2.1.1 AIR SERVICES AGREEMENT
2.1.1.1 According to air services agreement the Company shall carry a passenger of the aircraft to a place of destination providing a seat on the aircraft which performs the flight specified in a ticket, and in the event of baggage transportation – carry the baggage to a place of destination and deliver it to a passenger or a person authorized for its collection.
Apart from a ticket in hard copy, an electronic ticket can be used as a document verifying a concluded passenger air transportation services agreement. Information regarding air transportation of a passenger, baggage in such a ticket is an electronic digital format.
A passenger of an aircraft shall pay for air transportation, as well as for excess baggage if he/she has any.
2.1.1.2 According to air services agreement the Company shall carry the cargo of a consigner to a place of destination and deliver it to a person authorized for its collection (consignee), and consigner shall pay for air transportation of this cargo.
2.1.1.3 Transportation of a passenger, baggage, cargo to an airport (point) of destination where this passenger, baggage and cargo must be delivered according to passenger air transportation services agreement, cargo air transportation agreement (hereinafter referred to as airport (point) of destination) by several carriers under one transportation document or an additional transportation document executed at the same time, shall be considered as a single transportation regardless of any transfer or a stop during transportation.
2.1.2 TRANSPORTATION DOCUMENTATION
2.1.2.1 A transportation document in hard copy or in electronic format is:
- during passenger and baggage transportation – a passenger ticket and baggage receipt;
- during transportation of excess baggage – a payment receipt for such excess baggage;
- during transportation of unaccompanied baggage and cargo – airway bill;
A form of a ticket and baggage receipt, payment receipt for excess baggage, airway bill and miscellaneous charges order, and procedure of their registration and maintenance of register of transportation documents are established and carried out by a federal executive civil aviation authority.
2.1.2.2 Transportation documents for transportation services on domestic lines must comply with the provisions of the Air Code of the Russian Federation, and transportation documents for transportation services on international lines must comply with the provisions of Warsaw Convention and other regulatory documents regarding international air transport.
2.1.2.3 Transportation documents specified in Clause 2.1.2.1 are transportation documents of strict reporting and used as accounting, financial and control documents for cash and non-cash payments by passengers, cargo consigners and mutual settlements between participants of a transportation process.
2.1.3 SCHEDULE, CHANGE OF SCHEDULE, FLIGHT DELAY, FLIGHT CANCELLATION
2.1.3.1 Regular flights are performed according to the schedule published by the Company.
A flight schedule must reflect information which allows passengers and cargo consigners to get the data on availability of regular air operations from a point (airport) of departure to other places (airports), and regarding each route of transportation – about the frequency of such operations, types of aircraft, level of services rendered on board an aircraft during air transportation on each route, and other information.
2.1.3.2 Information published in a schedule must correspond to the information indicated in a passenger ticket and baggage receipt (airway bill) on the date of the above mentioned transportation documents.
2.1.3.3 A flight schedule can be changed by the Company. In this event the Company shall take all necessary steps to inform passengers and cargo consigners which concluded passenger air services agreements or cargo transportation agreements with the Company about the change of a flight schedule by any means.
The Company can cancel, postpone or delay the flight specified in a passenger ticket and baggage receipt (airway bill) change AC type or the route of transportation if this is required by conditions of flight safety and aviation security.
2.1.3.4 The Company shall take all measures for timely performance of transportation services according to a concluded air transportation agreement.
2.1.3.5 As agreed upon with a passenger or cargo consigner (consignee) the Company can perform transportation of this passenger or cargo by another aircraft which performs the flight specified in a transportation document, or submit hand him/her/it over for transportation to another carrier, or arrange transportation by another type of transport, or refund the amount of payment for such transportation services.
2.1.3.6 The Company is not responsible for mistakes, corruptions or omissions in schedules, published by other legal entities without any approval of the Company.
2.1.4 ROUTE OF TRANSPORTATION, CHANGE OF ROUTE, DATE AND TIME OF DEPARTURE
2.1.4.1 Transportation of passengers, baggage and cargo is performed between places (airports) specified in transportation documents. The change of a place (places) on the route of transportation, specified in transportation documents, can be performed by agreement between a carrier and a passenger (cargo consigner).
2.1.4.2 If the Company is not able to perform transportation between places specified in a transportation document, then it shall offer a passenger (cargo consigner) another route of transportation, and if a passenger refuses to have a transportation on this route, then according to these Rules it shall refund the amount of payment for transportation services.
2.1.4.3 If a passenger (cargo consigner) changes the date and (or) the time of transportation for later or earlier time than it is specified in a transportation document, shall be considered as a termination of air transportation agreement by a passenger.
2.1.4.4 If a passenger wishes to follow a new route, a ticket is issued to him according to a standard procedure.
2.1.5 PASSENGER STOP ON THE ROUTE OF TRANSPORTATION
2.1.5.1 A passenger can make one or several stops on a route of transportation in any intermediate airport, and in case of international transportation provided that it is approved by aviation (state) authorities of the country in which such a stop is supposed to be made. When issuing a passenger ticket and a baggage receipt a passenger shall notify the Company or its authorized agent about his/her intention to make such a stop. This stop must be also indicated in a specified transportation document.
2.1.5.2 If a passenger’s transportation document is issued under a special tariff, then a stop on the route of transportation is made with consideration of limitations or prohibition of stops, set by the Company within the frame of application of this tariff.
2.1.5.3 Stops of a passenger on a route of transportation are allowed within the period of a passenger ticket validity provided that they were approved by the Company or its authorized agent, are indicated in a passenger ticket and baggage receipt and considered when calculating the cost of transportation, and in case of international transportation services – approved by state aviation authorities of the country where the stop is made.
2.1.5.4 If during the process of ticket issuing a passenger did not declare a stop at an intermediate airport but wishes to make such a stop, and declares it at that airport, then such a passenger can continue the flight only after he/she pays to the Company the difference in transportation, and the losses related to the late departure of an aircraft due to baggage unloading if it was supposed to be carried to a place which was initially indicated in a transportation document. An exception is a passenger’s stop due to illness of a passenger or his/her family member traveling with the same flight, which is verified by corresponding medical documents, or a stop due to force-majeure.
2.1.5.5 If a passenger can not continue the flight from an intermediate airport for reasons beyond the control of the Company, then the Company shall transport the passenger to a point of destination by the next flight according to the schedule, and take all necessary measures to ensure safety of baggage and belongings of a passenger on board an aircraft. A passenger shall not be additionally charged for such transportation.
2.2 Booking of a place on an aircraft
2.2.1 GENERAL REQUIREMENTS
2.2.1.1 Booking of a place on an aircraft (passenger seat, tonnage (volume) on an aircraft of the Company is a mandatory requirement to a passenger and cargo consigner for transportation of a passenger, baggage and cargo by air transport.
2.2.1.2 Booking of a place on an aircraft is performed by the Company or its authorized agent.
2.2.1.3 Booking of a place on an aircraft can be performed both during direct reference of a passenger or cargo consigner to the Company or its authorized agent, and over the telephone, via facsimile communication, electronic mail, internet and other types of communication.
2.2.1.4 Booking of a place on an aircraft is valid only if it is entered into the booking system of the Company, performed according to the rules set by the Company, and does not contradict to the conditions of air transportation agreement.
2.2.1.5 During booking of a place on an aircraft the Company has the right not to provide a certain seat in the cabin of an aircraft with a declared class of service to a passenger. In this event the number of a certain seat provided to a passenger must be indicated by the Company or its authorized agent during check-in of a passenger and his/her baggage at the point of check-in.
2.2.1.6 During booking of transit cargo transportation services the Company or its authorized agent must get the confirmation of booking of a place on an aircraft for all legs of the route, including the legs operated by other carriers.
2.2.1.7 Booking of seats for date and flight specified by a customer is considered to be performed after a certain status is assigned by the electronic booking system – “confirmed booking”.
The Company is not responsible before the passenger if transportation services with a “confirmed” status did not take place.
2.2.1.8 If there are no seats on the flight and if a Passenger is on a waiting list, then a passenger who has a ticket with a status “unconfirmed booking” has a priority over a person who wishes to purchase a ticket for this flight at an airport. However the Company is not responsible before the passenger if transportation services with an “unconfirmed” status did not take place.
2.2.1.9 The possibility to change or cancel the booking for a Passenger who paid for the ticket as per a special tariff can be limited or eliminated according to the rules on application of a specified tariff.
2.2.1.10 During booking of a place on an aircraft a Cargo consigner must give to the agent full information regarding the name of cargo, its weight, number of places, dimensions, point of destination and special conditions of transportation of this cargo.
2.2.1.11 If a cargo consigner paid for the transportation, but due to some reasons wishes or has to postpone cargo transportation for the later date, he must tell the Company of such an intention not later than 2 days before departure of the initially planned flight. Otherwise a Cargo consigner shall compensate for the failure to use a place on an aircraft, and the Company may refuse to postpone the booking (if tonnage is left vacant by withdrawing it from sale).
2.2.1.12 If a cargo consigner refuses from transportation that was already paid for, then he/she shall inform the Company about it not later than 2 days before the flight. In this event a sales agent cancels the order and refunds the payment.
2.2.2 TIME FOR BOOKING OF A PLACE FOR A PASSENGER AND CARGO CONSIGNER
2.2.2.1 Booking of a place on an aircraft for a passenger (cargo consigner) shall be considered preliminary until the passenger (cargo consigner) makes a payment, and the Company or its authorized sales agent issues a transportation document.
A request of a passenger or a cargo consigner for booking is cancelled without notice, is a passenger or cargo consigner does not receive a passenger ticket and baggage receipt or an airway bill after the period of a preliminary booking is over.
2.2.2.2 The company has the right to cancel booking any time without notifying a client, if a client did not make a payment or failed to comply with other requirements of the Company.
2.2.2.3 Booking and ticketing is performed in accordance with the rules on tariff application and has the following time limits:
- When booking more than 30 days before the flight – a ticket must be bought out within 30 days but not later than 30 days before the flight;
- When booking less than 30 days before the flight – a ticket must be bought out within 7 days but not later than 7 days before the flight;
- When booking less than 7 days before the flight – a ticket must be bought out within 24 hours but not later than 24 hours before the flight;
- The last day before the flight – a ticket must be bought out during a booking procedure;
2.2.2.4 In special cases the Company may request a customer to confirm the booking. Such a confirmation is made by a customer in person or using any types of communication. The booking may be cancelled by the company if this requirement is not complied with.
2.2.3 INFORMATION ABOUT A PASSENGER, BAGGAGE AND CARGO
2.2.3.1 When booking a place on an aircraft a passenger and cargo consigner must provide to the Company or its authorized sales agent information regarding route of transportation, date and time of departure, necessary number of seats, class of service on board an aircraft, citizenship of a passenger and special conditions of his/her transportation, name of cargo, its weight and volume, special properties and conditions of its transportation.
2.2.3.2 A passenger must be aware that the information provided to the Company is used for booking a place on an aircraft and performing other services. The Company shall keep a confidential character of the information and disclose it only when necessary to its representatives and other carriers, or persons performing additional services. The Company shall not disclose the information about a passenger to third parties unless it is required by laws and regulations of the Russian Federation.
2.2.3.3 Special conditions of transportation which require a preliminary consent of the Company when booking are:
- a child aged 2-12 traveling without parents (foster parents);
- a passenger with a child under two years old;
- severely ill patient;
- excess baggage;
- over dimensioned baggage;
- baggage in a cabin;
- currency in banknotes or coins, shares, bonds and other securities, credit and bank cards, jewelry, precious metals or semiprecious stones including industrial diamonds (hereinafter referred to as valuable cargo);
- cargo with declared value;
- perishables;
- dangerous goods;
- cargo, if one place of such cargo exceeds eighty kilograms (hereinafter referred to as heavy cargo);
- over dimensioned cargo (cargo, if dimensions of one place exceed the overall dimensions of cargo doors and/or cargo compartments of passenger aircraft);
- cargo, if its one cubic meter is less than one hundred sixty seven kilograms (hereinafter referred to as bulky cargo);
- cargo which requires special conditions of transportation;
- cargo 200, cargo 100;
- animals/birds;
- an accompanied/unaccompanied blind/deaf passenger; a blind passenger with a guide-dog;
- a passenger on stretchers;
- a disabled person in a wheelchair, who can move on his/her own;
- a passenger who needs assistance on the side of the Company;
- a passenger who orders meals in a corresponding class of service;
- a passenger who needs a special diet;
- transportation of weapons and ammunition;
- a transit passenger without a visa.
2.2.4 CANCELLATION OF BOOKING FOR THE NEXT LEGS OF THE ROUTE OF TRANSPORTATION
If a passenger did not use a booked seat on one of the previous legs of a transfer route, the Company shall have the right to cancel booking for the next leg of the route, reserved for such a passenger by the Company directly or by another carrier, including foreign carriers, on behalf of the Company.
2.3 Tariffs, charges and discounts
2.3.1 GENERAL REQUIREMENTS
2.3.1.1 A tariff is a cost of transportation from a point of departure to a point of destination. A tariff does not include ground transport services between airports and between an airport and center of a city, unless such services are provided by the Company without additional charges.
2.3.1.2 Changes of tariffs and rules do not influence the conditions of a concluded air services agreement.
2.3.1.3 An applied tariff must be valid as of the date of transportation. The tickets which are issued and paid for before the change of a tariff or currency rate announced by the Company are valid without an extra charge for the tariff as of the date of transportation, if there are no changes to air services agreement.
2.3.1.4 Tariffs calculated according to the rules on tariff application are applied for transportation services regulated by these Rules.
2.3.1.5 A passenger shall have the right to change the route of transportation unless otherwise is provided by special conditions of tariff application for the initial transportation.
2.3.1.6 If a passenger changes his/her route in the course of transportation and a tariff changes, then a new ticket is issued according to a new transportation. A tariff for the changed transportation is calculated in accordance with the rules on tariff recalculation, related to a change of the route. The additional amount, in the event when a tariff for the changed transportation is higher, is calculated as a difference between the tariff of a changed transportation and initial tariff including all necessary charges. A passenger is charged corresponding amount. If a changed tariff is less than initial tariff, then a difference of the tariffs is paid to a passenger.
2.3.1.7 The Company can refuse to carry a Passenger and his/her baggage, if no payment according to a corresponding tariff is made, and if taxes and charges are not paid, or credit agreement between the Company and a Passenger (legal entity or a person who makes a payment) is not complied with.
2.3.2 TAXES AND OTHER DUTIES
The procedure of calculation of taxes and duties paid by passengers is established by corresponding competent authorities and brought to the notice of passengers at agencies and representative offices during the sale of transportation services.
Any tax or duty shall be paid by a Passenger in excess to the tariff.
2.3.3 DISCOUNTS
Tariff discounts are established in accordance with special instructions of the Company, which are developed based on the applicable laws and regulations of the Russian Federation, regulatory documents of the Federal executive civil aviation authorities, Schedule and Tariff Centre and IATA recommendations.
2.3.4 CURRENCY OF TARIFFS AND CHARGES
2.3.4.1 Tariffs, charges, taxes shall be paid with currency specified by the Company in accordance with the rules on currency regulation of the selling country.
2.3.4.2 If the payment for transportation is made with currency different from the currency of tariff publication, then the equivalent of payment is calculated based on the official bank rate as of the date of the payment. This being said the amount of equivalent of the tariff is additionally regulated by special instructions of the Company and is published in a computer booking system.
2.3.5 CHARGES RELATED TO CANCELLATION OF BOOKED SEATS AND FAILURE OF A PASSENGER TO APPEAR FOR CHECK IN
If a passenger refuses to buy a booked seat or fails to appear for check in or boarding after the check in by the time indicated by the Company, or if a passenger appears with improperly issued entry/departure documents or fails to present such documents, and as the result fails to use a booked seat, then he/she can be charged an amount specified by the Company.
This amount is not charged when:
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the flight indicated in the ticket was cancelled or delayed;
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the route of transportation was changed by the Company;
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the flight was performed not according to the schedule;
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a passenger did not depart due to impossibility to provide a seat for him/her for the flight and date indicated in the ticket;
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a passenger was not transported by an aircraft due to the passenger being late because of a long screening procedure, if during baggage screening or personal search the substances and items which are not allowed for transportation were not detected;
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failure of the Company to ensure flights connection in the event of a single transportation;
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change of the type of an aircraft;
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sudden sickness of a passenger, illness or death of his/her family member, traveling with him/her by an aircraft, which is confirmed by medical documents;
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failure to provide service to a passenger according to the class specified in the ticket;
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a ticket improperly issued by the Company or its authorized Agent;
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if due to the fault of the Company transportation of a passenger did not take place for some other reasons except for mentioned above, and for the reasons beyond the control of the Company, but accepted by the Company as reasonable.
2.4 Unintentional change of carrier, route, class and type of tariff
2.4.1 GENERAL REQUIREMENTS
2.4.1.1 The below circumstances can justify unintentional change of the carrier, route and class of service:
- the Company cancels or delays the flight;
- the Company does not perform landing at airport specified in a transportation document;
- the Company does not provide a seat for the flight, date or class of service indicated in a transportation document;
- the Company performs the change of aircraft type, specified in a schedule;
- a passenger fails to use a connection flight, for which he/she has a booking, due to the fault of the Company or its partner.
2.4.1.2 In the above cases the Company shall:
- compensate for the cost unused transportation without any fines;
- or ensure further transportation with the least possible delay or inconvenience to a point of destination or a stop indicated in the ticket for the higher cost and without any additional charges on the side of a passenger:
(a) by its own flight, or
(b) by the flight of another airline.
2.4.1.3 If further transportation is provided according to clause 2.4.1.2 (b), then the upgrade of a class of service is allowed only if by the time of a new booking there are no seats in a cabin of the same class for which the initial payment is made, and if the class of service was upgraded a passenger shall not be seated in a cabin with the lower class of service during transportation with an acceptable flight.
2.4.2 DELIVERY OF BAGGAGE
2.4.2.1 During a transfer of passenger’s baggage to the flight of another airline it is necessary to:
- refund the amount received as a payment for booking of excess baggage transportation so that a passenger could pay for it himself/herself;
- transfer the baggage to the flight of another airline under the payment receipt for excess baggage as mutually agreed between UTair Aviation and another airline.
2.4.3 COMPENSATION OF EXPENSES
If transport expenses for the changed route or class of service are lower than the initially paid tariff, a compensation for such difference is made to the benefit of a passenger.
2.4.4 REFERRING OF A PASSANGER'S EXPENSES
If due to the fault of a carrier there was a break in a transportation, and if the flight was delayed or cancelled due to bad weather conditions, technical and other reasons, or of the route of transportation was changed, a carrier shall provide at points of departure and intermediate airports the following services:
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provide special rooms to passengers with children under seven;
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two telephone calls or two electronic messages if the waiting time exceeds two hours;
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provide cold drinks if the waiting time exceeds two hours;
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provide hot meals if the waiting time exceeds four hours, and every six hours afterwards during the day, and every eight hours during the night;
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transportation from airport to a hotel and back if the hotel is provided without any additional charge;
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baggage keeping.
Services mentioned above are provided to passengers without any additional charge.
