Chapter IX. The rights of the carrier, passenger and consignor


 
 

Article 9.1. The rights of the carrier


9.1.1. The Carrier has the right to, without prior notice, cancel, postpone or delay flights, change the route stipulated in the timetable (or flight plan), or to change the point of landing, if such actions are necessary to ensure flight safety and aviation safety.

9.1.2. The Carrier may unilaterally dissolve a contract of transportation of a passenger, or a contract of transportation of cargo in the following cases:
  • a) violation by the passenger, consignee, the consignor of passport, customs, sanitary and other requirements established by Russian law concerning transportation by air, as well as the rules set by the relevant agencies in the state of departure, destination or transit;
  • b) refusal by the passenger, cargo owner or consignor to fulfil the requirements made of them by these regulations;
  • c) if the passenger's state of health requires special conditions of transportation by air, or threatens the safety of the passenger or other people;
  • d) refusal by the passenger to pay for the transportation of his/her baggage if its weight exceeds the limits set by the free baggage allowance or if it is subject to compulsory payment;
  • e) refusal by the passenger pay for the transportation of a child travelling with him/her for a concessionary fare, except in the cases of the free transportation of a child no older than 2 and not allocated a separate seat;
  • f) violations by a passenger of the rules of conduct on board the aircraft, constituting a threat to flight safety or to the life or health of other people, as well as a passenger's failure to carry out the orders of the pilot-in-command pursuant to Article 58 of the Air Code of the Russian Federation;
  • g) the presence in carry-on items, or baggage, or cargo, of articles or substances prohibited from transportation by air.

9.1.3. Should a contract of transportation by air of a passenger or cargo be dissolved on the Carrier's initiative, the sum paid for the unperformed transportation by air shall be refunded to the passenger, cargo owner or consignor in accordance with the Carrier's fare rules, except in the cases covered in clause f) of point 9.1.2 of the present article. In the cases covered in clause е) of point 9.1.2 of the present article, the sum paid by the passenger for transportation by air will not be refunded.

 

Article 9.2. The rights of the passenger and consignor


9.2.1. The rights of the passenger and consignor are defined by the contract of transportation of passengers, or the contract of transportation of cargo, presented in the documents of transportation, as well as by these regulations.

9.2.2. The passenger or consignor has the right unilaterally to dissolve a contract of transportation by air and to voluntarily withdraw from transportation at the airport of departure, transit or transfer, providing he/she gives the Carrier due notice.

9.2.3. A passenger or consignor who voluntarily withdraws from transportation may be refunded the cost of the unused transportation paid for, according to the Carrier's fare rules.

9.2.4. The passenger or consignor also has the right unilaterally to dissolve a contract of transportation and to withdraw from a flight, or withdraw cargo from a flight, if the Carrier fails to perform transportation of the passenger, baggage or cargo in accordance with the procedures specified in the contract.

9.2.5. If the passenger (or consignor or consignee) is forced to withdraw from transportation, the Carrier is obliged to transport the passenger (or cargo), with his/her approval, at the earliest opportunity to the point of destination specified in the document of transportation passenger (consignor/the consignee), or to refund the passenger (or consignor or consignee) the cost of transportation, or part of the cost of transportation of an unperformed leg of the journey, without deduction of charges.

9.2.6. A passenger's withdrawal from a flight shall be considered forced if:
  • the Carrier cancels or delays a scheduled flight specified in a document of transportation;
  • the Carrier's aircraft fails to land at the intermediate airport or airport of destination, stipulated by the timetable;
  • the Carrier is unable to allocate the passenger a seat on the aircraft in the requested class of service for the flight and date specified in the document of transportation;
  • the aircraft making the scheduled flight has to return to the airport of departure;
  • the passenger misses a scheduled connecting flight specified in a document of transportation because the aircraft bringing him/her to the airport of transfer is late getting there (this includes cases where the transportation to or from the airport of transfer involves different documents of transportation and different carriers);
  • the passenger misses a scheduled connecting flight specified in a document of transportation as a result of being delayed at the airport of departure because of the length of time taken for him/her to go through an extra security check if no substances or articles prohibited on the flight are discovered during the baggage or personal inspection;
  • the aircraft making the scheduled flight lands at an airport not specified in the contract of transportation by air;
  • the passenger or a member of his/her family flying with him/her, as confirmed by documents of transportation, becomes too ill to fly and this is confirmed by medical documents;
  • the document of carriage is made out incorrectly (this includes cases where carriage has not been reserved in the proper manner);
  • the passenger misses a flight for reasons other than the ones listed above for which the Carrier is at fault.

9.2.7. A consignor's withdrawal of cargo from transportation shall be considered forced if:
  • the cargo is not sent from the airport of departure by the time specified in the document of transportation;
  • the aircraft carrying the cargo lands at an airport that is not the airport of destination according to the documents of transportation, and the cargo is delayed there;
  • the transportation of the cargo is delayed at a transfer airport for longer than the time stipulated by the document of transportation;
  • the cargo is delivered to an airport that is not the airport of destination according to the documents of transportation.

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