9.1.1 The Company shall have the right to cancel, delay or postpone the flight of an aircraft without notice, as well as to change the scheduled (stipulated by a flight plan) route of transportation, point of landing, if such actions are necessary to ensure flight safety and aviation security.
9.1.2 The Company can provide to a passenger another seat in aircraft compartment which is different from the seat specified in a transportation document but equal to its class of service, if such actions are necessary to ensure flight safety.
9.1.3 The Company shall have the right to change the type of aircraft. If a passenger refuses to fly by aircraft of another type, the Company shall ensure passenger’s transportation upon his consent with one of the nearest flights stipulated by the schedule (flight plan), or refund the amount of transportation without any penalties.
9.1.4 The Company can unilaterally terminate passenger, cargo air transportation agreement in the following cases:
- if a passenger, cargo owner, cargo consigner violate passport, customs, sanitary and other requirements established by the laws and regulations of the Russian Federation regarding air transportation, and in the event of an international transportation – rules established by corresponding authorities of the state of departure, destination or transit;
- if a passenger, cargo owner, cargo consigner refuse to fulfill the requirements of these rules;
- if a passenger’s state of health requires special conditions of air transportation or threatens the safety of a passenger himself/herself or other persons, which is confirmed by medical documents, or brings disorder and unremovable discomfort for other persons;
- if a passenger refuses to pay for the transportation of his/her baggage, if the weight of such baggage exceeds free baggage allowance;
- if a passenger refuses to pay for transportation of a child who is traveling with him/her, except for the cases of transportation free of charge or transportation under a discount tariff during international air transportation;
- if a passenger violates the rules of conduct on board an aircraft, and if such violation threatens aircraft flight safety or life and health of other persons, or if a passenger fails to follow the instructions of a pilot in command established in accordance with Article 58 of the Air Code of the Russian Federation.
- if a passenger refuses to pass a preflight inspection;
-
if there are any articles or substances in the baggage, cargo or items that a passenger has with him/her, which are not allowed for transportation.
9.1.5 If the Company terminates passenger or cargo air transportation agreement on its own initiative, it shall refund to a passenger, cargo owner, cargo consigner the amount paid for air transportation, except for the case stipulated by paragraph 6, item
9.1.4 of this clause. In cases specified in paragraph 6, item 9.1.4 of this clause the paid amount shall not be returned to a passenger.
9.2 Rights of passengers and cargo consigners
9.2.1 The rights of a passenger and cargo consigner are determined by passenger, cargo air transportation agreement, which is contained in transportation documents, and by these rules.
9.2.2 A passenger shall have the right to terminate air transportation agreement unilaterally, and to voluntarily refuse from the flight at the initial airport, airport of transit or transfer, having notified a carrier.
9.2.3 A passenger who voluntarily refuses from the flight within twenty four hour before aircraft departure can receive back the amount of paid transportation unless otherwise is stipulated by the rules on tariff application.
9.2.4 If a passenger refuses from the flight after the specified time, including at airport of transit or transfer, a passenger shall be entitled to a refund for paid air transportation, and at airport of transit or transfer – for part of the amount with deduction of the charge not exceeding twenty five percent of the amount paid for air transportation on the entire route or unused part of the route.
9.2.5 A passenger and cargo consigner shall have the right to terminate air transportation agreement unilaterally and refuse from the flight or cargo transportation if the Company does not comply with the procedure of passenger, baggage and cargo transportation established in the agreement.
9.2.6 Passenger’s refusal shall be considered involuntary if:
- the flight indicated in the ticket was cancelled or delayed;
- the route of transportation was changed by the Company;
- the flight was performed not according to the schedule;
- a passenger did not depart due to impossibility to provide a seat for him/her for the flight and date indicated in the ticket;
- 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;
- failure of the Company to ensure flights connection in the event of a single transportation;
- change of the type of an aircraft;
- 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;
- failure to provide service to a passenger according to the class specified in the ticket;
- a ticket improperly issued by the Company or its authorized Agent;
- 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.
9.2.7 If the passenger’s refusal is involuntary the Company shall ensure passenger’s transportation upon his consent with one of the nearest flights to a point of destination specified in a transportation document of the passenger, or refund the cost of transportation or part of the cost for the unused leg of transportation without deduction of a charge.
Passenger’s refusal shall be considered a voluntary refusal in cases not stipulated by clause 9.2.6 of these rules.
9.2.8 A cargo consigner’s refusal from cargo transportation shall be considered involuntary in the following cases:
-
failure to ensure transportation of cargo from airport of destination within the period specified in a transportation document;
-
landing of an aircraft which performs cargo transportation at an airport different from airport of destination according to a transportation document;
-
delay of cargo transportation at the airport of transfer exceeding the time specified in a transportation document;
-
refusal of the Company to submit cargo transportation to another carrier die to impossibility to perform this transportation to airport of destination under a transportation document;
-
transportation of cargo to an airport different from airport of destination according to a transportation document.
