Liability

Liability

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18.1. General Requirements

18.1.1. The Carrier shall be liable to a passenger of an aircraft in accordance with the legislation of the Russian Federation, international conventions of the Russian Federation and the passenger’s air transportation agreement and shall ensure timely insurance of such liability.

18.1.2. The Carrier and the passenger shall be liable for violation of customs, foreign exchange, sanitary, quarantine and other rules in accordance with the legislation of the Russian Federation.

18.2. Carrier’s Liability for Causing Harm to Life and Health of a Passenger of a Aircraft

The Carrier’s liability for harm caused during air transportation in the territory of the Russian Federation to life or health of a passenger of an aircraft shall be determined in accordance with the effective laws of the Russian Federation, unless the passenger’s air transportation agreement provides for a stricter liability of the Carrier, and the Carrier’s liability for harm caused during international transportation shall be determined by international agreements of the Russian Federation.

18.3. Carrier’s Liability for Loss, Shortage of or Damage to Checked Baggage, Cargo and Carry-on Luggage of a Passenger

18.3.1. The Carrier shall be liable for loss, shortage of or damage to checked baggage from the moment it has been accepted for air transportation until it has been delivered to the passenger or transferred, in accordance with the established rules, to another person or entity, unless the Carrier proves that it has taken all necessary measures to prevent the damage or that it was impossible to take such measures.

18.3.2. The Carrier shall be liable for safety of a passenger’s carry-on luggage, unless it proves that the loss, shortage of or damage to this carry-on luggage occurred due to circumstances relating to the transportation process which the Carrier could not prevent and the elimination of which was beyond the Carrier’s control, or the passenger’s willful intent.

18.3.3. The Carrier shall be liable for loss, shortage of or damage to baggage, unless it proves such loss, shortage or damage did not result from willful actions (omission) of the Carrier or have occurred not at the time of the air transportation.

18.4. Carrier’s Liability for Delays in Delivery of Passengers and Baggage

18.4.1. For a delay in delivery of a passenger, baggage or cargo to the destination point in air transportation in the territory of the Russian Federation the Carrier shall pay a penalty in the amount of twenty-five percent of the minimum wage set by the federal law for each hours of delay but no more than fifty percent of the carriage charge, unless it proves that the delay resulted from force majeure circumstances, remedy of a malfunction of the aircraft threatening life or health of passengers of the aircraft or any other circumstances beyond the Carrier’s control.

18.4.2. For a delay in delivery of a passenger, baggage or cargo to the destination point in international air transportation, the Carrier shall be liable in accordance with conventions relating to international air transportation, the ICAO documents and provisions of international agreements and conventions of the Russian Federation.

18.5. Amount of the Carrier’s Liability

18.5.1. For loss, shortage of or damage to baggage, cargo and a passenger’s carry-on luggage in air transportation in the territory of the Russian Federation the Carrier shall be liable as follows:

1. for loss, shortage of or damage to baggage, cargo accepted for air transportation with declaration of the value, in the amount of the declared value;
2. for loss, shortage of or damage to baggage, cargo accepted for air transportation without declaration of the value, in the amount of their value but no more than within the limits of amounts set forth by the federal law for a kilogram of weight of baggage or cargo;
3. for loss, shortage of or damage to the passenger’s carry-on luggage, in the amount of their value and in case it is impossible to determine such value, within the limits of the amount set forth by the federal law.

18.5.2. The value of baggage, cargo and a passenger’s carry-on luggage shall be determined on the basis of a price specified in the seller’s invoice or sale and purchase agreement and, in case there is no such price, based on an average price for similar goods existing in the place where the baggage or cargo was to be delivered on the day of voluntary satisfaction of such demand or on the day of issue of the court order, if the claim was not satisfied voluntarily.

18.5.3. For loss, shortage of or damage to baggage, cargo and a passenger’s carry-on luggage in international air transportation the Carrier shall be liable in accordance with conventions relating to international air transportation, the ICAO documents and provisions of international agreements and conventions of the Russian Federation.

18.6. Conditions excluding the Carrier’s Liability

18.6.1. The Carrier’s liability shall in no case exceed the amount of real damage caused.

18.6.2. The Carrier shall not be liable and shall not compensate loss for damage resulting, directly or indirectly, from its compliance with laws, regulations, rules and instructions of governmental authorities and these Regulations or from the passenger’s failure to comply with the same.

18.6.3. The Carrier shall not be liable for damages caused not through the Carrier’s fault or due to any other reasons beyond the Carrier’s control (including natural disaster, weather conditions, acts of illegal interference, requirements of governmental authorities, etc.).

18.6.4. The Carrier shall not be liable for death or injury of a passenger if such death or injury resulted from his/her health condition.

18.6.5. The Carrier shall not be liable to a passenger under a claim made by a person, or on behalf of such person, against the person who willfully caused damage resulting in death, personal injury of the passenger or damage to its baggage during transportation.

18.6.6. The Carrier shall be relieved from liability, if it proves that loss, shortage of or damage to baggage occurred due to circumstances which it could not prevent and the elimination of which was beyond the its control, in particular, due to:

1. fault of the person who checked in or received the baggage;
2. natural properties of items transported;
3. defects in packaging which could not be seen at visual inspection of the accepted baggage;
4. special properties of items or substances contained in the baggage which required special conditions or precaution measures during transportation and storage.

18.6.7. The Carrier shall not be liable:

1. for shortage of weight of baggage transported in case of its arrival and delivery to the passenger in proper packaging, without traces of theft or damage, unless the passenger proves that the shortage of baggage occurred or took place through the Carrier’s fault;
2. for delays in delivery of baggage due to circumstances beyond the Carrier’s control, including,
3. due to unfavorable weather conditions, natural disaster, interference in the transportation process of parties authorized for such interference, etc.;
4. for damage caused to fragile and nondurable things, money, jewelry, precious metals, silverware, securities and business papers, medicines, keys, passports, identification documents and other things that are not accepted as checked baggage, regardless of whether the Carrier was aware of the presence of such things in the baggage or not.

18.7. Passenger’s Liability

18.7.1. If the Carrier suffers damage due to a passenger’s fault, the passenger shall be materially liable within the limits of damage caused with a proven loss of profit./p>

18.7.2. The passenger shall be liable for non-fulfillment of:

1. instructions of the aircraft’s commander;
2. transportation rules;
3. rules of fire safety, sanitary, hygiene and anti-epidemic rules;
4. rules for transportation of dangerous substances or items;
5. flight safety rules (attempt to open the door or access way of the plane, refusal to fasten a seatbelt, illegal smoking, etc.).

18.7.3. The passenger shall be liable for disturbance of public order at air stations and city agencies, airports, air fields and aircrafts, including illegal actions against other passengers and the Carrier’s employees.

18.7.4. The limits of administrative and criminal liability shall be determined in accordance with the laws of the Russian Federation or legislation of the country of stay.

18.7.5. For loss, shortage of, damage to or delays in delivery of baggage, cargo and a passenger’s carry-on luggage in international air transportation the Carrier shall be liable in accordance with international agreements of the Russian Federation. Information on restriction of the Carrier’s liability to a passenger for a kilo of checked baggage in case of its loss or shortage during air transportation is provided in chapter «Notice of restriction of the Carrier’s liability for baggage».