of Denied Transportation
17.2.1. In cases where the air carrier has advance knowledge that a passenger with a confirmed reservation will be denied boarding, the air carrier shall first communicate with passengers to find passengers who are willing to refuse their confirmed reservation in return for a remuneration agreed between the passenger who voluntarily refuses to board the aircraft and the airline.
17.2.2. Except the payment of remuneration the airline shall offer a passenger to choose:
1) Reimbursement of the value of transportation within seven days which shall be paid in cash, by electronic bank transfer, bank order, bank cheque or electronic voucher or, if there is witnessed written consent of the passenger, in the form of travel cheques – full cost of the ticket at price it was purchased, for unused part of the ticket and for used part or part of the ticket, if the flight does not meet demands of the passenger, and also if there is necessity to provide return transportation to initial point of departure at the first opportunity.
2) Rerouting is fulfilled upon relevant transport conditions:
to final destination point at the first opportunity;
by passenger’s request to the final destination point at a later time, and upon the availability of spare seats on the flight.
17.2.3. Transportation of a passenger from the airport, where denied transportation has occurred to the airport from which an alternative route shall be offered by the airline, and from the airport of alternative landing to the airport where passenger was originally supposed to arrive on the flight to which transportation was denied, is paid at the airline’s expense.
17.2.4. If there are no or insufficient number of passengers who have (voluntarily) been denied boarding, then the airline shall have a right to deny carriage against their will.
17.2.5. If a passenger was denied transportation against his/her will, the airline pays reimbursement in the following amounts:
250 Euro – for flights with a range up to 1500 kilometres, inclusive;
400 Euro – for flights with a range over 1500 up to 3500 kilometres inclusive;
600 Euro – for flights with a range above 3500 kilometres.
The calculation of the flight distance shall be based on the last location at which the passenger was denied boarding, where the passenger had a reserved seat and whereby the flight scheduled was delayed.
17.2.6. The airline shall have a right to reduce the amount of reimbursement specified in paragraph 17.2.5 of this Article by 50% if the passenger was offered rerouting to his/her destination point by alternative flights, the arrival time of which does not exceed scheduled:
Two hours – for flights with a range up to 1500 kilometres inclusive;
Three hours – for flights with a range from 1500 to 3500 kilometres inclusive;
Four hours – for flights with a range above 3500 kilometres.
17.2.7. The airline shall not pay any reimbursement in the following cases:
1) The airline refused transportation to the passenger if the latter:
- arrived for check-in after its time limit established by the airline was over;
- refused to undergo security inspection or follow any other instructions of the airline;
- presented the travel documents which were not issued duly;
- presented the ticket which is registered as lost (stolen) or forged.
2) The flight cannot be performed according to the schedule due to the reasons being beyond the carrier’s control (in case of force majeure).
3) The passenger is travelling using a free-of-charge ticket (ID00) or a ticket purchased at reduced price which is not available to other passengers directly or indirectly, except when the airline issued tickets through its passenger loyalty program for frequent-flyer passengers being members of the “Panorama club”, and to passengers travelling using compensation tickets.
4) The passenger is carried without provision of a separate seat (children up to 2 years of age).
5) An alternative flight arrives at the airport of destination earlier than the originally reserved flight or at the same time.
17.2.8. Payment of the reimbursement shall not exempt the airline from obligation to offer a passenger services of his/her choice and reimbursement of expenses, specified in paragraph 17.2.2. and 17.3.5 of this Article.
17.3. Reimbursement to a Passenger in Case of Flight Cancellation
17.3.1. In the case of flight cancellation the airline shall offer to a passenger the service according to paragraph 17.2.2 of this Article and reimbursement according to paragraphs 17.2.5 or 17.2.6 hereof.
A passenger may have a right to reimbursement if he/she was not notified about flight cancellation:
two weeks prior to scheduled flight departure time;
within the period no more than two weeks prior and no less than seven days prior to scheduled departure time and offered rerouting that gave the opportunity to leave the departure point not later than two hours prior to scheduled departure time and to arrive at final destination point not later than four hours after scheduled arrival time; or
less than seven days prior to the scheduled departure time, and rerouting is offered that provides the opportunity to leave the departure point not later than one hour prior to scheduled departure time and arrive at final destination point not later than two hours after scheduled arrival time.
17.3.2. The airline, cancelling or delaying a flight, shall provide passengers on their request explanation concerning reasons of cancellation or delay of the flight.
If there is necessity to provide in good time, transfer of transit passengers to connecting flights, the airline at the first opportunity will offer them alternative routes of carriage.
17.3.3. The airline shall not be obliged to pay the reimbursement and render services specified by this Article; if the airline can give confirmation that the reason for flight cancellation was caused by force-major or an emergency situation, which could not be prevented even if all reasonable measures were taken.
17.3.4. Proof that passengers have been notified about rules and conditions of carriage, order of seat reservation on flights, fares, taxes (charges), schedule and terms of flight operation shall lie with the airline, its sales agent, tourist operators and other authorised bodies upon where the air transportation agreement was concluded.
17.3.5. In the case of flight cancellation by the airline and further travelling of a passenger by another flight (flights) or other route, a passenger must be offered and provided free of charge:
1) food and cold beverages according to time waiting for new flight;
2) hotel accommodation, in cases where a passenger is forced to wait for departure for one or more nights or if the time of additional waiting is more than expected;
3) ground transfer along the route airport – hotel – airport, if hotel accommodation is provided;
4) two telephone calls, telex, fax messages or messages by electronic email, if the technical conditions of the airport allow.
17.3.6. The airline shall pay special attention to the needs of passengers with reduced mobility and disabled persons, and persons who accompany them, and also to the needs of children who are unaccompanied by an adult.
17.4. Services provided to a Passenger in Case of Flight Delay
17.4.1. The airline shall provide a passenger with assistance specified by subparagraphs 1 and 4 of paragraph 17.3.5 of this Article, if a flight is delayed for:
two hours or more from the scheduled departure time for the flight with a range up to 1500 kilometres inclusive;
three hours or more from the scheduled departure time for the flight with a range from 1500 to 3500 kilometres inclusive;
four hours or more from the scheduled departure time for the flight with a range above 3500 kilometres.
17.4.2. If operation of the delayed flight is postponed for one day, following the day of its operation, as specified by the schedule and indicated in the ticket, the airline shall provide passengers with hotel accommodation, food and transfer en route to: airport – hotel – airport.
17.4.3. If flight delay exceeds five hours then passengers shall be offered services according to paragraph 17.2.2. of this Article.
17. 5. Reimbursement to Passenger for Changing Class of Service
17.5.1. The airline shall not demand any additional payment from a passenger if it places the passenger in the class higher than indicated in the ticket.
17.5.2. If the airline places a passenger into the class lower than the one indicated in the ticket, then within seven days it shall reimburse:
30 percent of fare - for flights with a range up to 1500 kilometres, inclusive;
50 percent of fare - for flights with a range from 1500 to 3500 kilometres, inclusive;
75 percent of fare – for all other flights with a range over 3500 kilometres.
17.5.3. Reimbursement for placement of a passenger in a class lower than indicated on his/her ticket shall be calculated by the segment in which class of service was downgraded, by method of prorate division.
Article XVIII. Reimbursement for Delay in Transportation of Baggage
18.1. Reimbursement for delay in transportation of baggage shall be determined based on necessity to provide a passenger with goods of first need. In any case such reimbursement shall be limited to the amount up to USD 50 (or equivalent in other currency).
18.2. The airline shall give reimbursement to the passenger in case of baggage non-arrival to destination point together with the passenger, if this destination point is not the state of passenger’s permanent residence.
Article XIX. Obligations of the Airline in Regards to Notification of Passengers
19.1. During check-in, the airline shall provide passengers with legible and clearly visible information of the following content: “If you are denied boarding or your flight is cancelled or delayed for no less than two hours, please ask on check-in or exit point to boarding written notification in which your rights are mentioned, in particular, relating to receiving reimbursement or assistance”.
19.2. If the airline refuses carriage or cancels the flight, then each passenger, whom it may concern, shall be provided with a written notice that will include the rules for providing compensation and assistance to passengers.
The airline shall also provide such notice to the passenger, whose flight is delayed by more than two hours.
Contact information for sending inquiries concerning breach of passenger’s rights for reimbursement or assistance shall be given in writing.
19.3. Informing the passengers of any changes in the schedule of air traffic (delay, changing the time of flight or cancellation of the flight), or any other important information regarding air travel and passenger service shall be provided:
by the phone number provided by the passenger when purchasing the ticket at the airline’s contact center or by any other communications facility specified by the passenger;
by e-mail specified by the passenger when purchasing the ticket on the official website of the UIA (www.flyUIA.com).
Article XX. Refund for ticket
20.1. General Procedures for Refund for Ticket
20.1.1. Refunds for unused tickets (or part of) shall be made at the place of ticket purchase – at ticket office of sales transportation agency, at ticket office of the airline or at ticket office of the airline’s representative office and in the currency in which the ticket was paid.
20.1.2. Refunds by the airline in Ukraine shall be paid in the national currency of Ukraine.
Refunds at the ticket offices of the airline’s representative office abroad shall be made pursuant to the active legislation of the corresponding state.
20.1.3. In cases where the payment for a ticket was made by electronic means of money transfer (bank card); the cost shall be returned by the seller of the ticket to the bankcard on which the initial purchase was made.
20.1.4. Amount refunded for unused ticket (its part) shall depend on the applied fare rules and fare standards of the airline and reason for denial of transportation (voluntary or involuntary).
Service charge set by the airline or sales agency for issuance of a ticket shall not be refunded.
20.1.5. Refunds shall be made on the basis of an unused (partly unused) transportation document, MCO, EMD, excess baggage ticket.
20.1.6. Refunds shall be made to:
the person indicated in the ticket – in case of payment for carriage by cash or bank transfer;
the account of the enterprise, organisation, etc. – in case of payment by clearing operations;
the account owner of the credit card, by which transportation was paid;
the sponsor, who paid for transportation – in case of ticket issuance by telegram-notification about advance payment (PTA).
20.1.7. Refunds shall be made subject to presentation of the documents which identify the person, and a document that confirms the right to receive monetary funds.
20.1.8. The refund shall be made on the day when an agreement was terminated (presentation of tickets to a ticket office where they were issued, receipt by the airline of the passenger’s request regarding refund of funds for unused transportation which was executed by means of an electronic ticket).
If it is impossible to refund the means on the day when an agreement was terminated, it shall be done during any other period as agreed by the parties but no later than within seven days, starting with the day following the day of passenger’s request.
20.2. Involuntary Refund for Ticket
20.2.1. Involuntary refunds for tickets of the airline or re-reservation (re-issuance) of these tickets without application of penal sanctions shall be made in the following cases:
cancellation, postponement, delay of the flight, for which a passenger had seat reservations and an issued ticket:
improper issuance of traffic documents by the airline and/or sales agent;
change of class of service or aircraft type;
impossibility to provide a seat to the passenger according to reservation;
non-provision by the airline of connection to flight, for which passenger has confirmed reservation and indicated in the same ticket, as the previous flight;
refused carriage due to non-payment by a passenger of fare or charges (taxes), in the case of change of fares or rules of their application comparing to that were applicable on the day of passenger’s departure from the airport of origin indicated in the ticket;
exercise by the airline of the right to refuse carriage for the reasons laid down in paragraphs 12.1 and 12.5 of Article XII of these Rules;
passenger’s illness or his/her family members travelling with him/her, when there is a properly executed certificate issued by a public health institution;
in other cases of passenger’s refusal from transportation or refusal of the airline to transport the passenger, which occurred through the airline’s fault.
Re-reservation of tickets for another flight in the case of passenger’s delay arriving for the flight, for which he/she has a confirmed reservation and because of delay of a previous flight, in case of issuance of carriage by separate traffic documents shall be made without penal sanctions.
20.2.2. In the case of involuntary refund of ticket cost, an amount that is refunded to the passenger shall be equal to:
if either part of the ticket was unused, to the amount that is equal to the full cost of the ticket at the price it was purchased;
if any part of the ticket was used, to the amount which is equal to the fare of the unused part of one-way transportation and unused airport charges (taxes), and charges (taxes) of the airline, from the place where refusal of carriage to destination point occurred.
20.3. Voluntary Refund for Ticket
20.3.1. In the case of voluntary refund for a ticket, that is if a passenger wants to receive a refund of the amount paid for the ticket and such refund is allowed by the applicable fare rules, then such amount shall be calculated according to the fare regulations of the airline. Besides that, the passenger shall be refunded the total of all unused airport charges (taxes) and charges (taxes) of the airline, except the service charge and other charges for services which were provided to the passenger.
20.4. Right of Refund Refusal
The airline has the right to refuse the refund if:
if the passenger filed an application regarding the refund after expiry of the ticket validity determined in paragraph 5.4 of Article V of these Rules, and also in other cases, provided for by these Rules;
the ticket was purchased at a special fare rate and this fare rules do not provide refund of its cost (in case of purchase of the ticket at such special fare, the passenger must be notified about this by the seller, being the airline or its sales agent, at the time of reservation), and the ticket or any other informative document must be marked with a respective mark.
20.5. Refund for Lost Ticket (Ticket Duplicate)
20.5.1. In the case of a lost ticket a refund shall be made by:
the airline, owner of ticket form (contracting air carrier), if the ticket was issued under an interline agreement;
the airline (actual air carrier), if the ticket was issued on form of the airline that operates the flight.
Refund of the ticket’s cost can be done if the lost ticket (or its part) was not used or changed to another ticket and refund was not completed for this ticket.
20.5.2. The airline shall have a right to withdraw a penalty, charges (taxes), established by the airline in such cases, from the refunded amount.
20.5.3. Means by duplicate ticket and by lost ticket shall be refunded in claim and/or legal form.
20.5.4. Similar rules shall be established for refunds in connection with lost МСО, EMD and excess baggage ticket.
20.5.5. The passenger shall not be deprived of the right to lodge a claim against the carrier or file a lawsuit.
Article XXI. Behaviour during the Flight
21.1. Behaviour of passengers on board the aircraft must be such that according to the airline’s rules does not endanger other passengers and crew and does not threaten property of passengers, the airline or aircraft.
A passenger shall have no right to interfere with the crew at the time of fulfilment by them of their official duties, and must follow the instructions of the aircraft commander and of the crew to secure the safety of the flight, the aircraft and safe, and comfortable flight of passengers.
A passenger shall be obliged to desist from behaviour which can cause or causes protest from other passengers.
21.2. With the purpose of ensuring the flight safety, the airline shall have a right to prohibit or to limit use on board of the aircraft of electronic equipment, mobile telephones, portable computers, portable tape-recorders, portable radio sets, CD players, transmission devices, including toys with radio control, portable radio transmitters, etc. (except in cases of artificial hearing devices and heart pacemakers).
21.3. On board the aircraft, a passenger shall have no right to be intoxicated by alcohol or narcotics, or to be under the influence of any other substance that can cause dangerous behaviour of the passenger, resulting in his/her actions endangering or constituting a threat to other passengers, crew members, equipment of the aircraft and the property of passengers.
Drinking of any alcoholic drinks on board an aircraft shall be permitted only in amounts offered by the airline.
21.4. Irrespective of flight, range smoking shall be prohibited on board the aircraft, both of usual and electronic cigarettes, etc.
21.5. If a passenger does not adhere to the requirements set forth in paragraphs 21.1-21.4 of this Article, the airline shall have a right to take measures as required by the situation and which the airline will consider as necessary for avoidance of such behaviour.
Such measures may include limitation of the passenger’s movement on board the aircraft, disembarkation of the passenger, denied boarding to an aircraft in any point of the transportation route and transfer of the passenger to local law-enforcement or governmental bodies for taking relevant measures of influence.
21.6. If a passenger does not follow the provisions of this Article or acts in another manner that breaches rules established by the airline, the airline shall have a right to deny such passenger in his/her further transportation and apply to him/her measures of administrative and civil influence (bringing to administrative responsibility, criminal responsibility, claiming to the court on indemnification of expenses), etc.
21.7. If due to forbidden behaviour of a passenger the airline was forced to take certain actions, which incurred additional expenses, the passenger shall be obliged to reimburse to the airline such expenses according to applicable legislation.
Article XXII. Arrangements of Airlines
22.1. These Rules shall cover transportations, which are carried out in accordance with commercial agreements between the airline and other carriers (known as Code-sharing Agreements and Interline Agreements) even if another carrier is indicated in the ticket other than the one that actually performs the transportation.
If there is any such commercial agreement then the airline (its sales agent) shall provide passengers with this information during reservation, regarding which carrier is contracting and which carrier is actually performing the transportation.
During passenger’s check-in for the flight, this information shall be given by the actual carrier or its handling agent at the airport of departure.
22.2. If a passenger concluded the air transportation agreement on rendering of additional prepaid services, then the carrier, which failed to render such prepaid services, shall be responsible to the passenger.
If the airline failed to render services prepaid by the passenger, its liability shall be limited by the amount which is equal to the amount paid by the passenger for services that were not rendered to him/her.
22.3. The airline shall not bear any responsibility for services on baggage transportation (transfer) that have been rendered by third persons who do not have any commercial agreements with the airline.
If the airline provides by itself and performs transportation (transfer) operations of baggage for passengers then these rules shall apply to such services.
Services on transportation (transfer) of baggage which are rendered by the airline additionally shall be paid for by the passenger.
Article XXIII. Airlines Performing Consecutive Transportation
23.1. When transportation is made by several consecutive carriers it is deemed as sole transportation if, from the beginning of transportation these carriers considered such operation as sole transportation and a joint ticket was issued for such transportation.
23.2. If the airline and other carriers perform sole transportations, every carrier which accepts the transportation of passengers and baggage (cargo) shall be covered by these Rules and considered as one of the parties of the transportation agreement, since such agreement concerns part of transportation that is performed under control of a certain carrier.
23.3. The airline, if it issued the ticket, or is the first carrier indicated in the ticket or joint ticket, shall not bear any responsibility for defects in transportation that happened on segment (segments) of carriage by another carrier (other carriers) including segments of delay or denial of transportation of a passenger or baggage.
23.4. In the case of destruction, loss, damage, delay, refusal in baggage transportation, the passenger shall have a right to lodge a claim against the first or the last carrier, as well as against the carrier who performed transportation, during which destruction, loss, damage, delay, refusal in baggage transportation occurred.
23.5. If it is impossible to define which carrier which performed the transportation, during which destruction, loss, damage or delay (denial) in baggage transportation occurred, the responsibility to the passenger shall be borne by the airline together with other carries who participated in transportation, or separately within the limits of the established airline’s fault.
Article XXIV. Mixed Transportations
24.1. The period of time in air transportation shall not include any transportations by ground or sea (river) types of transport which are carried out beyond the airport zone.
However, if such transportation is carried out according to the transportation agreement with the purpose of landing, embarkation, loading, extradition or overloading, any damage by rule of contraries shall be deemed as a result of the event that occurred within the period of time during air transportation.
If without passenger’s consent the airline fully or partly changes transportation, which by the agreement of the parties must be performed by air transport, for transportation of any other type of transport, such transportation by other type of transport shall be considered as transportation that is being performed at the time of air transportation.
24.2. In the case of mixed transportations which are performed partly by air and partly by any other type of transport, provisions of these Rules, subject to requirements of paragraph 24.1 of this Article, shall apply to air transportation.
24.3. Any provision of these Rules shall not prohibit the parties in case of mixed transportations to include a ticket provision that concerns transportations by other types of transport, provided the provisions of these rules apply to air transportation.
24.4. Transportations by other types of transport, taking into consideration paragraph 24.1 of this Article, will be offered by the airline only in the capacity of an agent of such other air carrier; even if such transportation is be indicated under the airline’s code in the ticket.
24.5. Responsibility of the airline for destruction, loss, damage, delay (refusal) of baggage transportation that occurred during the transportation by other means of transport, shall be limited by the amount paid by the passenger for transportation by another means of transport.
Article XXV. Transportation by Air Performed not by Marketing Carrier
25.1. Provisions of this Article shall apply when an entity (hereinafter – marketing carrier) as a main party to this agreement concludes a transportation agreement with a passenger or with a person who acts on passenger’s behalf, and other entity (hereinafter – operating carrier) as an authorised marketing carrier performs the whole transportation or its part, but is not a consecutive carrier in regards to such part, within the meaning of Article ХХІІІ of these Rules.
25.2. When transportations specified in paragraph 25.1. of this Article are performed, the marketing air carrier shall be covered by its rules relating to the whole transportation, and the operating air carrier shall be covered by the rules of the marketing air carrier only relating to that transportation which it performs.
25.3. The extent of the responsibility of the marketing carrier and the operating carrier shall be limited by regulations established by these Rules.
Article XXVI. Charter Transportations
26.1. Operation of charter flights shall be governed by the relevant aviation rules of Ukraine and these Rules.
The airline as a charter flight operator (operating carrier) during execution of a commercial agreement with the ordering customer of a charter flight (freighter of an aircraft – tour operator) on performance of charter flights shall together with the tour operator establish the procedure for services provision and reimbursement pursuant to these Rules.
26.2. Tickets for charter flights under terms of a transportation agreement shall be executed and issued by the ordering customer of a charter flight (tour operator) or on its behalf by a tourist agency.
26.3. Tickets for charter flights shall come into effect from the moment when payment of the full cost for charter flight/flights was received by the operating carrier by the freighter of the aircraft.
The procedure for payment for charter flight operation, reimbursement and confirmation of reservations shall be fulfilled by the parties according to conditions of the commercial agreement concluded between the airline and the ordering customer of the charter flight.
26.4. Tickets for charter flights shall be valid only for transportation for the dates and flights indicated in tickets.
The ordering customer of the charter flight may change the departure date and return flight date, provided that such changes are agreed by the ordering customer of the flight (tour operator) with passengers and operating carrier (flight operator).
Tickets for charter flights shall be reserved and sold pursuant to the charter flight agreement.
26.5. Tickets for charter flights shall provide for limitations in their usage and exclude passenger’s rights to change or cancel reservations; this is laid down in the terms of the charter air transportation agreement.
Tickets for charter flights (turnaround trip) shall constitute part of a tourist product regarding which all services shall be paid for by a tourist directly to a tourist agency or tour operator.
26.6. Tickets for charter flights, by which air transportation and all other tourist services (visa assistance, hotel and tourist services, meals and excursions, ground and air transportation support, provision of information and support of services change, etc) were paid for may provide for additional conditions and limitations on reimbursement of amounts paid for such services which are envisaged by an agreement on provision of a set of tourist services fixed by the tour operator under an agreement on charter transportation by air.
26.7. The charter air transportation shall not be covered by the provisions mentioned in the following paragraphs and Articles of these Rules:
paragraphs 5.4, 5.5 of Article V;
paragraphs 8.1, 8.4 of Article VIII;
Article XXVII. Administrative Formalities
27.1. Documents for Travel
27.1.1. The passenger shall be responsible for receipt of all documents necessary for travel: visas, permissions, certificates etc., and also for observance of all applicable laws of country of departure, arrival and transit in regards to exit, entrance and transit.
The airline shall not bear the responsibility to the passenger for the consequences that arise because the passenger did not receive all documents necessary for the travel or did not observe applicable laws of the state of departure and arrival.
27.1.2. On the airline’s demand a passenger shall be obliged to present to authorised persons of the airline, representatives of appropriate governmental bodies, all documents for exit, entrance, transit, about his/her health status and other documents requested by applicable laws, and to allow the airline to make and keep their copies or in any other manner to keep the data contained in relevant documents.
The airline shall have a right to deny transportation to any passenger who does not observe applicable laws or whose documents are not issued in the correct way or are such that cause doubts if they are authentic, including absence of appropriate visa, means, return ticket, etc.
27.2. Refusal of Entry to the Country
27.2.1. The airline shall not bear any responsibility for the denial of any passenger’s entrance to the country of destination or transit.
27.2.2. A passenger shall be obliged on demand of the airline or state authorities to pay full cost for his/her transportation return, if he/she is requested to return to the point of departure or other place in connection with denial of the country of destination to accept such passenger regardless of whether this country is a destination or a transit area.
The airline may use for payment of such transportation any funds from the sums earlier paid to it by the passenger for the unperformed transportation, that remained at its disposal, or any other passenger’s funds that remain at the disposal of the airline.
27.2.3. The airline shall have a right to not return amounts paid by a passenger for performed transportation to the point where entrance was denied to him/her, or to point of his/her deportation.
27.3. Responsibility of the Passenger
27.3.1. If the airline was requested to pay, deposit any amount, to pay a penalty or provide a financial guarantee in connection with a passenger’s failure to meet requirements of applicable laws or his/her refusal to present documents necessary for the travel, or with presenting of forged documents or documents that contain false information, then the passenger shall be obliged on demand of the airline to reimburse to it the paid or deposited amount and other expenses incurred in connection with this.
27.3.2. The airline shall have a right to use for coverage of expenses indicated in paragraph 27.3.1 of this Article any amounts earlier paid by the passenger that are at its disposal for unused transportation, or any other passenger’s funds that are at the disposal of the airline, or shall have the right to refuse transportation, if the passenger has not reimbursed to the airline such expenses.
27.4. Customs Examination, Aviation Security Inspection, Passport Control and Other Types of Control
27.4.1. During performance of international air transportation, passengers, their checked baggage and hand luggage shall obligatory undergo security inspection and passport control, and, if requested by customs and other authorised bodies, other types of control.
In compliance with the Law of Ukraine “On Carriers’ Liability in the Course of International Passenger Carriage”, the airline shall obligatory control if passengers have documents required to enter the state of destination, transit.
27.4.2. During performance of domestic air transportation, passengers, their checked baggage and hand luggage shall undergo security inspection and passport control, and, if requested by customs and other authorised bodies, other types of control.
27.4.3. The airline shall not bear responsibility to the passenger for any losses or damages caused to a passenger in connection with his/her failure to meet requirements mentioned in paragraphs 27.4.1 and 27.4.2 of this Article.
A passenger must reimburse expenses that are incurred to the airline in connection with his/her refusal to pass above-mentioned inspections.
Article XXVIII. Responsibility of the Airline for Caused Damage and Limits of Compensation
28.1. General Provision of the Airline’s Responsibility
28.1.1. Responsibility of the airline for harm caused to a passenger, baggage, hand luggage and delay in transportation shall be limited by standards of applicable international and national legislation of Ukraine.
Mentioned responsibility cannot exceed the extent of actual harm caused to a passenger, which in any case is limited by real losses proven by the passenger.
28.1.2. The airline shall not bear a responsibility mentioned in paragraph 28.1.1 of this Article, if proven that, itself, its employees or its authorised handling agents have taken all possible measures to prevent damage, or when it or they were unable to take such measures.
28.1.3. While issuing a ticket, the airline, sales agent shall provide for rendering to a passenger in writing general provisions of terms of the air transportation agreement which regulate the responsibility of the airline to the passenger and for his/her baggage.
Moreover, the airline (sales agent) shall provide to a passenger written notification detailing applicable limitations of the airline’s responsibility to the passenger and for his/her baggage.
28.2. Death, Bodily Injury, Delay of the Passenger
28.2.1. The airline shall be responsible for damages which caused death or bodily injury of a passenger, only provided that the event which caused death or bodily injury happened on board the aircraft, or during boarding or disembarkation of the passenger to/from the aircraft.
28.2.2. The airline cannot exclude or limit its responsibility for the damage which caused death or bodily injury of a passenger, pursuant to provisions laid down in paragraph 28.2.1 of this Article, in the amount of 113100 SDR (Special Drawing Rights) for each passenger.
28.2.3. The airline shall not bear responsibility for damage which caused death or bodily injury of a passenger and which sum exceeds the amount indicated in paragraph 28.2.2. pursuant to provisions mentioned in paragraph 28.2.1 of this Article, in the amount which exceeds 113100 SDR for each passenger, if the airline proves that:
such damage was not caused due to negligence or other illegal action or inaction of the airline or its employees or handling agents; or
such damage was caused exclusively due to negligence or other illegal action or inaction of the third party.
28.2.4. In case of death or serious bodily injury of a passenger, the airline shall immediately, but in any case not later than within fifteen days after identification of the dead or badly injured natural person, who has a right to receive reimbursement, make advance payment to the authorised persons (relative of the dead/badly injured person) that must be not less than 16000 SDR.
In order to determine the extent of bodily injury and percent of loss of labour capacity, corresponding expert commissions (experts) may be involved pursuant to the place of registration (actual residence) of the natural person, or venue of proceedings.
28.2.5. In case of damage caused by the delay during carriage of a passenger, the responsibility of the airline shall be limited in the amount of 4694 SDR per each passenger.
28.3. Damage, Delay of the Baggage
28.3.1. The airline shall bear the responsibility for damage caused in case of destruction, loss, harm and delay of checked baggage, only on condition, the incident which caused destruction, loss, harm or delay of a baggage happened on board the aircraft or at the time when the airline was responsible for safekeeping of checked baggage.
However, the airline shall not bear responsibility for damage of the baggage caused by its defect, qualities, shortcoming, improper packaging.
28.3.2. In regards to unchecked baggage including passengers personal items, the airline shall bear the responsibility, if the damage was caused through its fault or the fault of its employees or handling agents.
28.3.3. The responsibility of the airline in cases of destruction, loss, harm or delay in transportation of checked baggage shall be limited by the amount of 1131 SDR relating to every passenger for whom the baggage is checked.
28.3.4. If the passenger proved the actually incurred losses caused by damage of his/her baggage (suitcase, bag, etc.) by submitting to the airline corresponding documentary evidence issued by the repair workshop (repair payment receipt for tax purposes) or confirmation of the cost of damaged baggage which is beyond repair (sales slip/ receipt for tax purposes), reimbursement shall be provided:
- in the confirmed amount of repair cost, in case of repair;
- in the confirmed amount taking into account depreciation, if the actual cost of damaged items is properly confirmed.
Depreciation of baggage (items) shall be calculated in the following way:
- for the first year after the item was purchased the cost shall be decreased by 30% of the actual cost of the item as of the time of purchase;
- for the second year after the item was purchased the cost shall be decreased by 50% of the actual cost of the item as of the time of purchase;
- for the third year after the item was purchased the cost shall be decreased by 70% of the actual cost of the item as of the time of purchase;
- for the fourth year and next years after the item was purchased the cost shall be decreased by 80% of the actual cost of the item as of the time of purchase;
28.3.5. In the case where a passenger did, at the moment of handover of checked baggage to the airline, a special request interest in its delivery and paid an additional fee, if it was necessary, then the airline shall pay the amount that does not exceed the declared amount, if it can prove that this amount does not exceed the actual interest of the sender in its delivery.
The procedure for such baggage acceptance for transportation shall be established by paragraph 13.5 of these Rules.
If the weight of a baggage item is not written on the baggage receipt, then it shall be deemed that the total weight of checked baggage does not exceed the appropriate weight of baggage at the fixed rate for transportation by respective route and class of service.
28.4. Conversion of Currency Units
Amounts indicated in Special Drawing Rights (SDR) shall be considered in this section as such, that refer to Special Drawing Rights, and as they are specified by the International Monetary Fund (IMF).
Conversion of such amounts in national currency in case of legal proceedings or proceedings of claims of passengers shall be carried out according to the cost of currencies in Special Drawing Rights (SDR) as of the date of the court’s decision or decision by the airline under passenger’s claim.
Article XXIX. Complaints and Claims
29.1. Raising Demands against Responsibility
Any claim against airline’s responsibility regarding harm incurred during transportation can be lodged in accordance with the provisions and responsibility limits stipulated by the Montreal convention, other active international treaties of Ukraine and legislation of Ukraine not contradicting international standards and regulations without disadvantage for determination of the circle of persons, who have a right for claim and their respective rights.
29.2. Total Amount of Reimbursement
Total amount of reimbursement, which can be received from the airline, operating carrier who performed the carriage, marketing carrier and their employees and sales and/or handling agents who were acting in limits of their duties, shall not exceed maximum reimbursement, that based on these Rules can be recovered by the airline, operating carrier or marketing carrier, in this case either of mentioned persons shall be responsible to the extent, that does not exceed the limit of reimbursement that is applied to this person.
29.3. Employers, agents. Limitations on amount of reimbursement
If a claim was raised against an employer or an agent (sales and/or handling) of the airline in connection with harm, about which is mentioned in these Rules, such employer or agent (sales and/or handling) of the airline, if he/she proves that he/she acted within the limits of his official duties, shall have a right to refer to conditions and limits of the responsibility, to which the airline by itself has a right to refer.
29.4. Raising of Claims
29.4.1. Receipt of checked baggage by the person, who has a right to its receipt, without raising of claims provides for, until the contrary is proved, that baggage was delivered in proper condition and according to traffic document or record, which is kept by other means of information storage.
A passenger shall confirm the contrary by drawing up a Property Irregularity Report (PIR). This report shall be drawn up by the persons authorised by the carrier on the day of the flight arrival by place of destination before exit of the passenger from baggage section of the airport restricted area.
The drawn up PIR shall not be an acknowledgement of fault or responsibility of the carrier for improper carriage of the baggage.
The PIR drawn up at passenger’s request after his/her exit from the airport restricted area shall not lead to civil and legal consequences.
The PIR drawn up by the passenger shall not constitute his/her claim against the carrier.
29.4.2. In case if improper transportation of checked baggage or the passenger, the latter shall send to the airline a written claim immediately after reveal of damage (loss of baggage items) but not later than within 7 days since the date of receipt of checked baggage.
In case of delay in transportation of baggage or passenger, a claim shall be raised by the passenger not later than within 21 calendar days since the date, when the baggage was delivered to the passenger’s disposal.
Claims related to loss of a baggage shall be raised against the airline after the baggage is acknowledged as lost.
Baggage shall be considered lost, if it was not found as a result of search during 21 calendar days, since the date next to that on which a baggage was supposed to arrive to the point of destination. In this case a claim to the airline may be raised within the period determined by the legislation but no longer than within 3 (three) years since the date of aircraft arrival to the destination point, or since the date, when aircraft was supposed to arrive to the point of destination or the date of interruption of transportation.
29.4.3. Any claim against the airline related to improper transportation of a passenger or baggage shall be presented in writing and handed over or sent in accordance with the current legislation.
All required documents, which confirm passenger’s rights to demand reimbursement depending on the matter of a raised claim, must be attached to the claim, including:
a ticket (route-receipt), receipt for tax purposes of paid services, excess baggage ticket, coupon of identification baggage tag, Property Irregularity Report, references about delays and other documents, that may speed up settlement of the claim.
Amount of the claim shall be proved by the passenger or another concerned person.
29.4.4. In the absence of claims (complaints) within the periods fixed by these Rules for international or domestic air transportations, no claims (complaints) against the airline shall be accepted, except when the airline practised deception.
29.5. Consideration of Claims
29.5.1. Claims shall be considered pursuant to the procedure established by the airline.
Having received a claim, the airline depending on its complexity and sufficiency of documents attached to it, absence of which makes it impossible to consider claim on the merits of raised requirements, shall forward to claimant within 15 days from the date of its registration notification-request, by which informs the claimant about receipt of the claim, about necessity to present additional documents if necessary and terms of the claim’s consideration after receipt of documents required for its consideration.
29.5.2. The airline shall be obliged to consider the claim and notify the claimant about its satisfaction or rejection within three months from the date of its receipt, if transportation, in connection with which the claim was made, was performed by the airline.
If other carriers took part in such transportation, the term of claim’s consideration may be extended up to six months with taking into account applicable rules of claims settlement of other carriers.
29.6. Legal Claims
29.6.1. Claim about responsibility of the airline related to improper air transportation of a passenger or baggage shall be given, by a passenger’s choice, to the court at the place of airline’s registration, or by the location of its office (its representative office), where air transportation agreement was concluded, in terms with accordance to applicable legislation, from the date of arrival to destination point, or from the date when aircraft was supposed to arrive, or from the date when transportation was terminated.
The procedure shall be determined by the law that is applied by the court where claim was given.
29.6.2. A claim with regard to responsibility for harm caused in result of death or bodily injury of a passenger may be given to one of the courts, mentioned in paragraph 29.6.1 of this Article on the territory of country-party, which joined the Montreal convention or another international treaty effective in Ukraine, in which passenger for the moment of event has main and permanent place of residence and to/from which the airline provides services connected with air transportation of passengers on own aircraft or aircraft of other airlines on the basis of commercial agreement, and in which this airline conducts the activity connected with air transportation of passengers, using premises rented by the airline or another entity, with which it has a commercial agreement, or which belong to it or such other entity.
29.6.3. If claims are lodged against the airline on the territory of Ukraine, jurisdiction of the claim shall be determined pursuant to the place of its registration.
29.6.4. Termination of existence of the person bearing responsibility
If existence of the person bearing responsibility is terminated, the claim for reimbursement of losses is given according to conditions of this section to persons-successors, which on legal basis represent such person or dispose her/his property.
29.6.5. Prescription of claims
Right for reimbursement of harm is lost if claim concerning the responsibility is not raised within two years in case of international carriage and within three years in case of domestic carriage from the date of aircraft arrival to destination or from the date when aircraft was supposed to arrive, or from the date when transportation stopped.
The procedure for counting such term shall be determined by the law which is applied by the court where the claim was submitted.
29.6.6. Claims against operating carrier and against marketing carrier
Any claim concerning the responsibility related to transportation, which is performed by the operating carrier, may be, at claimant’s choice, raised against this carrier or against marketing carrier or against both of them or separately.
If the claim was raised against only one of these carriers, it has a right to involve to the lawsuit in the court the other carrier in the capacity of a co-defendant or a third party, where the claim was raised, and in this case the procedure of the law of this court determines such involvement and its consequences.
29.6.7. Right of recourse in relation to third parties
Nothing in this Article by any way settles the matter of whether the airline has the right for recourse in relation to any other person.
29.7. Details and location of the airline
29.7.1. The airline – Private Stock Company “Ukraine International Airlines” is registered and located in Shevchenkivskyi District of the city of Kyiv at the address: 4 Lysenka Street, Kyiv, 01033.
Postal address: 201-203 Kharkivske Shose, Kyiv, 02121, Ukraine.
Article XXX. Changes and Amendments to these Rules
30.1. The airline shall have a right to bring changes and amendments to these Rules, which are preliminary agreed with authorised bodies of civil aviation of Ukraine.
Provisions and standards added to these Rules shall not contradict current international agreements and laws of Ukraine, aviation regulations of Ukraine and IATA resolutions.
30.2. Partners of the Private Stock Company “Ukraine International Airlines”, national and foreign carriers, after conclusion of Code-sharing and Interline agreements shall be obliged to fulfil domestic air transportation regulations on the territory of states, where their commercial activity is held.
30.3. A handling agent (sales agent) of the airline, representative or employee of the airline shall have no right to bring changes or cancel any provision of these Rules, rules of the relevant carrier being a partner of the airline and conditions of the air transportation agreement.
Article XXXI. Notification of the Passenger
31.1. Provisions of this Article shall cover all handling agents (sales agents) of the airline, employees and air carriers being its partners, which make sales of air transportation of the Private Stock Company “Ukraine International Airlines” on the territory of Ukraine and abroad.
31.2. The airline or its sales agent shall familiarise the passenger with these Rules, conditions of the air transportation agreement and rules of the applicable fare when a ticket is reserved and/or purchased by placing the corresponding information on the airline’s website or directly at points of ticket sale.
31.3. The airline (its sales agent) must place at visible and accessible for consumers place at transportation sales office the following information:
its full name, location;
copies of authorisation documents (licenses, certificates, attestations) concerning performance of transportation (sale of transportation);
telephone number of the local consumer’s rights protection agency;
complaints and propositions book.
31.3. The airline (its sales agent) must notify a passenger of the following information in the course of ticket sale:
these rules and rules of air carrier-partner in regards to passengers and baggage (the agent must provide a passenger with rules on passenger and baggage air transportation, of that air carrier whose ticket is applied, or air carrier, which is indicated as first in the ticket), on paper copy, in a form of the airline passenger memo (in case of online ticket sale via Internet – in a form of electronic copy through the site, on which reservation of tickets is made);
cost of transportation by the relevant route – orally in the point of tickets sale at the time of reservation (in case of online sale of tickets through the Internet system – in electronic form through the site, on which reservation of tickets is made, or indicating necessary information in the itinerary/receipt);
cost, conditions and limitations if carriage at special fare – in oral form at the time of reservation (in case of electronic tickets – through the site, on which reservation of tickets is made);
administrative formalities during the trip on the relevant route – in oral form at the time of reservation;
limits of responsibility of the airline during transportation of the passenger and baggage – in the ticket or in itinerary /receipt;
rights of passengers in case of denial in transportation, cancellation or delay of the flight;
items and goods forbidden for transportation - in the ticket or in the itinerary/receipt;
peculiarities and conditions of transportation of passengers with limited physical abilities and disabled persons and about necessity to order special service during reservation
Purchasing a ticket on flights of the airline a passenger unconditionally agrees with all conditions of the air transportation agreement and provisions of these Rules.
The airline, a carrier being its partner, its sales agent making promotional campaigns must provide to people full, comprehensible and reliable information related to the cost of transportation, which shall include the amounts of the fare, all charges (taxes) of the airline and airport surcharges (taxes).
Article XXXII. Ensuring of Observance of these Rules
32.1. Control over observance of these Rules shall be vested with the management of the Private Stock Company “Ukraine International Airlines”.