ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of June 23, 2020 No. 909

About approval of the Regulations on features of agreement performance of maritime transport of the passenger, including about the right of carrier to unilaterally change conditions of such agreement or to refuse its execution, and also about procedure and terms of return to the passenger of fare and for transportation of its baggage in case of threat of origin and (or) emergence of separate emergency situations, introduction of high alert or emergency situation in all territory of the Russian Federation or on its part

According to Item 3 of Article 185 of the Maritime Code of the Russian Federation the Government of the Russian Federation decides:

Approve the enclosed Regulations on features of agreement performance of maritime transport of the passenger, including on the right of carrier to unilaterally change conditions of such agreement or refuse its execution, and also about procedure and terms of return to the passenger of fare and for transportation of its baggage in case of threat of origin and (or) emergence of separate emergency situations, introduction of high alert or emergency situation in all territory of the Russian Federation or on its part.

Approved by the Order of the Government of the Russian Federation of June 23, 2020 No. 909

Regulations on features of agreement performance of maritime transport of the passenger, including on the right of carrier to unilaterally change conditions of such agreement or to refuse its execution, and also about procedure and terms of return to the passenger of fare and for transportation of its baggage in case of threat of origin and (or) emergence of separate emergency situations, introduction of high alert or emergency situation in all territory of the Russian Federation or on its part

1. This Provision establishes features of agreement performance of maritime transport of the passenger (further - the agreement), including the right of carrier to unilaterally change terms of the contract or to refuse its execution, and also terms and procedure for return to the passenger of fare and for transportation of its baggage (further - transportation payment) in case of threat of origin and (or) emergence of separate emergency situations, introduction of high alert or emergency situation in all territory of the Russian Federation or on its parts, the passengers limiting transportations by sea transport.

This Provision is applied to the agreements which are subject to execution from February 1 to December 31, 2020.

2. In the cases specified in Item of 1 this provision, the carrier has the right unilaterally:

a) change terms of the contract (regarding date, duration, route and type of vessel);

b) refuse agreement performance (to cancel flight) and to return the paid transportation payment according to the procedure and terms which are established by this Provision.

3. In case of refusal the passenger from transportation by sea transport in the cases specified in Item 1 and the subitem "an" of Item 2 this provision, the paid transportation payment is subject to return to the passenger according to the procedure and terms which are established by this Provision.

4. In the case specified in the subitem "an" of Item of 2 this provision, the carrier shall within 18 months from the date of departure of the flight specified in the ticket offer the passenger of change of terms of the contract (including at the cost, duration and route) taking into account the paid transportation payment. Calculation of cost of the offered changes of terms of the contract is perfromed proceeding from the prices operating for date of departure of the flight specified in the ticket.

The passenger of the specified services of carrier having the right to use for payment part of the amount of the paid transportation payment or to use the amount completely, and in case of its insufficiency to pay in addition money.

5. The money which is not used for fee, specified in item 4 of this provision, and also the money specified in the subitem "b" of Item 2 this provision within 18 months from the date of departure of the flight specified in the ticket is subject to return to the passenger.

On the amount of the paid transportation payment interest for using money are subject to payment. The size of interest for using money is determined by key interest rate of the Central bank of the Russian Federation operating during the corresponding periods. Interest for using money are charged till day of return of the amount of these means to the passenger, but no later than 30 months from the date of departure of the flight specified in the ticket. Charge of percent for percent (compound interests) is not allowed.

In case of insolvency (bankruptcy) of carrier return of money to the passenger is performed according to the insolvency law (bankruptcy).

6. In case of the consent of the passenger to the change of terms of the contract provided by the subitem "an" of Item 2 this provision, the passenger has the right to receive confirmation from carrier that the money which is earlier deposited by the passenger in payment of transportation payment can be used by it for fee of carrier, 2 this provision specified in Item. The carrier provides such confirmation to the passenger within 3 calendar days from the date of its address.

Confirmation shall contain surname, name, middle name (in the presence) of the passenger, the amount of the transportation payment paid by the passenger and term during which the services specified in item 4 of this provision shall be rendered to the passenger.

7. In case of the consent of the passenger with the change of the agreement provided by the subitem "an" of Item 2 this provision, the passenger sends to carrier the notification.

The carrier shall provide acceptance of notifications from passengers on the website of carrier on the Internet, by means of mailings or in case of the personal appeal to carrier.

The passenger has the right to the choice of any of methods of the direction of the specified notification.

After 20 calendar days from the date of receipt of the notification the carrier shall provide acceptance of money in payment for the services specified in item 4 of this provision and inform on it the passenger.

8. The passenger has the right to direct the notification before date of the transportation by sea transport specified in the ticket or within 18 months from the date of departure of the flight specified in the ticket.

In the notification surname, the name, middle name (in the presence) of the passenger, details of the identity document, birth date and birth place, booking number and (or) number of the ticket, method of informing the passenger (on e-mail, by means of the mailing or otherwise according to rules of carrier), date of the direction of the notification are entered.

9. The money specified in Items 3 and 5 of this provision returns according to the statement of the passenger.

The surname, name, middle name (in the presence) of the passenger, birth date and birth place, booking number and (or) number of the ticket, details of bank card (in the presence), method of return of money (on bank card, cash), date of filing of application are specified in the statement.

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