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The document ceased to be valid since   March 5, 2019 according to Item 3 of the Order of the Public air service of Ukraine of   November 26, 2018 No. 1239

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Ministry of Justice of Ukraine

 December 28, 2012

No. 2219/22531

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

According to part two of article 100 of the Air code of Ukraine, to the Law of Ukraine "About consumer protection", subitem 4.10.119 of subitem 4.10 of item 4 of the Regulations on the Ministry of infrastructure of Ukraine approved by the Presidential decree of Ukraine of May 12, 2011 No. 581, on accomplishment of the Program of integration of Ukraine into the European Union approved by the Presidential decree of Ukraine of September 14, 2000 No. 1072, I ORDER:

1. Approve Rules of airborne transportations of passengers and baggage which are attached.

2. To provide to the public air service of Ukraine:

2.1. Submission of this order in accordance with the established procedure on state registration in the Ministry of Justice of Ukraine.

2.2. The proof of this order to data of the companies, organizations and organizations participating in airborne transportations of passengers and baggage.

2.3. Promulgation of this order on the official site of the Ministry of infrastructure of Ukraine.

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

5. To impose control over the implementation of this order on the First Deputy Minister Efimenko K. A.

 

The vice-Prime Minister of Ukraine is the Minister of infrastructure of Ukraine

B. Kolesnikov

Approved by the Order of the Ministry of infrastructure of Ukraine of November 30, 2012 No. 735

Rules of airborne transportations of passengers and baggage

I. General provisions

1. These rules are developed taking into account requirements of Regulations (EU) of the European Parliament and Council of July 5, 2006 No. 1107/2006 about the rights of disabled people and persons with limited mobility when using airspace, the 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 9, 1997 No. 2027/97 about responsibility of 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 the Montreal convention 1999, General terms of the public conveyances and baggage established by International association of air transport ("General Conditions of Carriage (passenger and baggage)", IATA), and resolutions and recommended practice of International association of air transport (IATA).

2. Ensuring aviation security in case of air transportation of passengers and baggage is performed according to the legislation, in particular the Law of Ukraine "About the State program of aviation safety of civil aviation".

3. These rules safety-of-life function and service qualities are developed for the purpose of establishment of general terms of public conveyance and baggage by air transport.

4. The terms used in these rules are used in the following values:

the automated system of armoring / global distribution sistemasistema 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 (further - ASB/GRS);

aviation carrier (further - carrier) - subject of managing which provides services in public conveyance, load by air transport: in case of the Ukrainian carrier - based on the license, and also the air operator certificate issued by authorized body concerning civil aviation of Ukraine, or in case of foreign air carrier - based on the relevant document of competent authority of other country, conforming to requirements of international treaties which are obligatory for Ukraine;

the aviation carrier performing activities - the carrier performing or intends to perform flight under the contract with the passenger or at the request of other person, legal or physical which has the contract with this passenger, transports or shall transport the passenger and/or his baggage according to the ticket, and also undertakes the obligation to provide all other services connected with such transportation irrespective of, this legal entity or physical person the actual carrier or contract carrier is. The term "carrier" includes agents, workers, representatives and contractors of carrier if these Rules do not provide other;

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

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

exclusive conditions - conditions under which public conveyance and baggage do not fall under regular transactions and procedures of operation of civil air vehicles, including conditions under which are transported the peacekeeping contingent, transportation for mitigation of consequences of natural disaster or accident, etc.;

group transportations - transportation of group of persons, having common goal of trip. The minimum number of group is established by carrier;

days - calendar days, including all seven days of the week, festive and non-working days. For determination of effective period of transportation documentation, acts and other documents, and also dates of termination of transportation, prescriptive limits for presentation of claims it is reckoned from 00 o'clock in the afternoon, following after days when there was event or action is made, the remaining balance of time of this era in calculation does not undertake. If the termination of the term stated above is necessary on festive or the day off, then day of the termination of term is the first behind it the working day;

the agreement of charter (chartering) of air vehicles - the agreement under which one party (freighter) shall present to other party (freighter) for a fee all or part of capacity 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 identify or read information containing in it;

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

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

code of carrier - conditional alphabetic or alphanumeric designation of carrier, is provided to IATA compliance with established procedure which is applied to identification of air carrier in ASB/GRS;

commercial transactions - any agreements between carriers, except the agency agreement, the concerning provisions of the general services connected with airborne transportations of passengers and baggage by them;

compensation according to the procedure of regress - compensation for expenses at the expense of the third party;

the user - person using air transport or intends to use it;

the route voucher (Itinerary/Receipt) - the document (documents) which (which) is constituent of the electronic ticket and contains (five) necessary data (for example, surname of the passenger, route, rate, etc.), notifications and messages;

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

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

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

normal rate - exclusively flexible rate established for servicing of business, economy class of servicing, sometimes for servicing premium class which provides the maximum flexibility on armoring of the place, execution of the ticket, term of stop, stop over, combination of rates, rearmoring and changes of route, refusal in transportation and etc. Effective period of rate constitutes 12 months;

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;

the basic and the permanent residence - one fixed and the permanent residence of the passenger at the time of incident. Nationality of the passenger is not the determining factor for determination of the permanent residence;

final time of registration of passengers - time after which the passengers who were not in time to be registered on embarkment are not accepted for shipment on the corresponding run;

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

the passenger coupon (or 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 - armoring which was made in the automated reservations system and is confirmed by carrier. It is designated in the ticket (electronic ticket) by mark of OK;

airborne transportation - public conveyance, baggage, loads or mail, is performed by the air vehicle based on the corresponding air transport agreement. Transportation can be international and internal. International delivery - transportation in which the point of departure and destination irrespective of, was or not stop 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. Internal transportations - transportation of passengers and/or baggage on air vehicles between Items which are placed in the territory of Ukraine;

the flight coupon - part of passenger ticket or in case of the electronic ticket the electronic coupon in which the respective points of departure and arrivals between which the coupon is valid for transportation of the passenger and baggage are determined;

potentially dangerous passengers - category of the passengers performing flight forcibly (escorted, deported) accompanied by the authorized staff of relevant organs;

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

the claim - is constituted in writing the requirement of the interested person about damages (losses) who resulted internal or international from airborne transportation;

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

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

reasonable times - period of time which reasonable limit of duration in case of airborne transportation of the passenger (baggage) constitutes 2:00 or bolsheotnositelno all runs by range up to 1500 kilometers three hours or are more - for all runs by range from 1500 to 3500 kilometers, or 4:00 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;

the special drawing right (further - SDR) - the settlement monetary unit used by the International Monetary Fund (further - the IMF) is also determined as basket of currencies which structure is periodically reviewed by the IMF in order that it reflected relative value of currencies in world trade and financial systems;

the specific tariff - the rate published by carrier having certain restrictions regarding its application;

special conditions - the condition of carriages of passengers and baggage arising owing to discrepancy of provisions of these rules to rules of other country or if rules of other country establish more low level of conditions of transportations, than that which is established by Rules or if observance of its rules is required by other country and at the same time is threatened transportation agreement performance;

the subject providing agency services selling airborne transportations (further - the sales agent) - the legal entity performing sales activity of airborne transportations at the request of air carrier or the general agent based on the agreement;

tariff standard rates - are established and published by carrier rates and rules of their application;

the approved places of stop - Items (except the points of departure and assignment) which are determined in the ticket or are given in the schedule of carrier as the planned Items of stops on transportation route;

the charter flight from business objective - charter flight for which accomplishment all reservoir of the air vehicle are reserved by one physical person or legal entity only for own needs (without reservoir right to sell to the third party) for the purpose of public conveyance and/or load and is not distributed between other freighters. At the same time the number of the passengers transported cannot exceed 15 people, and load - 2 tons.

Other terms used in these rules are used in the value given in the Air code of Ukraine.

II. Sphere of use

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