Passengers carrier contract
THE MAIN TERMS OF THE CONTRACT OF THE PASSENGER TRANSPORT AND NOTIFICATION TO PASSENGERS OF FLIGHTS OF UZBEKISTAN AIRWAYS JSC
THE CONDITIONS OF THE CONTRACT OF CARRIAGE
1. Terms used in this document mean:
Ticket – passenger ticket and baggage receipt issued on behalf of the Carrier in paper form or in the form of an electronic ticket and containing the appropriate functional parts (coupons), as well as the conditions of the contract of carriage or links to them.
Transportation - means of transportation.
Carrier - all carriers that carry or undertake to carry the passenger and his baggage hereunder or carry out any other service related to this air transportation;
Electronic ticket – a record in the electronic databases of the Carrier, which includes the electronic flight coupons, passenger information, route, flights by which the passenger is transported, applicable tariffs, fees and payment methods, allowing to generate the itinerary.
Itinerary receipt /receipt (Itinerary/Receipt) – a document automatically generated by the system for the sale of passenger transportation, printed on paper or provided in the form of e-mails after registration and payment of the electronic ticket and containing the information on the transportation of the passenger.
Warsaw Convention - Convention for the unification of certain rules for international air transportation, signed in Warsaw on 12 October 1929 and amended by the Protocol signed at the Hague on 28 September 1955, depending on which of these documents can be applied to a real transportation.
2. The Contract of carriage to be performed hereunder by the Carrier, operating international or domestic airfreight or domestic air transportation or the international transportation, is subject to the rules and limitations of liability established by the Warsaw Convention and the legislation of the Republic of Uzbekistan.
3. To the extent that it is not contrary set forth in claim 2, transportation and other related services provided by the Carrier are governed by the provisions of the Contract, conditions, rules and requirements of the Carrier, as well as the rules of the applicable fares.
4. If the carriage is performed by more than one Carrier, each of them has the right to apply different terms and conditions of the contract of carriage and fare rules.
5. If a Carrier sells tickets for transportation on the routes of the other Carrier, it acts only as an agent of such Carrier.
6. The denomination of the Carrier on the ticket may be abbreviated. The full name and its abbreviation are contained in carrier's rates, conditions of carriage, regulations or timetables of the Carrier concerned. Address of the carrier shall be the departure airport, as opposed to the first abbreviated name of the carrier on the ticket. The agreed stopping places shall be the places indicated in the ticket issued to the passenger, or shown in the carrier's timetable as scheduled stopping places on the route. Transportation, executed under this contract by several carriers, is considered to be a single carriage.
7. Any exclusion or limitation of liability of the Carrier apply to it's agents, servants and representatives and any person whose aircraft is used by the Carrier for the carriage, as well as the agents, employees and representatives of such person.
8. Checked baggage will only be issued to the bearer of the baggage receipt.
9. The validity of the ticket is one year from the date of its issue, unless otherwise specified in the fare rules applied for the payment of carriage, or related regulations of the Carrier. The rate of carriage to be performed under the contract may be changed prior to the transportation. The carrier may refuse the transportation, if the fare for carriage have not been paid.
10. Ticket is only valid for the specified flight and date, and only to the person in whose name the ticket was issued.
11. Refund for fully or partially unused transportation is performed at the point of purchase of the ticket within one year from the date of ticket issuance if the carriage has not been performed on any of the sections of the route, or within a year of the date of departure on the first point of carriage, unless otherwise provided by the fare application rules and other rules of the Carrier.
12. The Carrier undertakes to use its best efforts to carry the passenger and baggage within reasonable time, acceptable by the passenger. In order to avoid cancellation or delay of the flight, the Carrier may offer the Passenger a flight on another aircraft with another Carrier and/or any other method of transportation without any additional surcharges. The time specified in the schedule and other documents is not part of this agreement. The schedule may be changed by the Carrier without notice.
13. The passenger must comply with all the requirements of the state authorities of the countries of departure, transit and destination on it's travel, to have an entry, exit and other necessary documents (passport or other legal identification card) and must arrive at the airport in time designated by the Carrier and sufficient to meet all state pre-flight formalities.
14. The carrier has the authority to transfer the passenger's personal data and all information concerning his personal reservation on the relevant flights to the national and foreign state authorities in cases, when these authorities will request the carrier of this in accordance with the statutory rules and regulations.
15. The carrier is entitled to refuse the Passenger in transportation, both initial and subsequent:
- if the passenger is not in possession of all necessary valid, with appropriate validity and duly executed documents (passport, other travel documents, visas, etc.) as required by the laws and regulations of the countries from, through and on the territory of which the carriage is performed;
- in order to prevent violations of relevant laws, rules, regulations and orders of governmental authorities in any country in the territory, from, through and on the territory of which the carriage is performed, including the provisions prohibiting the entry of a passenger;
- in order to ensure the safety of the flight, when a passenger is in a state of alcoholic or narcotic intoxication, or the mental and/or physical condition of the passenger is such that it requires the special assistance of the Carrier, creates a mess, causes substantial inconvenience to the other passengers, poses a danger or risk to the passenger, other persons and/or their property;
- in case of passenger's refusal to undergo the pre-flight inspection, follow the rules, instructions and guidelines of the Carrier;
- in case of the late arrival of the passenger at the time of the end of registration or boarding an aircraft;
- if a passenger violates the rules of conduct on the transport, carries out actions that can be considered as deliberate damage or disabling the property of the Carrier and others.
16. In case of denial of entry into the country of destination, the Carrier may charge the passenger for all costs incurred by the Carrier at the point of refusal of entry, during the expulsion and return transportation to that passenger. The passenger is inadmissible responsible for any such costs unless it is proved that the denial of entry and the return journey was the result of intentional negligent acts or omissions of employees or agents of the Carrier committed in the performance of official duties deliberately or through negligence and with knowledge of the implications of such actions. In these cases, the responsibility for reimbursement should be imposed on the perpetrators of such intentional or negligent acts, unless such persons can prove that they have taken all measures in order to avoid the damage or that such measures were impossible to undertake.
17. No agent, servant or representative of carrier has authority to change or waive any provision of this agreement.
IMPORTANT NOTICES TO THE PASSENGERS
NOTIFICATION ABOUT GOVERNMENT TAXES AND FEES
The ticket price may include taxes, fees and charges apply by the state administrative organs and airports in relation to Carriers. These taxes and fees, which may be a significant part of the cost of the ticket can be specified separately in a designated field in the ticket (under the TAX), or be included in the ticket price. You may also be asked to pay taxes or duties which have not been paid when purchasing the ticket.
NOTICE ON LIMITATION OF LIABILITY OF THE CARRIER ON THE FLIGHTS OF UZBEKISTAN AIRWAYS
Passengers whose carriage involves a destination or a stopover in the territory of the country that differs from the country of departure are notified that in regards of their transportation, including any period of it, are applied the provisions of the international Treaty of the Republic of Uzbekistan, known as The Warsaw Convention for the unification of certain rules for international carriage by air 12.10.1929 with changes and additions, signed at the Hague 28.09.1955, which regulates and limits the liability of the airline.
Passengers whose carriage involves a destination or a stopover on the territory of the Republic of Uzbekistan shall be notified that in relation to their carriage, including any period, are applicable the provisions of articles 112, 113, 114, 116, 117, 119, 120 of the Air Code of the Republic of Uzbekistan which govern and limit the liability of the airline.
For Your trip on the flights of Uzbekistan Airways are applicable the following limits of liability established by the Warsaw Convention, the additional Hague Protocol and the Air code of the Republic of Uzbekistan:
1. 16 600 Special Drawing Rights regarding death or bodily injury of a passenger. Under U.S. law, in respect of transportation to/from the US or air transportation with the agreed stopping place in the United States the limit of liability may not be lower than 75 000 dollars. This limit of liability of $ 75,000 US includes all legal costs and expenses, excluding fees and expenses reimbursement of which is covered separately under the law of the country where the claim was lodged. In this case, the limit of liability is considered an amount equal to 58000 dollars, excluding costs and expenses.
2. 17 Special drawing rights per kilo lost, damaged or delayed of the checked baggage and 332 Special drawing rights in case of unchecked baggage (hand baggage);
3. Regardless of these limits of liability, the passenger can increase the limit of liability of the Carrier for loss, damage or delay of baggage, declaring the value of his baggage during the check-in and paying an additional fee.
4. The Carrier is also liable for the payment of compensation and provision of compensatory services to the passengers who, in the presence of a confirmed booking and issued tickets were denied of seats because of the sale of seats on the flight in excess of the availability of seats in the cabin, and also in cases of flight delay associated with the Carrier.
The Carrier may deny the claim by the passenger or his legal representative in cases where :
- the person concerned is unable to provide the necessary evidence of the harm caused;
- the carrier will prove that the gross negligence of the victim itself contributed to the occurrence or increase of damage to his health or his / her baggage;
- there is no direct causal link between the performance of the agreement by the airline and the damages;
- damage during the carriage of luggage has appeared from the compliance on behalf of the Carrier with laws, regulations, orders and requirements of public authorities operating in the country of departure, transit or destination and/or because of their failure to comply with on the passenger's behalf;
- if the damage caused during the carriage of the luggage was the result of insufficient or improper packaging,
- inclusion in the transported property items defined by the rules of the Carrier as prohibited for air transportation. The carrier is not liable for fragile, valuable or perishable items carried in the checked baggage;
- if the cause of damage to the luggage of a passenger was the property contained in the passenger's baggage, excluding the cases where the Carrier and its authorised persons has caused such damage with their deliberate actions or gross negligence;
- if the damage caused to the luggage was caused by any uncontrollable cause, and it is proved that the Carrier and their authorized persons have taken all necessary measures to prevent the harm or that it was impossible.
If Your journey involves multiple Carriers, obtain information on the limits of liability of each of them, as to the other participating Carriers may be applied some additional limits of liability established by the Warsaw Convention 1929 and the Montreal Conventions for the unification of certain rules relating to the international carriage by air, depending on which of these documents can be applied. Detailed information about the conditions of occurrence of liability applicable for Your trip can be obtained from each Carrier, their authorized agents and the representatives on their official websites.
NOTICE OF DEADLINE FOR THE SUBMISSION OF CLAIMS AND LAWSUITS
For domestic flights a written claim to the Carrier may be filed within six months. This period is calculated:
- for claims on the shortage or damage to the baggage, and for delay in delivery of baggage - from the day of their issuance;
- claims for compensation of loss of baggage or mail - from the moment of expiry of the delivery;
- in all other cases - from the date of occurrence of the event giving rise to the claim.
In case of international transport the written claim to the Carrier may be brought:
- in case of damage or shortage of the received baggage if damage or shortage, but not later than 7 days from the date of receipt of the baggage;
- in case of delay in delivery - not later than 21 days from the date of the transfer of baggage at the disposal of the recipient;
- in case of the loss of Luggage - within two years from the date of arrival of the aircraft at the destination or from the date of termination of carriage.
In the absence of a written complaint, stated in a specified time, the claim against the Carrier can not be made.
Claims against the Carrier arising out of air carriage shall be filed no later than two years from the date of aircraft arrival to the destination or from the date when the aircraft should arrive, or from the date on which the carriage stopped at the option of the plaintiff: at the location of the Carrier, at the place where he has the Agency through which the contract of carriage was issued, in the appropriate court at the place of destination.
FARE RULES Consult the Carrier or its agent on the fare conditions when buying a ticket or making changes to the conditions of transport (flight, class of service, departure date, etc.). Failure to comply with this recommendation may lead to an increase in fare and/or additional costs, because the rules for application of some special fares provide for the application of fees for the cancellation of the flight or for the change of the booking in the tickets.
TRAVEL DOCUMENTS You cannot travel if you do not have the necessary valid documents such as passport or other legal identification documents, visas etc.) required by the legislation of the respective countries.
FLIGHT BOARDING DENIAL On a certain flight more tickets may be sold than the number of seats, and there is little likelihood that the flight has no available seats, even if You have a ticket with a confirmed reservation. The Carrier will attempt to find passengers willing to volunteer for denied boarding on the flight before sending the flight, before anyone is denied boarding. If Your boarding was denied, You will receive the payment and You will be sent on the next flight. You can check the rules on compensation in case of denied boarding on the flight with the Carrier.
REGISTRATION TIME The time specified in the ticket or itinerary receipt is the departure time of the aircraft. The departure time of the aircraft is not the time of check-in or boarding time. Check in time specified by the carrier, is the latest time passengers may be taken for transportation; pick-up time specified by the carrier, is the most late time of arrival of the passenger for boarding. In every airport there is the time of the end of registration. Deadline to register can be found when buying ticket on the Carrier's website and in its offices. You just need to check in for the flight no later than the time specified by the Carrier.
LUGGAGE Checked baggage. Luggage is registered for a single carriage to destinations identified in the route of the ticket presented for registration.
The Carrier permits a free checked baggage within the established norms, which can vary depending on the class of service and/or transportation route.
Carriers involved in the implementation of passenger transport, may impose additional fees for checked baggage in case of exceeding the permissible norms of transportation in their areas.
The Carrier is entitled to limit or refuse to accept baggage in excess of free baggage allowance. If a passenger has presented for the transportation the baggage in quantity greater than the specified allowance, such baggage is accepted for carriage only subject to availability of containers and subject to the payment of additional fees.
In regards of some items carried as checked baggage an increased value may be applied provided that the passenger has paid the additional fees.
The Carrier is not liable for fragile, valuable or perishable items carried in the checked baggage. The passenger shall carry his money, valuables and documents on him, not surrendering to the baggage.
Hand Luggage. Passenger may carry his hand luggage (bag etc.) in the cabin of the aircraft under his own responsibility. The total weight of this luggage should not exceed 8 kg for passengers of economy class and 10 kg for passengers of business class. The maximum size of the hand luggage on the sum of three dimensions not more than 115 cm in sum of three dimensions . It is recommended to carry a minimum amount of hand baggage.
A passenger may take into the aircraft cabin the following items, exceeding the limit, needed in flight:
- ladies' handbag, men's briefcase or folder for papers;
- camera, video camera;
- print publications for reading in flight;
- portable computer weighing less than 2 kg;
- nutrition for baby and children's road cradle;
- umbrella or a cane;
- coat, cloak or other item of outerwear;
- crutches (if they are necessary to a passenger in flight);
- one bag with purchases from a Duty-free shop weighing not more than 5 kg and no larger than 115 cm in sum of three dimensions.
If the carriage is performed by more than one Carrier, each carrier may have different requirements in respect of baggage (regarding the registered baggage and the hand Luggage).
DANGEROUS OBJECTS AND SUBSTANCES IN THE BAGGAGE For security purposes, dangerous goods must not be packed in the checked or unchecked baggage, unless otherwise allowed by the special permission.
Detailed information about the dangerous objects prohibited for transportation by air transport is provided by the Carrier on its website and in a special informational materials. Sample list of dangerous objects (including but not limited to) is as follows: compressed gases, corrosives, explosives, flammable liquids and solids, radioactive materials, oxidizing materials, poisons, infectious substances, and briefcases, and briefcases with installed devices for giving alarms. For security purposes other restrictions may be established.
Dangerous items and substances
In order to ensure the safety of the passengers a passenger should not carry on itself and in the baggage the following dangerous items and substances:
Compressed gases - flammable, nonflammable or poisonous: domestic gas, butane, oxygen, propane, liquid nitrogen, cylinders, scuba divers, charged gas cylinders;
Corrosive substances - acids, alkalis, batteries, mercury and apparatus containing mercury;
Explosives - ammunition, equipment, pyrotechnics, signal flares and flares;
Flammable liquids and solids - liquids for lighters and heating, matches and other flammable substances;
Briefcases and attaché cases with built-in warning devices;
Oxidizing agents - bleach and peroxide;
Poisons - arsenic, cyanide substances, insecticides, herbicides;
Infectious materials - bacteria, virus cultures;
Other dangerous items and substances – magnetized materials, aggressive and irritating substances, piercing and cutting items (knives of all types with a blade of 0.5 cm or more, scissors, knitting needles, skewers, manicure sets, etc.).
It is permitted to transport medical equipment and toiletries in limited quantities required for use of the passenger during transport, such as perfumes and medicines containing alcohol.