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RESOLUTION OF THE MINISTRY OF TRANSPORT AND COMMUNICATIONS OF THE REPUBLIC OF BELARUS

of August 12, 2009 No. 70

About approval of Aviation rules of airborne transportations of passengers, baggage, loads

(as amended on 16-07-2014)

According to article 94 of the Air code of the Republic of Belarus and based on subitem 5.9 of Item 5 of the Regulations on the Ministry of Transport and Communications of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 31, 2006 No. 985 "Questions of the Ministry of Transport and Communications of the Republic of Belarus", the Ministry of Transport and Communications of the Republic of Belarus DECIDES:

Approve Aviation rules of airborne transportations of passengers, baggage, loads.

Minister

I. I. Shcherbo

Approved by the Resolution of the Ministry of Transport and Communications of the Republic of Belarus of August 12, 2009 No. 70

Aviation rules of airborne transportations of passengers, baggage, loads

 Section I. General requirements

Chapter 1. General provisions

1. Aviation rules of airborne transportations of passengers, baggage, loads (further - Aviation rules) are developed according to the Convention on international civil aviation (Chicago, 1944), the Convention for standardization of some rules concerning the international airborne transportations (Warsaw, 1929), the Protocol on corrections to the Convention for the standardization of some rules concerning the international airborne transportations, signed in Warsaw on October 12, 1929 (The Hague, 1955), Standards and the Recommended practice of International Civil Aviation Organization (IKAO), the Air code of the Republic of Belarus and establish the standard regulations regulating procedure for public conveyance, baggage, loads by the aviation organizations of the Republic of Belarus.

2. Action of these Aviation rules extends on the legal entities of the Republic of Belarus performing public conveyance, baggage, loads air transport.

3. These Aviation rules determine conditions of airborne transportation of passengers, the prophetic passenger, including the things which are in case of the passenger and the cabin baggage transported onboard the air vehicle based on the air transport agreement of the passenger (further - baggage), the property accepted for shipment based on the freight bill (further - load), the rights and obligations of carrier, other persons participating in the organization and ensuring airborne transportations, and also passengers, consignors and consignees.

4. These Aviation rules are applied when implementing airborne transportations (further - transportations) passengers, baggage, loads by scheduled flights of movement of air vehicles and additional flights (further - regular flights) and runs according to the charter agreement of the air vehicle (air charter) (further - charter flights).

5. In case of accomplishment of airborne transportations these Aviation rules are applied in the part which is not contradicting international agreements of the Republic of Belarus about air service and also to the laws, resolutions, rules and instructions of state bodies of the country, on the territory, from the territory or through the territory of which such transportations are performed.

6. According to article 94 of the Air code of the Republic of Belarus carriers have the right to establish the rules of airborne transportations (further - rules of carrier) which shall not contradict these Aviation rules and worsen the conditions established by these rules and regulations of servicing of passengers, consignors, consignees.

Rules of carrier can be changed them without notice passengers, consignors and consignees provided that changes are not applied to the passenger, the consignor or the consignee after the conclusion of the air transport agreement of the passenger, the air transport agreement of load.

7. The passenger, the consignor, the consignee shall observe the legislation of the Republic of Belarus, the international agreements of the Republic of Belarus and the legislation of the country, on the territory, from the territory or through the territory of which public conveyance, baggage and loads, the concerning public conveyances, baggage and loads, fulfillment of requirements on safety-of-life function, aviation safety, and also the requirements connected with boundary, customs, immigration, sanitary and quarantine, veterinary, phytosanitary and other types of control is performed.

8. The carrier will organize, provides and carries out public conveyance, baggage, load regular flights. The carrier has the right to give obligations or their part according to the air transport agreement to person performing on behalf of carrier armoring, sale and registration of transportations on carriage documents (further - the agent), to person performing airport or other activities for ensuring servicing of passengers, baggage, loads based on the signed contract with carrier (further - the servicing organization), or to other person, including carrier, being responsible before the passenger, the consignor and the consignee for agreement performance of airborne transportation of the passenger, the air transport agreement of load.

9. The carrier carries out public conveyance, baggage, load charter flights according to the charter agreement of the air vehicle (air charter).

10. Public conveyance, baggage, loads is performed by regular flights in the terms and procedure provided by the air transport agreement of the passenger, the air transport agreement of load.

Contract clauses of airborne transportation of the passenger, the air transport agreement of load are determined by the Air code of the Republic of Belarus, rules of carrier, conditions of application of rate and the carriage document.

The air transport agreement of the passenger, the air transport agreement of load is considered the prisoner from the moment of execution of the carriage document and issue to his passenger, consignor.

11. These Aviation rules extend also to the charter transportations which are carried out on contract clauses of chartering of the air vehicle (air charter) taking into account the features established by these Aviation rules and rules of carrier.

Chapter 2. Determinations

12. For the purposes of these Aviation rules the following terms, determinations and reducings are applied:

the agent - person, firm, partnership, corporation, association, the company, other carrier which according to the written agreement with carrier are authorized to be effective for carrier or from his name;

the act of defects in transit baggage (PIR - Property Irregularity Report) - the document processed by carrier in the presence of the passenger (receiver) immediately after detection of the harm done to baggage which transportation is made by air vehicles of one or several carriers. The act is signed by carrier and the passenger;

the act of defects in transit load (Cargo Irregularity Report-CIP) - the document processed by carrier and the servicing company immediately on detection of the harm done to load. The act is signed by carrier and the servicing company;

ATA - (Air Transport Association of America) - Association of air transport of America;

the airport (Item) of assignment - the airport (Item) to which the passenger, baggage, load according to the air transport agreement of the passenger, the air transport agreement of load shall be brought;

the airport (Item) of transfer - the intermediate airport (Item) specified in the ticket and the luggage receipt, the freight bill in which the passenger, the baggage, load are transferred from one run to other run of the same or other carrier for further following along transportation route according to the air transport agreement of the passenger, the air transport agreement of load;

the airport (Item) of stop - the intermediate airport (Item) of route at which the passenger under preliminary approval of carrier interrupts the en route flight according to the air transport agreement of the passenger more than for 24 hours;

the airport (Item) of departure - the airport (Item) from which according to the air transport agreement of the passenger, the air transport agreement of load transportation of the passenger, baggage, load begins;

baggage - objects, things and other personal property of the passenger which are necessary or intended for socks (clothes), uses, the comfort or conveniences connected with the passenger's travel. This concept includes as registered, and the unregistered baggage of the passenger;

the baggage registered - the baggage of the passenger accepted by carrier under the responsibility on which such carrier issued baggage tag;

baggage tag - the document in the form approved by ATA and (or) IATA issued by carrier for identification of the registered baggage;

baggage unregistered (cabin baggage) - any baggage of the passenger, except the registered baggage, being during transportation in interior of the air vehicle under observation of the passenger;

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

the ticket - the document, the entitled "Passenger ticket and the luggage receipt" described in the applied resolutions and recommended practices of IATA and (or) ATA issued by carrier or from his name including "Contract clauses and other important notifications" as it is stated in the resolution of IATA 724. The ticket (including the electronic ticket) is the document certifying the conclusion of the air transport agreement between carrier and the passenger addressed to whom the ticket is drawn up;

the electronic ticket - method of documentation of sale of transportation and control of transportation as it is described in the resolution of IATA 722, not requiring execution of the paper document and including the route/receipt which is drawn up by carrier or from his name, electronic coupons (information on electronic coupons is saved in the database of carrier) and the embarcation card;

label interlinear (The international baggage identification tag on several carriers) - the carriage document in the form approved by ATA and (or) IATA, held for use when interlayn-transporting and issued by initial carrier for identification of the registered baggage for end-to-end interlayn-transportation;

armoring - preliminary allocation on the air vehicle of places for public conveyance, and also amount and the tonnage on the air vehicle for luggage transport, load;

Warsaw convention - The convention for standardization of some rules concerning the international airborne transportations (Warsaw, 1929);

return of the amounts - payment to the passenger, the sender who paid transportation, or to person representing it, part or all freight charge or servicing which were earlier paid with it, but are not used, except for the transportations which are drawn up using irrevocable rates;

harm - the damage caused in case of airborne transportation owing to death or damage of health of the passenger, loss, shortage, damage of baggage, load or delay to delivery of the passenger, baggage, load in destination in breach of agreement of airborne transportation of the passenger, the air transport agreement of load;

Hague protocol - The protocol on corrections to the Convention for standardization of some rules concerning the international airborne transportations (The Hague, 1955);

load - any property transported or which shall be transported according to the air transport agreement of load, not being the mailing or other property transported in accordance with the terms of the International postal convention, baggage or property of carrier; provided that the baggage transported according to the freight bill is load;

the freight bill - the document executed by the sender or from his name which certifies the air transport agreement of load between carrier and the sender on all rout to follow;

the consignor - person whose data are entered in the freight bill as the party having the contract with carrier(s) for cargo hauling;

the consignee - person whose data are entered in the freight bill as the party which the carrier shall deliver load;

days - complete calendar days, including output and official holidays. For determination of terms of validity of carriage documents, acts and other documents, and also for determination of dates of termination of transportation, prescriptive limits in case of presentation of claims count of days is kept from 00 o'clock the days following behind day when there was event or action is made, and the remaining balance of hours of this day is not taken into consideration. If the termination of any terms specified earlier falls on output or festive days, the expiration is determined by the first working day following it;

the charter agreement of air vehicles (air charter) - the agreement under which one party (freighter) shall provide to other party (freighter) for a fee for accomplishment of one or several runs one or several air vehicles or part of the air vehicle for airborne transportations;

single transportation - the transportation which is carried out according to two and more carriage documents together constituting the single air transport agreement of the passenger, the air transport agreement of load provided that in the corresponding column of each ticket, the freight bill serial numbers of all subsequent tickets, freight bills shall be brought;

IATA - (International Air Transport Association) - International association of air transport;

ICAO - (International Civil Aviation Organization) - International Civil Aviation Organization;

the excess baggage ticket - the document certifying payment of luggage transport is a lot of free transportation or objects which transportation is subject to obligatory payment, and also certifying payment of charges for the announced baggage value;

the international airborne transportation falling under operation of the Warsaw convention changed by the Hague protocol - any airborne transportation in case of which the point of departure and destination irrespective of, is available or not having rummaged in transportation, are located within the territories of two states which both ratified the Hague protocol, or within one state which ratified the Hague protocol, but one of the agreed items of stop is in transit located within the territory of other state even if this state did not ratify the Hague protocol;

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