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Ministry of Justice of Ukraine

February 8, 2019

No. 141/33112

ORDER OF THE PUBLIC AIR SERVICE OF UKRAINE

of November 26, 2018 No. 1239

About approval of Aviation rules of Ukraine of "Rule of airborne transportations and servicing of passengers and baggage"

(as amended on 01-10-2021)

According to parts one, the fifth Article 11, to part two of article 100 of the Air code of Ukraine, Item 8 of the Regulations on the Public air service of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of October 8, 2014 No. 520, for the purpose of reduction of regulatory legal acts in compliance with the legislation of Ukraine and the European Union by PRIKAZYVAYU:

1. Approve the Aviation rules "Rules of Airborne Transportations and Servicing of Passengers and Baggage" which are attached.

2. To management of air transportation and international cooperation of department of air transportation, airports and international cooperation (Shevchuk I. A.) in the procedure established by the legislation to provide:

submission of this order on state registration in the Ministry of Justice of Ukraine;

promulgation of this order on the official website.

3. Declare invalid the 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", registered in the Ministry of Justice of Ukraine on December 28, 2012 for No. 2219/22531.

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

Chairman of State aviaservice

A. Bilchuk

 

It is approved:

Minister of infrastructure of Ukraine

 

V. Omelyan

Minister of Internal Affairs of Ukraine

A. B. Avakov

The chief executive of the Public union "All-Ukrainian public association "National Assembly of persons with disability"

H. Violin

Chairman of the Public regulatory service of Ukraine

K. M. Lyapina

The chairman of Public service of Ukraine on safety issues of foodstuff and consumer protections

B. Claw

Chairman of the Antimonopoly Committee of Ukraine

Yu. Terentyev

Representative of the Verkhovna Rada of Ukraine for human rights

L. Denisova

Head of the Secretariat of the Representative of the Verkhovna Rada of Ukraine for human rights

L. V. Levshun

Approved by the Order of the Public air service of Ukraine of November 26, 2018 No. 1239

Aviation rules of Ukraine "Rule of airborne transportations and servicing of passengers and baggage"

I. General provisions

1. These Aviation rules establish general terms of public conveyance and baggage air transport, safety-of-life function and service qualities.

2. Action of these Aviation rules extends to aviation carriers and other subjects of aviation activities whose activities are connected with public conveyance and baggage air transport.

3. These Aviation rules are developed taking into account requirements of Regulations (EU) of the European Parliament and Council of July 05, 2006 No. 1107/2006 about the rights of disabled people and persons with limited mobility when using airspace, the Convention on the rights of persons with disability, 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 runs, Regulations of Council (EU) of October 09, 1997 No. 2027/97 about responsibility of air 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 Regulations (EU) No. 785/2004 of the European Parliament and Council of April 21, 2004 about requirements to air carriers and operators of air vehicles on insurance, the Convention on standardization of some rules of the international airborne transportations made on May 28, 1999 in the city of Montreal, General terms of public conveyances

and baggage, the established by International association of air transport ("General Conditions of Carriage (passenger and baggage)"), resolutions and recommended practice of International association of air transport (IATA), standards and recommended practice of International Civil Aviation Organization (ICAO).

4. Rules and requirements to airborne transportations of passengers and baggage of the foreign air carriers performing flights to Ukraine shall correspond to the legislation of Ukraine, including these Aviation rules.

5. Ensuring aviation security during air transportation of passengers and baggage is performed according to regulatory legal acts in the field of aviation safety.

6. In these Aviation rules terms are used in such values:

aviation carrier (further - air carrier) - subject of managing which provides services in public conveyance by air transport: the Ukrainian air carrier - based on the license, and also the air operator certificate issued by State aviaservice; foreign air carrier - based on the relevant document of competent authority of other country which corresponds to provisions of international treaties which are obligatory for Ukraine. The term "air carrier" includes employees, representatives and contractors of carrier if these Aviation rules do not provide other;

the automated system of armoring / global distributive system (further - ASB/GRS) - system which provides display of information on flight timetable, availability of places and rates of air carriers, and by means of which armoring of services of airborne transportations is performed;

the servicing agent - the subject of ground handling operations authorized by air carrier to perform transactions on ground handling operations of passengers and baggage;

baggage identification tag - the document issued by air carrier for identification of the registered baggage;

above-standard baggage - part of baggage which exceeds the regulation of free conveyance established by carrier or requires obligatory payment irrespective of the specified regulation;

internal transportation - public conveyance and baggage between the Items located in the territory of Ukraine;

group transportation - transportation of group of persons which have common goal of travel. Group transportation shall be determined in armoring. The minimum number of people in group is established by air carrier;

day - calendar day, including all 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 time marking begins from 00 hours 00 minutes the days following behind day when there was event 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, day of the termination of term is the first behind it the working day;

examination - control procedure on safety with use of technical or other means which is applied to detection of weapon, explosive substances, objects or devices which can be used for making of the act of illegal intervention;

the agreement of charter (chartering) of air vehicles - 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 air vehicles on one or several runs for public conveyance, baggage;

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

bulk transportation - transportation which 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 air carrier and the passenger in any Item, except the points of departure and assignment;

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

code of carrier - the conditional alphabetic or alphanumeric designation of carrier provided to it by International association of air transport (_ATA) 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;

the route voucher (Itinerary/Receipt) - the document (documents) which (which) is constituent of the electronic ticket and contains (at) necessary data (for example, surname of the passenger, route, run, date and time of transportation, booking number, servicing class, rate, etc.), notices and notifications;

international delivery - transportation in case of which the point of departure and destination irrespective of whether is available having rummaged 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;

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

the destination - the Item specified in the ticket in which transportation of the passenger and/or baggage comes to an end;

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

force majeure - circumstances which lead to long delay or cancellation of one or more runs even if the relevant air carrier took all reasonable measures to prevent delay or cancellation. Force majeure are, in particular, but not only, act of war, mass riots, diversions, embargo, the fires, floods or other natural disasters, explosions, actions or divergence of state bodies, strikes, technical obstacles which arose owing to refusal and failures, defects of utility power systems, communication, communications, the equipment, the software. Materiel failures of the air vehicle are not force majeure;

normal rate - the complete rate without any limit concerning application established for servicing of the first, business, premium class, economy class of servicing which assumes the maximum flexibility concerning seat booking, execution of the ticket, term of stop, combination of rates, rearmoring and change of date and route, refusal in transportation and so forth;

the basic and the permanent 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;

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;

final time of registration of passengers and baggage - time after which end passengers who did not manage to be registered or were not in time on landing aboard the air vehicle are not accepted by carrier for shipment by the corresponding run;

the transient - the passenger who according to the air transport agreement is transported further by the same flight by which it arrived in the intermediate airport;

the passenger transfer - the passenger who according to the air transport agreement goes to Item of transfer (change) by one run and is transported further by other run of the same or other air carrier;

the passenger coupon (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 condition of carriages of the passenger;

the confirmed armoring - the armoring made in ASB/GRS and confirmed with air carrier. It is designated in the ticket (electronic ticket) by the mark "OK";

airborne transportation - public conveyance and baggage which is performed by the air vehicle based on the air transport agreement. Transportation can be international or internal;

the flight coupon - part of passenger ticket or, in case of the electronic ticket - the electronic coupon in which the departures corresponding the place and destination between which the flight coupon is valid for transportation of the passenger and baggage are determined;

the embarcation card (boarding pass) - the document (paper or mobile) which confirms the passenger's right to landing of the air vehicle which is granted based on registration of the passenger for run. The mobile embarcation card (Mobile Boarding Pass) - the embarcation card adapted for display on the screen of the electronic device which contains, except personal data, information on run and special barcode for reading by the scanner in the airport. The message on e-mail or the Sms is not the mobile embarcation card;

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

rules of application of rates - the conditions of use of rates established by air carrier providing determination of the territory of sales, season of sale and runs on which it is possible to acquire tickets by certain types of rate, possibility of combination with other types of rates and stops in intermediate point, children's discounts, rules of return of means for the unused ticket or its part, rearmoring conditions, regulation of free conveyance, possibility of transfer of the passenger for transportation of other airline and so forth;

the claim - the requirement of the interested person about recovery of the rights, compensation of the caused damage which resulted from internal or international airborne transportation, compensation payment and so forth constituted in writing;

run - the aircraft flight (according to the schedule or out of the schedule) which is carried out in one direction from starting point of departure to terminal point of route;

run is a lot of armor - run on which the number of the passengers having the confirmed armoring and the passengers who arrived to registration before the expiration of final time of registration and baggage exceeds the number of the available places on run;

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

reasonable times - period of time which reasonable limit of duration in case of airborne transportation of the passenger (baggage) constitutes two hours or more - concerning all runs by range of 1500 kilometers or less; three hours or are more - for all runs by range over 1500 to 3500 kilometers; for four hours or more for all other runs;

route segment - part of transportation between two Items which is constituent of complete route and is drawn up on one flight coupon;

office animals are animals (usually dogs or other animals) who are under control of the passenger with disability or limited mobility and person accompanying such passenger for the purpose of provision to the passenger with disability or limited mobility of physical and/or emotional support provided that presence of animals onboard the air vehicle does not threaten safety of flight, is not threat for other passengers and meets sanitary and hygienic standards;

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