Part 11. The procedure of making a complaint and a claim

11.1.1 On passenger’s, consignor’s or consignee’s request or on showing by one of them of the transportation documents the Carrier must draw up a commercial statement.  

The commercial statement shall identify the circumstances that can result in proprietary responsibility of the Company, the passenger, the consignor and the consignee. 

11.1.2 The commercial statement is drawn up on baggage reclaim or upon cargo receipt to ensure the following:

  • discrepancy between the factual name of the cargo, its weight and the number of units and those stated in the transportation document;
  • cargo damage;
  • shortage or damage of the baggage;
  • finding baggage or cargo without transportation documents or transportation documents without baggage or cargo. 

11.1.3 In case of the breach of the cargo air transportation agreement a complaint is made against the Company before the claim is filed.  

11.1.4 In case of the breach of the passenger air service agreement, cargo air transportation agreement a statement or claim is made at the airport of departure or the destination airport at the claimer’s discretion.  

11.1.5 The absence of the commercial statement does not deprive the passenger, consignor or consignee of the right to make a complaint or a claim.

11.2.1 The circumstances under which the persons involved are authorized to make a claim against the Company in case of the breach of air service agreement:

  • In case of loss, shortage or damage of the baggage or delay in its delivery the passenger or his duly authorized representative can make a claim on showing the baggage receipt or commercial statement;
  • The passenger can make a claim in case of the air transportation agreement termination on the Carrier’s initiative. 

11.2.2 The persons authorized to make a complaint or a claim against the Company are:

  • A consignee (passenger) in case of the cargo (unaccompanied baggage) loss on showing of the airway bill handed by the Company to the consignor (passenger) with a mark of the airport of destination about the arrival (non-arrival) of the cargo (unaccompanied baggage).  Should it be impossible to show the airway bill, the document on the cargo value payment and the certificate of the company of sending the cargo (unaccompanied baggage) with a mark of the airport of destination about the arrival (non-arrival) of the cargo (unaccompanied baggage);
  • consignee in case of shortage or damage of cargo on showing of the airway bill or the commercial statement;
  • consignor on showing the airway bill in case of the delay in the cargo delivery;
  • insurer on showing the transportation documents as appropriate as well as the documents confirming the insurance agreement conclusion and insurance indemnity reimbursement.

11.3.1 A complaint against the Company in the event of domestic air operations can be filed within six months. The above named time shall be calculated as follows:

  • complaint on compensation of damage in case of shortage or damage of cargo, or its late delivery shall be calculated from the day following the day of cargo handover;
  • compensation of damage in case of cargo loss shall be calculated ten days after the delivery time expiration;
  • compensation of damage in all other cases shall be calculated from the day of the event which resulted in making the complaint. 

11.3.2. The Company shall have the right to consider the complaint after the time of submission has ended should it consider the excuse for not observing the time of submission reasonable.

11.4.1 In case of damage of baggage or cargo during international air operations, a person who is authorized to receive it having noticed the damage has to notify the Company in writing no later than 7 days after the baggage collection and no later than 14 days from the date of cargo receipt. In case of delay in baggage or cargo delivery the complaint must be submitted within 21 days from the day the authorized person receives the baggage or cargo. The above notification results in making a commercial statement.  

11.4.2 In case of baggage, cargo or mail loss a complaint against the Company can be submitted within 18 months from the day of the aircraft arrival at the destination airport, from the day the aircraft was scheduled to arrive or from the day of the air transportation termination.

11.5.1 The Company has to consider the complaint within 30 days after it has been submitted. The Company has to notify the consignor and the consignee in writing that it has either fulfilled or rejected the complaint. 

11.5.2 The beginning of the period of claim limitation begins the next day after the consignor or the consignee receives the reply about the rejection or partial fulfillment of the complaints, in case no such reply is received – forty five days after the Company has received the complaint unless otherwise specified in the cargo transportation agreement.

The owner of the aircraft shall take proprietary responsibility for the damage caused to the life and health of the aircraft passenger and also for the damage caused to the property of the third party which is on board the aircraft according to the Air Code of the Russian Federation.  Herewith the owner of the aircraft has the right of exoneration to the guilty party in accordance with the Air Code of the Russian Federation.

11.7.1 For the damage caused to life, health or property of the aircraft passenger during air transportation, the owner of the aircraft shall take the responsibility to the extent envisaged in the Civil Legislation of the Russian Federation unless otherwise specified in the international agreement of the Russian Federation.  

11.7.2 For the damage caused to life, health or property of the third party during air transportation, the owner of the aircraft shall take the responsibility to the extent envisaged in the civil legislation of the Russian Federation unless otherwise specified in the international agreement of the Russian Federation.