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Considering make your dream of dating come true? Here's what you need to know: UKRAINE INTERNATIONAL AIRLINES GENERAL CONDITIONS OF CARRAIGE Edition: 180906 CONTENTS
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 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: 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. 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. 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. 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. 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. 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. 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: " 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. 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. 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. 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: 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; 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: 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. 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. 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. 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. 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: 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: 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. 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. Customer Relations Department: 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. 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. |
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hotel kiev ukraine - lviv ukraine - ukraine newspaper
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