Termination of a passenger air transportation agreement, cargo transportation agreement.

Termination of a passenger air transportation agreement, cargo transportation agreement.

5.1. Passenger’s Refusal from Air Transportation.

5.1.1. The Passenger has the right to refuse the carriage in the order established by the laws of the Russian Federation. The refusal shall be deemed forced in one of the following cases:

1. cancellation or delay of the flight specified in the itinerary receipt;
2. change of carriage routing performed by the Carrier;
3. the unscheduled flight;
4. failed departure of the Passenger due to impossibility to provide the Passenger with the flight seat at the date indicated in the itinerary receipt;
5. failed Passenger transportation by the aircraft caused by the Passenger delaying in the airport due to long-lasting Passenger screening, if there has not been detected any substances or items prohibited for carriage during the luggage inspection or personal check of the Passenger;
6. failure to provide the connecting flights in case of performing a single carriage;
7. illness of the Passenger or any member of his family or a close relative jointly travelling with him on the aircraft, which is confirmed by the medical records; or death of a family member or close relative, which is documentarily evidenced, provided that the Carrier has been notified thereof before the expiry of the Passenger check-in time for the flight specified in the itinerary receipt.
8. illness of the Passenger or any member of his family or a close relative jointly travelling with him on the aircraft shall be the reason for the Passenger’s forced refusal from the carriage if confirmed by the medical documents as regards contraindications to the flight on the date of aircraft departure specified in the itinerary receipt;
9. in case of the Passenger’s death on the rout;
10. in case of death of the Passenger’s family member who started travelling.

    The refund of the payments in case of illness of the Passenger or any member of his family or a close relative jointly travelling with him on the aircraft, shall be effectuated provided that the Carrier has been notified about such fact before the end of the term of the Passenger check-in on the flight specified in the itinerary receipt (which is set, in accordance with the Federal Aviation Rules), and provided that the relevant medical documents (any of the below mentioned) have been submitted.

    Types of medical documents – medical certificate, an extract from the medical records of outpatient or inpatient (Form N 027/y), or discharge summary.

    Requirements to the medical documents specified:

    1. Original or certified copy of a medical document.
    2. The medical document shall include the following information:
       • legible name and address of the medical institution that has issued the document;
       • the surname, first name, and patronymic of a patient, date of his birth;
       • illness period (in the extract from the medical records of outpatient and inpatient, discharge summary) or an indication of the Passenger’s contraindications for the flight on the date of aircraft departure specified in the itinerary receipt (in the medical certificate);
       • legible title and surname of a person who has issued the medical document;
       • date of the medical document issue;
       • seal/stamp of the institution that has issued the medical document.

    Medical document issued outside the territory of the Russian Federation shall be accompanied by its translation into Russian, certified by a notary.

    If the requirement of a notarized translation of the medical documents into Russian is in contradiction to the laws of the country of the Passenger appeal, the medical documents shall be certified by the signature and seal of the Representative of the Carrier on the territory of the Passenger’s appeal, or appeal of the person substituting him.

    Spouses, parents, and children (adoptive parents and adopted children) shall be deemed the family members, and the grandparents and grandchildren, full and half brothers and sisters shall be deemed the close relatives.

11. does not provide passenger service in the class specified in the itinerary receipt;
12. improper issuance of the ticket by the carrier or authorised agent.

5.1.2. The Carrier shall recognize the refusal of the Passenger from carriage as forced also in some other cases. In case of forced refusal of the Passenger from carriage or the Passenger’s forced change of the conditions of the Air Transportation Agreement, the Carrier makes a note in the carriage document or gives the Passenger a document confirming the circumstances specified in clause 5.1.1. hereof or in other cases established by the Federal Aviation Rules. The Passenger’s refusal from carriage in the cases, not specified in clause 5.1.1. hereof shall be deemed voluntary refusal from carriage.

5.1.3. A passenger’s voluntary alteration of terms of a passenger air transportation agreement, a cargo air transportation agreement is performed upon agreement between the carrier and a passenger, consigner according to terms of an applied rate. A passenger’s alteration of a transportation route (alteration of points between which transportation is performed, refusal from flight at one or several sectors of a transportation route), alteration of flight date and time, alteration of service class, applied rate and other alterations of a passenger air transportation agreement are made within validity terms of a passenger transportation obligation, except for cases of a passenger’s forced alteration of a passenger air transportation agreement.

Carriage charge in case of a passenger’s alteration of a passenger air transportation agreement is recalculated pursuant to a procedure settled by Regulation of Formation and Application of Rates for Scheduled Air Transportation of Passengers and Baggage, Charging in the Field of Civil Aviation approved by Order No. 155 of the Ministry of Transport of the Russian Federation of September 25, 2008.

5.2. Refusal to Transport a Passenger

The carrier may terminate a passenger air transportation agreement unilaterally in the following cases:

1. a passenger’s violation of passport, customs, sanitary and other requirements settled by legislation of the Russian Federation insofar as air transportation and also Regulations determined by relevant departure, destination and transfer authorities in case of international air transportation;
2. a passenger’s refusal to fulfill requirements set forth by federal aviation Regulations;
3. if passenger’s health condition requires special conditions of air transportation or threatens safety of this passenger or other people, which is confirmed by medical documents, and also makes disorder and irremovable discomforts to other people;
4. a passenger’s refusal to pay transportation of the baggage in a size and on conditions which are provided by the contract of air transportation of the passenger;
5. an aircraft passenger’s refusal to pay for transportation of a child travelling with him/her, except for cases stipulated in Sub-article 3 of Article 2 of Chapter106 of the Air Code of the Russian Federation;
6. an aircraft passenger’s violation of rules of behavior aboard an aircraft that threatens flight safety or life and safety of other people and also a passenger’s non-performance of an aircraft commander’s instructions given pursuant to Chapter 58 of the Air Code of the Russian Federation;
7. presence among items kept by a passenger and in his/her baggage items or substances prohibited for transportation.