IT IS REGISTERED
in the Ministry of Justice of Ukraine
August 11, 2010.
No. 669/17964
of April 23, 2010 No. 216
About approval of Rules of airborne transportations of passengers and baggage
According to the Regulations on the Ministry of Transport and Communications of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of 06.06.2006 of N 789, article 62 of the Air code of Ukraine in pursuance of the Program of integration of Ukraine into the European Union approved by the Presidential decree of Ukraine of 14.09.2000 of N 1072, and in connection with accession of Ukraine to the Convention on standardization of some rules of the international airborne transportations committed 28.05.99 in the city of Montreal, and also for the purpose of increase in the service level of passengers on air transport I ORDER:
1. Approve Rules of airborne transportations of passengers and baggage (are applied).
2. Public aviation administration (Ovchinnikov O. V.):
2.1. Provide submission of this order in accordance with the established procedure on state registration in the Ministry of Justice of Ukraine.
2.2. Bring requirements of Rules to the attention of the companies, organizations and organizations which are involved in airborne transportations of passengers and baggage.
3. Declare invalid the order of Public service of Ukraine on supervision of safety of aircraft of 14.03.2006 N 187 "About approval of Rules of airborne transportations of passengers and baggage", registered in the Ministry of Justice of Ukraine 13.06.2006 for N 706/12580.
4. This order becomes effective from the date of its official publication.
5. To impose control over the implementation of this order on the deputy minister - the chairman of Public aviation administration of Kolesnik A. A.
Minister K. Efimenko
Approved by the Order of the Ministry of Transport and Communications of Ukraine of April 23, 2010 No. 216
1. These Rules are developed according to the Program of integration of Ukraine into the European Union approved by the Presidential decree of Ukraine of 14.09.2000 of N 1072, article 62 of the Air code of Ukraine, the Law of Ukraine "About consumer protection", Item 3 of the Regulations on Public aviation administration approved by the resolution of the Cabinet of Ministers of Ukraine of 02.11.2006 of N 1526, Regulations (EU) of the European Parliament and Council of 05.07.2006 N 1107/2006 about the rights of disabled people and persons with limited mobility when using airspace, Regulations (EU) of the European Parliament and Council of 11.02.2004 N 261/2004 about introduction of general rules of compensation and the help to passengers in case of refusal in transportation and cancellation or long delay of flights, Regulations of Council (EU) of 09.10.97 N 2027/97 about responsibility of carrier in case of incident with the changes made by Regulations (EU) of the European Parliament and Council of 13.05.2002 N 889/2002.
2. These Rules are developed taking into account provisions of the Warsaw convention of 1929, the Montreal convention of 1999 and General terms of transportations of the passengers and baggage established by International association of air transport ("General Conditions of Carriage (passenger and baggage)", IATA).
3. Ensuring aviation safety during air transportation of passengers and baggage is performed according to the Law of Ukraine "About the State program of aviation safety of civil aviation", other regulatory legal acts developed based on the specified Program.
4. The purpose of these Rules is establishment of general terms of transportation of passengers and baggage air transport in case of which proper level safety of flights and service quality, and also the principles and responsibility of business entities are ensured during airborne transportations of passengers and baggage, including the servicing relating to these transportations.
ASB/GRS - the automated system of booking / global distributive system.
Aviation carrier (air carrier, carrier) - subject of managing which provides services in transportation of passengers, load by air transport: in case of the Ukrainian carrier - based on the license, and also the air operator certificate issued by governmental body of public administration in the field of civil aviation of Ukraine; or based on the relevant document of the competent authority of other country answering to provisions of international treaties which are obligatory for Ukraine, in case of foreign air carrier.
The aviation carrier performing activities, air carrier which performs or intends to perform flight under the contract with the passenger or at the request of other person, legal or physical which has the contract with this passenger, transports or undertakes obligations to transport the passenger and/or his baggage according to the ticket, and also undertakes obligations to provide all other services connected with such transportation irrespective of whether this legal entity or physical person is the actual carrier or contract carrier (determinations of the terms "actual carrier" and "contract carrier" are given in the Section XXVI of these Rules). The term "air carrier" includes agents, workers, representatives and contractors of air carrier if these Rules do not provide other.
The servicing agent - the subject of airport activities authorized by carrier to perform transactions on land servicing of passengers and baggage.
Airport activities - the activities connected with accomplishment of engineering procedures on land servicing of aircrafts, passengers, members of crews, luggage transport, mail and load.
Baggage - objects, property and other personal property of the passenger which transport on the aircraft.
Luggage identification label - the document issued by carrier for identification of the registered baggage.
The luggage receipt - part of the ticket which certifies acceptance in transportation of the registered baggage.
Booking (or reservation) - the preorder of the place on the aircraft on certain flight and date for transportation of the passenger or the preorder of amount and the tonnage on the aircraft on certain flight and date for luggage transport (load).
The Warsaw convention - depending on what of the stated below documents is applied to the transportation agreement will mean:
The convention on standardization of some rules which concern the international airborne transportations, signed in Warsaw 12.10. 29, with the changes made by the Hague Protocol signed in the Hague 28.09.55; The Convention, additional to the Warsaw convention, for standardization of some rules concerning the international airborne transportations which are performed by persons which are not contract carriers signed in Guadalajara 18.09.61 (it is used during domestic airborne transportations).
Exclusive conditions - conditions under which transportations of passengers and baggage do not fall under regular transactions and procedures of operation of civil aircrafts, including conditions under which are transported the peacekeeping contingent, transportation for mitigation of consequences of natural disaster or accident, etc.
Refusal in transportation - refusal of air carrier in transportation of the passenger or his baggage by flight, despite its presence for landing aboard, except for existence of reasonable grounds for refusal in landing, such, as: health protection, safety or inadequate execution of documentation, necessary for transportation (passport, visa, ticket, etc.).
Group transportation - transportation of group of persons, having common goal of travel. The minimum number of group is established by carrier.
Days - calendar days, including all seven days of the week, festive and non-working days. For determination of term of validity of transportation documentation, acts and other documents, and also dates of termination of transportation, prescriptive limits for presentation of claims the days following after days when there was incident are reckoned from 00 o'clock or action is made; the remaining balance of time of these days is not taken into account. If the termination of the term stated above is necessary on festive or the day off, then day of the termination of term is the first behind it the working day.
The agreement of charter (chartering) of aircrafts - the agreement under which one party (freighter) shall present to the second party (freighter) for a fee all or part of capacity in one or several aircrafts on one or several flights for transportation of passengers, baggage.
The electronic ticket - the electronic document which includes printout of route (route voucher), electronic coupons and, in case of use, the document for landing.
The electronic coupon - the part of the electronic ticket used for transportation on the corresponding flight, or other document replacing it which is stored in the database of the automated reservations system of carrier.
The registered baggage - baggage of the passenger which is accepted by carrier under the responsibility for transportation and timely delivery and to which carrier drew up the luggage receipt and issued luggage identification label.
The applied laws - the laws, resolutions and orders, and also other regulatory legal acts regulating implementation of airborne transportations of passengers and baggage of any state from the territory on which territory and through the territory are transported passengers and baggage.
The damaged ticket - the ticket which condition because of the passenger does not give the chance to identify or read information containing in it.
Bulk transportation - transportation which is performed with use of different types of transport according to one carriage document with the participation of air transport.
Stop on route (Stopover) - the temporary stop which is previously approved between carrier and the passenger in transportation in any Item, except the points of departure and appointment.
Interlayn-soglasheniye - the agreement on mutual recognition of transportation documentation and carrying out the corresponding settlement.
The ticket - the document having the name "Passenger Ticket and Luggage Receipt", including the electronic ticket issued by carrier (his agent) which contains terms of the contract of transportation and the message, together with flight and passenger coupons.
Code of carrier - the conditional alphabetic or alphanumeric reference of carrier appropriated to IATA according to established procedure which is applied to identification of air carrier in ASB/GRS.
Commercial agreements - any agreements between carriers, except the agency agreement, the concerning provisions of the joint services connected with airborne transportations of passengers and baggage by them.
Compensation according to the procedure of regress - compensation for expenses at the expense of the third party.
The user - person who uses air transport or intends to use it.
Itinerary/Receipt - the document (documents) which (which) is component of the electronic ticket and contains (ат) necessary data (for example, surname of the passenger, route, rate, etc.), the notice and the message.
Method of ortodromichesky distance of route - method in case of which the distance between two Items on the surface of the globe on arch of bigger circle which plane passes through the center of Earth is measured as the shortest distance.
Method of proreytovy distribution - method in case of which the total income from transportation from the point of departure to destination is distributed on each segment of route according to rules of the calculations stated in IATA Prorate Manual Passenger (PMP), Revenue Accounting Manual (RAM) and Resolutions Manual.
The place of departure - the Item specified in the ticket with which transportation of the passenger and his baggage begins.
The destination - the Item specified in the ticket in which transportation of the passenger and his baggage comes to an end.
Montreal convention - The convention on standardization of some rules of the international airborne transportations, committed 28.05.99 in the city of Montreal. It is used during the international airborne transportations.
Unaccompanied baggage - baggage which is accepted in transportation separately from the passenger and is drawn up according to the freight bill.
Normal rate - the complete rate without any limit concerning its application approved and published by carrier as the normal rate, rate with the minimum restrictions regarding its use established for transportation in business or economy class and published as normal rate in the automated reservations systems.
The main and permanent place of residence - one fixed and permanent place of residence of the passenger at the time of incident. Nationality of the passenger is not the determining factor for determination of the permanent place of residence.
Final time of registration of passengers - time after which expiration the passengers who were not in time to be registered or on boarding, are not accepted in transportation on the corresponding flight.
The passenger - person (except for crew members and additional specialists onboard the aircraft, workers of the operator of the aircraft, the authorized representative of the relevant national authority of the regulation or person accompanying load) who is transported by the aircraft with the consent of carrier according to the transportation agreement.
The passenger with limited mobility (Passenger with reduced mobility - PRM) or the disabled person is passenger whose mobility in usage time of transport is limited because of any physical (touch or musculoskeletal, permanent or temporary) or intellectual incapacity, or for any other reason, or such as old age, and which condition requires the corresponding attention and adaptation to its special needs in servicing that is available to all passengers.
The transient - the passenger who according to the agreement of the international airborne transportation is transported further by the same flight by which it arrived in the intermediate airport.
The passenger transfer - the passenger who according to the agreement of the international airborne transportation goes to Item of transfer (change) by one flight and is transported further by other flight of the same or other carrier.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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The document ceased to be valid according to the Order of the Ministry of infrastructure of Ukraine of November 30, 2012 No. 735