Part 10. Responsibility of the Company, passengers and cargo consigners

10.1.1 The Company shall be responsible before aircraft passenger and cargo consigner (consignee) in manner prescribed by the laws and regulation of the Russian Federation, international agreements of the Russian Federation, and passenger, cargo air transportation agreements.  

10.1.2 The Company, passengers, cargo consigners and consignees shall be responsible for violation of customs, currency, sanitary, quarantine and other rules in accordance with the laws and regulation of the Russian Federation.

10.2.1 The responsibility of the Company for damage to life and health of aircraft passengers in the course of transportation by air, and the limits of such responsibility are determined in accordance with the Civil Law and the rules of Article 59 of the Civil Code of the Russian Federation, unless a higher limit of carrier’s responsibility is established in a passenger air transportation agreement, and in case of international transportation the limit of responsibility is defined by the international agreements of the Russian Federation. 

10.2.2 For the purpose of this chapter passenger air transportation includes the period beginning with passenger passing a preflight inspection before boarding and ending with the moment when a passenger leaves airport area under supervision of authorized persons of the Company.

10.3.1 The Company shall be responsible for the loss, shortage or damage of baggage or cargo after their acceptance for transportation and until the delivery to a consignee or another person according to the established rules, if it fails to prove that all necessary actions to prevent such loss, shortage or damage were taken, or that such actions were not possible. 

10.3.2 The Company shall be responsible for the loss, shortage or damage of baggage and cargo if it fails to prove that such loss, shortage or damage resulted not from the intentional actions (omission) of the Company, or occurred not during air transportation.

10.4.1 The Company shall be responsible for the loss, shortage or damage of baggage, cargo and items that a passenger has with him/her within the following limits: 

  • for the loss, shortage or damage of baggage, cargo accepted for transportation by air with their value declared – in the amount of the declared value. Cargo consigner or consignee shall be additionally charged for air transportation of baggage or cargo with declared value. The amount of such charge shall be established by baggage or cargo air transportation agreement; 
  • for the loss, shortage or damage of baggage, cargo accepted for transportation by air without value declaration - in the amount of their cost not exceeding two minimum monthly wages established by the federal law, for the kilogram of weight. 

10.4.2 The cost of baggage, cargo that a passenger has with him/her, is determined based on the price specified in a seller’s invoice or stipulated by the agreement. If the price is not specified, the cost of such baggage and cargo is determined based on the average price for a similar commodity existing at a place where the cargo was subject to delivery, on the day of voluntary fulfillment of such requirement or on a day when a court decision was issued, in the event the requirement was not fulfilled voluntarily.  

10.4.3 The Company shall be responsible for the loss, shortage or damage of baggage, cargo and items that a passenger has with him/her during international air transportation in accordance with the international agreements of the Russian Federation.

For late delivery of passengers, baggage or cargo to a point of destination on time, the Company shall pay the penalty in the amount of twenty five percent of the minimum monthly wage established by the federal law for each hour, but not more than fifty percent of the freight charge, if it fails to prove that such late delivery took place due to acts of God, rectification of aircraft defects threatening life or health of aircraft passengers, or other circumstances beyond the control of the Company.

10.6.1 Responsibility of the Company shall not exceed the amount of actual damage. 

10.6.2 The Company shall not be responsible and shall not compensate for the damage that resulted directly or indirectly from its compliance with the laws, regulations, rules and instructions of state authorities and these rules, or from passengers’ failure to comply with such rules. 

10.6.3 The Company shall not be responsible and shall not compensate for the damages which resulted through no fault of the Company, or which resulted due to some reason out of its control (including natural disaster, meteorological conditions, act of unlawful interference, requirement of state authorities etc.). 

10.6.4 The Company shall not be responsible if death or injury were the result of a Passenger’s state of health. 

10.6.5 The Company shall not be responsible before a Passenger under a claim of a person of on behalf of a person who intentionally caused damaged which resulted in a Passenger’s death or bodily injury, or damage of Passenger’s baggage during transportation. 

10.6.6 The Company shall be released from responsibility if it proves that the loss, shortage or damage of baggage were the result of circumstances which it could not prevent or remove due to the following: 

  • fault of the person who submitted or received the baggage;
  • natural properties of the transported items;
  • irregularities of the packing which could not be detected during visual inspection of accepted baggage;
  • special properties of items and substances inside the baggage, or safety precautions during their transportation and storage. 

10.6.7 The Company shall not be responsible for:  

  • deficiency in weight of transported baggage in the event of its arrival and delivery to a Passenger in a fault-free packing without any traces of stealing or damage, if a Passenger fails to prove that shortage of baggage took place through the fault of the Company;
  • late delivery of baggage due to the reasons beyond the control of the Company, particularly, due to bad weather conditions, natural disaster, interference of unauthorized persons into the process of transportation etc.;
  • damage of fragile items; money, jewelry, precious metals, silver-work, securities and commercial documents, medicine, keys, passports, certificates and other things which are not accepted as checked baggage whether the Company knows of them or not.

A cargo consigner shall not be responsible for the damage to the Company or a person, if the Company is responsible before such person for incorrect or incomplete information provided by a cargo consigner.  

A cargo consigner shall compensate all Company expenses due to failure to comply with the requirements of state or administrative authorities.

The Company shall have the right to enter into agreements with the passengers, consignors and consignees about the increase of the limit of carrier’s responsibility compared to the limits stated in the Air Code of the Russian Federation or the international agreements of the Russian Federation.

10.9.1 If the Company suffered any damage through the Passenger’s fault, the Passenger is responsible for the damage caused within the damage scope. 

10.9.2 The Passenger shall be responsible for the non-observance of:

  • the rules of transportation (taking photos, filming and using radio communication devices);
  • the orders of the PIC;
  • fire security, sanitary and hygiene and antiepidemic rules;
  • dangerous goods and items transportation rules;
  • flight safety rules (the attempt to open the door, the hatch, refusal to fasten a seatbelt, smoking in forbidden places etc.). 

10.9.3 The Passenger is responsible for the breach of peace, peace at air terminals and city agencies, airports, airfields and aircraft, including his/her responsibility for the unlawful acts against other passengers and the Company personnel. 

10.9.4 The limits of the administrative and criminal responsibility are set in accordance with the Legislation of the Russian Federation or the Legislation of the country of stay.