ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of November 8, 2012 No. 836

About approval of the Regulations on compensation and the help to passengers in case of refusal in landing, cancellation or long delay of flights

For the purpose of accomplishment of provisions of part (2) article 4 of the Law No. 1237-XIII of July 9, 1997 on civil aviation (repeated publication: The official monitor of the Republic of Moldova, 2010, No. 98-99, of the Art. 292), with subsequent changes and amendments, and the Law No. 105-XV of March 13, 2003 on consumer protection (repeated publication: The official monitor of the Republic of Moldova, 2011, No. 176181 of the Art. 513), with subsequent changes and amendments, DECIDES: the Government

Approve Regulations on compensation and the help to passengers in case of refusal in landing, cancellation or long delay of flights it (is applied).

Approved by the Order of the Government of November 8, 2012 No. 836

Regulations on compensation and the help to passengers in case of refusal in landing, cancellation or long delay of flights

The regulations on compensation and the help to passengers in case of refusal in landing, cancellation or long delay of flights (further - the Provision) realize some provisions of Regulations (EU) No. 261/2004 of the European Parliament and Council of February 11, 2004 about establishment of general rules of compensation and assistance to passengers in case of refusal in landing, cancellation or long delay of flight and about cancellation of Regulations (EEC) No. 295/91, of the EU published in the Official magazine, series L, No. 46/1 of February 17, 2004.

Chapter I General provisions

1. This Provision establishes conditions in which passengers on the aircraft transport can perform the minimum rights in case:

a) refusal in landing against their will;

b) cancellations of their flight;

c) delays of their flight.

2. This Provision is applied in the relation:

a) the passengers who are taking off from the airport located in the territory of the Republic of Moldova;

b) the passengers who are taking off from the airport located in the third country for the airport located in the territory of the Republic of Moldova, except for situations when they already received compensation and used the help in the respective third country in case air carrier of this flight is the air carrier from the Republic of Moldova.

3. The Item 2 this provision is applied if:

a) the passenger has the confirmed booking on the corresponding flight and, except for the case of flight cancellation specified in Chapter III of this provision personally was for registration according to the provided conditions and at the right time, specified in advance in writing (including by means of electronic means) air carrier, tour operator or travel agency, or if time is not specified, not later than 45 minutes till the published departure time;

b) flight on which booking was confirmed was changed by air carrier, travel agent or tour operator to other flight, irrespective of the reasons of this change.

4. This Provision is not distributed on passengers, travelers for free or on the reduced rates not available directly or indirectly to the public. At the same time the Provision is applied to the passengers having the tickets which are drawn up by air carrier, tour operator or travel agency according to the frequent flyer program or other commercial programs.

5. This Provision is applied only to the passengers transported by the motorized airplanes with the fixed wing.

6. This Provision is applied to all air carriers which provide transportation of the passengers specified in Items 2 and 3. If the air carrier which does not have the agreement with the passenger carries out the obligations according to this Provision, it is considered that it acts on behalf of person having the agreement with this passenger.

7. This Provision does not affect the right of persons provided in the Law No. 352-XVI of November 24, 2006 on the organization and implementation of tourist activities in the Republic of Moldova in cases when the tourist packet is cancelled for other reasons, except flight cancellation.

8. For the purposes of this provision the used determinations have the following value:

air carrier - the physical person or legal entity which is engaged in operation of aircrafts or offering services in this area;

real air carrier - air carrier which makes or intends to make flight on the basis of the agreement with the passenger or on behalf of other person, legal or physical, having the agreement with this passenger;

tour operator - the economic agent, except for air carriers, having the license for implementation of tourist activities, specializing in forming of tourist packets and their sale through travel agencies or directly to consumers;

the tourist packet (vacation packet, packet for trip) - predefined complex, combination of tourist services if they are on sale or offered to sale at the gross price, and time on which they are presented exceeds 24 hours;

the ticket - the valid document granting the right to transportation, or its equivalent in any other form, including electronic form, issued by air carrier or its representative or the agent;

booking - possession of the passenger of the ticket or other supporting document testimonial of the fact that booking was accepted and registered by air carrier, tour operator or travel agency;

final destination - the destination specified in the ticket shown on front desk or in case of through-flight the destination of the last flight; at the same time available alternative connection flights are not considered if the planned arrival time is observed;

person physically challenged - any person, whose mobility it is reduced when using vehicles, owing to physical defect (touch or musculoskeletal system, permanent or temporary), decrease in intellectual potential, age or any other shortcoming which provision requires special attention and adaptation to needs of this person of the services available to all passengers;

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