Passengers carrier contract
GENERAL CONDITIONS OF THE CONTRACT FOR PASSENGER AND BAGGAGE CARRIAGE
1. BASIC PROVISIONS
1.1. On transportation (international, domestic or domestic air transportation within the framework of international transportation) carried out under this contract apply the rules and limitations of responsibility established by:
- the convention for the unification of certain rules, relating to International air carriage (Warsaw Convention, 1929);
- The Hague protocol (Protocol on amendments to the convention for the unification of certain rules relating to International air carriage, 1955);
- Montreal protocols No. 1, No. 2, No. 4 of 1975 on convention modification for the unification of certain rules relating to International air carriage, signed in Warsaw on October 12, 1929 and modified by the protocol made at The Hague on September 28, 1955;
- By convention supplementary to the Warsaw convention of 1929, for the unification of certain rules concerning International air carriage carried out by persons who are not carriers under the contract. Guadalajara 1961;
- The legislation of the Republic of Uzbekistan.
Any exclusion or limitation of the carrier's responsibility applies to agents, employees or representatives of the carrier, as well as to any person whose aircraft is used for carriage by the carrier, agents, employees or representatives of such person.
1.2. To the extent that this does not contradict the one set in clause 1.1, the carriage performed under this contract and the services provided by the carrier are subject to the rules of the tariffs used to pay for carriage and services, as well as the conditions of carriage and related rules established by the carrier and which is part of this contract.
1.3. The terms of this contract of carriage apply to both scheduled carriage and carriage by charter contracts, unless otherwise provided by the terms of the charter contract.
1.4. When performing carriage on flights with joint using of codes (code-share), use the terms of the contract of the airline operating the flight.
1.5. If the carriage is performed by more than one Carrier, each of them has the right to apply its own rules and conditions of the contract of carriage, rules for the application of tariffs, as well as requirements for both checked baggage and carry-on baggage. A carrier issuing a ticket for carriage on flights of another carrier acts only as an agent of the latter.
1.6. Carriage performed on a single ticket by several Carriers is considered a single carriage.
1.7. When booking seats and issuing an air ticket, the passenger must provide:
− contact information (the contact phone number, which will be used for communication, including during the passenger's journey, as well as the e-mail address * constantly available to the passenger) so that the Carrier has the opportunity to notify the passenger about planned and unplanned changes in the schedule. If the passenger refuses to provide contact details and there is a need to notify the passenger about changes in the schedule, the Carrier may not be responsible for payment of monetary compensation in case of delay in accommodation on board or delay in arrival at the destination.
*The e-mail address is not a mandatory element. It is entered at the request of the passenger.
− Information about the services that are necessary for passengers of special categories (passengers with small children, unaccompanied children, passengers with physical or mental disabilities, sick passengers, passengers with reduced mobility, etc.) in order for such information to be displayed in the booking system and the check-in system and the passenger could be provided with the necessary assistance.
1.8. The carrier carries out booking of transportation and sale of air tickets with the obligatory provision of personal data by the passenger and undertakes not to disclose such data and to comply with all legal requirements established for their processing and storage. The passenger agrees to the transfer of his personal data to the automated booking and registration system of passengers, other automated systems and to the fact that the Carrier could process the passenger's personal data, including the operations of booking a seat and additional services, issuing a ticket and other payment documents, changing the conditions of the carriage agreement, refusal of carriage, and also, if necessary, the transfer of the passenger's personal data only to authorized state authorities and at their request in accordance with the requirements of applicable law, including in cases where such transfer is a cross-border transfer of personal data. The processing of personal data of a passenger in the context of these conditions means any action or a set of actions performed by the carrier in the framework of the fulfillment of its obligations under the contract of carriage, as well as for the purpose of preparing personalized offers for the passenger regarding the services of the Carrier, including collection, recording, systematization, accumulation, storage, updating, modification, extraction, using, transfer, depersonalization, blocking, deletion, destruction of personal data.
The state authorities that have been provided with personal data of a passenger in accordance with a legal obligation to carry out their official mission should not be considered recipients if they receive personal data that is necessary for a specific investigation in the public interest.
1.9. An air ticket issued both in electronic form and on paper is evidence of the conclusion of an agreement between the passenger and the carrier. Buying a ticket, the passenger confirms his agreement with the terms of this contract.
1.10. The ticket is valid for the flight and date indicated in it, and only for the person in whose name it is issued.
1.11. The ticket is valid for one year from the date of issue, unless otherwise established by the rules of the tariff used to pay for carriage or other rules of the Carrier.
1.12. The name of the Carrier on the ticket may be abbreviated. The full name and its abbreviation are contained in the tariff directories, terms of carriage, rules and timetables of the respective Carrier. The address of the Carrier must be the airport of departure indicated on the ticket opposite the first abbreviated name of the carrier.
1.13. The agreed stopping points are the points indicated in the ticket issued to the passenger or indicated in the carrier's schedule as stopping points on the route.
1.14. The carrier undertakes to take all measures in his power to transport the passenger and baggage within a reasonable and acceptable time for the passenger. The Carrier may offer the passenger a flight on another aircraft, by another Carrier flight and / or in any other way of transportation. The time indicated in the schedule and other documents is not guaranteed and does not form part of this contract. The carrier has the right to cancel or delay the flight indicated in the ticket, change the type of aircraft, change the route of transportation, including change or cancel boarding at the points indicated in the ticket, if this is required by the conditions of flight safety and / or aviation security, as well as the requirement of state authorities.
1.15. In the event of a change in the schedule for the aircraft movement, the carrier undertakes to take all measures to inform the passengers with whom an air carriage agreement has been concluded. The carrier is not responsible for failure to notify the passenger of a change in the flight schedule, change of the departure / arrival airport, flight cancellation or changes in any other schedule parameters in the event, if, when booking air transportation, the passenger did not provide his contact information (phone number, e-mail address, etc.) or the carrier was unable to contact the passenger using the provided contacts, having applied at least twice for each of them, including as a result of the passenger providing incorrect or unavailable contact information during his trip.
1.16. The carrier is not responsible for the loss by the passenger of the opportunity to be accommodated on board the connecting flight if the passenger was transported from the connecting point on the route with a separate ticket.
1.17. The passenger must comply with all the requirements of the state authorities of the countries of departure, destination and transit regarding transportation, have entry, exit and other appropriate documents (passport, other legal identity card, visas, medical certificates, etc.) and must arrive at the airport by the time designated by the carrier and sufficient to complete all preflight state formalities.
1.18. The passenger is obliged to present at check-in all baggage and carry-on baggage, as well as personal belongings carried with him. If checked baggage exceeds the free baggage allowance established for the paid tariff, and / or when transporting paid baggage of special categories, the passenger must pay for such baggage at the rates established by the Carrier. If the weight or overall size of carry-on baggage is exceeded or otherwise the carriage of carry-on baggage does not comply with the rules established by the Carrier, the passenger is obliged to pass it for transportation as checked baggage in the manner and under the conditions stipulated by the rules of “Uzbekistan Airways” JSC. The Carrier has the right to terminate the air carriage agreement if the passenger of the aircraft refuses to pay for the carriage of his paid baggage (including hand baggage to be passed in as checked baggage at the request of the Carrier).
1.19. The passenger is responsible to other passengers, third parties, as well as to “Uzbekistan airways” JSC in case of damage to their property, life and health by their actions related to improper packing of baggage and hand luggage, things carried in the aircraft cabin, and also for the carriage of items and substances prohibited or restricted for air carriage.
1.20. Checked baggage will only be given to the bearer of the baggage tag. If it is impossible to present a tear-off coupon of a numbered baggage tag, the baggage can be given to the passenger only on condition that proof of rights to this baggage is presented.
1.21. Termination of the contract for the carriage of passengers and baggage on the initiative of the Carrier may occur at any point along the route of carriage in the following cases:
- when the passenger does not have with him all the necessary, valid, with the appropriate validity and duly executed documents (passport, other travel documents, visas, etc.) required by the state laws and regulations of the countries from the territory through the territory and to the territory of which the transportation is carried out;
- violation by the passenger of customs, border, sanitary and quarantine and other requirements related to air transportation and established by the legislation of the country of departure, destination and transit;
- if the passenger's health requires special conditions for air carriage or threatens the safety of the passenger or other persons, which is confirmed by medical documents, and also creates disorder on board the aircraft and does not allow the carrier to provide other passengers with the services provided for by the terms of the contract of carriage;
- when a passenger is intoxicated with alcohol or drugs, his mental and / or physical condition is such that they require special assistance from the carrier, create disorder, cause significant inconvenience to other passengers, pose a danger or risk to the passenger himself, other persons and / or their property;
- delay of the passenger by the time of the end of check-in and / or boarding the aircraft;
- refusal of a passenger to undergo pre-flight inspection to comply with aviation security requirements;
- violation by the passenger of the rules of conduct on board the aircraft, which poses a threat to flight safety or a threat to the life or health of persons on board the aircraft and property;
- passenger refusal to comply with the requirements established by the rules of air transportation.
1.22. The passenger has the right to terminate the air carriage agreement at any time during the validity of the agreement - before the departure of the aircraft on which the seat was reserved for the passenger at one of the points on the route and receive the entire amount or part of the amount paid for the carriage in the manner determined by the rules of application carrier tariffs. In case of voluntary cancellation of the flight, a penalty fee (penalty) may be levied from the passenger, the amount of which depends on the conditions of the tariff applied to pay for the carriage.
1.23. If the passenger cannot use the seat reserved for him on any part of the transportation route, he has to inform the Carrier about this by contacting his authorized agent. If the passenger has not done this, then after the departure of the flight on which he did not use the seat reserved for him, all subsequent sections of the transportation route are automatically cancelled by the booking system without notifying the passenger.
1.24. Refunds are made at the point of purchase of the ticket within one year from the date of issue of the ticket, if the carriage was not performed on any of the route sections, or within a year from the date of departure on the first part of carriage, unless otherwise provided by the tariff rules and other Carrier’s rules.
1.25. Refunds are made to the person who paid for the carriage, unless such person has ordered otherwise. If the passenger refuses to air carriage, the payment for which was made by a legal entity or sponsor, the refund is made only to such a legal entity or sponsor.
1.26. If a passenger is denied entry to the country of destination, he is responsible for any costs incurred by the Carrier as a result. The carrier has the right to surcharge all such expenses from the passenger.
1.27. None of the agents, employees or representatives of the carrier has the right to change or cancel the provisions of this contract.
2. IMPORTANT NOTIFICATIONS TO PASSENGERS
2.1. Government tax and fee notice
The ticket price include taxes, duties and fees that are applied by government authorities and airports to Carriers. These taxes and fees, which constitute a significant part of the ticket price, can be indicated separately in a specially designated field in the ticket (column TAX). The passenger may be asked to pay taxes or fees that were not paid when purchasing the ticket.
2.2. Notice to passengers on limitation of the Carrier's responsibility
The following limits of responsibility established by the Warsaw convention, additional to it Hague 1956 and the Montreal Protocols of 1975 and the Air Code of the Republic of Uzbekistan, are applied to carriage on the flights of “UZBEKISTAN AIRWAYS” JSC:
- 16 600 special drawing rights (SDR) for death or personal injury of a passenger. The exception applies to carriage to / from the USA or carriage with an agreed stopping point in the USA where the US law limit of responsibility cannot be less than $ 75 000. This limit of responsibility includes legal costs and expenses, excluding costs and expenses that are separately reimbursed under the law of the country where the claim is being made. In this case, the limit of responsibility is $ 58 000, excluding legal fees and costs;
- 17 special drawing rights per kilogram of lost, damaged or delayed checked baggage and 332 special drawing rights for unchecked baggage (hand baggage);
- Regardless of the specified limits of responsibility, the passenger may increase the Carrier's limit of responsibility for loss, damage or delay of baggage by declaring the value of their baggage during check-in and paying an additional fee;
- The carrier may limit its responsibility for fragile, valuable or perishable items carried in checked baggage. The passenger must carry money, valuables and documents with him, without checking in luggage.
The Carrier is also responsible for paying compensations and providing compensating services to passengers who, with a confirmed booking and a issued ticket, were denied a seat on board or in cases of delayed departure due to the actions or inaction of the Carrier. If the carriage is carried out by several Carriers, it is recommended to obtain information on the limits of responsibility from each of them, since other participating Carriers may be subject to other limits of responsibility than those established on the flights of “Uzbekistan airways” JSC.
Detailed information on the limits and conditions of responsibility can be obtained from each Carrier, their authorized agents and representatives, as well as on their official websites.
2.3. Tariff rules notifications
When buying an air ticket or making changes to the conditions of carriage (flight, class of service, departure date, etc.) by the passenger, you should obtain full information on the terms of the fare used for payment from the ticket sales agent, call center or on the official website of the airline. Air ticket, since the rules for the application of special fares provide for various restrictions on the execution of the contract of carriage, such as:
- prohibition or restrictions on changing the departure date;
- levying of fees for changing the departure date;
- permission to change the departure date with a surcharge up to a higher level;
- levying penalty fees when refunding amounts paid for transportation, or refunding only amounts paid by a passenger not in favor of the carrier (for example, airport taxes) when a passenger voluntarily refunds an air ticket;
- limitation of the free allowance of checked baggage;
- limitation the number of permitted intermediate stops on a route longer than 24 hours and requiring additional payment for such stops;
- an indication of the minimum and maximum duration of stay at the destination;
- limitation of the number of seats for which the airline can sell tickets at a certain special tariff;
- provision of some additional services related to the execution of the passenger carriage agreement, only if they are additionally paid;
- other limitations allowing the Carrier to reduce the cost of performing the transportation service and making it possible to set special tariffs at a lower level.
2.4. Refusal to be accommodated on board
When changing the type of aircraft operating the flight, changing the schedule, as well as when the airline applies measures to reduce the risks of no-show of passengers for the flight, there is an insignificant possibility that it will not be possible to accommodate all passengers who have tickets with a confirmed booking on the flight. Before any of the passengers are denied accommodation on board, the Carrier will contact passengers who are willing to voluntarily refuse to fly on this flight, offering a flight on another next flight, compensation and bonuses for inconveniences, accommodation, if necessary, in a hotel for a while delays. In the absence of volunteers, the decision to delay passengers is made by the Carrier itself, and passengers who are denied accommodation on board are provided with monetary compensation or services that replace it, as well as food and hotel accommodation, if necessary.
2.5. Checked baggage
Baggage is checked in for a one carriage to the destinations or stopping points indicated in the route of the ticket presented for registration. Quantity, weight and overall baggage allowance differ depending on the class of service, the route of carriage and the conditions of tariff used to pay for the carriage.
The carrier takes in checked baggage for carriage within the established free carriage limits. Baggage exceeding the established norms of free carriage is accepted for carriage subject to payment of additional fees established for payment of such baggage and if there is free space in the baggage and cargo compartments of the aircraft.
2.6. Hand luggage
The passenger can take hand luggage into the aircraft cabin of the aircraft at his own responsibility. The weight of hand luggage pieces must not exceed:
- 8 kg for economy class passengers and 10 kg for business class passengers on Main line flights;
- 5 kg for economy class passengers on Low cost flights.
The maximum size of carry-on baggage based on the sum of three dimensions is no more than 115 cm.
In excess of the specified carry-on baggage allowance, the passenger can take the following items into the aircraft cabin that he needs in flight:
- hand bag, men's briefcase or folder for papers;
- printed publications for reading in flight;
- baby food and baby travel cradle;
- umbrella or walking stick;
- coat, raincoat or other outerwear;
- a bouquet of flowers;
- a folding wheelchair and other devices for movement, if they are necessary for a passenger with limited mobility during the trip;
- one bag with purchases from a Duty-free store weighing no more than 5 kg and a size no more than 115 cm by the sum of three dimensions.
2.7. Notices on the terms of claims and lawsuits
In case of domestic carriage, written claims to the Carrier may be submitted within six months. This period is numbered:
- for claims on compensation for shortage or damage baggage, as well as for delay in baggage delivery - from the date of their delivery;
- for claims for compensation for the loss of baggage - from the day when the baggage was supposed to arrive at its destination;
- in all other cases - from the date of the occurrence of the event that served as the basis for the presentation of the claim.
In case of international carriage, written claims to the Carrier may be submitted:
- in the event of damage or shortage of the received baggage - immediately, but not later than 7 days from the date of receipt of the baggage upon finding of damage or shortage;
- in the event of a delay in delivery - no later than 21 days from the date the baggage was handed over to the recipient;
- in case of loss of baggage - 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 the claim in written form made within the specified time frame, a claim to the carrier cannot be brought.
Lawsuits to the carrier resulting from air carriage shall be presented no later than two years from the date of arrival of the aircraft at the destination or from the day when the aircraft should arrive, or from the date of termination of carriage and 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 is concluded at the appropriate court of destination.
The carrier has the right to refuse in a satisfaction of the passenger or his legal representative claim in cases when:
- the interested person is unable to provide the necessary evidence of the harm caused;
- there is no direct causal causation between the airline's fulfillment of the terms of the contract of carriage and the damage caused;
- the reason of damage to the passenger's baggage was the property contained in the passenger's baggage;
- the carrier will prove that the passenger's imprudent actions and carelessness contributed to the occurrence or increase of harm to his health or his baggage;
- a harm caused during the carriage of baggage was caused by:
- compliance by the Carrier with laws, regulations, orders, requirements of state authorities in force in the country of departure, transit or destination and / or due to non-compliance by the passenger;
- insufficient or inappropriate packing of baggage by the passenger;
- inclusion in the transported property of items and things determined by the rules of the Carrier as prohibited for air transportation;
- inherent in items carried in baggage, of a certain quality, property or defect;
- a harm is made to the baggage by an uncontrollable cause to the Carrier, and it will be proved that the Carrier and their authorized persons took all necessary measures to prevent harm or that they could not be taken, unless the Carrier and its authorized persons caused such harm by their intentional acts or negligence.
2.8 Dangerous items and substances in baggage.
For safety reasons, dangerous items must not be in checked or carry-on baggage, unless otherwise is permitted by special permissions. Detailed information on dangerous items prohibited for transportation by air is provided by the Carrier on its official website, from transportation sales agents, in special information materials.