Chapter X. Liability of the carrier, passenger and consignor


 
 

Article 10.1. General principles


10.1.1. The Carrier is liable with regard to the passenger and the consignor (or consignee) as stipulated by Russian law, the international agreements to which the Russian Federation is a party, and the contract of transportation by air of passengers or the contract of the transportation by air of cargo.

10.1.2. The Carrier, passenger, consignor and the consignee are liable for violations of customs, currency, sanitation, quarantine and other regulations, in accordance with Russian law.

 

Article 10.2. The Carrier's liability for passenger injury or death


10.2.1. The Carrier's liability for any passenger injury or death occurring during transportation by air within the territory of the Russian Federation is determined in accordance with current Russian law, if a higher level of Carrier liability is not stipulated by the contract of transportation by air of the passenger, and in the case of international transportation by the international agreements to which the Russian Federation is a party.

 

Article 10.3. The Carrier's liability for the loss, shortage or damage (or deterioration) of baggage, cargo and carry-on items


10.3.1. The Carrier is liable for the loss, shortage or damage (or deterioration) of checked baggage or cargo from the moment it accepts for transportation until it hands them over to the passenger/consignee or, in accordance with the established regulations, to another private citizen or legal entity, if it cannot prove that it took all necessary measures to prevent the damage, or that it was impossible to take such measures.

10.3.2. The Carrier is liable for the safe-keeping of carry-on items if it cannot prove that the loss, shortage or damage (or deterioration) of these items was due to circumstances relating to the transportation process that the Carrier could not have prevented and which it was not the Carrier's responsibility to eliminate, or was due to the intent of the passenger.

10.3.3. The Carrier is liable for the loss, shortage or damage (or deterioration) of baggage or cargo if cannot prove that these were not due to deliberate actions (or inaction) on the part of the Carrier, or that they did not occur during the transportation.

 

Article 10.4. The amounts for which the Carrier is liable in connection with the loss, shortage or damage (or deterioration) of baggage, cargo and carry-on items


10.4.1. In the case of transportation by air within the territory of the Russian Federation, the Carrier is liable in the following amounts for the loss, shortage or damage (or deterioration) of baggage, cargo and carry-on items :
  • ­for the loss, shortage or damage (or deterioration) of baggage or cargo, accepted for transportation with a declared value: in the amount of the declared value;
  • ­for the loss, shortage or damage (or deterioration) of baggage, cargo, accepted for transportation without a declared value in the amount of their cost, but no more than twice the minimum monthly wage established by federal law per kilogram of the weight of the baggage or cargo;
  • ­for loss, shortage or damage (or deterioration) of carry-on items: in the amount of their cost, and if this cannot be established, in the amount of no more than ten times the minimum monthly wage, established by federal law.

10.4.2. The cost of the baggage, cargo and carry-on items shall be determined on the basis of the price indicated in the seller's account or specified by the contract. If this is not possible, it is derived from the average price for similar goods at the place where the baggage or cargo was to be delivered, either on the day the claim is satisfied voluntarily or on the day a court ruling is given if the claim is not satisfied voluntarily.

10.4.3. In the case of international transportation by air, the Carrier is liable for the loss, shortage or damage (or deterioration) of baggage, cargo and carry-on items in accordance with the conventions on international transportation by air, ICAO documents, and the provisions of the international treaties and agreements to which the Russian Federation is a party.

 

Article 10.5. The Carrier's liability for delayed delivery of passengers, baggage or cargo


10.5.1. In the case of transportation by air within the territory of the Russian Federation, if the Carrier does not deliver the passengers, baggage or cargo to the point of destination on time, it shall pay a fine equivalent to twenty-five per cent of the minimum monthly wage established by federal law for each hour of the delay, but no more than fifty per cent of the cost of transportation, if it cannot prove that the delay was due to force majeure, or to the need to eliminate faults in the aircraft threatening the life or health of the passengers, or to other circumstances beyond its control.

10.5.2. In the case of international transportation by air, if the Carrier does not deliver the passengers, baggage or cargo to the point of destination on time, it is liable in accordance with the conventions on international transportation by air, ICAO documents, and the provisions of the international treaties and agreements to which the Russian Federation is a party.

 

Article 10.6. The consignor's liabilities


The Consignor is liable for the accuracy of the information he/she provides the Carrier and customs, border and other services, as well as for any harm suffered, as a result of any inaccuracy or incompleteness in it, to the Carrier or any person to whom the Carrier is liable.

 

Article 10.7. The passenger's liabilities


If the Carrier suffers damages through the fault of the passenger, the passenger is materially liable to the extent of the damage suffered.

 

Article 10.8. Agreements on increasing the Carrier's liability limits


The Carrier has the right to conclude agreements with passengers, consignors or consignees on increasing its liability limits compared to the limits established by the Air Code of the Russian Federation and/or the international agreements to which the Russian Federation is a party.

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