GENERAL CONDITIONS OF CARRIAGE
UKRAINE INTERNATIONAL AIRLINES
Edition: 180906
CONTENTS
ARTICLE 1 Definitions
ARTICLE 2 Applicability
ARTICLE 3 Tickets
ARTICLE 4 Stopover
ARTICLE 5 Fares and Charges
ARTICLE 6 Reservations
ARTICLE 7 Check-in
ARTICLE 8 Refusal and Limitation of Carriage
ARTICLE 9 Baggage
ARTICLE 10 Schedules, Cancellation of Flight
ARTICLE 11 Refunds
ARTICLE 12 Conduct Aboard Aircraft
ARTICLE 13 Arrangements for Additional Services
ARTICLE 14 Administrative Formalities
ARTICLE 15 Successive Carriers
ARTCLE 16 Liability for Damage
ARTICLE 17 Time Limitation on Claims and Actions
ARTICLE 18 Other Conditions
ARTICLE 19 Modification and Waiver
ARTICLE 20 Jurisdiction
ARTICLE 1. DEFINITIONS
In these Conditions, except where the context otherwise requires or where it
is otherwise expressly provided, the following expressions have the following
meanings:
Carrier Means Joint-stock venture "Ukraine International Airlines"
that was organized and exists under the law of Ukraine. When operating
international and domestic flights it acts as an independent airline and is a
legal entity.
Authorized Agent Means a person who has been appointed by the Carrier to
perform ground handling of passengers, baggage or to represent the Carrier in
the sale of air transportation on the Carrier's flights, or, if accordingly
authorized, on other carriers' flights.
Property Irregularity Report (PIR) Means a document that was drawn up by the
Carrier in the presence of the passenger (recipient) in case of revealing of any
damage to the baggage carried by the aircrafts of one or more airlines.
Baggage Means personal property of the passenger assigned for wearing, use,
comfort and convenience during the flight. Unless otherwise specified, it
consists of both Checked and Unchecked Baggage.
Baggage Check Means that portion of the Ticket which relate to the carriage
of the Checked Baggage.
Baggage Identification Tag Means a document issued solely for identification
of Checked Baggage.
Days Mean calendar days, including all seven (7) days of the week; provided
that, for the purpose of notification, the day upon which notice is dispatched
shall not be counted; and provided further that for purposes of determining
duration of validity of a Ticket, the day upon which the Ticket is issued, or
the flight commenced shall not be counted.
Electronic Ticket Means the Itinerary/Receipt, the Electronic Coupons and, if
applicable, a boarding document.
Electronic Coupon Means a part of an Electronic Ticket used for carriage on a
flight or any other replacement document held in the Carriers' database.
Checked Baggage Means Baggage of which the Carrier takes custody and for
which the Carrier has issued a Baggage Check, and/or a Baggage Identification
Tag.
Damage Includes death of, wounding of. or bodily injury to a Passenger, loss,
partial loss, theft of or other damage, arising out of or in connection with
carriage or other services incidental thereto performed by the Carrier.
Stopover Means a scheduled stop on the passenger's journey, at a point
between the place of departure and the place of destination.
Ticket Means either the document entitled "Passenger Ticket and Baggage
Check" or the Electronic Ticket, in each case issued by the Carrier
(Authorized Agent), and includes the Conditions of Contract, notices and
Coupons.
Airline Designator Code Means two-characters, which identify particular air
carriers.
Convention Means whichever of the following instruments are applicable:
the Convention for the Unification of Certain Rules Relating to International
Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as
the Warsaw Convention);
the Warsaw Convention as amended at The Hague on 28 September 1955;
The Guadalajara Supplementary Convention (1961) (Guadalajara).
Unchecked Baggage Means any of passenger's Baggage other than Checked
Baggage. This baggage, under the Carrier's permit, is carried in aircraft cabin
and remains under passenger's custody.
Normal (published) fare Means a fare, with minimal restrictions of its
applicability, prescribed for carriage in business or economy classes and
published in automated reservation systems.
Passenger Means any person, except members of the crew, carried or to be
carried in an aircraft pursuant to a Ticket.
Passenger Coupon or Passenger Receipt Means that portion of the Ticket,
issued by the Carrier (Authorized Agent), which is so marked and which
ultimately is to be retained by the passenger.
Flight Coupon Means that portion of the Ticket that bears the notation
"good for passage" or in case of an Electronic Ticket, the Electronic
Coupon and indicates the particular places between which the passenger is
entitled to be carried.
Carrier's Regulations Means rules, other than these Conditions, published by
the Carrier and in effect on date of ticket issue, governing carriage of
passengers and/or baggage and shall include, but not be limited to, any
applicable tariffs in force, passenger and baggage handling standards,
complaints and claims consideration, etc.
Point of departure Means a place (an airport) specified in the Ticket, where
the carriage of a passenger (baggage) commences.
Point of transfer Means a place (an airport) specified in the Ticket, where a
passenger boards next flight of another or the same airline.
Point of destination Means a place (an airport) specified in the Ticket, where
the carriage of a passenger (baggage) is completed.
Itinerary/Receipt Means a document or documents issued by the Carrier to
passengers travelling on Electronic Tickets that contains the Passenger's name,
flight information and notices.
Reasonable period of time of delivery (passenger (baggage)) Means a period of
time, which, when air carriage takes place, does not exceed 3 hours from time of
commencing or completion of a flight that is specified in the Carrier's
Schedule.
Conjunction Ticket Means a Ticket we have issued to you with conjunction with
another Ticket, which together constitute a single contract of carriage.
Special fare Means a fare that has some limitations in its applicability,
prescribed for carriage in economy class (in most cases) and published as a
special fare in automated reservation systems.
Fare Means an amount of money, defined by the Carrier, for carriage of a
passenger or per unit weight/volume of baggage on the specified flight at the
specified class of carriage.
Check-In Deadline Means a time limit, specified by the Carrier, by which a
passenger must have completed check-in formalities and received boarding pass.
Force Majeure Means unusual and unforeseeable circumstances beyond control of
the Carrier or a passenger, the consequences of which could not have been
avoided even if all due care had been exercised.
Charter carriage Means a freightage of an airplane, by which the Carrier
commits itself to granting the Customer full or partial capacity of its
aircraft, for one or more flights for carriage passengers, baggage, cargo, mail
or other goods as specified in Charter Agreement.
ARTICLE 2. APPLICABILITY
2.1. Except as provided in paragraphs 2.2, 2.4 and 2.5 below, this Conditions
of Carriage apply only on those flights, or flight segments, where the Carrier's
name or Airline Designator Code is indicated in the carrier box of the Ticket
for that flight or flight segment.
These Conditions apply also to gratuitous and reduced fare carriage except to
the extent that the Carrier has provided otherwise in its Regulations or in the
relevant contracts, pas or tickets.
2.2. If carriage is performed pursuant to a charter agreement, these
Conditions of Carriage apply only to the extent they are incorporated by
reference or otherwise, in the charter agreement or the Ticket.
2.3. On some services we have agreements with other carriers known as
"Code Shares". This means that even if a passenger have a reservation
with the Carrier and hold a Ticket where the Carrier's name or Airline
Designator Code is indicated as the carrier, another carrier may operate the
aircraft. If such agreements apply, the Carrier (or its Authorized Agent) will
advise a passenger of the carrier operating the aircraft at the time of making a
reservation and at the airport upon check-in. In such cases may apply Conditions
of carriage of passengers and baggage of actual carrier, which may differ from
those of the Carrier that has issued the ticket.
2.4. Overriding Law:
To the extent that any provision contained or referred to herein is contrary
to anything contained in the Convention, where applicable and any applicable
laws, government regulations, order or requirements that cannot be waived by
agreement of the parties, such provision shall not apply. The invalidity of any
provision shall not affect the validity of any other provision herein.
ARTICLE 3. TICKETS
3.1. Ticket prima facie evidence of the contract:
3.1.1. The Ticket constitutes prima facie evidence of the contract of
carriage between the Carrier and the passenger named on the ticket. The right
for carriage is granted only to the person that purchased the ticket or may
produce, as a proof of full or partial payment for, any other document issued by
the Carrier or its Authorized Agent.
The Ticket is and remains at all times the property of the issuing carrier.
The conditions of carriage, stated in the ticket are the brief summary of these
Conditions and some other regulations.
3.1.2. Except in case of an Electronic Ticket, a passenger shall not be
entitled to be carried on a flight unless presenting a Ticket valid and duly
issued in accordance with the Carrier's Regulations and containing the Flight
Coupon for that flight and all other unused Flight Coupons and the Passenger
Coupon. In addition, a passenger shall not be entitled to be carried if the
Ticket presented is mutilated or if it has been altered otherwise than by the
Carrier or its Authorized Agent. In case of the Electronic Ticket, a passenger
shall not be entitled to be carried on a flight unless providing positive
identification and possessing a ticket valid and duly issued in accordance with
the Carrier's regulations and contained in the Carrier's database.
3.1.3. In case of loss or mutilation of a Ticket (or part of it) by a
passenger or non-presentation of a Ticket containing the Passenger Coupon and
all unused Flight Coupons, upon passenger's request the Carrier will replace
such Ticket (or part of it) by issuing a new Ticket, provided there is evidence,
readily ascertainable at the time, that a Ticket valid for the flight(s) in
question was duly issued and the passenger sign an agreement to reimburse the
Carrier for any costs and losses, up to the value of the original ticket, which
are necessarily and reasonably incurred by the Carrier or another carrier for
misuse of the Ticket. The Carrier will not claim reimbursement from the
passenger for any such losses which result from the Carrier's own negligence.
The issuing carrier may charge a reasonable administration fee for this service,
unless the loss or mutilation was due to the negligence of the issuing carrier,
or its agent.
3.1.4. The Carrier is entitled to refuse a passenger in issuing a replacement
ticket in case the passenger refuses to sign the agreement mentioned in 3.1.3.
and/or declines to pay administrative fee for such service.
3.1.5. Ticket is not transferable. It may be used only for carriage of the
person specified in it, for which reason the Carrier has a right to demand
proper identification of the passenger.
3.2. Period of validity and its prolongation:
A ticket issued upon published fare is valid for air carriage for one year
from the date of commencing the carriage or the date of issue, if no part of the
ticket was used.
A ticket issued upon special fare is valid for air carriage only until the date
specified and on conditions established by the Carrier's fare regulations
3.2.1. The validity of passenger's ticket will be extended until the first
flight, on which space is available in the class of service for which the fare
has been paid in case the Carrier:
.
" Cancels the flight, on which the passenger holds a reservation; or
" Omits a scheduled stop, being the passenger's place of departure,
place of destination or a stopover; or
" Fails to operate a flight reasonably according to schedule; or
" Causes the passenger to miss connection; or
" Substitutes a different class of service; or
" Is unable to provide previously confirmed space
3.2.2. If, after having commenced the journey, a passenger is prevented from
traveling within the period of validity of the Ticket by reason of illness, the
Carrier may extend the period of validity of passenger's Ticket until the date
when he/she becomes fit to travel or until the Carrier's first flight after such
date, from the point where the journey is resumed on which space is available in
the class of service for which the fare has been paid. Such illness must be
attested to by a medical certificate. In such circumstances, the Carrier will
similarly extend the period of validity of Tickets of other members of
passenger's immediate family accompanying him/her.
3.2.4 In the event of death of a passenger en route, the Tickets of persons
accompanying the passenger may be modified by waiving the minimum stay or
extending the validity. In the event of a death in the immediate family of a
passenger who has commenced travel, the validity of the passenger's Tickets and
those of his or her immediate family who are accompanying the passenger may
likewise be modified. Any such modification shall be made upon receipt of a
valid death certificate and any such extension of validity shall not be for a
period longer than sixty (60) days from the date of the death.
a3.3. Coupon Sequence and Use
3.3.1. The ticket a passenger has purchased is valid only for the
transportation as shown on the Ticket, from the place of departure via any
Agreed Stopping Places to the final destination.
3.3.2. The Ticket may not be valid and the Carrier may not honour the
passenger's Ticket if the first flight coupon, or in the case of an Electronic
Ticket, an electronic coupon for international travel has not been used and the
passenger commences his/her journey at any stopover or agreed stopping place.
3.3.3. A passenger is accepted for carriage according to the date, flight
number and class of service specified in flight coupon, on which due reservation
is made.
If the ticket was issued without confirmed reservation, the seat may be booked
upon the passenger's request in case the seats in purchased class of service are
available.
3.4. Name and Address of Carrier
3.4.1. The Carriers name may be abbreviated to its Designator Code, or
otherwise, in the ticket.
3.4.2. The Carrier (its Authorized Agent) shall advise the passenger on the
full name of any carrier abbreviated to its Designator Code in the ticket upon
reservation or ticket issue.
3.4.3. The Carrier's address shall be deemed to be the airport of departure
shown opposite the first abbreviation of its name in the carrier box of the
Ticket, or, in case of an Electronic Ticket, as indicated for the Carrier's
first flight segment in the Itinerary/Receipt.
ARTICLE 4. STOPOVER
Stopover may be permitted at agreed stopping places subject to government
requirements and Carrier Regulations. If a passenger holds a ticket issued upon
published fare, stopovers within ticket validity will be permitted at any agreed
place, if applicable laws, the Carrier's fare regulations and schedule allow
such stopovers. If a passenger holds a ticket issued upon special fare and makes
a stopover that is not foreseen by the Carrier's fare regulations, he/she may be
charged an extra fee.
ARTICLE 5. FARES AND CHARGES
5.1 General
Fares apply only for carriage from the airport at the point of origin to the
airport at the point of destination, unless otherwise expressly stated. Fares do
not include ground transport service between airports and between airports and
town terminals, unless provided by the Carrier without additional charges. A
passenger's fare will be calculated in accordance with the Carrier tariff in
effect on the date of payment of the ticket for travel on the specific dates and
itinerary shown on it. Should the passenger change his/her itinerary or dates of
travel, this may impact the fare to be paid.
5.2. Taxes and Charges
Any tax or charge imposed by government or other authority, or by the
operator of an airport, in respect of a passenger or the use by a passenger of
any services or facilities will be in addition to the published fares and
charges and shall be payable by the passenger, except as otherwise provided in
the Carrier's Regulations.
5.3. Currency
Fares and charges are payable in any currency acceptable to the Carrier. When
payment is made in a currency other than the currency in which the fare is
published, such payment will be made at the rate of exchange established in
accordance with the Carrier's Regulations.
ARTICLE 6. RESERVATIONS
6.1. Reservation Requirements
6.1.1. The Carrier or its Authorized Agent will record passenger's
reservation(s). Upon request the Carrier or its Authorized Agent will provide
the passenger with written confirmation of his/her reservation(s).
6.1.2. As provided in these Regulations, certain fares may have conditions
which limit or exclude passenger's right to change or cancel reservations.
6.2. Ticketing Time Limits
If a passenger has not paid for the Ticket prior to the specified ticketing
time limit, as advised by the Carrier or its Authorized Agent, they may cancel
the reservation.
6.3. Personal Data
A passenger recognizes that personal data that have been given to the Carrier
for the purposes of: making a reservation, issuing a Ticket, obtaining ancillary
services, developing and providing services, facilitating immigration and entry
procedures, and making available such data to government agencies, in connection
with passenger's travel. For these purposes, the passenger authorizes the
Carrier to retain and use such data and to transmit it to its own offices,
Authorized Agents, government agencies, other Carriers or the providers of the
above mentioned services.
6.4. Seating
The Carrier will endeavor to honour a passenger advance seating requests,
however, it cannot guarantee any particular seat in the aircraft and the
passenger agrees to accept any seat that may be allotted on the flight in the
class of service for which the ticket has been issued. The Carrier reserves the
right to assign or reassign seats at any time, even after boarding of the
aircraft. This may be necessary for operational, safety or security reasons.
6.5. Cancellation of Onward Reservations ("No-Show")
If a passenger did not show up for the flight he/she has confirmed
reservation and failed to inform the Carrier about changes in his/her travel in
advance, the Carrier is entitled to cancel the reservation.
However, if the passenger will advice the Carrier on changes of his/her
intentions beforehand, within the time limits specified in the Carrier's
regulations, the onward and/or return reservation will be retained.
ARTICLE 7. CHECK-IN
7.1. To pass all pre-flight formalities a passenger has to arrive to the
place where the Carrier performs check-in and boarding with all necessary
documents not later than Check-in Deadline specified by the Carrier or its
Authorized Agent.
If the passenger fails to arrive in time at the Carrier's check-in location or
boarding gate or appear improperly documented and not ready to travel, the
Carrier may cancel the space reserved for the passenger and will not delay the
flight.
Check-in Deadlines for the Carrier's flights can be found in its timetable, or
may be obtained from the Carrier's or its Authorized Agents' offices
7.2. The Carrier will not be liable to the passenger for any loss or expense
incurred due to his/her failure to comply with the provisions of this Article.
ARTICLE 8. REFUSAL AND LIMITATION OF CARRIAGE
8.1. Right to refuse carriage:
The Carrier may refuse carriage of any passenger or passenger's baggage for
reasons of safety or if, in the exercise of its reasonable discretion, the
Carrier determines that:
8.1.1. Such action is necessary in order to comply with any applicable
government laws, regulations, or orders of any state or country to be flown
from, into or over; or
8.1.2. The conduct, age, or mental or physical state of the passenger is such
as to:
- require from the Carrier, when check-in or boarding, a special assistance
which he/she have not previously required, or
- cause discomfort or make himself or herself objectionable to other
passengers, crew members, or
- involve any hazard or risk to himself or herself or to other persons or to
property; or
8.1.3. The passenger failed to observe the Carrier's instructions concerning
flight safety and/or refused to submit to a security check of airport security
officers, the Carrier's security staff or other government officials;
8.1.4. The passenger's personal conduct arouses doubts on flight safety
during transportation of that person. To such personal conduct belongs
aggressive behaviour, use of threats upon other passengers or the Carrier's
personnel;
8.1.5. The passenger has not paid the applicable fare, taxes, fees or
charges, or the credit agreement between the Carrier and the passenger was not
implemented;
8.1.6. The passenger does not appear to have valid travel documents;
8.1.7. The passenger may seek to enter a country through which he/she may be
in transit, or for which he/she does not have valid travel documents;
8.1.8. The passenger may destroy his/her travel documents during flight;
8.1.9. The passenger refuse to surrender his/her travel documents to the
flight crew, against receipt, when so requested;
8.1.10. The ticket presented by the passenger:
" has been purchased from an entity other than the Carrier or its
Authorized Agent (the Carrier reserves the right to retain such tickets, declare
them invalid and refuse to refund);
" has been reported as being lost or stolen (the Carrier reserves the right
to retain such tickets, declare them invalid and refuse to refund);
" is a counterfeit (the Carrier reserves the right to retain such tickets,
declare them invalid and refuse to refund);
" has a flight coupon with alterations made by an entity other than the
Carrier or its authorized Agent or was mutilated (the Carrier reserves the right
to retain such tickets, declare them invalid and reissue them);
8.1.11. The passenger cannot prove that he/she is the person named in the
ticket (the Carrier reserves the right to retain such tickets, declare them
invalid and refuse to refund);
8.1.12. The passenger has committed misconduct or offence earlier, and the
Carrier has reason to believe that such conduct may be repeated;
8.1.13. The passenger has been notified in writing by the Carrier that it
would not carry him/her again on the Carrier's flights.
8.2 Special Assistance
Acceptance for carriage of unaccompanied children, disabled persons, pregnant
women, and persons with illness or other people requiring special assistance is
subject to prior arrangement with the Carrier. The above shall be in accordance
with the Carrier's Regulations.
ARTICLE 9. BAGGAGE
9.1 Items Unacceptable as Baggage
9.1.1. A passenger must not include in his/her Baggage:
" items which are likely to endanger the aircraft or persons or property
onboard the aircraft, including explosives, compressed gases, corrosive
materials, oxidizers, radioactive and combustible substances, magnets, poisons,
harmful or irritating matters such as those specified in the International Civil
Aviation Organization (ICAO) Technical Instructions for the Safe Transportation
of Dangerous Goods by Air and the International Air Transport Association (IATA)
Dangerous Goods Regulations, and in the Carrier's regulations;
" items the carriage of which is prohibited by the applicable laws,
regulations or orders of any state to be flown from or to or over;
" items which are reasonably considered by the Carrier to be unsuitable for
carriage because they are dangerous, unsafe or by reason of their weight, size,
shape or character, or which are fragile or perishable.
" live animals, except as provided for in Paragraph 9.10 of this Article;
9.1.2. Firearms and ammunition other than for hunting and sporting purposes
are prohibited from carriage as Baggage. Firearms and ammunition for hunting and
sporting purposes may be accepted as Checked Baggage in accordance with the
Carrier's regulations, but for such purpose the passenger must let the Carrier
know of his/her intention to carry them when making the reservation. All such
weapons must be unloaded with the safety catch on, and suitably packed. The
carriage of ammunition is subject to ICAO and IATA Dangerous Goods Regulations.
9.1.3. Weapons such as antique firearms, swords, knives and similar items may
be accepted as Checked Baggage, in accordance with our Regulations, but will not
be permitted in the cabin of the aircraft.
9.2. Right to refuse carriage
9.2.1. The Carrier may refuse carriage as Baggage of such items described in
Paragraph 1 of this Article as are prohibited from carriage as baggage and may
refuse further carriage of any such items on discovery thereof.
9.2.2. The Carrier may refuse to carry as Baggage any item because of its
size, shape, weight or character.
9.2.3. Unless advanced arrangements for its carriage have been made with the
Carrier, the Carrier may carry baggage on a later flight, if it is in excess of
the applicable free allowance.
9.2.4. The Carrier may refuse to accept baggage as checked baggage unless it
is properly and securely packed in suitable containers to ensure safe carriage
with ordinary care in handling.
9.3. Right of Search
For reasons of safety and security, the Carrier may request that the
passenger permits a search and scan of his/her person and a search, scan or
x-ray of his/her baggage performed by the airport authorities, the Carrier's
security staff or any other authorized body. If the passenger is not available,
his/her baggage may be searched in his/her absence for the purpose of
determining whether it contains any item described in paragraph 9.1 above. If
the passenger is unwilling to comply with such request the Carrier may refuse to
carry him/her and/or his/her Baggage.
9.4. Checked Baggage
9.4.1. The passenger's baggage to be checked upon delivery to the Carrier;
the latter shall take custody thereof and issue a Baggage Identification Tag for
each piece of the passenger's checked baggage.
9.4.2. Each piece of the checked baggage must be affixed with personal
identification tag, specifying passenger's name and address, prior to
acceptance.
9.4.3. Checked Baggage will, whenever possible, be carried on the same
aircraft as the passenger unless the Carrier decides that this is impracticable,
in which case the Carrier shall carry the checked baggage on its next flight on
which space is available. If the passenger's checked baggage is carried on
another flight the Carrier will deliver it to him/her, unless applicable law
requires the passenger to be present for customs clearance.
9.5. Free Baggage Allowance
A passenger may carry some Baggage, free of charge, subject to the Carrier's
conditions and limitations, in accordance with its Regulations. Free baggage
allowance is determined by weight ("weight concept") or number of
pieces ("piece concept"). The passenger's free Baggage allowance will
be shown on his/her ticket or, in case of an Electronic Ticket, on
Itinerary/Receipt.
9.6. Excess Baggage
The passenger will be required to pay a charge for carriage of Baggage in
excess of the free Baggage allowance at the rate and in the manner provided in
the Carrier's Regulations, effective at the date of payment. Detailed
information on Carrier's tariffs is available from its representatives' offices
or its authorized agents. The Carrier is entitled to refuse to carry the baggage
in case the passenger is unwilling to provide due excess baggage payment.
9.7. Excess value declaration and charge
The Carrier does not except the passenger's excess value declarations for
his/her checked and/or unchecked baggage. Passengers making such declaration
should be encouraged to take out private insurance.
9.8. Unchecked Baggage
9.8.1. Some part of the passenger's baggage may be carried in the cabin if
this complies with the Carrier's Regulations on size and weight. The hand
baggage which the passenger carries onto the aircraft must fit under the seat in
front of him/her or in an enclosed storage compartment in the cabin of the
aircraft. Items determined by the Carrier to be of excessive weight or size, or
deemed to be dangerous will not be permitted in the cabin and will be carried as
checked baggage.
9.8.2. Objects not suitable for transportation in the cargo compartment (such
as delicate musical instruments and the like) will only be accepted for carriage
in the cabin compartment if due notice has been given in advance and permission
granted by the Carrier. The transportation of such objects will be charged for
separately, according to effective tariffs.
9.9. Collection and Delivery of Checked Baggage
9.9.1. The passenger shall collect his/her Checked Baggage as soon as it is
available for collection at point of destination or Stopover. If checked baggage
is not claimed for 3(three) month from the date of passenger's arrival to
destination, it will be processed (disposed of) according to regulations of the
airport it was stored.
9.9.2. Only the bearer of the Baggage Check and Identification Tag, issued
upon check-in, is entitled to delivery of baggage. Failure to exhibit the
baggage identification tag shall not prevent delivery provided the baggage check
is produced or the baggage is identified by other means.
9.9.3. If a person claiming the baggage is unable to produce the Baggage
Check and identify the Baggage by means of a Baggage Identification Tag, the
Carrier shall deliver the Baggage to such person only on condition that he or
she establishes to the Carrier's satisfaction his or her right to the Baggage.
9.10. Animals
9.10.1. Animals such as dogs, cats, household birds and other pets, when
properly crated and accompanied by valid health and vaccination certificates,
entry permits, and other documents required by countries of entry or transit
will, with the advanced agreement with the Carrier, be accepted for carriage.
The Carrier is entitled to limit the number of animals carried on one flight.
Non-compliance with such regulations may result in refused animals' carriage
9.10.2. If accepted as Baggage, the animal, together with its container and
food carried, shall not be included in the passenger's free baggage allowance,
but shall constitute excess baggage, for which he/she shall pay the applicable
rate. Information on animals' transportation and applicable tariffs is provided
on passenger's request.
9.10.3. Guide dogs accompanying sight/hearing impaired and physically
handicapped passengers will be carried free of charge in addition to the normal
free baggage allowance, subject to the Carrier's Regulations.
9.10.4. Acceptance for carriage of animals is subject to the condition that
the passenger assumes full responsibility for such animal. The Carrier shall not
be liable for injury to or loss, delay, sickness or death of such animal in the
event that it is refused entry into or passage through any country, State or
territory.
ARTICLE 10. SCHEDULES, CANCELLATION OF FLIGHTS
10.1. Schedules:
The Carrier will take all appropriate measures to deliver a passenger and
his/her baggage within reasonable period of time according to a published
schedule, effective at the date of travel.
10.2. Cancellation, Rerouting, Delays, Etc.:
If, for some reasons, including poor weather conditions, air traffic control
restrictions, technical malfunctions that endanger or make impossible safe and
secure flight operation, the Carrier cancels a flight, fails to operate a flight
reasonably according to the schedule, fails to stop at the passenger's
destination or Stopover destination, or causes the passenger to miss a
connecting flight on which he/she holds a confirmed reservation, the Carrier
shall either:
10.2.1. Carry the passenger at the earliest opportunity on another of its
scheduled services, on which space is available, or:
10.2.2. Within a reasonable period of time re-route the passenger to the
destination shown on his/her Ticket by the Carrier's own services or those of
another carrier, or by ground transport. If the fare and charges for the revised
routing are higher than what the passenger has originally paid, the Carrier will
not demand to pay the difference and shall refund the difference, if the fare
and charges are lower, or:
10.2.3. Make a refund in accordance with the provisions of Article 11 below.
10.2.4. Except for deliberate and negligent actions of its personnel, the
Carrier is not liable for any mistakes and omissions in schedules and other
publications concerning date and time of flight operation prepared by the
Carrier's staff or agents.
10.2.5. Time of departure and aircraft type, specified in schedules and other
publications concerning the Carrier's flight operation are not guaranteed, and
are not mandatory conditions of carriage. The Carrier is entitled to change time
of departure, of which it informs passengers in due time.
ARTICLE 11. REFUNDS
11.1. General
On failure by the Carrier to provide carriage in accordance with the contract
of carriage, or where a passenger requests a voluntary change of his or her
arrangements, refund for an unused ticket or portion thereof shall be made by
the Carrier in accordance with this Article and The Carrier's Regulations.
11.2. Person to whom refund will be made
11.2.1. Except as hereinafter provided in this Article, The Carrier shall be
entitled to make refund either to the person named in the ticket, or to the
person who has paid for the ticket upon presentation of satisfactory proof.
11.2.2. If a Ticket has been paid for by a person other than the one named on
the Ticket, and the Ticket indicates that there is a restriction on refund, the
Carrier shall make a refund only to the person paying for the ticket or to that
person's order.
11.2.3. Except for the case of a lost Ticket, refunds will only be made when
the passenger's ticket coupon and all unused flight coupons are surrendered to
the Carrier.
11.2.4. A refund made to anyone presenting passenger ticket coupon or receipt
and all unused flight coupons and holding himself or herself out as a person to
whom refund may be made in terms of sub-paragraphs 11.2.1 or 11.2.2 of this
Article shall be deemed a proper refund and shall discharge the Carrier from
liability and any further claim for refund.
11.3. Involuntary Refunds
If the Carrier cancels a flight, fails to operate a flight reasonably
according to schedule, fails to stop at a point to which a passenger is destined
or ticketed to stop over, is unable to provide previously confirmed space or
causing to miss a connecting flight on which the passenger holds a reservation,
the amount of the refund shall be:
11.3.1. If no portion of the Ticket has been used, an amount equal to the
fare paid;
11.3.2. If a portion of the Ticket has been used, the refund will be the
higher of:
11.3.2.1. The one way fare ( less applicable discounts and charges) from
point of interruption to destination or point of next stopover, or
11.3.2.2. The difference between the fare paid and the fare for the
transportation used.
11.4. Voluntary Refunds
If a passenger is entitled to a refund of Ticket for reasons other than those
set out in paragraphs of this Article, the amount of the refund shall be:
11.4.1. If no portion of the Ticket has been used, an amount equal to the
fare paid, less any applicable service charges or cancellation fees;
11.4.2. If a portion of the Ticket has been used, the refund will be an
amount equal to the difference between the fare paid and the applicable fare for
travel between the points for which the Ticket has been used, less any
applicable service charges or cancellation fees.
11.5. Refund on Lost Ticket
11.5.1. If a passenger looses his/her Ticket or portion of it, upon
furnishing the Carrier with satisfactory proof of the loss, and payment of a
reasonable administration charge, refund will be made as soon as practicable
after the expiry of the validity period of the Ticket, on condition:
11.5.1.1. That the lost Ticket or portion of it has not been used, previously
refunded or replaced;
11.5.1.2. That the person to whom the refund is made undertakes, in such form
as may be prescribed by the Carrier, to repay the amount refunded in the event
of fraud and/or to the extent that the lost Ticket or portion of it is used.
11.6. Right to refuse refund
11.6.1. The Carrier may refuse a refund, if:
" appropriate application is made after the expiry of the validity of the
Ticket or other term, specified by the Carrier's Regulations;
" the ticket was purchased upon the special fare, which does not stipulate
for a refund (in that case the passenger shall be informed by the Carrier (its
Agent) upon booking and appropriate remark shall be made in the ticket);
" the ticket which has been presented to the Carrier, or to Government
officials, as evidence of intention to depart from that country, unless the
passenger establish to the Carrier's satisfaction that he/she has permission to
remain in the country or that he/she will depart from that country by another
carrier or another means of transport.
11.7. Currency
All refunds will be subject to Government laws, rules and regulations and
orders of the country in which the ticket was originally purchased and of the
country in which the refund is being made. Subject to the foregoing provision,
refund will normally be made in the currency in which the ticket was paid for,
but may be made in another currency in accordance with the Carrier's
Regulations.
11.8. By Who Ticket Refundable
Voluntary refunds will be made only by the carrier which originally issued
the Ticket or by its agent if so authorized.
ARTICLE 12. CONDUCT ABOARD AIRCRAFT
12.1. If, in the Carrier's reasonable opinion, a passenger conducts him- or
herself aboard the aircraft so as to endanger the aircraft or any person or
property onboard, or obstruct the crew in the performance of their duties, or
fail to comply with any instructions of the crew, or behave in a manner which
causes discomfort, inconvenience, damage to other passengers or the crew, the
Carrier may take such measures as it deems reasonably necessary to prevent
continuation of such conduct. The passenger may be disembarked and refused
onward carriage at any point, and may be prosecuted for offences committed on
board the aircraft in accordance with all applicable laws.
12.2. For safety reasons, the Carrier may forbid or limit operation aboard
the aircraft of electronic equipment, including, but not limited to cellular
telephones, portable recorders, portable radios, electronic games or
transmitting devices, including radio controlled toys and walkie-talkies.
Operation of hearing aids and heart pacemakers is permitted. Operation of any
other electronic devices without the Carrier's consent is also forbidden.
12.3. A passenger will not be accepted onboard if he/she is under influence
of alcohol, drugs or any other substance that may endanger his/her personal
safety, cause discomfort or endanger other passengers or crew members. Alcohol
consumption onboard is only allowed in quantities offered by the Carrier.
12.4. If, because of passenger's misconduct, the Carrier sustains additional
damages or costs the passenger is liable to refund such costs.
ARTICLE 13. ARRANGEMENTS FOR ADDITIONAL SERVICES
13.1. If, in terms of agreement on air carriage, the Carrier make
arrangements for the provision of additional services it shall have no liability
to the passenger except for negligence on its parts in making such arrangements.
ARTICLE 14. ADMINISTRATIVE FORMALITIES
14.1. A passenger shall be solely responsible for complying with all laws,
regulations, orders, demands and travel requirements of countries to be flown
from, into or over, and with the Carrier or any other involving Carriers
Regulations and instructions. The Carrier shall not be liable for any aid or
information given by any agent or employee of the Carrier to any passenger in
connection with obtaining necessary documents or visas, whether given in writing
or otherwise, or for the consequences to any passenger resulting from his or her
failure to obtain such documents or visas.
14.2. Travel Documents:
Prior to travel, a passenger must present all exit, entry, health and other
documents required by law, regulation, order, demand or other requirement of the
countries concerned, and permit the Carrier to take and retain copies thereof.
The Carrier reserves the right to refuse carriage if the passenger has not
complied with these requirements or his/her travel documents do not appear to be
in order.
14.3. Refusal of entry:
A passenger shall pay the applicable fare whenever the Carrier or any other
involving carrier, on Government order, is required to return to the passenger's
point of origin or elsewhere, owing to his/her inadmissibility into a country,
whether of transit or of destination.
The passenger will refund the Carrier all cost incurred because of his/her
deportation.
The Carrier may apply to the payment of such fare any funds paid to it for
unused carriage, or any funds of the passenger in the Carrier's possession. The
fare collected for carriage to the point of refusal or denied entry will not be
refunded by the Carrier.
14.4. Passenger Responsible for Fines, Detention Costs, Etc.
If the Carrier is required to pay any fine or penalty or to incur any
expenditure by reason of a passenger's failure to comply with laws, regulations,
orders, demands or other travel requirements of the countries concerned or to
produce the required documents he/she shall reimburse the Carrier on demand, any
amount so paid or expenditure so incurred. The Carrier may apply towards such
payment or expenditure the value of any unused carriage on the passenger's
ticket or any of his/her funds in the Carrier's possession.
14.5. Customs Inspection
If required, a passenger shall attend inspection of his/her Baggage, by
customs or other Government officials.
14.6. Security Inspection
A passenger shall submit to any security checks by Government, airport
officials of the Carrier's security staff.
The Carrier is not liable to the passenger for any loss or damage suffered by
him/her in the course of such inspection or through his/her failure to comply
with this requirement
ARTICLE 15. SUCCESSIVE CARRIERS
Carriage to be performed by several successive Carriers under one ticket, or
under a ticket and any conjunction ticket issued in connection therewith is
regarded as a single operation.
ARTICLE 16. LIABILITY FOR DAMAGE
16.1. The liability of the Carrier for air transportation according to
passenger ticket is defined in Warsaw Convention and applicable Ukrainian
legislation, which does not contradict provisions of the Convention. The
transportation fulfilled by the Carrier is subject to regulations and
restrictions specified in this Convention.
16.2. As Ukrainian legislation was brought into conformity with international
law and regulations, the Carrier's liability upon operation of domestic flights
complies with general conditions of the Convention.
16.3. The Carrier shall be liable only for damage occurring on its own line.
If the Carrier issues a ticket or checks baggage over the lines of another
Carrier it does so only as agent for such other Carrier. Nevertheless, with
respect to checked baggage the passenger shall also have a right of action
against the first or last Carrier on the related air travel.
16.4. The Carrier shall be liable for damage to a passenger or his/her
checked baggage only if such damage has been caused by the Carrier's negligence.
If there has been contributory negligence on the passenger's part, the Carrier's
liability shall be subject to the applicable law relating to contributory
negligence.
16.5. The Carrier is not liable for any damage arising from its compliance
with any laws or Government regulations, orders or requirements, or from the
passenger's failure to comply with the same.
16.6. The Carrier's liability shall not exceed the amount of proven damages.
We shall furthermore not be liable for indirect or consequential damage.
16.7. Death, wounding of passenger, baggage damage:
16.7.1. The Carrier is liable for death or wounding of a passenger only in
case, that the event that caused death or wounding of the passenger occurred
onboard or during any operations related to embarkation/disembarkation;
16.7.2. The Carrier is liable for damage in case of loss, destruction or
injury to the checked baggage in case that the event that caused loss,
destruction or injury occurred onboard or during any period of time when the
checked baggage was under the Carrier's custody. However, the Carrier is not
liable for damage, if such injury resulted from baggage properties or defects.
The Carrier is not liable for damage to unchecked baggage unless such damage is
caused by its personnel or agents' negligence.
16.7.3. The Carrier is liable for damage caused due to delay in passenger or
baggage delivery. However, the Carrier is not liable for damage caused due to
delay, if there is a proof that his personnel or agents have taken all
appropriate measures to avoid the damage or that such measures could not have
been taken.
16.7.4. If the Carrier proves that damage was caused by carelessness,
erroneous actions or negligence of the person claiming compensation or the
person who is entitled to compensation, the Carrier will be partially or
completely reprieved of liability with respect to the person claiming
compensation at the rate of damage that was caused by such carelessness,
erroneous actions or negligence.
If the damage claim is asserted by other person - not a passenger - due to
his/her death or injury, the Carrier will be partially or completely relieved of
liability at the rate, of which the Carrier will prove that the damage was
caused by carelessness, erroneous actions or negligence of the passenger.
16.7.5. The Carrier's liability with respect to a passenger for death,
wounding or other bodily injury shall be limited to the sum of:
" US$20, 000 (or equivalent amount in other currency);
" US$75,000 (including legal costs), or
" US$58,000 (excluding legal costs) - for carriage, where point of
departure, arrival or agreed stopover, or any of these is located on the
territory of the United States of America.
16.7.6. The Carrier reserves the right for legal defense from any claim in
compliance with the Convention. The Carrier reserves the right of recourse
against any third party, including the right for compensation for damages.
16.7.7. If any of the passengers carried, whose age or mental or physical
condition is such as to involve any hazard or risk to himself or herself, the
Carrier shall not be liable for any illness, injury or disability, including
death, attributable to such condition or for the aggravation of such condition.
16.7.8. With respect to damage caused by destruction, loss or injury of
baggage, the Carrier's liability shall be limited to the sum of:
" US$20 (or equivalent amount in other currency) per kilogram of checked
baggage.
When assessing the Carrier's liability, the weight taken into account is limited
to the weight of respective lost piece of baggage or part of it contents, lost
or damaged package (packages).
However, if loss, damage or delay of delivery of checked baggage or its part, or
an article inside the baggage, affects the value of other packages (articles)
entered in the same baggage check, then, when assessing the Carrier's liability,
the total weight of such package (packages) is deducted from total weight of
checked baggage.
" US$400 (or equivalent amount in other currency) per passenger for
unchecked baggage or any other property, which is under his/her custody during
the flight.
16.7.9. If the weight of the baggage is not recorded on the baggage check, it
is presumed that the total weight of the checked baggage does not exceed the
applicable free baggage allowance for the class of service concerned and the
amount of compensation is calculated accordingly.
16.7.10. The Carrier is not liable for injury or for damage of a passenger's
baggage caused by property contained in his/her baggage. Any passenger whose
property causes injury to another person or damage to another person's property
or to the Carrier's property shall indemnify the Carrier for all losses and
expenses incurred by the Carrier as a result thereof.
16.7.11. The Carrier is nor liable for damage to fragile or perishable items,
money, jewelry, precious metals, silverware, negotiable papers, securities, or
other valuables, business documents, passports and other identification
documents, or samples, which are included in passenger's checked baggage.
16.8. Any exclusion or limitation of liability on the Carrier's part shall
apply to and be for the benefit of agents, employees and representatives of the
Carrier and any person whose aircraft is used by the Carrier and such person's
agents, employees and representatives.
The aggregate amount recoverable from the Carrier and from such agents,
employees and representatives and persons shall not exceed the amount of the
Carrier's limit of liability.
ARTICLE 17. TIME LIMITATION ON CLAIMS AND ACTIONS
17.1. Notice of Claims regarding Baggage
17.1.1. No action shall lie in the case of damage to checked baggage unless
the person entitled to delivery complains to us forthwith after the discovery of
the damage, and at the latest, within seven (7) days and in case of delay,
unless the complaint is made at the latest within twenty-one (21) days from the
date of which the baggage has been placed at his/her disposal. Every complaint
must be made in writing and dispatched within the times aforesaid.
Under normal circumstances, the Carrier shall respond to a written complaint
by a passenger within one (1) month from the date of receipt the same; however,
in some complicated cases, the response shall be made within three (3) month.
Where such time period is not sufficient so to permit the complaint to be
properly investigated, we shall provide you an interim response giving the
reason for the delay.
For any information regarding a written complaint by you to the Carrier, please
contact:
Customer Relations Department:
E-mail customerrelations@ps.kiev.ua
Phone +38 044 537 78 76
Fax +38 044 537 70 79
Website www.flyUIA.com
17.2. Limitation of actions
Any right to damages shall be extinguished if an action is not brought within
two years from the date of arrival at the destination, or from the date of which
the aircraft ought to have arrived, or from the date on which the carriage
stopped. The method of calculating the period of limitation shall be determined
by the law of law of the court seized of the case.
ARTICLE 18. OTHER CONDITIONS
Carriage of a passenger and his/her baggage is also provided in accordance
with certain other regulations and conditions applying to or adopted by the
Carrier. These regulations and conditions as varied from time to time are
important. They concern among other things: the carriage of unaccompanied
minors, pregnant women, sick passengers, passengers with reduced mobility,
forbidden items in baggage, limits on measurements, size and weight of baggage,
etc.
Regulations and conditions concerning these maters are available from the
Carrier upon request.
ARTICLE 19. MODIFICATION AND WAIVER
No agent, servant or representative of the Carrier has the authority to
alter, modify or waive any provisions of these Conditions of Carriage.
ARTICLE 20.JURISDICTION
Unless otherwise stated in these Conditions of Carriage, or in the Convention
or in any other applicable laws, any dispute regarding the contract of carriage
between a passenger and the Carrier shall be subject to the exclusive
jurisdiction of the Courts of Law of Kiev, Ukraine, with the exclusion of any
other Court of Law.