REGULATIONS FOR TRANSPORTATION OF PASSENGERS AND BAGGAGE
REGULATORY REFERENCES
- Aviation Regulations of Ukraine “Regulations for Transportation and Service of Passengers and Baggage” approved by the Order of State Aviation Administration of Ukraine № 1239 from 26.11.2018 registered with the Ministry of Justice of Ukraine 08.02.2019, № 141/33112 with changes and additions made by the order of the State Aviation Administration №1126 from 14.08.2020, №1543 from 01.10.2021.
- Air Law of Ukraine;
- Montreal Convention 1999;
- resolutions and recommended practices of the International Air Transport Association (IATA);
- Manual on Access to Air Transport by Persons with Disabilities Doc 9984 (ICAO).
TERMS AND DEFINITIONS
The Airline - an entity that provides services for the carriage of Passenger and cargo by air transport and has a name « SKYLINE EXPRESS Airlines», LLC.
Air carrier (hereinafter – Air carrier) shall mean an entity that provides services for the carriage of Passengers by air transport: Ukrainian air carrier - based on the license and Air Operator Certificate issued by State Aviation Administration of Ukraine; foreign air carrier - based on the document issued by the competent authority of another country, which complies with the provisions of international agreements that are binding on Ukraine. The term "air carrier" includes employees, representatives and contractors of the air carrier, unless otherwise provided by these Regulations.
Automated booking system / global distribution system shall mean a system (hereinafter - ABS / GDS) that displays information about flight schedules, seats availability and Airline fares and through which the booking of air navigation services is realized.
Handling Agent - ground handling entity authorized by air carrier to carry out operations on ground handling of passengers and baggage.
Property Irregularity Report (PIR) shall mean a document issued by a Lost Baggage Agent in the airport at the presence of the Passenger immediately upon detecting and recording the fact of the baggage loss, damage, lack or delay in baggage transportation, to be signed by the Lost Baggage Agent and the Passenger.
Baggage («BAG» - baggage) shall mean items, property and other personal possessions of the Passenger transported in an aircraft.
Baggage Identification Tag (Baggage Tag) shall mean a document issued by the Airline to identify the checked baggage.
Excess Baggage - part (of mass / weight) of baggage that exceeds the free baggage allowance established by the Airline or requires mandatory payment regardless of the specified rate.
Baggage Receipt - part of the ticket, which certifies acceptance of the checked baggage for the carriage.
Booking (or Reservation) shall mean prior booking of a seat aboard for a specified flight and date for the purpose of the Passenger transportation, or prior booking of the volume and tonnage on board the aircraft for a certain flight and date for the purpose of transportation of baggage (cargo).
Exceptional Conditions shall mean conditions under which air transportation of Passengers and baggage is not subject to regular operations and operational procedures of civil aircrafts including conditions, under which transportation of peacekeeping contingent, transportation for liquidation of a natural disaster or an accident, etc. is carried out.
Denial of Transportation shall mean the Airline’s denial to transport the Passenger or his/her baggage, regardless of his/her appearing for boarding, unless there are reasonable grounds for denial of boarding, such as: health care, ensuring safety, improper execution of documents required for transportation (passport, visa, ticket, etc.).
Domestic transportation - transportation of passengers and baggage between points located on the territory of Ukraine.
Group Transportation shall mean transportation of a group of persons that have a common objective of the trip. Group transportation must be specified in the booking. The minimum number of persons in a group is set by the air carrier.
Deportees shall mean persons who arrived into a country legally or illegally, and within a certain period of time were instructed to leave the country by resolution of governmental authorities (either escorted or not escorted).
Diplomatic Baggage shall mean diplomatic mail carried by a diplomatic courier.
Day shall mean calendar day, including all days of the week, holidays and non-business days. To determine the validity term of transportation documents, certificates and other documents, as well as the transportation deadlines, statutes of limitations for claims, the countdown begins at 00.00 of the day following the event or action. The remaining time of this day is not taken in the calculation. If the expiration of the term specified above falls on a holiday or weekend, the day of expiry shall be the first day following that one.
Inspection - a security control procedure using technical or other means, used to detect weapons, explosives, objects or devices that can be used to commit an act of unlawful interference.
Aircraft Charter (Freight) Agreement shall mean an agreement, under which one party (Charterer) is obliged to provide to the other party (Charteree) for a fee the whole or a part of capacity in one or several aircrafts for one or several flights for transportation of Passengers, baggage.
Electronic Ticket shall mean an electronic document including the itinerary/receipt, issued by Airline or on behalf of Airline, electronic coupons and a boarding document (if required).
Electronic coupon - part of an electronic ticket, which is used for transportation on the flight, or other document which it replaces, which is stored in the database of automated reservation system of the carrier.
Checked Baggage shall mean the baggage of the Passenger accepted by the Airline for transportation under its responsibility for its safe and timely delivery, and for which the Airline has issued a baggage check and a baggage identification tag.
Applicable laws - the laws, regulations and directives and other regulations which regulate the air transport of passengers and baggage of any state of the territory and the territory through which carried passengers and luggage.
Mutilated Ticket shall mean a ticket, which condition makes it impossible to read the information indicated therein, through the Passenger’s fault.
Mixed Transportation shall mean transportation carried out using various kinds of transport under one transportation document with air transport engaged.
Discount shall mean reduction of the applicable fare established by the Airline Regulations.
Stopover shall mean a temporary interruption at any point, except for departure and destination points, as previously agreed between the Airline and a Passenger.
Interline-agreement («Interline») shall mean an agreement of transportation documents mutual recognition and performance of the relevant settlements.
Excess Baggage Ticket shall mean a document certifying payment of excess baggage transportation or items, which transportation is subject to obligatory payment, and payment of charges for the declared baggage value.
Ticket shall mean a transportation document that is called “a Passenger ticket and baggage check”, including an electronic ticket issued by the Airline (by its agent) that contains terms and conditions of the contract for air transportation and a notice, as well as the flight and Passenger coupons.
Airline Code shall mean a conditional alphabetic or alphanumeric indication of the Airline assigned by International Air Transport Association (IATA) in accordance with the established procedure, which is used for identification of the Airline in ABS/GDS.
Commercial contracts shall mean any contracts between Airlines, excluding agency agreements, related to their provision of joint services connected with air transportations of Passengers and baggage.
Recourse Compensation shall mean compensation of expenses by a third party.
User shall mean a person that uses air transport or intends to use it.
Itinerary/Receipt shall mean a document (documents) forming an integral part of the electronic ticket and containing all necessary data (for example, surname of the Passenger, route, flight, date and time of carriage, reservation number, class of service, fare, etc.), announcements and notices.
International carriage shall mean a carriage in which the point of departure and destination, regardless of whether there is a breach in transportation or overload, located either in the territory of two different countries or in the territory of one country, if the agreed stop is provided in the territory of another country.
Point of Departure shall mean a point indicated in the ticket, from which the transportation of a Passenger and /or baggage starts.
Point of Destination shall mean a point indicated in the ticket, at which the transportation of a Passenger and /or baggage ends.
Point of Transfer shall mean an intermediary airport (point) indicated in the ticket, in which (under an air transportation contract) the Passenger makes a transfer within 24 hours from one flight to another for further proceeding along the route.
Montreal Convention - Convention for the Unification of Certain Rules Relating to International Carriage by Air made on May 28, 1999 in Montreal.
Extraordinary circumstances shall mean circumstances that lead to long delays or cancellation of one or more flights, even if the Airline has taken all reasonable steps to prevent delays or cancellation. Extraordinary circumstances shall include, but not limited to, war, riots, sabotage, embargo, fire, floods or other natural disasters, explosions, acts or omissions of public authorities, strikes, technical obstacles arising from faults and failures, breakdown of electricity, telecommunications, communications, equipment, software systems. Technical malfunctions of an aircraft are not extraordinary circumstances.
Unchecked Baggage shall mean any baggage of the Passenger remaining in the aircraft cabin during transportation upon consent of the Airline under the Passenger’s control and certified with a special tag.
Unaccompanied Baggage shall mean baggage accepted for transportation separately from the Passenger and confirmed by a consignment note.
Normal fare - full fare without any application restrictions set for service of first, business, premium, economy class service, which provides maximum flexibility for the reservation seats, ticketing, time of stop, combining fares, rebooking and rerouting and change of date, refusing transported more.
Published Fare shall mean a fare presented in the published structure of the Airline’s fares.
Main and Permanent Place of Residence shall mean one fixed and permanent place of residence of a Passenger at the time of the event. Passenger nationality is not a decisive factor for determining the permanent place of residence.
Main Place of Residence shall mean the location of the head office, which performs basic administrative and organizational and financial functions of the Airline.
The final time for check-in passengers and baggage - the time after which passengers who delayed or were late to the check-in or to the boarding not accepted for the carriaige on the corresponding flight.
Passenger shall mean any person carried in an aircraft by the consent of the Airline pursuant to air transportation contract, except for crew members and additional experts on board the aircraft, employees of the aircraft operator, an authorized representative of the appropriate national regulator or a person accompanying the cargo.
Passenger with Reduced Mobility (PRM) or Disabled Passenger shall mean a Passenger, whose mobility at the time of using transport is reduced due to his/her physical (sensory or locomotor, permanent or temporary) or mental disability or for any other reason such as advanced age, and whose condition requires the relevant attention and personal attendance possible for all Passengers.
Transit Passenger shall mean a Passenger who is transported by the same flight on which he/she has arrived to an intermediate airport pursuant to the air transportation contract.
Transfer Passenger shall mean a Passenger who arrives to the transfer point with one flight, and then is transported by another flight of the same or a different Carrier pursuant to the air transportation contract.
Passenger Coupon (Passenger Receipt) shall mean a part of a Passenger’s paper ticket remaining with the Passenger after transportation and being attached with information about passenger transportation conditions.
Confirmed Booking shall mean booking registered in ABS/GDS system and confirmed by the Airline. Marked in the ticket (electronic ticket) as “ОК”.
Reimbursement shall mean full or partial repayment to a Passenger or his/her representative of the cost of transportation or services being previously paid, but not used.
Air transportation shall mean transportation of passengers and baggage, performed by aircraft according the agreement for air transport. Transportation can be international or domestic.
Flight Coupon shall mean a part of a Passenger ticket or – in case of an electronic ticket – an electronic coupon specifying the relevant points of departure and destination, between which the coupon is valid for transportation of the Passenger and his/her baggage.
Boarding pass shall mean a document (paper or mobile), which confirms the right of the passenger to board an aircraft, which is provided on the basis of check-in of the passenger on the flight. Mobile Boarding Pass - a boarding pass adapted to display on the electronic device, which contains, in addition to personal data, flight information and a special bar code for reading by the scanner at the airport. Email messages or SMS messages are not a Mobile Boarding Pass.
Potentially Dangerous Passengers shall mean a category of Passengers flying forcibly (escorted, deportees) accompanied by authorized employees of the relevant authorities.
Baggage Damage shall mean damage implying partial or full decrease in value of the baggage and impossibility of its use due to physical or chemical changes.
Airline Regulations shall mean rules, instructions or technologies established by the Airline applicable to air transportation of Passengers and/or baggage, including regulations for air transportation of Passengers and baggage, fare application rules, standards and directives of Passenger and baggage service, claim and suit consideration procedure.
Rules for applying fares shall mean the conditions established by the air carrier for the use of fares, which include the definition of the territory of sale, the season of sale and flights for which it is possible to purchase tickets for a certain type of fare, the possibility of combining with other types of fares and stops at the intermediate point, children's discounts, rules for repayment for unused ticket or part thereof, conditions for re-booking, free baggage allowance, possibility to transfer a passenger to another airline for transportation, etc.
Claim shall mean a written request of the interested person for indemnification of damage that emerged due to performance of any domestic or international air transportation, payment of compensation, etc...
Regular Transportation (Regular Flight) shall mean a flight included in the series of flights associated with transportation of Passengers, cargo and mail, available for paid public use and performed in accordance with the approved schedule between the same two or more points, regardless of commercial workload.
Regular flights include approved additional flights of this series performed by the same operator.
Flight shall mean a flight of an aircraft (either scheduled or non-scheduled), which is performed in one direction from the point of departure to the point of destination of the route.
Flight with over-booking shall mean a flight with the number of Passengers having confirmed booking and arrived for check-in by the end of the period of Passenger registration exceeding the number of seats.
Reasonable measures shall mean adequate measures taken by the Airline in order to prevent or minimize harm (damage) caused to the passenger.
Reasonable time shall mean a period of time, a reasonable limit of which in case of air transportation of a Passenger (baggage) is two hours or more - for all flights of 1500 kilometers or less, three hours or more - for all flights of more than 1,500 up to 3,500 kilometers, four hours or more - for all other flights.
Route Segment shall mean a part of transportation between two points being an integral part of the full route and confirmed by one and the same flight coupon.
Service animals shall mean animals (usually dogs or other animals) that are under the control of a passenger with a disability or a reduced mobility and a person accompanying such a passenger in order to provide a passenger with a disability or with limited mobility physical and / or emotional support, that the presence of animals on board an aircraft does not endanger the safety of the flight, is not a threat to other passengers and meets sanitary and hygiene standards.
Service passenger (Reduced-fare passenger) shall mean passengers (employees of the airline, members of their families, and other officers of aviation enterprises) who have a ticket with subsequent discounts in accordance with the approved rules of the airline, which comply with the recommendations of IATA: (ID -
industrial discount / DM - discount for third-party staff) and / or en-route to perform official duties (as evidenced by a relevant airline order).
Special Drawing Rights (SDR) shall mean a monetary unit used by the International Monetary Fund (hereinafter referred to as “the IMF”).
Special Fare shall mean a fare published by the Airline with certain limitations in terms of its use.
Special Conditions shall mean conditions of Passengers and baggage transportation that emerge due to discrepancies between the provisions of these Aviation Regulations and the rules of another country; or if the rules of another country establish a lower level of transportation conditions than the one established hereof; or if another country requires observance of its rules, thereat the implementation of the air transportation contract is endangered.
Airport Entity shall mean individuals and legal entities regardless of ownership form and subordination, which carry out operation in the area of civil aviation.
Ground handling entity shall mean an aviation entity rendering ground handling services.
Entity providing agent services on sales of air transportation (Sales Agent) shall mean a legal entity performing sales of air transportation by instruction of the Airliner or general agent based on the agreement.
Fare shall mean an established sum that is charged by the Airline for transportation of one Passenger or one unit of weight, or volume of baggage under the corresponding route and class of service.
Fare Standards shall mean fares set and published by the Airline and rules of their application.
Agreed Stop Points shall mean points (excluding departure and destination points) indicated in a ticket or specified in the schedule of the Airline as planned stop points along the transportation route.
Charter Transportation shall mean irregular air transportation based on the Charter (Freight) Agreement, under which Airline is obliged to provide to the Charterer or Charteree for a fee the whole or a part of capacity in one or several aircrafts for one or several flights for transportation of Passengers, baggage, cargo or mail specified by the Charteree.
Charter flight with business goal shall mean charter flight for executing of which the entire capacity of the aircraft shall be freight by one person or entity solely for their own use (without the right to sell capacity to a third party) for the transportation of passengers and / or cargo and shall not be distributed among the other charterers. The number of carried Passengers shall not exceed 15 persons and 2 tons of cargo.
Lack of Baggage shall mean arrival of the Passenger’s baggage to the point of destination in fewer amounts as to its weight compared to the data indicated in the Passenger’s transportation documents.
Family members shall mean persons married, parents of married persons, children, including adopted children, guardians, grandparents, brothers, sisters, grandchildren, dependents recognized by law. In the rules of an air carrier, the list of persons belonging to family members can be expanded.
ABBREVIATIONS AND DEFINITIONS
DBR – Demage Report.
LDM – Load Message.
PIR – Passenger Irragularity Report.
PNR – Personal Name Record.
SSR – Spesial Services Requirement/
ABS/GDS - an automated booking system/global distribution system.
MIU - Ministry of Infrastructure of Ukraine.
AC - Aircraft.
І. GENERAL PROVISIONS
1. These Regulations are designed based on the Aviation Regulations of Ukraine “Regulations for Transportation and Service of Passengers and Baggage” approved by the Order of State Aviation Administration of Ukraine № 1239 from 26.11.2018 registered with the Ministry of Justice of Ukraine 28.02.2019, № 141/33112 with changes and additions made by the order of the State Aviation Administration №1126 from 14.08.2020 (hereinafter - Aviation Regulations) and the Air Law of Ukraine. In the aspects of air transportation of Passengers and baggage that are not covered by these rules SKYLINE EXPRESS Airlines LLC shall be subject to the provisions of the Air Code of Ukraine and the Aviation Regulations. In case of divergence of interpretation of these Rules the text of Aviation Regulations and regulations of the Air Law of Ukraine shall be preferred.
2. Ensuring aviation safety during air transportation of Passengers and baggage shall be in accordance with the regulatory acts in the field of aviation safety.
3. The purpose of these Regulations is to establish the general conditions of air transportation of Passengers and baggage by SKYLINE EXPRESS Airlines LLC, according to which the proper level of safety and quality, as well as the principles and responsibilities of business entities during air transportation of Passengers and baggage including services that are appropriate for such transportation shall be ensured.
4. The control over observance of these rules is entrusted to the management of SKYLINE EXPRESS Airlines LLC.
II. APPLICATION AREA
GENERAL AND SPECIAL CONDITIONS OF TRANSPORTATION
1. These Regulations are obligatory and shall apply to any international and domestic transportation of Passengers and/or baggage for a fee free of charge, to/from airports on the territory of Ukraine, as well as for the passengers of SKYLINE EXPRESS Airlines LLC.
2. All transportations of Passengers and baggage referred to in paragraph 1 of this Chapter shall be subject to the rules of the Airline, as well as fare regulations of the Airline in force as of the date of a ticket issue (registration of electronic ticket), and if it is impossible to determine the date – as of the date of the transportation beginning.
During transportation of Passengers and baggage, the provisions of the Aviation Regulations, the rules of the airline, fares and fees applicable on the date of issue of the ticket (registration of an electronic ticket) shall apply.
Changes made to the Aviation Regulations and these Rules of the Airline, including the airline's fare regulations, can not be applied to the agreement for air transportation of passenger and baggage if they entered into force after the conclusion of such an agreement, except in cases stipulated by the legislation of Ukraine.
3. These Regulations are approved by the competent authority for civil aviation - State Aviation Administration of Ukraine aimed at increasing of the efficiency and quality of transportations and contain standards and quality standards, responsibility for Passenger service not below the level set by the requirements of Aviation Regulations.
Conditions of contract for the charter flight with the business purpose must not conflict with the provisions of Aviation Regulations, these Regulations and shall include provisions for the rights of Passengers in case of denied boarding, cancellation or long flight delay.
4. Aviation Regulations and these Regulations are not used during transportations of Passengers and baggage performed under exceptional conditions that do not fall under usual operations and procedures of the Passengers and baggage transportation including the conditions under which the transportation of a peacekeeping contingent is carried out, transportation for the elimination of the consequences of a natural disaster, an accident, etc.
5. The Airline has the right to carry out one or a series of passenger and baggage transportation on special conditions in case of impossibility to provide transportation in accordance with the Aviation Regulations, these rules. The level of quality and safety during such transportation must comply with the requirements of the Aviation Regulations.
Rules of the Airline on the use of special fares and conditions of transportation of certain categories of Passengers and baggage are special conditions of transportation.
6. The control over observance of Aviation Regulations, these Regulations is entrusted to Civil Aviation Authority.
III. CONTRACT FOR TRANSPORTATION. TICKET
Chapter 1. Contract for transportation of passenger/baggage
1. Air transportation is performed on the basis of a contract between the airline and the passenger.
2. Conclusion of the contract for transportation and its conditions are confirmed by a ticket issued to the passenger by the airline or its sales agent.
3. The ticket entitles the passenger indicated in a ticket to fly by the appropiriate flight (flights) and requires the airline to make carriage of the passenger and his baggage, as well as provide other services according to the contract for air transportation, except as specified in paragraph 5 of this chapter.
4. The conditions of the contract are attached to the ticket and must contain information for passengers on limitation of liability during the carriage of passengers and baggage, taxes and fees; start and end time of flight registration, boarding; information on checked baggage and hand baggage; terms for filing claims for improper transportation of passengers and baggage; information on prohibiting the carriage of certain things in checked baggage or in hand baggage; rights of passengers in case of denial of transportation, cancellation or long delay of flight; the air carrier's address, whereby passengers can send their claims; other
information that the air carrier considers necessary for the passenger.
The conditions of the contract contract for air transportation attached to the ticket, must not conflict with the Montreal Convention, the Air Law of Ukraine, Aviation Regulations and these Regulations.
5. A person is not entitled to fly by flight, and the airline or person authorized by the airline has the right to declare the ticket invalid, in case:
- a person provides damaged ticket or a ticket which was not amended by the airline or its authorized sales agent; it was found that a ticket purchased with fake or invalid payment card (credit card);
- the person does not submit a ticket containing the flight coupon for the relevant flight, all other unused flight coupons and passenger coupon;
- a violation of the sequence of use of flight coupons due to the fault of the passenger is detected in the ticket;
- ticket was claimed to be the lost;
- forged or counterfeit ticket;
- there is no validator and date of sale in the ticket;
- the ticket has not been changed by the airline or its authorized agent;
- a ticket purchased from a person or entity that is not a representative or agent of the airline;
- it was established that the misapplication of tariffs or the passenger's failure to pay the full cost of air transportation on the day of air transportation is not due to the fault of the air carrier and / or sales agent.
6. Tickets found to be invalid due to the fault of the airline, if necessary, are subject to re-registration. Tickets found to be invalid for reasons beyond the control of the airline are subject to cancellation without renewal.
7. A person who is found on board the aircraft without a ticket or with a ticket that airline acknowledged invalid, have to be disembarcated from the aircraft.
8. In all cases, the invalidation of a ticket or the identification of a person on board an aircraft without a ticket or with a ticket issued by a recognized airline, the airline or the person representing its interests, shall draw up an appropriate act, the original of which is given to the passenger, and the copy remains with the airline.
9. The passenger must keep the ticket and other transportation documents before the end of the carriage, and in case of claim – till the time of its decision.
Ticket and other transportation documents that were given to passengers must be presented on demand of authorized officials of the airline (airport, handling agent, etc.).
Chapter 2. Mutilated or lost ticket.
1. In case of loss or damage of a ticket (a part of it), at the request of the Passenger the Airline may replace such a ticket (a part of it) by issuing a duplicate ticket subject to signing an agreement by the Passenger on compensation of losses to the Airline up to the value of the original ticket, which were suffered or may be suffered by the Airline in connection with the use of the original ticket by a third party. If the Passenger does not sign such an agreement, the Airline issuing a duplicate ticket is entitled to require the Passenger to pay its full value. The Airline shall have the right to recover from the Passenger the fee for issuance of a duplicate of the paper sheet of the ticket in the amount of USD 50 (or equivalent in another currency), if the loss or damage is not caused by negligence of the Airline (or its agent). For the loss of electronic ticket (itinerary receipt) and a copy issuance the recovery is not expected. In the event of loss or damage of a ticket issued by another Airline, a duplicate ticket is issued only upon written consent of that Airline.
2. The Airline shall be entitled to deny issue of a duplicate ticket, in the following cases:
- the Passenger failed to sign an agreement stipulated for in paragraph 1 of this Chapter, and refused to pay for issuance of a duplicate ticket;
- the Passenger requires issuing a duplicate ticket at the airport on the day of the flight, if the departure of the flight according to schedule is in less than three hours or the flight is performed during the hours when the office of the Airline, which should give consent, does not work. Duplicate ticket can only be issued for the unused portion of route.
Chapter 3. Prohibition of ticket transfer
1. A ticket may be used for transportation of the person indicated therein only.
2. With the aim of fulfillment of Paragraph 1 hereof, the Airline shall be entitled to demand that the Passenger prove his/her identity.
Chapter 4. Ticket validity term
1. Validity term of a ticket shall include:
- total validity term of a ticket;
- validity term for transportation.
2. The total validity term of ticket shall cover the period from the ticket issue to expiry of the term for receiving money for unused ticket based on the fare application rules of the Airline.
3. The total validity term of a ticket shall entitle a Passenger to use the ticket for all operations stipulated by the Regulations of the Airline, including provision of a seat for the specific flight and date indicated in the ticket, full or partial reimbursement of unused transportation and other settlements as set out by the Aviation Regulations or the Airline’s Rules.
4. Ticket with a guaranteed date of fight shall give the right only for transportation of the Passenger and his/her baggage from the start airport specified therein, the airport of transfer, stop or return transportation only on the day and by the flight indicated in the ticket.
5. Open-date ticket shall give the right for transportation Passenger and his/her baggage from the corresponding airport only after the Airline or an authorized person books and enters the date, time of departure and number of the flight into the ticket.
6. A ticket issued under a regular fare is valid for transportation during a year from the beginning of transportation, if a part of the ticket is used, or from the date of its issue – if the ticket is completely unused.
7. A ticket issued under a special fare is valid for transportation only by the date specified in the ticket, and under the terms set out by the fare application rules of the Airline.
Chapter 5. Prolongation of the ticket validity term
1. Validity term of a ticket regardless of the fare applied shall continue, if the Airline:
- cannot provide a seat for the flight, which the Passenger has a confirmed booking for;
- cancels the flight, which the Passenger has a confirmed booking for;
- omits the agreed stop point;
- fails to carry out the flight within reasonable terms over the time of the flight departure indicated in the ticket;
- acts in such a way that the Passenger fails to transfer to another connecting flight, which the Passenger had confirmed booking for, and which is indicated in the same ticket as the previous flight;
- cannot provide services in accordance with the paid service class; in such a situation, upon the Passenger’s consent for further transportation, the validity term of his/her ticket shall be extended for the time of performance of the first flight where there is a seat for such a Passenger in the paid service class;
- as well as in the event of illness of a Passenger or his/her family member travelling with him/her in the aircraft, subject to submission of the relevant statement from a health care institution.
2. If after beginning of the trip a Passenger cannot continue it during the validity term of the ticket for transportation due to illness or other circumstances, the Airline may extend the validity term of such a ticket until the Passenger is able to continue the trip or until the first flight of the Airline, having a seat in the paid service class, after that date and from the place where the trip was interrupted. The fact of illness or other circumstances shall be supported with an appropriate certificate. In the above circumstances, the Airline may also extend the validity term of tickets for persons accompanying such a Passenger.
3. In case of death of wife (husband) or a family member of the Passenger, who did not start the journey, or death of a Passenger along the route, persons who accompany such a Passenger, may be provided with extended validity term of their tickets, and extended minimum period of stay at the place of the event. Prolongation of the validity term of tickets should be done after receiving the proper death certificate and for a period not exceeding 45 days from the date of death of the Passenger.
For the purposes of these Regulations, an individual’s family members shall mean his/her parents and parents of his/her husband/wife, his/her husband or wife, children of such individual and his/her spouse, including their adopted children, foster parents, grandmother, grandfather, brothers, sisters, grandchildren and other dependents recognized by law. Also, the Airline may expand the list of persons belonging to the family of the deceased Passenger.
Chapter 6. Sequence of flight coupons
1. The Airline accepts the flight coupons for transportation only consecutively, starting from the first point of departure indicated in the ticket. A ticket is invalidated if the passenger has violated the sequence of use of flight coupons. The airline has the right to refuse to transport a passenger and return the cost of unused flight coupons if the passenger has violated the sequence of use of flight coupons not due to the fault of the air carrier, its sales and / or handling agents.
2. Passenger coupon and all unused flight coupons not returned to the Airline shall remain with the Passenger during the flight and shall be provided to the Airline at its request.
3. If the Passenger refuses from transportation on one of the segments of the route that leads to disruption of the use of flight coupons established by Paragraph 1 hereof and wants to use other segments of the route or return flight, the Passenger shall notify the Airline and re-issue the ticket.
Chapter 7. Service class
1. The Airline shall provide the Passenger with services according to the purcased class of service. The Airline (or its agent) shall inform the Passenger at the time of booking and/or issue of ticket of the services provided in the appropriate class.
2. A Passenger is accepted for transportation in the service class indicated in the flight coupon on the date of the flight and for the respective flight, which the Passenger has confirmed booking for.
3. If a ticket is issued without confirmed booking (booking ststua other than OK), a seat shall be booked at the Passenger’s request at the time of check-providing such a seat is available in the paid service class on the corresponding flight. If there is a lack of time for booking Passengers can be accepted for carriage without booking.
4. The Airline shall be entitled to increase or decrease the class of service both for technical and commercial reasons. In the event of decreasing the class of service, the Airline shall inform the Passenger as soon as possible and offer the adequate compensation with consideration of the provisions stipulated in chapter 5 of Section XV of these Regulations.
Chapter 8. Terms and conditions of tickets submission for reimbursement of paid amounts
1. A Passenger must submit a ticket to the Airline for refunding of amounts for partially or completely unused paid transportation, if it is permitted by the fare application rules in such cases:
- before the transportation starts, or
- throughout the flight ticket validity term for transportation, or
- within 30 days after expiry of the flight ticket validity term for transportation.
The Airline, taking into account the circumstances which prevent from submitting a ticket to perform the operation for a refund, may extend this period.
2. Termination of the period specified in Paragraph 1 of this Chapter shall not deprive the Passenger of the right to file claims to the Airline in accordance with section XXVII of these Regulations.
Chapter 9. Abbreviations
1. Name of the Airline, excluding its full name, may also be mentioned in the ticket in the form of IATA Airline Code - QU.
2. Passengers are infirmed of the full name of the Airline, which is given in the ticket in the form of a code, by the Airline (its sales agent or handling agent) during the booking (registration).
IV. STOP ON THE ROUTE OR AGREEMENT OF THE STOP (STOPOVER)
1. A stopover is allowed only under condition that it is previously agreed with the Airline and is indicated in the ticket.
2. If Passenger has a ticket issued at normal fare, stopover during the validity term of the ticket shall be allowed at any point along the route.
3. If a Passenger has a ticket issued at special fare, and makes a stopover, then the Passenger may be charged an additional fee. Information on the charges can be obtained at the cash-desk offices of the Airline, sales agent, as well as from representatives of the Airline.
V. FARES AND CHARGES
1. Fares applied shall mean fares established and published by the Airline or on behalf of the Airline (or if not published – calculated based on the fare regulations of the Airline) for the flight or flights from the point of departure to the point of destination specified in the ticket, which are effective on the day of the ticket payment for the corresponding service class. There are application rules for each fare setting out the validity term of a ticket, fare application terms and reimbursement of amounts for unused transportation or part of it, other conditions and it can also include surcharge which is an integral part of it. Terms of tariffs use approved by the head of Airline are placed on the Airline’s site http://www.azurair.ua/ and are available to Airline Passengers for review.
2. Fares do not include transport services between airport terminals as well as between airports and city terminals.
3. Airport charges (taxes) for provision of services to Passengers at the airport shall be established and approved in accordance with the legislation and published in the form available and intelligible to users for review.
4. Airport charges (taxes), taxes and fees set by the state of the airport of departure (destination), charges (taxes) of the Airline shall not be included in the fare, and along with the fare shall constitute full cost of air transportation.
The Airline and its sales agent may charge a fee for air transportation clearance operation and for a refund operation. Fee for air transportation clearance operation is not included in the ticket price and is paid separately.
5. Airport charges (taxes), taxes and fees set by the state of the airport of departure (destination), charges (taxes) of the Airline established for using any services or equipment may be included in the cost of air transportation or paid separately with submission of documents confirming payment for such services.
6. Fares, charges (taxes) for air transportation from/to and in the territory of Ukraine shall be published by the Airline and airports in ABS/GDS in the currency approved by the State Aviation Administration of Ukraine and agreed with the IATA Conference for fare policy coordination.
7. Settlements for services of air transportation in the territory of Ukraine shall be provided in accordance with the Ukrainian legislation.
8. Discounts to the applicable fares are governed by special instructions of the Airline developed on the basis of the legislation of Ukraine and ІАТА regulatory documents. Information on the applicable fares discounts of Airline shall be available from Airlines offices, sales agents, as well as representatives of the Airline.
9. Cost of air transportation shall be paid in accordance with the currency regulation rules of the country of sale.
Payment for transportation may be made in cash or by cashless settlement.
VI. BOOKING OF PASSENGERS AND BAGGAGE TRANSPORTATION
Chapter 1. Requirements to booking
1. ABS/GDS shall be used for booking. One can book a seat and tonnage using mobile telephony, web-site, specialized self-service machines. The obligatory condition for application of such booking methods is a reflection of the performed booking in the booking system of the Airline.
2. Booking shall be made within the terms and in accordance with the procedure established by the Airline’s rules. Passenger’s Passport Data are entered into the booking subject to the governing laws and international treaties of Ukraine.
3. Booking a seat on board the aircraft and transportation capacity for excess baggage for the specific date and fight shall be an obligatory condition for a Passenger and excess baggage transportation by aircraft.
4. The Airline or its sales agent, who makes the booking, must inform the passenger (his/her s representative) about the conditions of application of the fare for which the booking was made, the time of payment of the cost and the execution of this transportation, as well as changes in the schedule of flights.
The Passenger using the website for booking must familiarize himself with the information provided.
The Airline must submit information on changes in the schedule of flights to the ABS/GDS no later than 8 hours before departure. Otherwise, the sales agent is not responsible for timely informing the Passenger of changes in the schedule of flights of the Airline. The obligation to inform Passengers in case of entering information on changes in the schedule of flights in less than 8 hours is the responsibility of the Airline.
5. Until the Passenger (his/her representative) does not pay the full cost of transportation, booking is considered preliminary and can be canceled with notification of the Passenger if necessary.
6. In the event of failure to pay the cost of transportation by a Passenger (his/her representative) in the period assigned by the Airline (sales agent), booking is canceled without notification of the Passenger.
7. If a Passenger has not arrived for the flight, which he/she has confirmed booking (for registration or boarding - No-Show) for, and has not informed the Airline before the beginning of flight check-in about changes in his/her trip, the Airline shall be entitled to cancel the booking for the next route segments or for the return flight.
Chapter 2. Personal data of the Passenger
1. When booking, the Passenger shall provide to the Airline or its sales agent all the necessary information concerning his/her personal data and if necessary shall provide information about special conditions of transportation. In addition, at the time of booking, the Passenger shall provide the Airline or its sales agent with reliable information about his/her phone number, address and other possible means of communication according to the Airline’s rules for timely informing the Passenger. In case of impossibility to establish a communication with the Passenger on the information provided by him/her and subject to the documentary fixing of this fact by the Airline, the Passenger bears sole responsibility for the consequences of delay in notification and informing of any changes in transportation. Entry of contact details of the sales agent instead of the contact details of the passenger into the booking is prohibited. The sales agent is responsible for absence of the necessary personal and contact data of the Passenger in booking.
2. If the Passenger refuses to provide the necessary information for booking, the booking shall not be made.
3. Protection and processing of personal data of the Passenger during the booking of air transportation is carried out in accordance with the legislation of Ukraine and the country of destination of air transportation.
By providing his/her personal data during the booking, the passenger hereby authorizes the airline to process, store and transfer his/her personal data to third parties for the purpose of booking or re-booking of flights, servicing of flights and passengers, obtaining additional services, seeking baggage and warning / detecting fraud with shipping documents, providing information assistance on entering / leaving the route of passenger transportation and escort.
Chapter 3. Provision of seats
1. Booking a seat for flight may be both with provision of a specific seat for the Passenger aboard the aircraft and without it.
2. The Airline may change the given seat even after the Passenger’s boarding the aircraft for safety and technical reasons.
3. In the event of purchase of a ticket with open date of departure by the Passenger, booking of a seat is made on a general basis.
If a Passenger has a ticket with open date of departure and applies for a seat for a flight on which no free seats are available, the Airline or its authorized sales agent shall offer that the Passenger to make a booking for the next flight with free seats available.
4. The primary and special right to get a seat on a flight is determined in accordance with the legislation of Ukraine.
On flights of SKYLINE EXPRESS, primary and special right to get a seat shall be given to disabled persons of I and II groups, veterans, participants of military actions and persons equated to them, participants of war, persons who have special merits to the Motherland, Heroes of Ukraine, Heroes of the Soviet Union, , people's deputies of Ukraine during the term of their deputy powers , passengers with disabilities or with reduced mobility, unaccompanied children, passengers with children under 2 years old and passengers with two children from 2 to 12 years old. Airline can complete the list of persons eligible to receive primary and special seats on flight.
5. In case of a Passenger wishing to have a specific seat on board the aircraft, the Airline has the right to charge the fee established for it, the fee amount is posted on the airline's website http://www.skylineexpress.aero/.
6. Providing seats for Passengers under conditions of unconfirmed booking («STAND-BY» – «SB» and «SEAT AVAILABLE» – «SA»):
- Passengers served under conditions of unconfirmed booking in case of seat availability are checked in the airport and accepted for for transportation during Passengers having tickets for the flight with confirmed booking are checked in;
- In the absence of seat availability Passengers with the Condition «SB» and «SA» are accepted for transportation only in case of availability of seats after the Passengers having tickets for the flight with confirmed booking are checked in.
Chapter 4. Reconfirmation of return departure booking
1. The Airline may ask the Passenger to reconfirm his/her return departure booking in cases stipulated by the Airline’s rules. The Passenger should be informed about the need to confirm the return flight.
If the contract for air transportation provides for several segments of the flight, reconfirmation of return departure booking can be required for each segment of the route. The Airline (its sales agent) must inform the Passenger about the conditions, method and time of reconfirmation of return departure booking when making booking and / or issuing a ticket.
2. Reconfirmation of of return departure booking is not required if the expected return flight is in less than 72 hours or flight booking has been made less than 72 hours before the schedule departure time.
Non-compliance by the Passenger with the requirements of the Airline to reconfirm the return departure booking shall entitle the Airline to cancel unconfirmed booking but not earlier than 72 hours before the schedule departure time.
Chapter 5. Booking and sale of transportation through the Internet
1. One can book a ticket through the Internet through the website of the Airline or its sales agents.
2. Registration of the order is a confirmation that the user agrees with the conditions of the contract for air transportation, heher is familiar with the rules and conditions of the Airline, as well as the conditions of application of fares.
3. After booking and payment for the shipment, an Itinerary / Receipt and the terms of the contract for air transportation between the Passenger indicated on the Itinerary / Receipt and the Airline are sent to the email address specified in the booking.
4. Passenger can not cancel self-paid and booked booking through the Internet. This transaction is carried out by the Airline or its sales agent subject to the registration of a return statement by the Passenger.
5. The airline and its sales agent, through the website of which the reservation has been made, is obliged to inform the Passenger in advance about the changes made in the booking made by the Airline. Information about changes in the booking must be made to the ABS/GDS by the Airline no later than 8 hours before departure. Otherwise, the sales agent is not responsible for timely informing the Passenger about changes in the booking.
VII. PASSENGERS SERVICE
General terms
Passengers service at the airport shall be performed by Airline authorized handling agents.
The Airline is not liable for damages or losses of any nature incurred by the passenger as a result of services rendered to him or due to the inability to use such a service caused by third parties unrelated to the Airline.
Chapter 1. Passengers service at the airport
1. Airport operator or Handling agent shall ensure Passengers at the airport with visual and / or acoustic information about:
- Time of departure and arrival of aircraft;
- Location and time of beginning and end of check-in;
- Delays or flight cancellations and the causes of delays and cancellations;
- Methods and routes of transfer between airport terminals or travel between the airports and from the airport to the city;
- Rules and procedures for conducting aviation security control, inspection of Passengers, their hand luggage and baggage;
- General rules for passenger requirements related to border, customs, immigration, sanitary, veterinary and sanitary, phytosanitary and other kinds of control;
- Location of the room of mother and child, police post, reference, clinic, dressing, etc.;
- Baggageclaim area and passenger’s actions in case of delay, damage, destruction of baggage.
2. All advertisements undertaken at airports of Ukraine should be performed in Ukrainian and English. In international airports advertisements can be additionally performed in language of the country to / from which the flight is operated.
3. The Airline or its handling agent provides at the airport:
- Registration of Passengers and baggage for carriage;
- Ground transportation of Passengers and baggage to the parking space and organizes boarding of Passengers and loading of baggage;
- Organization of unloading of Passengers and baggage from aircraft, their ground transportation to respective terminal of airport of arrival and baggage claim.
- Informing about delay / cancellation of the flight not later than 10 minutes before the time of arrival of the aircraft according to schedule.
4. The time of passenger registration (start, end) is set by the airline. Check-in at the airport, located in Ukraine, begins depending on the distance of the flight to the time of departure of the flight specified in the ticket:
- 2 hours for flights of 1,500 kilometers or less:
- for 3 hours for flights over 1500 to 3500 kilometers;
- for 4 hours for flights over 3500 kilometers.
Check-in for passengers using the airline's website begins 20 hours before the departure of the flight specified in the ticket. During check-in on the airline's website, the passenger chooses a seat in the cabin and prints a boarding pass.
The end time of check-in of passengers at airports, regardless of the distance of the flight is 60 minutes before the departure time of the flight specified in the ticket. The end time of check-in of passengers on the airline's website is 4 hours before the departure time of the flight specified in the ticket.
5. Completion time of Passenger boarding to aircraft in the airports of Ukraine and the airports abroad - 20 minutes before flight departure, indicated on the ticket. In airports outside Ukraine, the time of completion of boarding of passengers on board the aircraft is set taking into account the peculiarities of the airport and what is indicated in the boarding pass of the passenger.
6. The beginning and end of registration and boarding should be indicated on the ticket or other document provided to the Passenger at the time of purchase.
7. Business class Passengers shall be served in a separate check-in desk (in the absence of such a possibility - registration is carried out in the first place), they shall get an invitation to business lounges (where available); delivery of these Passengers to / from the board of the aircraft shall be performed on a separate bus.
Chapter 2. Passengers service aboard an aircraft
1. The Airline shall provide Passengers on board an aircraft with a range of services depending on the type and equipment of the aircraft, flight duration, time of the day when the flight takes place, and the class of service indicated in the ticket. The scope of services and the order of their provision are determined by the rules of the Airline. One can directly inquire about the scope and order of service provision at the Airline, the Airline's representative office or its authorized sales agent.
2. The Airline must ensure:
- Equipment of passenger cabin with technical means and systems to ensure passenger safety; support of appropriate temperature in the cabin, means of personal use for Passengers (individual lighting, fan, table for food, safety harnesses system, oxygen and protective breathing masks, etc.);
- Support proper sanitary condition in cabin;
- Health staffing and equipment, inventory and Passengers servicing facilities;
- Availability of seats for Passengers with children;
- The possibility of placing patients on stretchers (if stipulated by the Airline’s Rules), other passengers with disabilities or with limited mobility;
3. The Airline on board the aircraft must have a trained staff in sufficient numbers for Passengers services, including the provision of first aid, as well as to ensure the safety of flight in accordance with applicable rules and regulations of Civil Aviation of Ukraine.
4. On board the aircraft the Airline shall ensure the following services free of charge:
- Assistance to Passengers during boarding or unloading to / from aircraft (finding the seat, accommodation of hand luggage, etc.);
- Information and reference service - informing Passengers about the rules of behavior on board aircraft, services, flight conditions, use of safety equipment, location of personal protective equipment and inflatable ladders in the cabin of the aircraft, location of main and emergency exits, conditions of leaving the aircraft in emergency situations;
- First Aid;
- Provision of drinking water at the request of the Passenger;
- Use of toilet rooms.
The Airline is obliged to inform passengers about the services provided on board an aircraft free of charge and the order of their provision immediately after the start of the flight.
5. Passengers on board the aircraft are serviced in the following classes:
- First class;
- Business class;
- Premium (improved economy) class;
- Economy class.
6. Meals and hot drinks are provided on board an aircraft in accordance with the rules established by the Airline. Meals are provided on board an aircraft in accordance with the standards established by process maps made for each flight of the Airline. Meals and hot drinks may not be given to Passengers of an aircraft, if such a condition is set by the rules of the Airline or customer of the flight and a Passenger is informed about the conditions of service on board the aircraft before making the air transportation contract or purchasing a package of comprehensive travel services. If meals and other additional services on board are not provided and are not included in the fare, the Airline has the right to charge fees for meals, beverages and other additional services on board subject to advance notification to the Passenger.
Special meals (children, vegetarian, religious, dietary or seafood) on board the aircraft are provided only subject to advance ordering (no later than 24 hours before departure).
Passengers are prohibited from using alcoholic beverages on board aircraft unless they have been served by the Airline personnel.
7. The Airline may provide the Passenger with additional services of increased comfort during the flight. List of additional services, procedure of their provision and payment shall be established by the Airline. The Airline shall inform Passengers of the additional services during the booking, ticket purchase and by the way of placing information on the website of the Airline http://www.skyleneexpress.aero/ or one can find out at the representative office of the Airline and its authorized sales agent.
8. To provide first aid during the flight, the Airline shall have first aid kits on board an aircraft in the following quantity:
- Number of Passenger seats from 0 to 99 - 1 unit;
- Number of Passenger seats from 100 to 199 - 2 units;
- Number of Passenger seats from 200 to 299 - 3 units;
- Number of Passenger seats over 300 - 4 units.
Chapter 3. Quality of service provided to Passengers on board the aircraft depending on the class of service
1. Passengers service in First and Business class shall be in a separate cabin. Assembly of First and Business class cabin depends on the type of aircraft operated. Number of seats in business class depends on the particular aircraft.
2. Premium class (Comfort class) - a class of superior comfortability, standards of service in which (food and baggage regulations) must be higher than the standard of service in the Economy class. Premium (Comfort) class cabin is equipped with seats provided for Economy class cabin. Distance between seats (between the two front legs of chairs) shall be not less than 78.71 cm (31 inch). The air carrier can equip a Premium class cabin with seats similar to those of the First class or Business class.
3. Premium (Comfort) class cabin is separated from the Business class cabin and Economy class cabin by the cabin partition (hard or soft).
4. When selling a ticket, the Airline or its sales agent is obligated to inform the Passenger about the services provided to First class, Business class and Premium (Comfort class) Passengers in accordance with the rules of the Airline.
5. Economy class cabin is located behind the First, Business or Premium (Comfort) class cabin if available. Placement of Passengers is carried in the passenger cabin with standard seating.
6. Board meals services for Passengers must be carried out with strict observance of terms of products.
All types of recommended (additional) services must be provided
without prejudicing the safety and performance of required services.
Chapter 4. Safety requirements for on board aircraft
1. Aircraft must be provided with the necessary set of rescue equipment and means of emergency evacuation of Passengers in an emergency situation.
2. It is prohibited to take on board the aircraft containers, machinery and equipment, which do not include jacks, racks or special hardware.
3. Maximum number of persons on board the aircraft must not exceed the number of seats and seats, secured with seat belts.
4. Before take-off, landing and in special cases, Passengers are required to fasten their seat belts, flight attendants - to control the position and tension of belt of each Passenger. Children under two years old who do not have own seats are placed on the lap of adult passenges, who must keep their hands firmly and fix with special straps attached to seat belts for adult passengers.
5. Flight attendants on each flight must:
- Timely and properly inform Passengers about locations of emergency equipment and rules of its usage;
- To familiarize Passengers with safety instructions;
- Carefully inspect all passenger aircraft facilities to detect extraneous things;
- During the reception and accommodation of Passengers in the aircraft carefully respect the requirements of aircraft balance, to avoid placing bulky items on the luggage rack and placing any items in the aisles near the front door and emergency exits;
- While flying in a zone of turbulence to require that Passengers were in their seats with seat belts fastened;
- In extreme situations to keep composure, confidence in actions and in oneself; actions should be accurate, voice calm, speech persuasive;
- Before boarding and landing of Passengers to check the correct installation of the airstairs;
- Before aircraft take-off and landing to verify the correct installation and fasten equipment and inventory;
- Prevent Passengers from moving in the cabin when the panel "Fasten the seat belt" is switched on.
6. Cradles for infants should be installed after take-off of the aircraft and when the panel "Fasten the seat belt" is switched off and be removed no later the panel "Fasten the seat belt" is switched on before landing of the aircraft.
7. The airline provides safety in the cabin, proper and safe placement of hand luggage, baggage, removable equipment, soft equipment service facilities etc.
VIII. TRANSPORTATION OF SPECIFIC CATEGORIES OF PASSENGERS
Chapter 1. Transportation of Handicapped Passengers or disabled persons
Chapter 1. Carriage of passengers with disabilities or with reduced mobility
1. The Airline or its sales agent shall not have the right to refuse to book places for persons with disabilities or with limited mobility, except as provided for in paragraph 2 of this chapter.
The Airline and its handling agent shall not have the right to deny disabled persons or persons with reduced mobility when boarding an aircraft in the presence of a valid ticket and reservation, except as indicated in paragraph 2 of this chapter.
2. The Airline, its sales agent, handling agent may deny a disabled person or a person with reduced mobility in the confirmation of reservation, boarding an aircraft, and also require the accompaniment of such person by another person who is able to provide him with the necessary assistance:
- in order to comply with the safety requirements established by international law, legislation of Ukraine and safety requirements established by the authority that issued the valid operator certificate;
- if the size of the aircraft, its door makes it impossible to board an aircraft or to transport a passenger with a disability or with reduced mobility.
In case of refusal to confirm the reservation from the reasons stated in this clause, the Airline, the sales agent, in the first place, must make every possible effort to offer an acceptable alternative transportation option to such person.
3. In case of passengers with disabilities or reduced mobility who have been denied boarding on the grounds of the reasons mentioned in paragraph 2 of this chapter, as well as any person accompanying a passenger with a disability or a reduced mobility, the Airline shall firstly have to offer a refund of the ticket price or change of the route in accordance with clause 2 of Chapter 2 of Section XV of the Aviation Regulations and these Airlines Rules. Payment of compensation in this case is not carried out. The right to return or change the route is granted subject to all safety requirements.
4. The Airline and its sales agent are obliged to publish on their websites in Ukrainian and English, as well as other languages, the rules of safety, support and conditions of transportation of passengers with disabilities or with reduced mobility, as well as any restrictions regarding their transportation or transportation of vehicles, taking into account the technical capabilities of the aircraft.
A tour operator and sales agent must inform the passengers of the rules of safety, accompaniment and restrictions for flights that are involved in comprehensive travel, voyages and tours that it/he arranges and / or offers for sale.
5. In the event of a refusal to a person with a disability or a reduced mobility in the course of booking or boarding an aircraft for the reasons specified in paragraph 2 of this chapter, the Airline, sales agent or handling agent shall immediately inform such person about the reason for the refusal and for the requirement of the person who is denied the reservation or boarding of an aircraft within five working days from the date of receipt of the request to provide an additional written notice of the reasons for the refusal.
6. An airport operator, together with airport users and with the involvement of organizations representing the interests of persons with disabilities or with reduced mobility, should determine the locations of arrival and departure points to / from the terminal or within the airport where passengers with disabilities or with reduced mobility could freely report about their arrival and request for the necessary assistance. Departures and arrivals can be located in one place or in different places.
In the designated locations of arrival and departure points, basic information about services, location of service points, etc. should be posted in a format accessible for passengers with disabilities or with reduced mobility.
7. In order to ensure the rights of passengers with disabilities or with reduced mobility when using air transport services, airport operators and the Airline should set up groups (services) to assist persons with disabilities or with reduced mobility.
Such groups (services) can be either permanent (for example, at airports with a high volume of passengers with a disability or with limited mobility) or temporarily active (organized from among shift staff for specific cases of servicing passengers with disabilities or with reduced mobility).
8. The passenger must independently determine his possibility to use the air transport taking into account his state of health, before traveling. The Airline must provide the relevant flight information in a form accessible to the passenger.
9. The Airline and its sales agents should take all necessary measures to ensure that information on assistance to passengers with disabilities or with reduced mobility provided by the Airline, its terms and order of ordering such assistance is available at all their points of sale, including when selling via telephone, mobile communication and the Internet.
The sales agent who receives a request for assistance with a person with disabilities or with reduced mobility must, as soon as possible, send such a request to the Airline.
10. A request for assistance during transportation of a person with a disability or with reduced mobility must be sent by the sales agent who received such a request or by the passenger (his representative) to the Airline no later than 48 hours before the declared departure time of the flight. The Airline must provide the relevant information at least 36 hours prior to the declared departure of the flight:
- airports of departure, arrival and transit;
- servicing airline, if such carrier has not made a reservation.
In all cases, other than those specified in this clause, the Airline, its sales agent shall transmit the information as soon as possible.
If an event that resulted in loss of mobility occurred less than 24 hours prior to departure or the request for assistance was not made during the booking, the question of the possibility of transportation of the person who lost mobility is resolved promptly by telephone numbers placed on the website of the Airline http://www.skylineexpress.aero/.
11. After the departure of the flight, the Airline or its handling agent must, as soon as possible, send a notice to the destination airport regarding the number of passengers with disabilities or with reduced mobility on the flight, indicating the necessary assistance.
12. If a passenger with a disability or a reduced mobility arrives at the airport for the purpose of air transportation to which he has a reservation, the airport operator shall provide the assistance referred to in paragraphs 18.19 of this chapter, provided that the request for assistance during the carriage of a person with a disability or reduced mobility is sent by an air carrier at least 48 hours prior to the departure time of the flight indicated in the ticket.
A request for assistance in the carriage of a passenger with a disability or a reduced mobility applies to a return flight if an agreement has been entered into with the same airline for the flight of departure and return, which should be notified to the passenger.
13. In case of need for use of a guide dog or other service animals, the Airline shall ensure the transportation of a passenger with a disability or with reduced mobility together with a guide dog or other service animal. Passengers accompanied by a guide dog are setaed in places where there is plenty of room for placing a guide dog near the emergency exit. Dog guide and service animals are transported free of charge. The rules for the transportation of service animals are established by the Airline.
14. In the absence of a request for assistance in the carriage of a person with a disability or with reduced mobility, the airport operator shall take all possible measures to provide the necessary assistance specified in paragraphs 18 and 19 of this chapter.
15. The provisions of paragraph 12 of this chapter shall apply provided that a passenger with a disability or a reduced mobility shall be present at the time of registration as determined by the Airline (tour operator) and brought to the passenger's notice in writing (including by electronic means), or not later than one hour before the flight departure time indicated in the ticket.
Also, the provisions of paragraph 12 of this chapter shall apply if a passenger arrives at a designated point in the airport for servicing of passengers with disabilities or with reduced mobility:
- at the time determined by the Airline (tour operator), its service agent, serving the Airline's flights, and brought to the passenger's notice in writing (including by electronic means);
or
- no later than two hours before the departure time of the flight indicated in the ticket, unless the time of arrival at the airport has been reported.
16. If a passenger with a disability or a reduced mobility makes transfer at an airport located in the territory of Ukraine, the airport operator or handling agent performing the Airline's services at the airport of transit provides the assistance specified in clauses 18, 19 of this chapter.
17. Assistance in the carriage of passengers with disabilities or reduced mobility as specified in paragraphs 18, 19 of this chapter shall meet the needs of such persons and shall be provided free of charge by the airport operator.
18. An airport operator or handling agent should take measures to ensure that passengers with disabilities or reduced mobility have the opportunity to:
- report about their arrival to the airport, including through the "call button" or the intercommunication equipment in an accessible location and at a convenient level for such passengers, and seek assistance at designated locations within and outside the terminal of the airport;
- move from the specified point to the check-in counter;
- check-in and register baggage;
- move from the check-in counter to the aircraft with the passage of migration, customs and other procedures;
- make landing on / off the board (s) of the aircraft with the help of elevators, invalid carriages, wheelchairs or other necessary support;
- move from the aircraft door to their seats;
- store and reach baggage in the cabin of the aircraft;
- move from seat to the door of the aircraft;
- move from the aircraft to a baggage claim terminal and receive baggage with the passage of migration and customs procedures;
- move from the baggage claim terminal to a certain point of control;
- move to the exit for landing on a connecting flight in case of transit with assistance in air and on the ground, as well as, if necessary, within and between airport terminals;
- move, if necessary, to the toilet room within the terminal;
- receive information necessary for the flight operations in acceptable formats;
- make temporary replacement on a similar basis of damaged or lost mobile vehicles.
Also, the operator of the airport should provide servicing of guide dogs, if necessary.
19. An airport operator or handling agent should provide all necessary means of transportation of a person with disabilities or with reduced mobility, including wheelchairs with an electric drive, subject to advance request within 48 hours and taking into account possible restrictions on the space on board the aircraft; and in accordance with the provisions of ICAO, IATA and Ukrainian legislation on the transportation of dangerous goods.
20. If a person with a disability or reduced mobility is assisted by an accompanying person, the person should be given the opportunity to assist the passenger with disabilities or with reduced mobility at the airport during landing and disembarkation from the aircraft.
The Airline shall provide a passenger accompanying a passenger with disability or reduced mobility with a place on board an aircraft located near the place provided to the person being accompanied.
21. The Airline shall provide for transportation of up to two units of mobile vehicles by each passenger with disability or with reduced mobility, including wheelchairs with electric drive, subject to advance request within 48 hours and taking into account possible restrictions on the space on board the aircraft; and in accordance with the provisions of ICAO, IATA and Ukrainian legislation on the transportation of dangerous goods.
22. In order to meet the safety requirements, passengers with disabilities or reduced mobility shall be located in the cabin of the aircraft near the emergency exit in such a way as not to interfere with the rapid evacuation of passengers from the aircraft.
The Airline shall provide assistance to such passengers when moving in the cabin of the aircraft.
23. If wheelchairs, other mobile equipment or auxiliaries have been lost or damaged during service at an airport or on board an aircraft, the passenger to whom such equipment belongs shall be entitled to compensation for the value of such property.
24. A commitment to a passenger with disability or reduced mobility may not be limited or not fulfilled in accordance with the provisions of this chapter.
25. The Airline is not responsible for the deterioration of the health of passengers or other consequences that may occur due to the passenger's age, his/her mental or physical condition during boarding / landing on / off the board of the aircraft, the flight or upon completion of the air and ground transportation within the airport.
26. A passenger whose physical state raises concerns of the Airline shall be allowed for transportation by the Airline upon condition of presentation an appropriate certificate issued by a health care institution certifying that there is no medical objection for air travel for this passenger and/or in some cases that his/her disease is not dangerous for public. Such a certificate should be issued no later than 5 days before the date of the scheduled departure.
27. Severely ill and stretcher-bound passengers may only be transported if accompanied by a person who will take care for the passenger during the flight and with the provision of the place(s) on board the aircraft with payment according the tariff established by the Airline.
28. When a person cannot be transferred from his/her stretchers to a seat, possibility of his/her transportation shall be determined in advance as agreed between the Airline and the accompanying person.
29. The Airline has the right to refuse carriage of a stretcher-bound passenger if the aircraft does not have the conditions necessary for his/her transportation.
30. The Airline, airport operators and handling agents should provide a sufficient level of qualification for their personnel who provide assistance to persons with disabilities or with reduced mobility.
31. Whenever possible, the Airline and airport operators and handling agents determine a separate check-in desk for persons with disabilities or with reduced mobility. As far as possible, the personnel of the specified airport subjects should receive appropriate training, including sign language, including international language.
32. Assistance shall be provided to passengers with disabilities or reduced mobility without degrading their dignity and shall ensure that this category of passengers receives the services provided to all passengers, taking into account the requirements of flight safety, aviation safety and security on board the aircraft. Transportation and service services for passengers with disabilities or reduced mobility should be adapted to the needs of such passengers and should be provided in accordance with the guidance material provided in the Manual on Access to Air Transport by Persons with Disabilities (Doc 9984).
Chapter 2. Transportation of children and pregnant women
1. Children on air transport shall be considered infants (INF) under 2 years old and children (CHD) aged 2 to 12.
2. Children under 2 years old shall be transported without a separate seat, and children aged 2 to 12 on a separate seat.
3. Children can be transported as accompanied and unaccompanied by an adult passenger, subject to the requirements specified in Paragraphs 4 - 8 of this Chapter.
4. By category "Unescorted children" the Airline handles children aged 5 to 14 in case of domestic transportation and children aged 5 to 16 in case of international transportation, in case of transfer where there is an international segment may be accepted for transportationsubject to the following conditions:
- they are accompanied to the departure airport by a parent (legal guardian) or their legal representative, who look after them until the moment of departure;
- they are met at the destination airport by a parent (legal guardian);
- a parent (legal guardian) has paid a fee for escort of the child at all parts of the route when purchasing the ticket.
Unescorted children under 5 years old shall not be carried on flights.
5.The child's age is determined by the date of commencement of transportation from the departure airport indicated on the ticket. The date of birth of the chil /contact of the persons accompanying and meeting the child must be entered in the PNR in SSR format during the booking.
6.Unescorted children are accepted for air transportation by the Airline after completion by the parents or persons performing their duties, appropriately executed documents and payment of services established by the Airline, namely:
- application for the carriage of an unescorted child (children), containing the following information: last name and first name (s), passport number or identity document, as well as contact information (country of residence, home address and telephone number) of the unaccompanied child, the person sending such child on departure and the person who meets the child at the destination;
- notarized permission of both parents (guardians) for carriage of an unescorted child in accordance with the legislation of Ukraine (Cabinet of Ministers dated August 22, 2018, No. 619 and Law of Ukraine dated July 3, 2018).
- payment of the fee, which amounts to USD 15 for domestic flights, USD 50 for flights within CIS territory and USD 80 for international flights to other countries. Payment for the services shall be made for each flight segment to Azur Air UkraineAirlines LLC using a separate MCO.
Unescorted children may be allowed for transportation upon condition of booking with ‘OK’ status not later than 4 days before the departure and obtaining the consent of the Airline for such transportation. Direct flight must be chosen and, if possible, the flight must take place during daytime.
Unescorted children shall not be accepted for transportation at routes carried our by more than one consecutive Airlines. Unescorted children shall be admitted to transfer flights of the Airline only under exceptional circumstances. Such children shall have confirmed booking for the transfer location, and such a transfer shall not involve moving to another terminal or airport.
7.Each adult Passenger may transport only one infant without a separate seat. One adult patient may transport no more than two infants – one without a separate seat and one on a separate seat with payment for such transportation in accordance with the rules established by the Airline for transportation of children aged 2 to 12. More information about transportation fares may be obtained by contacting by phone, available on the website of the Airline http://www.skylineexpress.aero/ ().
Infants (children under 2 years old) whom a separate seat was purchased for shall be transported in an infant safety car seat, which must be certified for use on air transport. In the event of a Passenger lacking such an infant car seat or failing to comply with aforementioned requirements, the Airline shall be entitled to deny transportation of the infant on a separate seat.
8. Passengers with children under 2 years old shall be allocated to seats equipped with an additional oxygen mask
9. Pregnant women may be accepted for transportation by air transport on the condition that their gestational age does not exceed 35 weeks, or - in a case of multiple gestation - 32 weeks. Conditions of carriage of pregnant women are established by the rules of the Airline, namely:
- the Airline accepts pregnant women for transportation provided that they provide a medical certificate issued not later than five days before the departure date, about the absence of contraindications for air transportation on the date of the flight. A certificate from the doctor about the term of pregnancy is required after 28 weeks (based on the expected term of delivery).
The Airline has the right to refuse a pregnant woman if it is regulated by the requirements of the immigration law of the country of destination.
10.Transportation on an aircraft of the Airline of parturient women and newborns within the first 7 days after childbirth is forbidden.
Chapter 3. Transportation of deported and inadmissible Passengers
1. The Airline shall not be responsible for public authorities refusing to grant permission to enter the country.
2. At the request of the Airline or public authorities, the Passenger shall return to the point of departure or another location in connection with refusal of the destination country to accept such a Passenger, regardless of whether this country is the point of destination or transit, as well as pay the applicable cost of return transportation.
3. As payment for such transportation the Airline may use any unused amounts paid by the Passenger earlier for transportation and remaining at its disposal, or any other money of the Passenger at the disposal of the Airline.
4. The cost of a ticket for transportation of persons deported for civil/criminal violations shall be paid by public authorities of the country that made a decision to deport such persons to the country of deportation.
5. Before transportation, the Airline shall be provided with all information on the presence on the flight of potentially dangerous Passengers who are transported by enforcement. In the event of transportation of convoyed persons on board an aircraft, relevant records shall be made in the flight documents.
6. Airline shall be entitled to deny transportation of persons deported for civil or criminal violations in accordance with Section X, Chapter 1 of these Regulations, in the event of lack of transportation documents or if there is a reason to believe that the Deportees may be dangerous for life and/or well-being of other Passengers or jeopardize flight safety.
7. Potentially dangerous persons shall not be denied transportation on the grounds of change or replacement of an aircraft configuration, etc.
8. Deportees shall only be transported in economy class of the Aircraft. In the event of ticket resale, upgrade from the economy class is not allowed for this category of Passengers.
9. Boarding of the persons of these categories is made before boarding of other Passengers, and deplaning – after disembarkation of other Passengers of the flight.
10. It is forbidden to serve alcohol drinks and on-board meals with provision of metal cutlery to these categories of Passengers.
11. Seats for these categories of Passengers are provided in the rear part of the Passenger compartment of the aircraft. In the event of potentially dangerous Passengers, they shall be separated from other Passengers with one or several rows of free seats.
12. Potentially dangerous Passengers shall not be accepted for the flights according to the decision of the Airline.
13. Deportees shall be accepted by the Airline for direct air transportation under the following conditions:
- The governmental body, which carries out deportation, has notified the Airline at least 24 hours before the flight and provided sufficient information about the deportees (number of flight, number of deportees, reasons for deportation, presence among the deportees of persons who were brought to criminal responsibility, presence of infectious patients and psychotics, and the list of officials who accompany the deportees);
- All necessary documents on transportation acceptance are available.
14. Deportees shall be accepted for transfer air transportation under the following conditions:
- transportation booking is confirmed on all segments of the route;
- transfer is not connected with transfer/movement to another terminal or airport;
- transfer is not connected with spending night at the point of transfer; minimum time period for flight connection may not be less than provided for this airport, and it shall allow for additional time for transportation and allocation of such persons in the point of flight connection.
15. It is not allowed to split deported families during transportation. In the event of transportation of large deported families, it is allowed to exceed the maximum number of civil deportees on a single flight.
16. Persons under arrest shall be admitted for transportation in the number not exceeding one person per flight and accompanied by less than two guards (authorized persons of the relevant public authority).
17. No more than 3 Deportees can be transported on one flight. The permission to transport more Deportees on a flight in each case is provided by the Director General.
Potentially dangerous Passengers are not accepted for carriage on flights, which carry groups of children, VIP persons.
IX. PASSENGER CHECK-IN AND BAGGAGE CHECK
1. For transportation of Passengers and baggage check, the Airline or service agent, as may be stipulated in the transportation contract, shall ensure Passenger check-in and baggage check using automated departure control systems (DCS), except for carriers carrying out transportation from airports (landing places) not equipped with automated control systems of shipments.
The Passenger can also register independently through the Airline's website or at the airport with the help of self-service kiosks.
Registration at the airport is free of charge if:
- this is provided for by the rules for applying the fare on which the ticket was purchased;
- registration can not be made through the Airline's website or with a self-service kiosk.
Otherwise, the Airline may charge an additional fee for registration at the airport.
2. Passenger shall be admitted for transportation subject to:
- presentation of an appropriately issued ticket
- presentation of one of the documents stipulated in clause 5 of this section;
- compliance with immigration and customs control requirements;
- passage of aviation safety control;
3. - compliance with the rules of the Airline.Registration of passengers and baggage on flights of the Airline at airports of Ukraine shall expire 45 minutes before the time of departure of the flight on schedule.
The time of completion of registration by using the Airline's website is determined taking into account the time necessary for arrival of passengers and luggage at the airport of departure, as well as for landing (loading) on board an aircraft and passing the necessary administrative procedures and requirements connected with the border before departure , customs, sanitary-epidemiological, veterinary-sanitary, phytosanitary and other types of control in accordance with the legislation of Ukraine. There is no registration on the Airline's website.
4. The time of arrival of the passenger to the departure airport is determined by the air carrier, taking into account the requirements of the airport.
In case of arrival of the passenger to the place of registration and the checkpoint upon completion of the registration and / or without the necessary documents for air transportation, the air carrier has the right to cancel the reservation and not delay the flight.
5. Check-in of passengers and baggage clearance is carried out on the basis of a ticket and one of the identity documents specified by the legislation of Ukraine or electronic display of information contained in these documents. List of some of the following documents:
- Ukrainian passport;
- Ukrainian passport for travel abroad;
- child's travel document;
- diplomatic passport
- service passport;
- seafarer's identity card;
- crew member’s identity card;
- identity card for return to Ukraine;
- the passport document of a foreigner issued by the authorized body of a foreign state or a statutory organization of the UNO that confirms the citizenship of a foreigner, certifies the identity of a foreigner or stateless person, grants the right to enter or leave the state and is recognized by Ukraine;
- in cases stipulated by international treaties of Ukraine, - other documents that can be used for traveling abroad.
6. The Airline is obliged to inspect the documents specified in paragraph 5 of this section, in case of international transportation - duly executed visas in accordance with the requirements of the country of destination or transit and other documents necessary for travel. In the absence of any necessary document for travel, the Airline is obliged to withdraw the passenger from air transportation. In such a situation, the withdrawal from the flight shall be considered voluntary.
7. During check-in, the Passenger shall be given the boarding pass, which shall specify his/her last and first names, IATA code or ICAO SKILINE EXPRESS Airlines LLC code, flight number, date and time of departure, start and closing time for boarding, boarding gate and seat number (if applicable) on board the aircraft, other information in accordance with the rules of the Airline.
8. The time of completion of boarding in the aircraft is set in paragraph 5 of Chapter 1, Section VII of these Rules. At airports outside Ukraine, the time of completion of boarding may be different and set taking into account the characteristics of the airport and the circumstances of the flight. Passengers must receive information directly at the departure airport about the time of boarding the aircraft. In case of delay of the passenger or non-arrival on board the aircraft, it is considered that the passenger refused to fly voluntarily, unless it was the fault of the airline or service agent. The airline has the right not to accept such a passenger for transportation and is not obliged to delay the flight.
9. During check-in and baggage check, the Passenger’s baggage provided for air transportation, in addition to the goods specified in clause 1 of Chapter 2 of Section XI of these Rules, shall be weighed.
Registration of checked baggage of a passenger is carried out individually for each owner of such baggage, taking into account the provisions of Chapter 4, Section XI of these rules.
10. The Airline or its service agent shall indicate in the baggage receipt the quantity and the weight of the baggage accepted for transportation and issue a tear-off stub of a baggage identification tag for the checked baggage. For Passengers with electronic tickets, the information on the quantity and weight of the baggage shall be indicated electronically in DCS.
11. To denote special conditions of air transportation of the checked baggage, in addition to the baggage identification tag a special unnumbered warning baggage tag shall be attached Fragile; Priority; Live Animals; Transfer; Wheelchair; UM; Delivery at Aircraft, etc. The baggage tag must correspond to the IATA Resolutions.
12. After check-in and baggage check the responsibility for the integrity and security of the checked baggage shall be borne by the Airline.
The integrity and security of hand baggage is provided by the Passenger.
The luggage on which the "Delivery at Aircraft" tag is attached is stored by the passenger until it is handed over for loading in the luggage compartment near the aircraft.
13. Fee for transportation of baggage that exceeds the free baggage allowance set by the airline shall be levied in accordance with the tariff established by the Airline’s Rules. Payment for transportation of such a baggage shall be processed using an excess baggage receipt or a miscellaneous charges order.
14. Terms of registration with the website are determined by the rules of the Airline.
15. If the Airline uses the registration with the website, it must provide passengers with an opportunity to register their baggage at the airport free of charge, if the checked baggage is covered by the rules for applying the fare on which the ticket was purchased.
X. REFUSAL TO TRANSPORT PASSENGER AND BAGGAGE TO ENSURE THE FLIGHT SAFETY
1. The Airline shall be entitled to deny transportation at any stage of transportation, cancel a booking or withdraw a Passenger from an aircraft if this is necessary for compliance with the following:
- any governing laws of the country of departure, destination or transit;
- any requirements of the Ukrainian public authorities.
2. To ensure the flight safety the Airline shall be entitled to deny air transportation at any stage of air transportation, cancel the booking or withdraw a Passenger from an aircraft at its reasonable discretion if:
- mental or physical condition of the Passenger suggests that he/she requires special assistance from the Airline, which was not specifically ordered, or which the Airline cannot provide under certain circumstances; causes discomfort to other Passengers; may result in any risk for such a person, other Passengers or property of Passengers and the Airline;
- the Passenger has failed to comply with instructions of the Airline related to in-flight safety, because of which the Airline is unable to perform its obligations to the other Passengers on board the aircraft;
- the Passenger behaves in a way that raises concern about in-flight safety, e.g. demonstrates aggressive behavior and/or threats other Passengers, employees of the Airline and the crew of the aircraft;
- the Passenger has refused to undergo inspection of the Airline’s security service, the airport or relevant public authorities;
- the Passenger is or may be dangerous for other Passengers (baggage, cargo) or the aircraft;
- the Passenger has failed to pay applicable fare or charges;
- the Passenger has failed to present required travel documents for inspection;
- the Passenger is attempting to enter a country without an appropriate entry document;
- the Passenger has damaged or lost the identity documents during the flight which makes it impossible to identify such a person;
- the Passenger is under the influence of alcohol or drugs;
- the Passenger has committed one of the aforementioned actions or violations before, and there are reasons to believe that such behavior may happen again;
- the ticket presented by the Passenger is not valid for transportation, it is purchased from a person who is not an Airline or its sales agent, declared lost, stolen, invalid, has signs of forgery;
- the Passenger has presented a flight coupon damaged or corrected by any party other that the Airline or its sales agent;
- the ticket’s first flight coupon is unused, and the Passenger is starting his/her trip in another point of the transportation route as per a new fare unregulated in accordance with fare regulations of the Airline;
- the person presenting the ticket is unable to identify himself/herself as the person indicated in the ticket In all cases of ticket confiscation, the Airline shall draw up a statement of fact, the original of which shall be handed over to the Passenger with a copy retained by the Airline.
3. The Airline has the right to cancel the ticket, declare it invalid and refuse to return the ticket if:
- the ticket is purchased from a person who is not an Airline or its sales agent;
- the ticket is declared lost, stolen, has signs of forgery;
- the person who presented the ticket can not identify himself as a person specified in the ticket;
- the fact of purchasing a ticket by a false / stolen or invalid card is established;
- the fare is incorrectly applied or the passenger has not paid the full cost of air transportation on the day of air transportation not due to the fault of the air carrier and / or the sales agent.
The Airline has the right to cancel the ticket, declare it invalid and refund its value in accordance with clause 3 of Chapter 2 of Section XVIII of these rules if the validity period of the ticket is violated or the ticket’s first flight coupon is unused and the passenger begins his journey in any other place of stop on the route of transportation for the new fare not regulated in accordance with the tariff rules of the air carrier.
4. The Airline has the right to cancel the ticket, declare it invalid and issue a duplicate ticket if the passenger presented a damaged flight coupon. In the event that the Passenger has been denied transportation or further transportation for reasons provided for in Paragraph 2 of this Section, the Airline may inform the Passenger in writing that such a Passenger will be denied transportation on the flights of the Airline in future.
5. The Passenger who has been denied transportation or further transportation for reasons specified in Paragraph 1 of this Section shall be entitled for voluntarily repayment of the amounts paid by such a Passenger in accordance with Section XVIII, Chapter 2, Paragraph 1 and 2.
6. The Passenger who has been denied transportation or further transportation for reasons specified in Paragraph 2 of this Section shall be entitled for mandatorily repayment of the amounts paid by such a Passenger in accordance with Section XVIII, Chapter 2, Paragraph 3.
7. In case of unreasonable delay of Passenger, associated with the passage of control to ensure the safety of civil aviation, the Airline on Passenger’s demand must ensure his departure on the next flight or reimburse the full cost of the ticket, or the unused part of it.
XI. BAGGAGE
Chapter 1. Requirements to baggage
1. Baggage of the passenger shall be accepted for air transportation during its registration in the airport of departure, transfer, stopover, or another point of registration determined by the Airline.
2. Belongings of the passenger depending on their size, weight and features can be transported as checked or unchecked baggage (cabin baggage).
3. As checked baggage can be transported piece of baggage weighing no more than 32kg. The sum of the three dimensions of separate piece of baggage (length, width, height) must not exceed 158 cm.
Excess baggage, oversized baggage and baggage of more than 32 kg are accepted for air transportation only with the consent of the air carrier and in the presence of a free space on board an aircraft for transportation, as well as on Passenger’s payment of the transportation of such baggage, except when the carriage of such baggage is already pre-agreed with air carrier and paid.
Baggage that does not meet these requirements must be cleared by the Passenger for air transportation as a cargo.
4. Information on the maximum amount and weight of luggage that the airline accept for transportation without payment is included in the rules for the application of fares and is specified in these rules by the airline and the contract of transportation provided to the passenger.
5. Information regarding the payment of air transportation of excess baggage shall be provided by the airline, its sales agent and / or the service agent during the booking of air transportation or during passenger and baggage registration.
6. Payment for air transportation of excess baggage shall be made in accordance with the tariff established by the rules of the airline, which is valid on the day of ordering the various orders or receipts for payment of excess baggage and on the date of departure indicated on the ticket. Such payment may be made in advance with the agreement of the airline at the moment of ticket issuing or at the airport at check-in.
In case of non-payment by the passenger of the relevant fares and fees, the air carrier has the right to refuse the air transportation of excess baggage.
7. In the event that the passenger’s baggage is actually checked-in for air transportation in the amount less than paid by the passenger in advance, the airline is obliged to refund the passenger the difference between the amount paid and the cost of air transportation of the actual amount of baggage.
In the event that the passenger’s baggage is actually checked-in for air transportation in the amount more than paid by the passenger in advance, the passenger must pay extra for the transportation of the actual amount of baggage.
8. In case of an overload of the aircraft or in the absence of free tonnage, the airline having informed the passenger shall have the right to carry his/her baggage by the next flight or the flight of another carrier as soon as possible.
The airline shall decide by itself which baggage will be carried by the next flight or the flight of another carrier.
9. The maximum weight and quantity of baggage accepted for free carriage shall be determined by the rules of the fare applicable and shall be specified in the air carriage contract.
10. The airline is obliged to take measures for the transportation of passenger and his/her checked baggage on the same aircraft and especially if the current law requires presence of the passenger during baggage custom procedures.
In the event of transportation of checked baggage by another aircraft, the airline is obliged to take measures to deliver the baggage of the passenger to the airport of destination in the shortest period of time according to the address provided by the passenger in the Property Irregularity Report (PIR), or to compensate to the passenger his/her transportation costs associated with delivery of such baggage according to the rules of the Airline.
11. Baggage checking at the option of the airline shall be made according to the baggage weight concept, i.e. a combination of characteristics of weight and dimensions
12. The airline is responsible for the storage of the baggage from the moment of its check-in for the air transportation and until the issuance to the passenger.
The acceptance of baggage by the airline for air transportation is confirmed by the tear-off stub of a baggage identification tag issued to the passenger and a baggage receipt regarding the number and weight of seats accepted for air transportation. Upon transfer of baggage under the responsibility of the airline and until its issue, access of the passenger to the checked baggage is prohibited, except for cases of its identification or further inspection by the relevant competent services.
Chapter 2. Norms of free baggage transportation
Passengers are entitled to transportation of baggage at no additional charge within the rules established by the airline.
1. Regardless of the rules governing the fare at which the ticket is purchased, the passenger is entitled to carry over free baggage allowance the things which he keeps with him and do not put to the baggage, including ladies and men's bags, paper folder, outerwear, jacket, umbrella or walking stick, printed editions to read during the flight, food for children that is necessary during the flight, children's baby buggy (if a baby under 1 year old), children walking pram and transformed wheelchair and/or crutches.
The total weight of unchecked baggage (cabin baggage), with the exception of the wheelchair, is 7 kg.
For all Passengers of SKYLINE EXPRESS Airlines LLC, except for children under two years, being transportation at the cost of 10% of the adult ticket, the following norms of free transportation of checked baggage are established:
- economy class (long-haul flights over 6 hours of flight) - 15 kg, with dimensions of each piece (the sum of three dimensions) not exceeding 158 cm, not including cabin baggage;
- economy class (medium-haul flights up to 6 hours of flight) - 20 kg, with dimensions of each piece (the sum of three dimensions) not exceeding 158 cm, not including cabin baggage;
- premium or comfort (economy) class - 30 kg, with dimensions of each piece (the sum of three dimensions) not exceeding 158 cm, not including cabin baggage;
- business class - 40 kg (subject to the weight requirements of one of the luggage places in accordance with Clause 3, Chapter 1, Section XI of these Regulations), with dimensions of each piece (the sum of three dimensions) not exceeding 158 cm, not including cabin baggage;
- service passengers - norms of free checked baggage allowance depends of the class of service in which the passenger is traveling;
- for children under two years not occupying a separate seat, free baggage transportation is limited to 10 kg (22 pounds), with dimensions of each piece (the sum of three dimensions) not exceeding 115 cm (45 inches) under piece and weight concept. To children aged more than 2, the same rules as to adults shall apply.
2. The Airline has the right to expand the list and the total weight of the items that can be carried over free baggage allowance.
3. Regardless of the rules for applying the fare at which the ticket is purchased, the airline may charge additionally for transportation of:
- belongings of Passengers regardless of their name, which size and weight do not meet those set out in these Rules;
- not packed according to the requirements of the chapter;
- belongings of Passengers not packaged in accordance with the requirements of Chapter 5 of this Section, regardless of their name and destination;
- belongings of Passengers that are not placed in suitcases, bags, boxes, regardless of their denomination and designation, with one piece weight exceeding 23 kg;
- household and tele-, video-, phototechnics, with one piece weight exceeding 10 kg;
- flowers, plants, edible herbs, dried plants, branches of trees and bushes with the total weight exceeding 5 kg;
- correspondence accompanied by couriers;
- animals (domestic or wild), birds, bees and other animals, except for eye-seeing dogs accompanying passengers with disabilities or reduced mobility..
4. The airline has the right to expand the list of things that are not covered by the free baggage allowance, which may be subject to an additional charge, regardless of the fare rules. The items not covered by the norms of free baggage transportation include items not put into suitcases, traveling bags, boxes, etc., which size in the sum of three dimensions constitutes 158 cm, such as:
- sports equipment;
- - bicycles, scooters (roller skates), except children's three-wheeled vehicles;
- musical instruments.
5. If it is necessary to use an extra seat for the carriage of baggage in the passenger cabin it is issued by a separate passenger ticket at the rate according to the booking class or one ticket at a rate equal to the amount of fares for each reserved place. You can find out about the size of these tariffs by calling to the Airline (telephone numbers are available on the airline's website) or the sales agent of the Airline, or on the airline's website http://www. skylineexpress.aero/. When using an additional seat for baggage in the passenger cabin, baggage weight must not exceed 70 kg.
Chapter 3. Declared value of baggage
1. The passenger shall be entitled to declare the value of his/her checked baggage.
2. The value of the checked baggage shall be declared for each piece of baggage separately. If declaring value of baggage, the passenger shall pay the fixed amount established by the Airline’s fare, the amount of fare may be found out by ticket sales agent of Airline or by calling to the Airline (telephone numbers are available on the Airline's website http://www/skylineexpress.aero./).
3. To confirm payment for declared value baggage air transportation, the Airline or its authorized sales agent shall issue an order of various charges and a receipt for payment of excessive baggage indicating points, between which the passenger has requested transportation of baggage with declared value.
4. Conditions of acceptance for transportation of baggage with declared value and the cost of such services shall be established by the Airline. More information can be obtained by the passenger from a representative of the Airline. In the event of such baggage loss, the amount of compensation is limited by its declared value.
The Airline does not provide Passengers with baggage appraisal services.
Chapter 4. Group transportation of baggage
1. At the request of Passengers traveling in a group or members of the same family, the airline is obliged to unify their baggage.
2. Unification of baggage pieces applies only to the free baggage transportation norm. Baggage is registered for each passenger separately. Unification of baggage pieces of a group of Passengers or members of the same family applies only to the united free baggage transportation norm of each passenger. Group baggage upon the consent of the passenger is registered for one person authorized by all Passengers, who is a member of these Passengers’ group or family. At the same time, in transportation documents of each passenger the number of pieces and the weight of his/her baggage shall be indicated.
Chapter 5. Requirements to baggage packing
1. The Passenger must ensure that each piece of baggage is properly packed, ensuring its safety during air transportation and handling and preventing from injuring Passengers, crew members, third parties, the aircraft, baggage of other Passengers or other property, and excluding free/random outsiders access to the content of the baggage.
Baggage not meeting the requirements of this paragraph is not accepted for air transportation. Good condition and proper packing of baggage are determined by the Airline.
2. Baggage having external damage which do not affect its integrity during air transportation and handling and cannot cause damage to Passengers, crew members, third parties, the aircraft, baggage of other Passengers or other property may be accepted for transportation as checked baggage upon consent of the Airline. In this case, the presence and type of damage caused to baggage shall be stated in the baggage check (tag “Limited Release” – transportation with limited liability) certified by a passenger.
The Airline shall be entitled to request from the passenger an additional packing of the baggage.
Chapter 6. Restrictions on the acceptance for transportation items as baggage
1. Items that are prohibited to be included into the baggage:
- goods, items, liquid and other substances that can create significant health risks to Passengers, flight safety or property of the Airline or other Passengers during transportation, including explosives, compressed gases, materials that cause corrosion, oxidants, radioactive materials, magnets, flammable materials, poisonous, noxious or irritating substances, as well as any other items and substances that are defined in the Technical Instructions for the Safe Transportation of Dangerous Goods by Air (Doc 9284) and resolution of the Cabinet of Ministers of Ukraine dated May 12, 2007 No. 723 “On approval of the list of dangerous objects and substances prohibited for carriage by air” as prohibited for carriage on passenger aircraft. as items forbidden for transportation by a passenger aircraft;
2. Items that should not be included into the checked baggage:
- brittle, fragile and perishable items, money, keys, jewelry, electronic equipment, photo, video equipment, precious and semi-precious metals and stones, glasses, antiques, works of art, photography, fur, technical documentation, business documents, securities, valuables, medicines, medical records, identification documents;
- goods and items, medicines, transportation of which is prohibited or limited by governing laws of any country, from/to/through the territory of which the flight is made;
- goods which are not suitable for transportation due to their nature, weight, size, shape, or smell;
- live animals and birds, except as set forth in Chapter 2 of Section XII of these Regulations.
In the event that these items are placed into the checked baggage, the Airline is not responsible for their safety.
3 . Items that are recommended to carry in the cabin baggage: brittle, fragile and perishable items, electronic equipment (photo, video, computer technics, media), software, money, keys, jewelry (precious and semi-precious metals and stones), glasses, antiques, works of art, photographs, fur products, technical documentation, business documents, securities, medicines in the required amount for the duration of the trip, medical records, passports and other identification documents, unique or irreplaceable items and other valuables.
4. Items that may be accepted for transportation as checked baggage upon the carrier's prior consent: firearms (including combat, hunting, sports), pneumatic, gas weapons, pistols and revolvers designed to shoot cartridges equipped with rubber or similar bullets, melee weapons of all kinds and structurally similar articles, ammunition and spare parts for weapons, as well as training, emasculated, museum, souvenir, collectible and pistol weapons, whether in the physical or legal form persons with the appropriate permit to store, carry and transport them, rifles and pistols for spearfishing.
Items and substances prohibited for carriage by passengers and crew members of civil aircraft are determined by the Aviation Rules of Ukraine "Instruction on the organization and implementation of security control at airports of Ukraine", approved by the order of the State Aviation Service of Ukraine from March 15, 2019 N 322, registered in Ministry of Justice of Ukraine on June 7, 2019 under N 594/33565 as those that are prohibited for carriage on passenger aircraft.
5. Passengers are entitled to include in his checked baggage household items, alcoholic beverages, non-radioactive items medical supplies and things for toiletries and necessities, including aerosol containers of medical supplies and other items and substances allowed to be carried in limited quantities according to Technical Instructions for the Safe Transportation of Dangerous Goods by Air (Doc 9284) and amount that permitted by the relevant regulatory authorities.
Chapter 7. The right to refuse acceptance of baggage transportation
1. Checked baggage of a passenger who does not show up to board the aircraft is subject to mandatory unloading from the aircraft.
2. Airline is entitled to refuse to accept baggage as checked, if it is not properly packed in suitcases with locks or other suitable containers to ensure safe transportation of baggage and its handling with using conventional means of handling.
3. Airline is entitled to refuse transportation or further transportation of items as baggage specified in Paragraphs 1-3 of Chapter 6 of this Section, if based on relevant documents it will be found out that such items contain any prohibited materials or items.
Airlines is not responsible for goods or items which it refused to accept for transportation as baggage.
4. By wish of passenger, Airline can transport items specified in paragraphs 1, 2 of section 6 of this chapter as unaccompanied baggage (cargo), subject to the requirements of chapter 9 of this section.
Chapter 8. Right of inspection
1. In order to ensure flight safety and tracking of items specified in Paragraph 1 and 2 of Chapter 6 of this Section, the Airline shall be entitled to ask the passenger to pass security control that is carried out by aviation security of Airline, airport, and provide baggage for inspection, and is entitled to inspect or arrange inspection of baggage in the absence the passenger.
If the Passenger refuses to provide baggage for inspection, the Airline has the right to refuse to carry such Passenger and/or baggage.
2. The Airline shall not be responsible for damage caused to the passenger or his/her baggage during inspection or other types of security control of items prohibited for transportation except for the cases of negligence on the part of the Airline.
3. The Airline or its service agent ensures the identification procedure of checked baggage of passengers who have not boarded the aircraft or left it before departure.
Chapter 9. Unaccompanied baggage
1. At the request of the passenger and with the consent of Airline, baggage can be checked as unaccompanied baggage
2. Unaccompanied baggage is accepted for air transportation between the same points between which the passenger travels, according to the ticket and only after customs clearance of baggage by the Passenger himself.
3. Air transportation of unaccompanied baggage is arranged by issued air waybill, in accordance with regulations for transportation of cargo approved by the Airline and is paid according to the tariffs for the carriage of cargo, established by Airline.
Chapter 10. Cabin baggage
1. Items with weight and dimensions established by the Airline’s regulations which allow placing them safely in the cabin of the aircraft on baggage shelves or under the seat, are accepted as cabin baggage. Placing of cabin baggage and items allowed for transportation in the aisles of an aircraft cabin is prohibited
2. Items that do not comply with the Airline’s requirements to cabin baggage or which are not allowed for transportation in the passenger cabin of an aircraft shall be considered and handled as checked baggage.
3. Cabin baggage shall contain no cutting and piercing items including manicure scissors and files, medical injection needles, knitting needles, metal knives, corkscrews, items, gadgets and toys that imitate weapons, lighters in the form of pistols and other weapons, as well as items with blunt ends that can cause injury.
The airports of Ukraine have requirements for the carriage of items in hand luggage in accordance with the Aviation Rules of Ukraine "Instructions for the organization and implementation of security control at airports of Ukraine", approved by the State Aviation Service of Ukraine from March 15, 2019 N 322, registered in the Ministry of Justice of Ukraine June 07, 2019 under N 594/33565 as those that are prohibited for carriage on passenger aircraft.
At airports outside Ukraine, there are requirements for the carriage of items in hand luggage in accordance with the laws of the country of departure.
It is also prohibited to bring on board the aircraft any liquids, suspensions, creams, pastes with capacity of more than 100 ml (g) in one bottle (tube) as cabin baggage. The total volume of such substances in cabin baggage packed in containers of up to 100 ml (g) shall not exceed 1 liter (kg) per a passenger. If fluid, aerosol and gel testing equipment is used, their volume for air transportation is not limited.
Items and substances that forbidden for transportation in the cabin, but allowed to transportation in baggage are determined by Aviation Regulations of Ukraine.
4. Passenger is responsible for hand luggage during all transportation.
5. Weight limit of cabin baggage for Passengers of all classes is 7 kg. The maximum size of cabin baggage shall be 55x40x20 cm. The cabin baggage should make one baggage piece.
XII. TRANSPORTATION OF SPECIFIC BAGGAGE CATEGORIES
Chapter 1. Baggage transportation in the aircraft cabin
1. The Airline shall have the right to accept for air transportation in the cabin of an aircraft the items specified in paragraph 2 of Chapter 6 of Section XI of these Regulations and which require special precautions for air transportation or special handling conditions.
Upon consent of the Airline, baggage (belongings) of the passenger requiring special precautions during transportation or special conditions of treatment may be carried in the aircraft cabin (brittle, fragile items and breakable items and perishable cine and picture cameras, television, radio, video, sample equipment, musical instruments, electronic and optical devices, etc.).
2. Things that the passenger considers to be unsuitable for transportation in the cargo compartment of the aircraft shall be accepted for transportation in the cabin only upon prior arrangement with the Airline and and subject to the requirements of these regulations.
Transportation of such items is paid by the passenger in accordance with rules established by the Airline and depending on the amount of seats required for its transportation.
3. Weight of one non-standard piece of baggage carried in the cabin of the aircraft should not exceed 70 kg and its dimensions should allow placing it on a separate (individual) passenger seat. Packaging of baggage carried in the cabin of the aircraft shall ensure its proper fixing on the passenger seat (seats) and meet sanitary standards.
4. Delivery to the aircraft of the baggage which shall be transported in the cabin of the aircraft, its loading, placement in the cabin of the aircraft, unloading and transportation at the territory of the airport terminals shall be made under the responsibility of the Passenger and by his/her previous order and with payment for these services to the corresponding airport bodies.
Chapter 2. Transportation of animals (birds)
1. Air transportation of dogs, cats, birds and other domestic animals should be subject to obtaining a permit of the Airline when booking air transportation.
Animals accepted for air transportation should be properly placed in containers/cages and have a valid certificate of vaccination and health reports, as well as permits for the importation into the country of destination or transit. Animals should be clean, neat and have no odor.
The Airline shall have a right to determine the way of transportation and to limit the number of animals allowed to be carried on the same flight.
2. Air transportation of animals taken as checked baggage together with a container and food should be paid as an additional service at the appropriate fare established by the Airline. More information can be obtained from representatives of the Airline.
3. Service dogs (seeing-eye dogs) helping state bodies officials, rescue teams shall be transported free of charge together with containers and their special food. Such transportation must be agreed with the Airline in advance.
4. In the passenger cabin of AC is permitted to transport:
- service dogs accompanied by cynologist;
- service animals, including guide dogs for blind or deaf Passengers provided that the animal have a dog collar and muzzle. Service dogs, guide dogs should be at the feet of the passenger/cynologist. Seats for Passengers with guide dogs are provided at the end of the cabin;
- small animals, whose weight together with the means of transportation does not exceed 8 kg. Bird cages must be covered with a dense lightproof material.
The passenger is responsible for the animal being transported in the passenger cabin.
5. Animals whose mass together with means of transportation more than 8 kg, are transported only in baggage and cargo compartments of aircraft (except guide dogs and service dogs).
6. In the event of animal transportation, the passenger is solely responsible for the animal and for providing the necessary documents (certificates, permits, statements, etc.), as required by the governing laws and regulations. The Airline is not responsible for injury, loss, delay, illness or death of such animals in the event of refusal to import them into the country of destination or transit, unless such damage is caused due to negligence of the Airline.
7. If a Passenger fails to comply with Paragraphs 1 – 6 of this Section, the Airline shall be entitled to make a decision at its own discretion on transportation or denial the transportation of animals (birds) during check-in of the Passenger.
8. Transfer transportation of live animals is subject to the rules of that country of departure/transfer/arrival in which the requirements for air transportation of animals are the most severe.
9. Live pets are accepted to transportation in the passenger compartment only when accompanied by adult Passengers.
10. On regular flights of the Airline, it is permitted to transport not more than one container with pets in each passenger compartment of an aircraft.
11. On charter flights, it is permitted to transport not more than 2 containers with pets in each passenger compartment of an aircraft.
12. The sum of three dimensions of a container for pet’s transportation in the passenger compartment of an aircraft shall not exceed 30х50х40 cm.
13. During air transportation, a container with live animals shall be placed under the seat in front of the Passenger.
14. It is prohibited to give seats near the kitchen and toilet to Passengers carrying live animals in the cabin of AC.
15. Small pets, such as dogs, cats, rabbits, and so on may be accepted for transportation in the cargo compartment of an aircraft. The number of animals per container is established pursuant to the requirements provided in TIM/TIMATIC for the country of destination and ІАТА recommendations. At that, the total weight of such animals together with a container shall not exceed 32 kg.
16. Per a passenger, one container with a live animal or animals can be accepted for transportation in the baggage compartment of an aircraft.
17. Dimensions of the container for transportation of live animals in the baggage compartment of an aircraft shall be sufficient for the animal to lay, stand, turn, but not exceed the container dimensions permitted for the type of the aircraft performing the flight.
Chapter 3. Items and substances accepted to transportation in limited quantity
1. If the country, from, to or through which territory transportation is performed has no prohibition, it shall be allowed to transport in limited quantity and upon the permission of the Airline, the following dangerous items as baggage:
- dry ice for freezing perishable products in the quantity of max 2.5 kg in a package letting out the gas produced with a marking “Dry ice” or “Solid carbon dioxin” (as cabin baggage or checked baggage);
- small oxygen or oxygen gas bombs necessary for individual use for medical purposes with gross weight of not more than 5 kg (as cabin baggage or checked baggage);
- wheel chair for transportation of patients or movable devices for individual use powered by accumulator batteries, fitted with a leakproof battery (provided that the battery post is protected from short circuits and the battery is effectively fixed to the wheel chair or movable device) or a leaking battery (as checked baggage);
- mercury barometer or thermometer transported by a representative of the government weather bureau or similar official authority (as cabin baggage);
- gas cylinder containing non-inflammable gas installed in the self-inflating life-vest and containing not more than two small cylinders with carbon dioxide plus maximum two reserve fills to it per a passenger (as cabin baggage or checked baggage);
- product producing heat, such as underwater lamps and soldering equipment for individual use (as cabin baggage).
- 100 to 160 W/h lithium-ion batteries used for household electronic devices with not more than two spare elements that are individually protected against short circuit (as cabin baggage);
- aerosols consisting of non-inflammable and non-toxic substances and used in domestic and sporting purposes (as checked baggage).
2. If the country, from, to or through which territory transportation is performed has no prohibition, it shall be to transport in limited quantity and without the permission of the Airline the following dangerous items as baggage:
- spirits from 24 to 70% alcohol – max 5 liters per a passenger; maximum volume of a single package – 5 liters;
- non-radioactive pharmaceuticals (alcohol-based drugs) or toiletries (hair spray, perfumes) shall be accepted for transportation as checked baggage providing that their total weight does not exceed 2 kg (2 l), and the weight of each package does not exceed 0.5 kg (0.5 l);
- curling irons containing carbohydrate with effective heating spiral cover without a reserve cylinder, for individual use – maximum 1 curling iron per a passenger (as cabin baggage or checked baggage);
- matches or lighter without a reserve block not powered by liquefied gas for individual use (in one’s possession);
- energy saving lamp in an appropriate package (as cabin baggage or checked baggage);
- household electronic devices, including lithium-ion cells or batteries for personal use (as cabin baggage or checked baggage) and spare lithium/lithium-ion cells or batteries (as cabin baggage);
- non-flammable portable cylinders with carbon dioxide to bring into operation artificial limbs and portable spare cylinders, if required to ensure the necessary supplies during transportation (cabin baggage or checked baggage);
- fuel cells and spare cartridges used for portable electronic devices (cabin baggage);
- cardiostimulators which contain radioisotopic substances or other devices powered by lithium batteries, implanted inside the body, or radioactive pharmaceuticals contained in the body as a result of medical treatment (carry);
- small medical mercury thermometer in a safe packing for individual use – 1 per a Passenger (as cabin baggage or checked baggage).
Chapter 4. Transportation of dangerous piercing and cutting items
Conditions of dangerous items transportation
1. For securing proper level of aviation safety, all items threatening safety of flights shall be forbidden for transportation in passenger compartments of an aircraft as unchecked baggage of Passengers and crew members.
2. Cabin baggage may not include dangerous piercing and cutting items, metal cutlery, tools, sports equipment, syringes, including disposable ones (Passengers who require injections during the flight shall provide a respective medical certificate), manicure equipment, items which are a realistic imitation of weapons, other items, generally not carried by Passengers (bicycle chains, batons, etc.).
3. All piercing and cutting items shall be packed and put into the baggage, which is carried separately from Passengers after check-in in the baggage compartment of an aircraft (checked baggage).
4. All piercing and cutting items, and similar things, found at the time of check of cabin baggage and personal inspection of the Passenger shall be withdrawn for safety reasons. The Airline shall not be responsible, and shall not reimburse the Passenger for any losses caused by damage or loss of such items, unless they were registered as checked baggage or transported in special envelopes.
Chapter 5. Transportation of weapons and ammunition
Airline does not carry out transportation of arms and ammunition belonging to individuals.
Chapter 6. Diplomatic baggage
1. Diplomatic baggage shall be handled as regular one only to the extent of weight, tagging and payment.
2. Diplomatic baggage is paid for as excess baggage, irrespective of the weight of personal baggage of the diplomatic courier.
3. Any transfer of diplomatic baggage shall be agreed with the diplomatic courier.
4. Diplomatic bags with weight of up to 20kg and dimensions not exceeding 30х40х40cm should be transported under the seat of the courier or under the seat located in front.
5. Diplomatic bags with weight of up to 70 kg upon the proper payment may be transported on a separate Passenger seat/seats.
6. If diplomatic baggage blocks the access to a seat or seats, it is considered that such a seat or seats are also occupied with the diplomatic mail.
7. Unaccompanied diplomatic mail may be handed over to an authorized person only, who will provide written documents proving the right to receive it.
8. Personal belongings of Passengers with a diplomatic passport are not considered to be diplomatic baggage and shall be checked as regular baggage.
XIII. SCHEDULE
1. Regular flights are made according to the schedule compiled by the Airline and published in the ABS/GDS systems and on the website of the Airline http://www. skylineexpress.aero /. Tthe Airline may issue a promotional flight schedule.
The Airline which publishes data in the ABS/GDS system shall ensure that the information placed or provided for placement in other automated systems is accurate, correct and complete.
2. The Airline shall not be responsible for any errors or omissions in schedules or other published data on flights of other Airlines.
3. Handling agent and / or operators of airports have the right to publish the combined schedules of all airlines flying from / to airport.
4. Time of a flight departure and type of the aircraft listed in the schedule or in other published data on flights of the airline shall not be guaranteed and be a condition of a transportation contract. The airline shall have the right to change the departure time of the flight, whereof the passenger shall be promptly informed.
5. The Airline shall have the right to change the aircraft type without notification of the Passenger.
6. To the extent related to this section, Ground handling entities acting on behalf of the Airline under the concluded contract shall provide Passengers at the airport with visual and/or acoustic information about the following:
- time of departure and landing of the aircraft;
- location, time of beginning and end of check-in for the flight;
- location, time of beginning and end of boarding the aircraft;
- delay or cancellation of a flight and the reasons for delay (cancellation) of the flight.
XIV. FLIGHT DELAY AND CANCELLATION
1. The Airline shall have the right to delay or cancel a flight for commercial reasons and for reasons that do not depend on it.
2. The Airline shall take all necessary measures to avoid delay in transportation of Passengers and baggage.
3. In the event of emergencies, the Airline may delay or cancel the flight without notice to the Passenger or cancel a previously confirmed booking.
In other cases the Airline or its agent shall to warn Passengers of delays or cancellation no later than three hours before check-in.
The Airline must submit information about delay or cancellation to the ASB/GDS no later than 8 hours before departure. Otherwise, the Airline informs the passenger independently about the delay, cancellation of flight or cancellation of the reservation and is responsible for timely informing the passenger.
In case of emergency, the Airline may land at an airport not foreseen by flight schedule. In this case, transportation to the airport where the Passenger was supposed to arrive on the flight indicated on the ticket is carried by the Airline.
4. In the event of a flight delay, the Airline shall independently or through a handling agent (airport operator) inform Passengers by means available at the airport of departure about the estimated time of flight delay and the expected time of departure every 30 minutes.
5. In case of delay within reasonable terms or cancellation of flight by Airline no later than 12 hours after departure delayed flight or a decision on cancellation, shall inform the State Aviation Administration about the causes of the delay (cancellation) of flight and service that was provided to Passengers during the delay or cancellation of flight.
6. In case of issuance of transportation by different tickets and the occurrence of loss of the passenger due to the delay to the transfer point for the continuation of the journey, the issue of compensation of losses by the Airline which delayed the flight shall be considered using the complaint procedure.
XV. RIGHTS OF PASSENGERS IN THE EVENT OF AIR TRANSPORTATION DENIAL, CANCELLATION OR DELAY OF FLIGHTS
Chapter 1. Compensation applying procedure
1. The provisions of this section shall apply to Passengers (of regular and charter flights) who were denied boarding against their will or whose flight was canceled or delayed, provided that the passenger has a confirmed booking for the relevant flight and ,except in the event of cancellation specified in section XIV of these Regulations, is present at the check-in at the time stipulated by the rules of the Airline and specified in writing (including electronic means), or, if the time is not specified, not later than 45 minutes before the departure time, or provided that the Passenger has booked the flight, which has been delayed/postponed by the Airline or charterer of the aircraft (tour operator) to another flight, irrespective of the reasons.
In the event of air transportation denial, cancellation or delay of the flight, regardless of the duration, passengers with disabilities or persons with reduced mobility and accompanying persons and unaccompanied children under this section are entitled to assistance first.
2. The provisions of this section shall not apply to Passengers traveling free of charge or at reduced rates, which are directly or indirectly available to the public, but these provisions shall apply to Passengers who have tickets issued under the Airline’s program for Passengers who fly frequently (loyalty program “Status”).
3. If the Airline pays compensation or provides services under this section, nothing in these regulations shall be construed as limiting the right to seek compensation on a recourse basis from any person, including third parties, in particular, on claims for compensation by a tour operator or another person with which the Airline has signed a contract. Accordingly, no provision hereof shall be construed as limiting the right of a tour operator or a third party, other than Passengers, with which the Airline has signed a contract, to demand reimbursement or compensation from the Airline in accordance with the legislation.
4. The distance specified in this subparagraph shall be measured by the method of ground distance of the route.
5. In the event of a liability to passengers on a flight performed under a codesharing agreement, the actual carrier is responsible for providing the service and payment of the compensation. If the number of passengers with a confirmed reservation exceeds the number of seats available in the block, the airline that has resold provides the provision and payment of compensation.
6. In the event of non-payment of the monetary compensation provided for in this section at the airport where the air transportation has been denied or the flight canceled, the compensation provided for in this section shall be paid upon the passenger's written request. The Airline must respond within the time limits stipulated by the Law of Ukraine "On Citizens' Appeals".
Chapter 2. Compensation to Passengers in case of denied boarding
1. If the Airline reasonably expects to deny boarding to Passengers of the flight, it shall first find volunteers ready to give up their confirmed booking in exchange for remuneration agreed between the passenger who voluntarily waives the boarding to the flight and the Airline.
2. In addition to remuneration, the Airline shall offer to Passengers a choice of:
reimbursement of transportation cost within seven days, which shall be paid in cash, electronic bank transfer, bank order or bank check, or, subject to consent of the passenger certified in writing - in the form of traveler's checks and/or other services, the full cost of the ticket, at which it was purchased, for the unused part of the ticket, and for the used part or parts of the ticket, if the flight no longer serves any purpose preliminarily scheduled by the passenger, and ensure a return flight to the initial point of departure at the earliest opportunity, if required;
re-routing to be implemented under the relevant transportation conditions: to the final destination - at the earliest opportunity, or to the final point - at a later time upon request of the passenger and subject to availability of free seats.
3. Transportation of the passenger from the airport where there was a denial of boarding to the airport offered by the Airline to start the proposed alternative route, and from the airport of alternative boarding to the airport, where the passenger had to arrive with a flight, to which he/she was denied boarding, shall be made at the expense of the Airline.
4. If Passengers ready to voluntarily give up their trip with that flight are absent or their quantity is insufficient, the Airline may refuse transportation to a passenger against his/her will.
5. If Passengers are denied boarding against their will, the carrier shall give them compensation in the following amounts:
EUR 250 - for flights of 1,500 km or less;
EUR 400 - for flights over 1,500 to 3,500 km;
EUR 600 - for flights over 3,500 km.
When determining the distance, the basis shall be the last point, in which the denial of boarding or flight, which was previously planned and for which at least one seat was booked, will create a delay in Passengers’ arrival at the scheduled time.
6. The Airline may reduce the compensation referred to in Paragraph 5 of this Chapter by 50%, if the Passenger is offered replacement of the route to the destination with alternative flights with the arrival time not exceeding the scheduled time by:
two hours – for flights less of 1,500 km or less, or
three hours - for flights of over 1,500 to 3,500 km,
four hours - for all other flights not listed in the first and second subparagraphs of this paragraph.
7. Payment of compensation shall not release the Airline from the obligation to offer to Passengers the choice of the same services and reimbursement of expenses referred to in Paragraph 2 of this Chapter and Paragraph 5 of Chapter 3 of this Section.
Chapter 3. Compensation to Passengers in case of flight cancellation
1. In case of flight cancellation, Passengers shall be offered services under Paragraph 2 of Chapter 2 of this Section and compensation under Paragraphs 5 and 6 of Chapter 2 of this Section. Passengers shall be entitled to compensation, if they were not informed of the flight cancellation:
two weeks before the scheduled time of departure;
within the period of not more than two weeks and not less than seven days before the scheduled time of departure, and if they were not offered re-routing allowing to depart at least two hours before the scheduled departure time and to arrive at the final destination not later than four hours after the scheduled time of arrival; or
less than seven days before the scheduled time of departure, and if they were not offered re-routing allowing to depart at least an hour before the scheduled departure time and to arrive at the final destination not later than two hours after the scheduled time of arrival.
2. When canceling or delaying flights, the Airline shall provide Passengers upon their request with explanations on the reasons for flight cancellation or delay. In case of any need to ensure timely transfer of transfer Passengers to connecting flights, the Airline shall at the earliest opportunity offer them alternative routes of transportation.
3. The Airlines is not obliged to pay compensation in accordance with Paragraphs 5 and 6 of Chapter 2 of this Section, if it can provide evidence that the cancellation was caused by extraordinary circumstances, which could not be prevented, even subject to taking all reasonable measures.
4. The burden of proof of the facts of informing Passengers of the terms and conditions of carriage, the procedure of booking seats on flights, fares, charges (fees), schedule and timing of flights shall be borne by the Airline, its sales agent, tour operator etc. at the place of making an air transportation contract.
5. In the event of flight cancellation by the Airline and continuation of the trip by a passenger with another flight (flights) or along another route, the passenger should be offered free of charge and provided with:
• meals and refreshments in reasonable relation to the time of waiting for a new flight;
• hotel accommodation in cases where Passengers have to wait for their trip over one or more nights, or if the additional time of waiting is more than expected;
• airport - hotel - airport land transfer;
• two phone calls, or telex, fax message or e-mail, if it is technically possible in the airport.
6. The Airline should pay particular attention to the needs of Passengers with disabilities or with limited mobility and persons accompanying them, as well as the needs of unaccompanied minors.
Chapter 4. Servicing of Passengers in case of flight delay
1. The Airline shall provide Passengers with food and refreshments according to the established norms and an opportunity to make two free phone calls or send a telex, fax message or e-mail, if it is technically possible in the airport, in case of flight delay for a period of:
- two hours or more of the scheduled time of departure for flights of 1,500 km or less;
- three hours or more of the scheduled departure time for flights of over 1,500 to 3,500 km;
- four hours or more of the scheduled departure time for all other flights not listed in the first and second subparagraphs of this paragraph.
2. If the delayed flight is delayed for another day after the scheduled day specified in the ticket, the Airline shall provide Passengers with hotel rooms, meals and provide airport - hotel - airport transfer.
3. If the flight is delayed for more than five hours, Passengers shall be offered service in accordance with the second subparagraph of Paragraph 2 of Chapter 2 of this Section.
Chapter 5. Compensation for Passengers for changing the service class
1. The Airline may not demand any additional payment, if the passenger is placed in a class higher than that mentioned in his/her ticket.
2. If the Airline places a passenger in a class lower than that indicated in his/her ticket, it shall (within seven days) compensate to the passenger:
30% of the applicable fare for all flights of 1,500 kilometers or less,
50% of the applicable fare for all flights of over 1,500 to 3,500 kilometers,
75% of the applicable fare for all other flights not listed in the first and second subparagraphs of this Paragraph.
3. Compensation for placing a passenger in a class lower than that indicated in his/her ticket shall be calculated for the segment, in which the service class was lowered, using the method of pro-rata distribution.
XVI. COMPENSATION FOR DELAY IN TRANSPORTATION OF BAGGAGE
1. Compensation for delay in baggage transportation shall be determined based on the need to provide the passenger with items of immediate need. In any case, such compensation shall be limited to USD 50 (or its equivalent in another currency).
2. Compensation shall be offered to the passenger in the event of non-arrival of the baggage to the point of destination together with the passenger, unless the point of destination is the place of residence of the Passenger.
XVII. DUTIES OF THE AIRLINE ON INFORMING PASSENGERS ON THEIR RIGHTS
1. The Airline at the check-in must ensure Passengers of clear visible and legible information as: "If you are denied boarding or your flight is canceled or delayed for at least two hours, ask at the front desk or at the boarding gate written notice which indicates your rights, particularly with regard to compensation and assistance ".
2. Airline which refuse to transport or cancels the flight shall provide to each passenger which concerned a written notice, which sets out rules of compensation and assistance for Passengers. The Airline has to provide the same notification for passenger which flight is delayed for at least two hours. Contact information for sending inquiries regarding rights violations Passengers for compensation or assistance should also be provided in writing.
3. In order to inform deaf and persons with reduced eyesight and other essential disabilities that complicate or prevent their review of the visual or audio information, at airport departure / arrival should be used to inform appropriate alternative means.
XVIII. REIMBURSEMENT
Chapter 1. General procedure of reimbursement
1. Reimbursement for an unused ticket (a part thereof) shall be made at the place of the ticket purchase or in the main office of the Airline (the transportation sale office of the Airline) and in the currency the ticket was paid for.
In the territory of Ukraine, reimbursement by the Airline shall be made in the national currency of Ukraine. Reimbursement in the representative offices of the Airline shall be made in accordance with the effective laws of the country where the representative office is located.
If payment was made by electronic means of funds transfer (bank card), the funds shall be returned to the payment card used to pay for the ticket.
2. The amounts of money to be returned for an unused ticket (a part thereof) shall depend on the applied fare and fare standards of the Airline and the type of transportation denial (voluntary or forced).
3. The reimbursement shall be based on the unused (partially used) transportation document, order of various charges, excessive baggage payment receipt.
4. The reimbursement shall be made:
- to the person mentioned in the ticket - if paying for transportation in cash or by bank transfer;
- to the account of the enterprise, institution, etc. - in the event of payment by bank transfer;
- to the account of the owner of the bank card used to pay for the transportation (in case of termination of the bank's activity the transfer of funds may be made to an account in another bank);
- to the sponsor having paid for transportation - in the event of the ticket issue based on Prepaid Ticket Advice (PTA).
Reimbursement shall be made upon presenting identification documents and document confirming the right to receive the money, defined in section 3 of this chapter.
5. Refund is made by the Airline on the day of cancellation of the contract for air transportation (at present tickets to the cash desk at the place of execution, obtaining information from passenger about the desire to reimbursement for an unused air transportation, that was issued as electronic ticket), and in case of impossibility to refund on the day of cancellation the contract of air transportation - at another term by arrangement sides, but no later than within seven days.
The term of refund is calculated from the day following the receipt of the documents required to complete the refund operation by the Airline or its sales agent.
6. The Airline's Regulations provide for a mandatory written request for refund.
Chapter 2. Reimbursement
1. Forced reimbursement or re-booking without penalty shall be made in the following cases:
- cancellation, postponement, delay of a flight (the air carrier may reduce the delay time specified in paragraph 3 of Chapter 4 of Section XV of these Regulations), for which the Passenger had a booked place and an issued ticket;
- incorrect filling in of transportation documents due to the fault of the Airline or its sales agent;
- replacement of the service class or type of the aircraft;
- inability to provide the Passenger with a seat according to the booking;
- the Airline failure to ensure connection to the flight, which the Passenger had a confirmed booking for and which was mentioned in the same ticket, as the previous flight;
- refusal of transportation due to non-payment by the Passenger of the fare, state fees, taxes or charges (taxes) in case of changes of fares or the rules of their application compared to those in force at the date of departure from the initial airport specified in the ticket;
- the Airline’s applying the right to deny transportation for reasons referred to in paragraph 1 of section X of these Regulations;
- the death of the Passenger or his/her family members, illness of the Passenger or his/her family members traveling with him/her, subject to properly completed supporting documents;
- in other cases of the Passenger’s refusal from transportation or the Airline’s failure to transport the Passenger through the fault of the Airline.
If the Passenger misses a flight, which he/she has a confirmed booking for owing to late arrival of the previous flight, and the transportation is supported with separate transportation documents, rebooking to another flight shall be performed without penalty.
2. In the event of forced reimbursement, the amount to be returned to the Passenger shall equal to:
- the full cost of the ticket at the price it was purchased if no part of the ticket was used;
- the fare for the unused part of transportation in one direction as well as unused state fees, airport charges (taxes) and unused charges (taxes) of the Airline from the place of denied transportation to the point of destination if any part of the ticket was used.
The amounts provided for in this paragraph shall not be counted against the amounts of compensation provided for in Section XV of these Regulations.
3. In the event of voluntary return of funds, i.e. if the Passenger wants to get back the amount paid for the ticket, and such return is allowed by the fare application rules, such amount shall be calculated according to the fare standards of the Airline. In addition, the Passenger shall be compensated the amount of all unused state fees, airport charges (taxes) and charges (taxes) of the Airline.
4. In case of refund of unused ticket or part of it, including compulsory ticket, the payment for the air transportation is not refundable, except for the refund due to the fault of the Airline. There is no charge for a refund operation in the event of a forced refund.
Chapter 3. Right to deny reimbursement
1. The Airline shall be entitled to deny reimbursement (excluding all unused state fees, taxes, airport charges (taxes) and charges (taxes) of the Airline) if:
- the relevant application for refund is made by the Passenger after expiry of the ticket validity term set out in Chapter 4 of Section III of these Regulations, and in other cases provided for by these rules;
- the ticket was purchased at the special fare, and the rules of its use do not provide for reimbursement (in case of purchase of the ticket at such a special fare, the Passenger shall be notified thereof by the Airline or its sales agent at the time of booking, and the ticket shall be respectively marked);
2. In event of loss of ticket, refund carries:
- Airlines - owner the blank of ticket ("carrier under the contract") - if the ticket was issued by the interline agreement;
- Airlines - actual carrier - if the ticket was issued on the blank o the airline that flies.
Refunds can be done if the lost ticket (or part thereof) was not used or changed and it was not reimburse.
From the amount of funds that is returned, the Airline has the right to charge a fee, which is set by Airline for such cases.
3. Funds on duplicate lost tickets, order of various charges, excessive baggage payment receipt shall be returned pursuant to the complaint and/or judicial procedure.
4. Denial to return funds to a Passenger shall not deprive the Passenger of the right to file a claim to the Airline or a suit to court.
XIX. BEHAVIOR DURING THE FLIGHT
1. Behavior of the passenger on board the aircraft shall not endanger or threaten other Passengers, things, the aircraft or its crew. The passenger shall have no right to interfere with the crew during their fulfillment of their official duties, and shall follow instructions of the aircraft Commander and the crew about securing safety of the aircraft flight, safe and comfortable flight of Passengers. The Passenger shall behave in no way to cause protest of other Passengers.
2. With the aim of providing the flight safety, the Airline shall be entitled to prohibit or limit the use of any electronic equipment, mobile telephones, portable computers, portable tape-recorders, portable radio sets, CD players, transmission devices, including toys with radio control, portable radio stations, etc. (except for hearing devices and pacemakers) on board the aircraft.
3. On board the aircraft, the Passenger shall not be intoxicated (whether alcohol intoxication, narcotic intoxication, or intoxication caused by any other substances) that can endanger or constitutes a threat to other Passengers, things, the aircraft or its crew. Drinking of any alcohol beverages on board the aircraft shall be allowed only in the amount offered by the Airline in correspondence to the class of service.
4. Regardless of the flight range, it is forbidden to smoke on board the aircraft.
5. If the Passenger fails to comply with the provisions of Paragraphs 1–4, the Airline shall be entitled to take measures according to the situation and those considered necessary by the Airline for prevention of such actions. Such measures may include:
- limitation of the Passenger’s movement in the compartments of the aircraft;
- deplaning the Passenger;
- refusal to the Passenger’s boarding in any point on the route of transportation;
- transfer of the Passenger to the local governmental law-enforcement agencies for taking the relevant measures of influence.
6. If the Passenger fails to comply with the provisions of this chapter or has otherwise not fulfilling rules established by the Airline, the Airline may refuse further carriage of Passengers.
The Airline, according to the provisions of articles 90, 91 air code of ukraine has the right to support the established order and the measures regarding deter offenders on board the aircraft in accordance withprocedures for the implementation of containment measures which is developed by each Airline.
7. If owing to unauthorized actions of the Passenger the Airline has to take certain measures which caused additional expenses, the Passenger shall be obliged to reimburse such expenses to the Airline under the legislation in effect.
XX. ARRANGEMENTS OF CARRIERS
1. These Regulations cover transportations, which are carried out on the basis of commercial contracts between the Airlines (known as codesharing), transportation based on contract (interline) even if the ticket specifies another Airline than the one which actually performs the transportation. If there is any commercial contract, the Airline (its handling agent) shall provide the Passenger with the information on the Airline being a carrier under the contract, and which actually performs the transportation. At the time of the Passenger’s check-in for the flight, this information shall be provided by the actual Airline or its authorized agent at the airport of departure.
2. If the Passenger concluded the transportation contract for rendering additional paid services, the Airline shall be responsible to the Passenger for failure to render such services limited to the amount paid for such services.
XXI. CONSECUTIVE CARRIERS
1. The Air transportation made by several consecutive carriers (Airlines) shall be deemed common transportation, if from the beginning of the transportation such carriers consider such operation as common transportation and a conjunction ticket has been issued for such transportation.
2. In the event of common air transportation, each Airline, which accepts Passengers and baggage (cargo) for such transportation and provides its services, shall be subject to these Regulations in the part of transportation that it provides.
3. The Airline that issued the ticket, or the first Airline indicated in the ticket (conjunction ticket), shall not bear responsibility for transportation of the Passenger in the segments of transportation made by the other carrier (Airline), including the Passenger or baggage transportation delay in such segments.
4. In the event of destruction, loss, damage or delay in baggage transportation, the Passenger shall be entitled to claim against the first or the last Airline, as well as against the Airline that performed transportation, during which destruction, loss, damage or delay in baggage transportation took place.
5. If it is impossible to define the Airline that performed the transportation, during which destruction, loss, damage or delay in baggage transportation took place, the responsibility shall be borne jointly by the airlines.
XХII. COMBINED TRANSPORTATION
1. The period of air transportation does not include any transportation by land, sea (river) means of transport made outside the airport. However, if such transportation is carried out under the transportation contract for the purpose of boarding, disembarking, loading, delivery, transshipment, then any damage (until otherwise proved) shall be deemed a consequence of the event that took place during the time of air transportation. If (without the Passenger’s consent) the Airline completely or partially substitutes the transportation, which under the parties agreement should be made by air, with transportation by any other means of transport, such transportation by another means of transport shall be deemed transportation performed during the time of air transportation.
2. In the event of combined transportations performed partially by air and partially by any other means of transport, the provisions of these Regulations including Paragraph 1 of this Section shall apply only to air transportation.
3. In the event of combined transportation, any provision of these Regulations shall not prevent the parties from including in the ticket the provisions related to transportation by other means of transport on condition that the provisions of these Regulations apply only to air transportations.
4. Subject to Paragraph 1 of this Section, transportation by other means of transport shall be offered by the Airline only as an agent of such other carrier even if in the ticket such transportation is listed under the code of the Airline.
5. The responsibility of the Airline for any improper Passenger transportation, destruction, loss, damage, delay in transportation of baggage, which occurred during transportation by such other means of transport shall be limited to the amount paid by such a Passenger for transportation.
XXIII. AIR TRANSPORTATION MADE BY A PARTY OTHER THAN THE CARRIER UNDER THE CONTRACT
1. The provisions of this section shall be applied when a person (hereinafter referred to as “the carrier under the contract”) as a major party concludes a contract for transportation with a Passenger or a person acting on behalf of the Passenger, and the other person (referred to as “the actual carrier”) as an authorized carrier under the contract performs the transportation or a part thereof, but is not a successive carrier in respect of such part within the meaning of Section XXI of these Regulations.
2. In the event of transportations referred to in paragraph 1 of this section, the carrier under the contract shall be subject of these Regulations relative to the whole process of transportation, and the actual carrier - only relative to the transportation it performs.
3. The scope of liability of the actual carrier and the carrier under the contract shall be limited to the norms established by the Aviation Regulations.
XXIV. CHARTER TRANSPORTATIONS
1. The Airline operating charter transportations when concluding an agreement with the customer should provide the services and reimbursements provided by the Aviation Regulations.
The Airline conclude the contract for air transportation with each Passenger separately. The issues about compensation of costs associated with delay or refusal of transportation to the Airline should be reflected in the agreement between the Airline and the charterer (block of seats).
Tickets for charter flights are not valid until payment the costs of charter flight to the actual airline.
Reimbursement and confirmation of booking shall be made under the terms of the contract between Airline and the customer of the flight.
2. Tickets for charter flights shall be valid only for transportation on the date and flight specified in the ticket. Depending on availability of seats, the customer of the charter flight can change the date of the flight departure and return of the flight, provided that such changes are agreed by the customer of the flight (tour operator - the carrier under the contract) with the Passenger and the actual Airline.
Tickets for charter flights imply restrictions to (or exclude) the Passenger’s right to change or cancel booking. Tickets for charter flights according to which the tourist trip with all services is paid (return flight, transfers, accommodation, meals) may imply additional conditions and restrictions imposed by the carrier under the contract for the trip, which includes all restrictions.
3. To charter transportation do not apply the provisions referred to in Chapters 4 and 5 of Section III, section IV , V, Chapter 1, 4 of section VI, section XVIII of these Regulations.
XXV. ADMINISTRATIVE FORMALITIES
Chapter 1. Travel documents
1. The Passenger bears responsibility for obtainment of all documents, visas, permits, etc. necessary for the trip as well as for observance of all governing laws of the country of departure, arrival and transit concerning exit, entrance and transit. The Airline shall bear no responsibility to the Passenger in case of the Passenger’s failure to receive such documents or visas, or his/her non-observance of the requirements of the governing laws.
2. At request of the Airline, the Passenger shall present to its authorized persons and representatives of respective governmental authorities all the documents for exit, entrance, transit, regarding health condition and other documents that are requested pursuant to the governing laws, and let the Airline make and keep copies thereof or in any other way store the information about the Passenger contained in the corresponding documents. The Airline shall be entitled to deny transportation to the Passenger failing to observe the governing laws, or whose documents are not drawn up properly.
Chapter 2. Denial of entrance to the country
1. The Airline shall bear no responsibility for the governmental authorities denying the Passenger’s entrance to the country.
2. Upon demand of the Airline or governmental authorities the Passenger is obliged to pay the respective fare for his/her return transportation if he/she is requested to return to the point of departure or other place in connection with denial of the country of destination to admit such a Passenger, no matter whether this country is the country of destination or transit. To pay such transportation, the Airline may use any funds from the sums earlier paid to it by the Passenger for the unperformed transportation that remain at disposal of the Airline, or from any other funds of the Passenger that remain at disposal of the Airline.
3. The Airline shall be entitled not to return the amounts paid by the Passenger for transportation to the place, where the Passenger’s entrance was denied, or a place of deportation.
Chapter 3. Duties of the Passenger
1. If the Airline was forced to pay or deposit any sum or to give financial guarantee in connection with non-observance by the Passenger of the requirements of governing laws, his/her refusal to present documents necessary for the trip, or presenting forged documents or documents that contain invalid information, the Passenger is obliged upon demand of the Airline to reimburse to it the paid or deposited sum and other expenses suffered in connection therewith.
2. For coverage of expenses indicated in paragraph 1, the Airline may use any funds having been earlier paid to it by the Passenger for the unperformed transportation that remain at disposal of the Airline, or from any other funds of the Passenger that remain at disposal of the Airline, or may deny transportation, if the Passenger fails to reimburse losses to the Airline.
Chapter 4. Customs control, aviation safety control, customs control and other types of control
1. During international transportations, Passengers, their checked baggage and cabin baggage shall pass safety control and passport control, and other types of control upon request of customs and other competent authorities.
2. During domestic transportations, Passenger, his/her baggage checked and cabin baggage shall pass safety control and other types of control upon request of other competent authorities.
3. Staff of the airline, airport operators and service agents, who are in direct contact with passengers, should be trained in the prevention of human trafficking. The cabin crew shoud be trained on the prevention of human trafficking, taking into account the instructional material given in the Guidelines for Training Cabin Crew on Identifying and Responding to Trafficking in Persons (Circular 352).
XXVI. DUTIES OF THE AIRLINE AND LIMITS OF COMPENSATION FOR CAUSED DAMAGE
Chapter 1. Compensation in the event of death or bodily injury of Passengers.
Damage of baggage
1. The Airline shall be liable for damages that caused death or bodily injury to a Passenger only on condition that the event which caused the death or injury took place on board the aircraft or during the Passenger’s boarding or deplaning.
2. The Airline shall be responsible for any harm in case of destruction, loss or damage to checked baggage, only if the incident which caused the destruction, loss or damage to the baggage took place on board the aircraft or when the carrier was responsible for the preservation of the checked baggage, but the Airline shall not be liable for damage to baggage due to its defects, its qualities or faults. In respect of unchecked baggage, including personal belongings of a Passenger, the Airline shall be liable, if the damage is caused through its fault or the through the fault of its employees or service agents.
3. If the Airline admits the loss of checked baggage, or if checked baggage has not arrived within 21 days from the date on which it had to arrive, the Passenger may submit claims to the Airline arising out of the terms of the contract for air transportation and these Regulations.
Chapter 2. Compensation by the Airline for damage caused by delay in transportation
1. The Airline is responsible for damage caused by delay in the air transportation of Passengers and luggage, but the Airline is not liable for damage caused by delay, if proves that it and its employees and agents (sales and/or service) take all possible measures to ensure to avoid the damage or that (they) did not have (had) able to take such measures.
2. Liability of Airline for improper transportation in any case limited to actual damages, proved by Passengers but within the limits of liability for damage established by the Aviation Regulations.;
Chapter 3. Release from compensation for caused damage
1. If the Airline proves that the damage was caused or invoked by negligence, wrongful act or omission of the person who requires compensation, or the person from whom the rights are derived, the Airline shall be fully or partly released from liability to the person claiming compensation in the amount, in which such negligence or wrongful act or omission caused or invoked the damage.
2. If a claim for compensation in connection with the death or personal injury suffered by the Passenger is filed by a person other than the Passenger, the Airline shall be also fully or partly released from liability to the extent it can prove that negligence, other wrongful act or omission of the Passenger caused or invoked the damage.
Chapter 4. Compensation in the event of death or bodily injury of Passengers
1. The Airline may not deny or limit its liability for damage that caused death or bodily injury to a Passenger subject to the conditions specified in Paragraph 1 of this Chapter to the amount of SDR 128 821 for each Passenger.
2. The Airline is not responsible for damage that caused death or injury of a Passenger, which exceeds the amount referred to in paragraph 2 of this chapter, under the conditions specified in Paragraph 1 of this Chapter if the Airline can prove that:
- such damage was caused through negligence or other wrongful act or omission of the carrier or its employees, or handling agents; or
- such damage was caused solely by negligence or other wrongful act or omission of a third party.
3. The Airline shall immediately, but in any case not later than within fifteen days after identification of an individual, who is entitled to compensation, make an advance payment that is not less than SDR 16000 (except for light bodily injuries).
4. When executing a ticket, the Airline shall provide a Passenger with written guidelines governing the responsibility of the Airline to the Passenger and for his/her baggage. In addition, the Airline shall provide a Passenger with a written notice of the applicable limits of liability of the Airline in respect of Passengers and baggage.
Chapter 5. Limits of liability for damage caused by delay
1. Responsibility of the Airline for damage caused by delay in transportation of Passengers of any flights shall be limited to SDR 5346 per Passenger.
2. The responsibility of the Airline in case of destruction, loss, damage or delay in transportation of checked baggage is limited to SDR 1288 (the minimum norm of free baggage allowance set by the competent authority for civil aviation) for each Passenger.
3. The Airline shall not be liable for damage caused by delay, if it proves that it and its employees and agents has taken all measures that might be necessary to avoid the damage, or that the Airline or its employees could not take such measures.
4. The provisions mentioned in Paragraph 1, 2 and 3 of this Chapter shall not apply, if it is proved that the damage resulted from acts or omission of the carrier, its employees or service agents, committed with the intent to cause harm or due to criminal negligence and with understanding of the fact that such acts may result in damage, provided that in case of such act or omission of an employee or service agent it is also proved that such employee or agent acted within his/her duties.
XXVII. COMPLAINTS AND CLAIMS
Chapter 1. General provisions concerning the order of claims and lawsuits submission
1. Any claim related to the carrier's liability in respect of any damage caused during transportation may be submitted to the Airline in writing or delivered or sent in accordance with the terms provided for by the Montreal Convention and the effective legislation of Ukraine. The civil aviation authority may only consider passenger’s claims when they are received after the claims have been considered by the Airline in order to determine the compliance of the results of their consideration with these Regulaions.
The claim must be accompanied by all the necessary documents confirming the passenger's right to claim compensation, depending on the claim, including ticket (route-receipt), fiscal checks for payment of services (except taxi services), receipt for payment of excess baggage, tear-off stub of a baggage identification tag, Property Irregularity Report (PIR), Damage Baggage Report (DBR), delay certificates, and other documents that can expedite claims. The amount of the claim must be proved by the person concerned.
2. Claims shall be considered in accordance with the procedure established by the Airline. Upon receipt of the claim, the Airline shall, within 15 days from the date of registration of the claim, send a request to the applicant informing the applicant about the receipt of the claim and the term of its consideration, and if necessary, request additional documents from the applicant and inform him/her of the terms of consideration of the claim after receiving the documents, which are lacking.
3. The Airline shall examine a claim and inform the applicant of its accepting or rejecting within three months from the date of its receipt, if transportation, in connection with which the claim was filed, was made by one carrier.
If such transportation involved other carriers, the period of the claim review may be extended to six months, subject to the applicable rules of claims settlement of such carriers.
4. Any claim related to the compensation for damage caused by the Airline during transportation may be submitted in accordance with the terms and limits of liability provided for by the Montreal Convention and the effective legislation of Ukraine, without prejudice to the rights of other persons to apply to court.
5. Claims related to Airlines liability for improper transportation during international transportation of a passenger or baggage should be filed at the choice of the claimant in court at the location (registration) of the Airline, at its place of principal activity (head office) or at the place where the enterprise through which the contract for air transportation was concluded, either to the court of destination of the carriage within two years from the date of arrival at the place of destination, or from the date on which the aircraft was to arrive at the place of destination, or from the date the transportation stopped. For flights within Ukraine, claims against carriers arising from the contract for air transportation of passengers and baggage shall be filed at the location of the Airline.
Claims regarding the responsibility of the Airline for improper Passenger transportation shall be made within the term set by the applicable law without prior complaints to the Airline
6. The total amount of compensation for damage shall not exceed the limits of liability established by these Regulations.
The contracting airline, the actual air carrier, the sales and / or service agents acting within the scope of their duties shall be liable for damages caused by them to the extent not exceeding the limits of liability applicable to them.
7. If the claim for damages specified in these Regulations is brought to the employee of the airline or sales and / or service agent, he/she shall have the right to refer to the conditions and limits of liability to which the airline itself is entitled, if he/she proves that he/she acted in within the limits of his/her official duties.
8. In the event of the death of the person responsible for the damage, a claim for damages is brought in accordance with the provisions of the Montreal Convention against persons who legally represent this person or dispose of the property of this person.
9. A claim for compensation for damage that occurred during the air transportation carried out by the actual carrier may, at the option of the passenger, be brought to the actual carrier or to the contracting carrier or to both carriers at the same time.
10. The conversion of the amounts stated in the SDR into the national currency shall be carried out in accordance with the value of the currencies in the SDR according to the rate of the National Bank of Ukraine at the date of the court decision or the airline's decision on the passenger's claim.
Chapter 2. The order of claims and lawsuits submission, regarding improper transportation of Passengers
1. If a claim is filed for damages caused as a result of delay in Passenger transportation, the reimbursement amount is limited to the amount referred to in paragraph 1 of Chapter 5 of Section XXVI of these Regulations. The amount of the claim shall be proved by the interested person.
2. Claims for the liability of the carrier for damage caused as a result of death or personal injury must be submitted to any court referred to in paragraph 5 of Chapter 1 of this section. For flights between Ukraine and the European Union, a claim may be submitted in the territory of a Member State of the European Union in which the passenger has, on the date of the event, his / her main and permanent place of residence and to/from which the carrier provides services related to the air transportation of passengers on its own aircraft or aircraft of another carrier on the basis of a commercial agreement and in which that carrier carries out activities related to the air transportation of passengers using premises rented by the carrier itself or other carrier with which he has a commercial agreement, or belonging to him or another carrier.
Claims regarding the responsibility of the Airline for improper Passenger transportation shall be made within the term set by the applicable law without prior complaints to the Airline.
3. The right for compensation is lost if a claim for liability is not filed within the period in accordance with the Montreal Convention and the current law from the date of arrival at the point of destination, or the date, on which the aircraft should have arrived, or from the date of termination of the transportation.
4. In the event of a claim against the Airline for a refund for an airport check-in operation due to an inability to check-in via the website, the Airline shall be liable to prove otherwise.
Chapter 3. The order of claims and lawsuits submission, regarding improper transportation of baggage
1. Receipt of the checked baggage by a person who has the right to receive it, without complaints, shall imply (unless otherwise proved) that the baggage was delivered in good condition and in accordance with the transportation document or record kept by other information storage devices.
The Passenger shall certify the contrary by the way of drawing up a PIR (Property Irregularity Report) or DBR (Damage Baggage Report) - before leaving the airport baggage department.
2. In the event of improper transportation of the checked baggage, the Passenger shall file a complaint to the Airline immediately after discovery of damage (loss of the baggage contents) not later than seven calendar days upon receipt of the checked baggage. In the event of delay in transportation of baggage, complaint shall be made not later than 21 calendar days from the date when the baggage was delivered to the Passenger.
3. Complaints concerning loss of baggage shall be made to the Airline after the baggage is recognized lost. Baggage is deemed lost unless it is found by tracing within 21 calendar days from the date following the expected date of the baggage arrival at the destination point. In this case, the complaint to the Airline shall be brought within 2 years (for international transportation) and 3 years (for flights within Ukraine) from the date of arrival of the aircraft at the point of destination, or the date, on which the aircraft must have arrived at the point of destination, or from the date of transportation termination.
4. Responsibility of the Airline for destroyed or lost baggage is limited to the amount referred to in Paragraph 2 of Chapter 5 of Section XXVI of these Regulations.
5. If the claim is filed regarding damage to the baggage packaging, the compensation is subject to the cost of its repairing. If the damaged baggage cannot be used further, the value of the baggage is confirmed by the person concerned.
The Airline is not responsible for the following types of baggage damage:
- broken wheels and stands of suitcases, bags, etc;
- lost straps and loops;
- slight abrasions or scratches, damage as a result of excessive filling of suitcase;
- damage to the handle of the suitcase or bag;
- damage to fragile itemss or perishable products;
- damage to items that are not properly packed.
6. If a claim is filed regarding compensation of partially lost luggage weighing up to 1 kilogram, for reimbursement of partially lost luggage can be used weight parameters specified in IATA recommended practice 1751 (Appendix A).
7. If a claim is filed for damages caused as a result of delay in baggage transportation, the reimbursement amount is limited to the amount referred to in paragraph 2 of Chapter 5 of Section XXVI of these Regulations. The amount of the claim shall be proved by the interested person.
8. In the absence of claims, in terms mentioned in paragraphs 2, 3 of this chapter, on international air transportation to any claims for improper transportation of baggage will not be accepted, except for cases of carrier’s fraud. Claims for improper baggage on domestic flights conducted according to current legislation of Ukraine.
XXVIII. INFORMING OF PASSENGERS
1. The provisions of this section extend to all sales agents and/or handling agents of Airlines, exercising issue of tickets for air transportation in Ukraine.
2. In the sales office, the Airline (sales agent thereof) shall put up the following information in a place visible and accessible for consumers:
- its full name and legal address;
- copies of authorization documents (licenses, certificates, testimonies) on performing of transportations (sale of transportations);
- contacts of the State Aviation Administration (telephone number, e-mail and postal addresses);
- these Regulations.
3. The Airline (sales agent thereof) at the time of selling tickets shall provide the Passenger and notify in writing about the terms of the agreement (the airline to whose flight the ticket was issued), the rules for applying the fare at which the ticket was purchased, administrative formalities when traveling for the relevant route,
important messages concerning the carriage of dangerous goods in baggage and cabin baggage, other communications that the carrier deems necessary to bring to the passenger's attention.
In case of sale of air transportation through the website, the said information shall be communicated to the passenger electronically through the site through which the air transportation is booked.
Information about the cost of transportation on flights of the Airline given during promotions shall include all state taxes and fees, all airport taxes and charges as well as taxes and charges of the Airline.
The Passenger buying a ticket for a flight of the Airline is considered to unconditionally accept all terms of the transportation contract and the transportation rules of the Airline.
In case of night flights, the Airline is obliged to provide 24hour assistance.
4. Contacts of the airline's help desk (representative office) are published on the airline's website at www.skylineexpress.aero.
Regulations of the Airline are published on the website of the Airline: www.skylineexpress.aero.
Manager Ground Handling Department
Oksana MARTIANOVA
«SKYLINE EXPRESS AIRLINES»