ORDER OF THE MINISTRY OF INFRASTRUCTURE OF UKRAINE

of November 30, 2012 No. 735

About approval of Rules of airborne transportations of passengers and baggage

According to part two of article 100 of the Air code of Ukraine, to the Law of Ukraine "About consumer protection", subitem 4.10.119 of subitem 4.10 of item 4 of the Regulations on the Ministry of infrastructure of Ukraine approved by the Presidential decree of Ukraine of May 12, 2011 No. 581, on accomplishment of the Program of integration of Ukraine into the European Union approved by the Presidential decree of Ukraine of September 14, 2000 No. 1072, I ORDER:

1. Approve Rules of airborne transportations of passengers and baggage which are attached.

2. To provide to the public air service of Ukraine:

2.1. Submission of this order in accordance with the established procedure on state registration in the Ministry of Justice of Ukraine.

2.2. The proof of this order to data of the companies, organizations and organizations participating in airborne transportations of passengers and baggage.

2.3. Promulgation of this order on the official site of the Ministry of infrastructure of Ukraine.

3. Declare invalid the order of the Ministry of Transport and Communications of Ukraine of April 23, 2010 No. 216 "About approval of Rules of airborne transportations of passengers and baggage", registered in the Ministry of Justice of Ukraine on August 11, 2010 for No. 669/17964.

4. This order becomes effective from the date of its official publication.

5. To impose control over the implementation of this order on the First Deputy Minister Efimenko K. A.

 

Approved by the Order of the Ministry of infrastructure of Ukraine of November 30, 2012 No. 735

Rules of airborne transportations of passengers and baggage

I. General provisions

1. These rules are developed taking into account requirements of Regulations (EU) of the European Parliament and Council of July 5, 2006 No. 1107/2006 about the rights of disabled people and persons with limited mobility when using airspace, the Regulations (EU) of the European parliament and Council of February 11, 2004 No. 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 October 9, 1997 No. 2027/97 about responsibility of carrier in case of incident, with the changes made by Regulations (EU) of the European parliament and Council of May 13, 2002 No. 889/2002, of the Montreal convention 1999, General terms of transportations of the passengers and baggage established by International association of air transport ("General Conditions of Carriage (passenger and baggage)", IATA), and resolutions and recommended practice of International association of air transport (IATA).

2. Ensuring aviation safety in case of air transportation of passengers and baggage is performed according to the legislation, in particular the Law of Ukraine "About the State program of aviation safety of civil aviation".

3. These rules safety of flights and service quality are developed for the purpose of establishment of general terms of transportation of passengers and baggage by air transport.

4. The terms used in these rules are used in the following values:

the automated system of booking / global distribution sistemasistema which provides display of information on the schedule of flights, availability of places and rates of air carriers and by means of which booking of services of airborne transportations is performed (further - ASB/GRS);

aviation carrier (further - 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 authorized body concerning civil aviation of Ukraine, or in case of foreign air carrier - based on the relevant document of competent authority of other country, conforming to requirements of international treaties which are obligatory for Ukraine;

the aviation carrier performing activities - the carrier performing 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 shall transport the passenger and/or his baggage according to the ticket, and also undertakes the obligation to provide all other services connected with such transportation irrespective of, this legal entity or physical person the actual carrier or contract carrier is. The term "carrier" includes agents, workers, representatives and contractors of carrier if these Rules do not provide other;

the servicing agent - the subject of land servicing authorized by carrier to perform transactions on land servicing of passengers and baggage;

luggage identification label - the document issued by carrier for identification of the registered baggage;

exclusive conditions - conditions under which transportation 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.;

group transportations - transportation of group of persons, having common goal of trip. 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 effective period of transportation documentation, acts and other documents, and also dates of termination of transportation, prescriptive limits for presentation of claims it is reckoned from 00 o'clock in the afternoon, following after days when there was event or action is made, the remaining balance of time of this era in calculation does not undertake. 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 other party (freighter) for a fee all or part of capacity one or several aircrafts on one or several flights for transportation of passengers, baggage;

the damaged ticket - the ticket which condition because of the passenger does not allow to identify or read information containing in it;

bulk transportation - transportations, it is performed with use of different types of transport according to one carriage document with participation of air transport;

stop on route (Stopover) - the temporary stop which is previously approved between carrier and the passenger in any Item, except the points of departure and appointment;

the interlayn-agreement - the agreement on mutual recognition of transportation documentation and carrying out the corresponding settlement;

code of carrier - conditional alphabetic or alphanumeric reference of carrier, is provided to IATA compliance with established procedure which is applied to identification of air carrier in ASB/GRS;

commercial transactions - any agreements between carriers, except the agency agreement, the concerning provisions of the general 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 using air transport or intends to use it;

the route voucher (Itinerary/Receipt) - the document (documents) which (which) is component of the electronic ticket and contains (five) necessary data (for example, surname of the passenger, route, rate, etc.), notifications and messages;

the place of departure - the Item specified in the ticket from which transportation of the passenger and his baggage begins;

The convention on standardization of some rules of the international airborne transportations made on May 28, 1999 in the city of Montreal (further - the Montreal convention);

force majeure - circumstances which give to long delays or cancellations of one or more flights even if the relevant air carrier took all reasonable measures to prevent delays or cancellation. Force majeure are, in particular, but not only, military operations, mass riots, diversion, embargo, the fires, floods and other natural disasters, explosions, actions or failure to act of state bodies, strikes, technical obstacles which resulted from refusal and failures, defects of utility power systems, communication, communications, the equipment, the software;

normal rate - exclusively flexible rate established for servicing of business, economy class of servicing, sometimes for servicing premium class which provides the maximum flexibility on booking of the place, execution of the ticket, term of stop, stop овер, combination of rates, rebooking and changes of route, refusal in transportation and etc. Effective period of rate constitutes 12 months;

the main place of activities of air carrier - the location of the main office on which the main administrative and organizational and financial functions of air carrier are performed;

the basic and the permanent residence - one fixed and the permanent residence of the passenger at the time of incident. Nationality of the passenger is not the determining factor for determination of the permanent residence;

final time of registration of passengers - time after which the passengers who were not in time to be registered on boarding are not accepted for shipment on the corresponding flight;

the transient - the passenger, according to the agreement of airborne transportation is transported further by the same flight by which it arrived in the intermediate airport;

the passenger transfer - the passenger, according to the agreement of airborne transportation goes to Item of transfer (change) by one flight, and further is transported by other flight of the same or other carrier;

the passenger coupon (or the passenger receipt) - part of the passenger paper ticket which remains at the passenger after implementation of transportation and to which are attached the notification on conditions of transportation of the passenger;

the confirmed booking - booking which was made in the automated reservations system and is confirmed by carrier. It is designated in the ticket (electronic ticket) by mark "OK";

airborne transportation - transportation of passengers, baggage, loads or mail, is performed by the aircraft based on the relevant agreement of airborne transportation. Transportation can be international and internal. International delivery - transportation in which the point of departure and destination irrespective of, was or not stop in transportation or overload are located or in the territory of two different countries, or in the territory of one country if the approved stop is provided in the territory of other country. Internal transportations - transportation of passengers and/or baggage on aircrafts between Items which are placed in the territory of Ukraine;

the flight coupon - part of the passenger ticket or in case of the electronic ticket the electronic coupon in which the respective points of departure and arrivals between which the coupon is valid for transportation of the passenger and baggage are determined;

potentially dangerous passengers - category of the passengers performing flight forcibly (escorted, deported) accompanied by the authorized staff of relevant organs;

rules of carrier - rules, instructions and technologies established by carrier which are used during airborne transportation of passengers and/or baggage, including the rule of airborne transportations of passengers and baggage, the rule of application of rates, standards and managements on servicing of passengers and baggage, claims process and claims;

the claim - is constituted in writing the requirement of the interested person about compensation of the damage (losses) which resulted internal or international from airborne transportation;

flight is a lot of armor - flight which the number of the passengers having the confirmed booking and the passengers who arrived to registration till final time of registration exceeds the number of the available places on flight;

reasonable measures - the adequate measures taken by carrier for the purpose of prevention or reduction of damage (losses) of the passenger;

reasonable times - period of time which reasonable limit of duration in case of airborne transportation of the passenger (baggage) constitutes 2:00 or bolsheotnositelno all flights by range up to 1500 kilometers three hours or are more - for all flights by range from 1500 to 3500 kilometers, or 4:00 or more - for all other flights;

the site of route - part of transportation between two Items which is component of complete route and is drawn up on one flight coupon;

the special drawing right (further - SDR) - the settlement monetary unit used by the International Monetary Fund (further - the IMF) is also determined as basket of currencies which structure is periodically reviewed by the IMF in order that it reflected relative value of currencies in world trade and financial systems;

the specific tariff - the rate published by carrier having certain restrictions regarding its application;

special conditions - the conditions of transportation of passengers and baggage arising owing to discrepancy of provisions of these rules to rules of other country or if rules of other country establish lower level of conditions of transportations, than that which is established by Rules or if observance of its rules is required by other country and at the same time is threatened transportation agreement performance;

the subject providing agency services selling airborne transportations (further - the sales agent) - the legal entity performing sales activity of airborne transportations at the request of air carrier or the general agent based on the agreement;

tariff standard rates - are established and published by carrier rates and rules of their application;

the approved places of stop - Items (except the points of departure and appointment) which are determined in the ticket or are given in the schedule of carrier as the planned Items of stops on transportation route;

the charter flight from business objective - charter flight for which accomplishment all reservoir of the aircraft are reserved by one physical person or legal entity only for own needs (without reservoir right to sell to the third party) for the purpose of transportation of passengers and/or load and is not distributed between other freighters. At the same time the number of the passengers transported cannot exceed 15 people, and load - 2 tons.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info