Chapter XI. The procedure for bringing actions, claims and lawsuits

Article 11.1. General principles
Article 11.2. Persons with the right to bring an action in the case of a violation of a contract of transportation by air of a passenger or a contract for transporta by air of cargo
Article 11.3. Time limitations on claims against the Carrier
Article 11.4. The procedure for bringing claims

Article 11.1. General principles

11.1.1.	At the request of the passenger, consignor or consignee, and upon presentation by one of them of the documents of transportation, the Carrier is obliged to draw up a statement of damage. The statement of damage certifies the circumstances that can serve as the basis for the property accountability of the Carrier, the passenger, consignor or consignee.
11.1.2.	The act shall be drawn up when the baggage or cargo is being handed over for certification in the following circumstances: inconsistency of the actual name, weight or number of items of the cargo with the information given in the document of transportation; damage (or deterioration) to the cargo; shortage of or damage (or deterioration) of the checked baggage; discovery of baggage or cargo without documents of transportation, or of documents of transportation without baggage or cargo.
11.1.3.	Should any violation of a contract of transportation by air of a passenger, or of a contract of transportation by air of cargo, be discovered, an action or claim may be brought against the Carrier.

Article 11.2. Persons with the right to bring an action in the case of a violation of a contract of transportation by air of a passenger or a contract for transporta by air of cargo

11.2.1.

In the case of a violation of a contract of transportation by air of a passenger, the following have the right to bring a claim or lawsuit against the Carrier:

in the case of loss, shortage or damage (or deterioration) of checked baggage, as well as a delay in its delivery: the passenger or a person authorised by the latter, upon presentation of a baggage check and a statement of damage;
in the case of termination of to the contract of transportation by air of a passenger at the Carrier's initiative: the passenger.

11.2.2.

In the case of a violation of a contract of transportation by air of cargo, the following have the right to bring a claim or lawsuit against the Carrier:

in the case of loss of cargo: the consignee, upon presentation of the air waybill issued by the Carrier to the consignor, with a note from the airport of destination on the arrival (or non-arrival) of the cargo, or, if it is not possible to present such an air waybill, a document confirming payment of the cost of the cargo and a certificate from the Carrier stating that the cargo has been shipped, with a note from the airport of destination on the arrival (or non-arrival) of the cargo;
in the case of shortage or damage (or deterioration) of the cargo: the consignee, upon presentation of the air waybill or statement of damage;
in the case of a delay in the delivery of the cargo the consignee, upon presentation of the air waybill;
the insurer, upon presentation of relevant documents of transportation and documents confirming the conclusion of an insurance contract and payment of compensation.

Article 11.3. Time limitations on claims against the Carrier

11.3.1.	In the case of air transportation within the territory of the Russian Federation, claims against the Carrier may be brought within a period of six months. This time limit is determined thus: for compensation for damages in the case of shortage or damage (or deterioration) of the cargo, as well as in the case of a delay in its delivery: from the day after the day the cargo is handed over; for compensation for damages in the case of loss of cargo: within ten days of the expiration of the delivery deadline; for compensation for damages in all other cases: from the day the event constituting grounds for the claims takes place.
11.3.2.	In the case of international air transportation, the time limitations for bringing claims against the Carrier are as follows: in the case of damage (or deterioration) of checked baggage or cargo: seven days from the day the baggage is received and up to fourteen days from the day the cargo is received; in the case of a delay in the delivery of checked baggage or cargo: twenty-one days from the day the baggage or cargo is handed over to the disposal of a person who has the right to receive it; in the case of loss of baggage or cargo: eighteen months from the day of the aircraft's arrival at the airport of destination, from the day the aircraft should have arrived, or from the day the transportation by air is discontinued.
11.3.3.	The Carrier has the right to admit for consideration a claim brought after the time limit has expired, if it deems the reason why the deadline for making the claim has been missed legitimate.

Article 11.4. The procedure for bringing claims

11.4.1.	Claims being brought must be set out in writing in a claim form and must contain all the information required for them to be considered.
11.4.2.	The claim form must specify: the name of the Carrier against which the claim is being made; the name and address of the institution, business, organisation or individual bringing the claim; the circumstances giving grounds for the claim, and the substance of the claim; the amount claimed and documented confirmation of it; a list of the documents appended to the claim.
11.4.3.	The following must be appended to the claim form: authentic documents confirming the conclusion of a contract of transportation and confirming the claimant's right to bring the claim; an act issued by the Carrier, confirming the fact of shortage or damage to the baggage or cargo; a document confirming the extent of the harm, loss suffered, shortage or damage to the baggage or cargo. A claim form submitted without the abovementioned documents will be returned to the claimant within 10 days of its receipt along with appended documents and an indication of the reason why it has been returned. The deadline set for bringing the claim will not be extended.
11.4.4.	The absence of a statement of damage does not deprive the passenger, consignor or consignee of the right to bring a claim or lawsuit.