general conditions of carriage for passengers and baggage by limited liability company
Wizz Air Ukraine Airlines

This translation is for the reference purposes only. Ukrainian text of these General Terms and Conditions is the only official text and will prevail in case of any misinterpretations.

1. GENERAL PROVISIONS

1.1. Provisions of these General Conditions of Carriage for Passengers and Baggage (hereinafter – the "Regulations") are in compliance with the Regulations Regarding Air Carriage of Passengers and Baggage, as approved by the Order of the State Aviation Safety Services of Ukraine, No.187, dated March 14, 2006 (hereinafter – the "SAA Regulations"). In aspects of air carriage of passengers and baggage not covered by these Regulations, the Airline shall be bound by the SAA Regulations.
1.2. The purpose of these Regulations is to set up the terms and conditions for carriage of passengers and baggage by aircrafts of Wizz Air Ukraine Airlines so that to ensure the due safety of flights and quality of services, and the principles and norms of liability of subjects in the course of air carriage of passengers and baggage.
1.3. These Regulations shall extend to the personnel of Wizz Air Ukraine Airlines, Handling Agents, Travel Agents and Passengers of the Airline. These Regulations shall apply to any carriage of passengers and baggage, including services in connection with such carriage by Wizz Air Ukraine Airlines. Control over compliance with these Regulations shall be vested with the Legal Department of Wizz Air Ukraine Airlines.
1.4. These Regulations are executed in Ukrainian and translated into English. In case of any conflicts regarding the interpretation and application of provisions hereof the Ukrainian version will prevail.

2. DEFINITIONS

AIRLINE
- "Wizz Air Ukraine Airlines", Limited Liability Company.
HANDLING AGENT
- a person authorized by the Airline to perform ground handling operations in respect of Passengers and Baggage.
TRAVEL AGENT
- a person appointed by the Airline under the respective agency agreement to represent the Airlines in connection with the sales of the flights performed by the Airline (hereinafter – the "Travel Agent").
PROPERTY IRREGULARITY REPORT (PIR)
- a document executed by the Handling Agent at the Passenger's presence prior to his/her exist from the transit area immediately upon the discovering any damage caused to the Baggage (loss, insufficiency, defect) carried out by the Airline's aircraft. PIR shall be signed by the Handling Agent and the Passenger.
BAGGAGE
- items, property and other personal possession of the Passenger as required for his/her personal use, comfort or to ensure his/her comfortable journey. Unless specified otherwise, Baggage shall include checked baggage and hand baggage (unchecked baggage) of any Passenger.
BAGGAGE IDENTIFICATION TAG
- a document issued by the Airline for identification of the Checked Baggage.
BAGGAGE CLAIM TAG
- a part of the ticket evidencing the acceptance of the Baggage for carriage (including the Baggage claim tag issued by the Airline and attached to the ticket).
RESERVATION
- a prior reservation of the seat on the aircraft for a specified flight and date for the purpose of carriage of the Passenger and the Baggage.
WARSAW CONVENTION
- whichever of the following instruments are applicable to Air Carriage Contract:
the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929, as amended at the Hague on 28 September 1955;
the Convention Supplementary to the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier, signed in Guadalajara on September 18, 1961.
AIRLINE WEBSITE
- wizzair.com.
REFUSAL OF CARRIAGE
- refusal by the Airline to accept the Passenger for a certain flight.
DEPORTEES
- persons who arrived into a country legally or illegally, and within a certain period of time were instructed to leave the country by the resolution of governmental authorities, whether escorted and not escorted.
GOVERNMENTAL AUTHORITIES
- any services, inspections, agencies, institutions, and subdivisions thereof, which exercise control over the compliance by the Passengers with customs, currency, border, sanitary, veterinary and quarantine rules in the Place of Departure and Place of Destination pursuant to the provisions of the Applicable Law.
DAYS
- calendar days, including all seven days of the week, week-end and holidays, provided that for the purpose of notices the day of dispatching the notice is not taken into account, and for the purpose of determining the period of effectiveness the date of issuance of the ticket or the date on which the flight commences is not taken into account.
AIR CARRIAGE CONTRACT
- the contract under which the Airline undertakes to carry the Passenger and his/her Baggage to the place of destination by providing the Passenger with a seat on the aircraft performing the flight specified in the ticket, and the Passenger undertakes to pay for such carriage an established fare. The Air Carriage Contract shall be documented by the E-Ticket and the Baggage Identification Tag.
E-TICKET
- an electronic document, including the Itinerary and electronic coupons, as issued by the Airline (Travel Agent), which certifies the making of the Air Carriage Contract between the Passenger and the Airline, and includes information regarding the terms and conditions of the Air Carriage Contract for the Passenger and his/her Baggage.
E-COUPON
- a part of the e-ticket, which is used for carriage by a certain flight, or any other substituting document, which is maintained in the automated reservation system database of the Airline.
CHECKED BAGGAGE
- a Passenger's Baggage which the Airlines accepts for custody and undertakes to store and deliver in time, and for which the Airline issues a Baggage claim tag and a Baggage identification tag per each Baggage unit.
APPLICABLE LAW
- the law, regulations and resolutions, and other regulatory acts of any country from, into and through the territory of which transportation of Passengers and Baggage is carried out, which regulate air transportation of Passengers and Baggage.
PERSON CONCERNED
- the person who pays for the carriage of the Passenger, and other persons authorized in accordance with the procedure set out by the law to represent the Passenger.
CALL CENTER
- customer services provided to the Passenger by telephone. The telephone number of the Call Center can be found on the Airline Website.
MONTREAL CONVENTION
- Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999
TRAVEL DOCUMENTS
- the Passenger's documents required for carriage, that is a national photo identification card when applicable, passport, visa, health and vaccination certificate, permits for transportation of infants, as required by the law and regulations of the countries affected by carriage to cross the borders, transit and/or stay in a certain country.
INSPECTION
- procedure run by the appropriate officer for the purpose of providing for the flight safety, preventing the carriage of hazardous substances and other dangerous items.
CHECK-IN DEADLINE
- check-in completion time after which the Passengers who fail to check-in will not be accepted for carriage by a certain flight.
PASSENGER
- the person (other than a crew member) who is carried out by the aircraft under the agreement with the Airline pursuant to the Air Carriage Contract.
SPECIAL CATEGORY PASSENGERS
- a Passenger with physical or mental (psychic) impairments, or a Passenger with such health condition which requires individual care or assistance customarily not provided to other Passengers (during passengers' boarding/unloading, during the flight, evacuation in connection with an accident, ground handling).
SPECIAL DRAWING RIGHT
- an international reserve asset, created by the International Monetary Fund to supplement the existing international reserves of member countries which comprises of a “basket” of five currencies which are reviewed every five years. The value of the Special Drawing Rights is set up daily.
CARRIAGE (AIR CARRIAGE)
- carriage of Passengers and the Baggage by aircraft, which is carried out pursuant to the Air Carriage Contract and for the purposes of which the place of departure and the place of destination are located either in the territories of two different countries or in the territory of the same country.
CONFIRMED RESERVATION
- reservation entered into the automated reservation system and confirmed by the Airline upon payment by the Passenger of the Total Fare.
PERSONAL DATA PROTECTION POLICY
- rules regulating the processing of personal data provided by Passengers or other persons of the Airline, which may be found on the Airline Website.
TOTAL FARE
- the value consisting of the Fare, Charges and Fee For Other Services, which is determined in accordance with regulations placed on the Airline Website.
PLACE (POINT) OF DEPARTURE
- the place specified in the E-Ticket as the starting point for the carriage of the Passenger.
PLACE (POINT) OF DESTINATION
- the destination place for the carriage of the Passenger as indicated in the E-Ticket.
REGULAR CARRIAGE (REGULAR FLIGHT)
- the flight which is a part of a series of flights that involves carriage of passenger, cargo and mail available for common paid use and carried out in accordance with the officially approved schedule between the same two or more points, irrespective of the revenue load factor. Regular flight shall include additional flights of the same series which are carried out by the same operator and approved within the schedule.
EXCESS RESERVATION FLIGHT
- the flight for which the number of Passengers with confirmed reservation who arrived for check-in prior to the check-in deadline exceeds the number of available seats on board.
ITINERARY
- the document issued to the Passenger upon full payment of the Total Fare, which includes the Passenger's name and the flight details such as the Place of Departure, the Place of Destination and the agreed stopping place, if any, the time for departure and arrival; and sets out references to the terms and conditions of the Air Carriage Contract and other important information. The Itinerary is printed by the Passenger if reservation is made via Internet, or is given to the Passenger by the Travel Agent that made the reservation for the Passenger. If the Passenger makes reservation through the Call Center, he/she will be notified about the reservation code, and the Itinerary will be faxed, emailed or mailed to him/her in accordance with these Regulations.
HAND BAGGAGE
- Baggage and other possessions of the Passenger, which during the flight are in the cabin of the aircraft, at the permit of the Airlines, and under the Passenger's control.
FARE
- an established amount charged by the Airline for carriage of one Passenger and/or scope of Baggage on a certain route.
STANDARD FARES
- rate and rules for their application, as established by the Airline in automated reservation systems.
FORCE-MAJEURE CIRCUMSTANCES
- force majeure circumstances, extraordinary and unpredictable circumstances which are beyond the control of the Airline and the Passenger, the consequences of which could not be avoided even upon using the best efforts, including but not limited to the acts of God, political instability, unfavorable weather conditions, strikes, decisions of air carriage regulatory authorities, and unforeseeable issues of flight safety.
CHARTER CARRIAGE (CHARTER FLIGHT)
- air carriage of Passengers and their Baggage carried our in full or in part by the Airline within the authorities granted by the freighter or the flight operator (Carrier under the contract).

3. COMPLIANCE WITH LAW

3.1. These Regulations are developed in accordance with:
- the Air Code of Ukraine;
- Convention for the Unification of Certain Rules for International Carriage by Air done at Montreal on 28 May 1999
- the Regulations Regarding Air Carriage of Passengers and Baggage, as approved by the Order of the State Aviation Safety Services of Ukraine, No.187, dated March 14, 2006.
3.2. For the purpose of carriage through the territories of other countries, any provision of these Regulations which is not in compliance with provisions of the Applicable Law shall be ineffective and void. However, other provisions of these Regulations shall remain in effect, and ineffective provisions shall be substituted by the appropriate provisions of the Applicable Law.
3.3. For the purpose of charter carriage, these Regulations shall apply only to the extent and with such amendments as set out in the charter carriage agreement, provisions of Section 11 hereof, or a ticket for the charter flight.
3.4. For the purpose of carriage from places located within the territory of the European Union, if a flight is cancelled or delayed, or if the Airlines refuses to carry a Passenger, provisions of the EU regulation No.261/2004 shall apply. The Airline may develop Additional Regulations for flights in the territory of the European Union, which shall be placed on the Airline Website.

4. SCHEDULE AND ITS CHANGES

4.1. The time of departure (arrival) shown in the ticket, schedule or other published timetables of the Airline is not guaranteed and is not a mandatory condition of the Air Carriage Contract.
4.2. The Airline shall not be liable for any errors or omission in the schedules or other timetables published elsewhere other than on the Website.
4.3. If Force-Majeure circumstances are in effect, the Airline shall have the right to cancel or delay a flight, or to cancel the Confirmed Reservation without notifying the Passenger.
4.4. Also, save for the instances set out in Section 4.3 of these Regulations, the Airline shall have the right, at its discretion, to change the departure time of any, or to cancel any flight specified in the Itinerary, schedule or elsewhere between the date of publication and the date of actual flight.
4.5. In the instances stipulated by Section 4.4 of these Regulations, the Airline shall use all reasonable efforts to notify the Passenger in advance about such changes or cancellation. The Airline shall publish the appropriate notice on the Website, and may notify the Passenger via an email or telephone at the email address or the telephone number provided at the time of reservation. If the owner of email address or the telephone phone number provided at the time of reservation is another person (including the Person Concerned), it shall be the Passenger's responsibility to obtain from the owner of such email address or telephone number any information about any changes of reservation. If the Passenger does not agree to a new time for departure or a new route, the Passenger shall contact the Call Center of the Airline. If the Passenger fails to contact the Call Center, the Passenger shall be deemed to have accepted the new time for departure/cancellation of the flight, and the sole remedy available to him/her is set out in Section 4.6 of these Regulations (other than in the instances set out in Section 3.4 hereof.), and the Airline shall not be liable for any damages or losses associated with such changes.
4.6. Except as otherwise provided by the Applicable Law, if the Airline changes the time for departure for any flight, or cancels any flight, or fails to perform such flight within the reasonable time for which the Passenger holds a valid ticket/Confirmed Reservation, the Airline, at the Passenger's option, shall either:
(а) carry the Passenger to the Place of Destination by any other flight of the Airline between the same Places of Departure and Destination (or on such other route as may be agreed with the Passenger) on which space is available; or
(b) carry the Passenger to the Place of Destination by surface transport between the same Places of Departure and Destination (or to the nearest airport from which another flight of the Airline can be made); or
(с) refund to the Passenger (within 15 days) the Total Fare of the air carriage not performed, in cash by electronic bank transfer, bank order, bank cheque or, at the Passenger's consent, in travel vouchers and/or other services for the total value of the purchased ticket for any part(s) of the air carriage that was not performed.
4.7. If the Passenger accepts the alternative transportation, the Passenger shall not have the right to any other compensation, and the Airline shall not be otherwise liable to the Passenger.
4.8. The Airline shall not operate connecting flights. The Airline shall not be liable for any other flight the Passenger or Baggage may miss.

5. Air Carriage Contract

5.1. Content of the Contract, and Procedure for its Execution
5.1.1. Any Air Carriage Contract shall consist of the following:
(а) the terms and conditions specified in the Itinerary or a verbal notice to the Passenger made at the time of reservation via Call Center or the Travel Agent;
(b) these Regulations;
(с) the Personal Data Protection Policy;
(d) the Applicable Law.
5.1.2. The Air Carriage Contract shall be made upon full payment of the Total Fare by issuing an Itinerary to the Passenger.
5.2. Itinerary
5.2.1. The Itinerary (in the case of carriage of Baggage, the Baggage Identification Tag) shall certify the conclusion of the Air Carriage Contract between the Airline and the Passenger. No other document shall be issued in this case.
5.2.2. The Airline shall carry only the Passenger(s) named in the Itinerary. If at the time of checking the Passenger does not hold the Itinerary, the Passenger shall have to present to the Airline check-in officer the reservation code and valid Travel Document(s) in accordance with the procedure set out by Section 12 of these Regulations.
5.2.3. The Passenger may request the re-sending of his/her Itinerary or reservation code by calling the Airline's Call Centre. The Airline may charge an additional fee for such service.

6. TOTAL FARE

6.1. Components of the Total Fare
6.1.1. Unless otherwise specified by the Airline, the Total Fare shall consist of the Fare, Charges and Fee for Other Services. Information about the components of the Total Fare and the amounts included into it shall be submitted to the Passenger at the time of reservation through the Website, by Call Center or the Travel Agent, as the case may be.
6.2. Fare
6.2.1. Any Fare shall include the value of carriage from the Place of Departure to the Place of Destination. The Airline shall reserve the right to change the Fare at any time and at its own discretion.
6.2.2. The Fare shall not include the cost of surface transportation from the respective city to the airport terminal or between the airport terminals (if there is more than one terminal), Fees for Other Services, and commissions chargeable by the car processing systems, banks and Travel Agents.
6.2.3. The Fare shall be calculated on the basis of Standard Fares effective as of the date of reservation, as published on the Website. Also, the Passenger may obtain information about applicable Standard Fares at the Call Center and/or from the Travel Agent. The Fare shall not be affected by changes of Standard Fares between the date of reservation (issuance of the Itinerary) and the date on which the flight commences (save for the instances set out in Sections 6.3.2 and 7.4 of these Regulations).
6.2.4. Generally the earlier the Passenger books, the lower Fare is given. In case the Airline introduces promotional prices between the date of reservation by the Passenger and the date of carriage, the Passenger shall not be entitles to claim the difference between the Total Fare paid by him/her at the time of reservation and the promotional Total Fare.
6.3. Charges
6.3.1. Charges shall include all taxes, charges and fees imposed by the Governmental Authorities, other authorities or airport operators, or by the Airline, and the minimum amounts of mandatory fees for services as may be required to make reservation and to perform the carriage, in the amounts effective at the time of reservation. These charges shall be generally specified in the Passenger's Itinerary separately. Also, the Passenger may obtain information about Charges during reservation via the Website, the Call Center or the Travel Agent.
6.3.2. The Airline shall reserve the right, and the Passenger shall agree that the Airline may require from him/her to pay of any new or increased Charges connected with the reservation or carriage, as may be imposed by the Governmental Authorities, other authorities or airport operators between the date of issue of the Itinerary to the Passenger and the date of actual travel, as the case may be. If the Passenger fails to pay these amounts, the Airline shall reserve the right to refuse to carry Passengers holding Confirmed Reservations, without any compensation.
6.4. Fee for Other Services
6.4.1. Fee for Other Services shall be charged by the Airline for any additional services in connection with the carriage of the Passenger. Such services may include, but shall not be limited to the priority boarding, extra legroom seats and other.
6.4.2. The complete list of additional services and their value may be found on the Website, at the Call Center or at the Travel Agent.
6.5. Payment of the Total Fare
6.5.1. General Terms
6.5.1.1. The Total Fare for the air carriage shall be determined and payable in the currency of the Place of Departure, unless the Airline specifies other currency as of or prior to the payment (e.g. if the local currency cannot be converted). If the payment is made on the territory of Ukraine, currency of payment shall be Hryvna.The invoice shall be issued in the currency in which the payment is to be made.
6.5.1.2. The Total Fare shall be payable via Website, or the Call Center, or the Travel Agent in such manner as set out in Section 6.5.2 of these Regulations.
6.5.1.3. In certain exclusive instances the Passenger shall have to pay Charges separately, as some airports charge fees directly at the airport. Information about such requirements shall be given to the Passenger at the time of reservation.
6.5.1.4. If as a result of miscalculation of any Charges or Fees for Other Services, the total thereof is less than required, the Passenger or the Person Concerned shall pay the respective difference between the amount of such Charges or Fees for Other Services. If the Passenger fails to pay such difference at the request of the Airline (Travel Agent), the Airline shall have the right to cancel the Confirmed Reservation and/or to refuse to carry such Passenger.
6.5.1.5. The Airline shall not be liable for any payment by Passengers in excess of the Total Fare. In case of such excess payment, the Passenger shall have the right to apply such amount to pay for other flights or other services provided by the Airline.
6.5.1.6. The Passenger shall be responsible for payment of the Total Fare, even it was paid by the Person Concerned. A card used for payment and/or details of reservation may be regarded by the Airline, solely at its discretion, as information which is highly sensitive to the risks of fraud. In such case, the Airline shall have the right to contact the Passenger or the Person Concerned by phone numbers provided at the time of reservation, and to request to confirm either the reservation or payment details. If the Airline fails to contact the Passenger (Person Concerned) by such phone numbers, or if the Passenger (Person Concerned) fails to confirm such payment or reservation details, the Airline shall reserve the right to cancel such reservation and to return the Total Fare.
6.5.1.7. At the Passenger's request, the Airline shall issue invoices and other accounting documents certifying the payment in full for the Total Fare. Such invoices and other documents shall be issued solely to the name and address specified at the time of reservation. In case of any loss of such invoices and other documents due to the reasons which are beyond the reasonable control by the Airline, the Passenger may receive a copy thereof, and the Airline shall reserve the right to charge to the Passenger the fee for issuance of such copies.
6.5.2. Means of Payment
6.5.2.1. When making reservation via the Website, the Passenger or the Person Concerned shall pay the Total Fare by such card as acceptable for payments via Internet, or by bank transfer in accordance with Section 6.5.2.3 of these Regulations. Information about payment for processing of payments in the course of reservation may be found on the Website or at the Call Center.
6.5.2.2. When making reservation via the Call Center, the Passenger shall have to provide details of his/her bank card to the Call Center officer processing such payment, or to arrange the bank transfer himself/herself in accordance with Section 6.5.2.3 of these Regulations. Information about payment for processing of payments in the course of reservation may be found on the Website or at the Call Center.
6.5.2.3. Some countries accept payment in the form of bank transfer. Payment via bank transfer shall be permitted only in the country which is the Place of Departure. Detailed information of bank transfer may be found on the Website or at the Call Center.
6.5.2.4. When making reservation via the Travel Agent, the Passenger shall pay in cash the Total Fare pursuant to the invoice issued by the Travel Agent, and shall be obligated to pay commission to the Travel Agent. It shall be the responsibility of the Travel Agent to transfer the Total Fare to bank accounts of the Airline. The Travel Agent shall be liable to the Passenger for a failure to transfer the Total Fare to accounts of the Airline.

7. RESERVATION

7.1. General Provisions
7.1.1. The Passenger shall be entitled to make reservation via the Website, the Call Center of the Airline, or the Travel Agent.
7.1.2. At the time of reservation, the Airline shall not assign the Passenger to a definite seat on board of the aircraft. The Passenger shall accept any seat provided to him/her when on board. In addition, the Passenger shall have the right to purchase, for an additional fee, the priority right of boarding or the extra legroom seats (please see Section 6.4 of these Regulations).
7.1.3. The Passenger shall provide the Airline with accurate and true information in accordance with Section 7.2 of these Regulations. The Passenger shall be liable for the correctness of information and the accuracy of email address provided by him/her, and shall regularly check his/her email box. The Passenger shall be liable for the correctness of phone number or country/city codes provided by him/her (even if reservation for him/her was made by the Person Concerned), and for the ability to contact him/her by at least one of such phone numbers on the issues of reservation.
7.1.4. If the Passenger made any error in providing such information, the Passenger shall have the right to contact the Call Center with a request to modify the reservation accordingly. The Airline may charge an additional fee for such service.
7.1.4.1. Confirmation of reservation shall be issued only upon payment by the Passenger of the Total Fare specified at the time of reservation.
7.2. Passenger's Data
7.2.1. The Passenger shall provide the Airline with the following information and details:
- Passenger's last name, name and patronymic;
- details of Travel Documents, specifically the passport, visa, medical certificate, permits to carry children, and other;
- permanent or temporary residence address;
- contact phone number, including cellular;
- email address;
- such other data as may be requested by the Airline pursuant to the provisions of the Applicable Law.
7.2.2. To the extent set out by the Applicable Law, the Passenger shall authorize the Airline to maintain information submitted to the Airline (Travel Agent) for the purpose of reservation, carriage, provision of additional services, operation of the Baggage location system, and for the purpose of complying with the requirements for entry into the Place (country) of Destination.
7.2.3. The Airline shall have the right to transfer information about the Passenger for above purposes to its officers, Handling Agents, Travel Agents, other carriers, providers of additional services or Governmental Authorities (at their request) of the countries on, from of via the territory of which such carriage is carried out.
7.2.4. The Passenger may found Personal Data Protection Policy on the Website of the Airline or at the Call Center.
7.3. Specific Requirements to Reservation
7.3.1. The Passenger who has any health problem, restricted mobility, or any other special needs, or the Person Concerned acting for the benefit of such Passenger shall make reservation for flights of the Airline solely via the Call Center. In such case, such Passenger or such Person Concerned shall notify the Call Center about such special needs or requirements.
7.3.2. As the Airline cannot verify the health condition of the Passenger, it shall be the Passenger's responsibility to obtain a medical advise regarding his/her ability to travel by air. The Airline shall not be liable for any body injuries, deterioration of health, or death of any Passenger during the air carriage as a result from the above said health condition.
7.3.3. The Airline shall reserve the right to request from the Passenger filled in medical certificate verifying the condition of his/her health and ability to fly, and containing the doctor's permission for air travel in any of the instances set out in Section 7.3.1. If so required, the Airline may require to assign a paramedic to accompany the Passenger.
7.3.4. If the Passenger fails to comply with requirements set out in Sections 7.3.1. and 7.3.2 of these Regulations, the Airline may refuse to carry the Passenger by air, without any refund.
7.3.5. If the Airline cannot ensure aboard such conditions as specified in the Passenger's medical certificate, the Airline shall refuse to carry such Passenger, and refund the Total Fare.
7.3.6. If the Passenger is willing to carry any specific Baggage or items requiring specific conditions of transportation, the Passenger or the Person Concerned shall notify the Call Center about this in accordance with Section 14.4. of these Regulations.
7.4. Change of Confirmed Reservation
7.4.1. The Airline may change Confirmed Reservation in accordance with the procedure set out by Section 4 of these Regulations. The Passenger may change the Confirmed Reservation only as follows:
7.4.2. If the Passenger is willing to change the time of departure or the route specified in the Itinerary, he/she can do so via the Website or the Call Center no later than 3 (three) hours prior to the time of departure specified in the schedule.
7.4.3. The Passenger shall be obligated to pay the price of such change and the difference between the initial and new Fares (including any new Charges or Fees for Other Services). If the new Total Fare is less than the initial the Passenger shall not be entitled for the compensation.
7.4.4. If the Passenger is willing to change the name [specified in the ticket] he/she shall notify the Call Center to that effect not less than 3 (three) hours prior to the departure time set out in the schedule. The Passenger shall pay a fee for such change. The change of name shall be permitted only for all sectors of carriage specified in the Itinerary.
7.4.5. The fee for change of the Confirmed Reservation may be found on the Website or at the Call Center.
7.4.6. The Passenger cannot change the Confirmed Reservation and obtain the right for refund, other than in case of:
7.4.6.1. death of a direct relative (mother, father, sister, brother, grandmother, grandfather, child, grandchild, spouse, civil partner), within a month prior to the departure time set out by the schedule and specified in the Itinerary, at the Passenger’s request filed within a month after the death of any aforesaid person; the Airline shall reimburse the Passenger for the Total Fare of the unused sector of carriage, provided a copy of the death certificate is submitted within 7 (seven) days upon the submission of the aforesaid application.

8. ADMINISTRATIVE FORMALITIES

8.1. Administrative Obligations of the Passenger
8.1.1. The Passenger shall be liable for obtaining the Travel Documents, including visas, permits and other, and for the compliance with the provisions of the Applicable Law regarding entry into, exit from and transit through the countries of departure, arrival and transit, respectively. The Airline shall not be liable to the Passenger for Passenger's failure to obtain such documents or visas ,or to comply with the requirements of the Applicable Law, nor for any damages or losses incurred by the Passenger as a result of such failure.
8.1.2. At the request of the Airline, the Passenger shall present to the Airline’s authorized officers, representatives of the respective Governmental Authorities all documents for exit, entry or transit, health certificates and such other documents as required by the Applicable Law. The Airline shall have the right to execute and reserve copies of such documents or otherwise keep the Passenger’s information specified in the respective documents.
8.1.3. The Airline shall have the right to refuse to carry the Passenger who does not have the Travel Documents, fails to comply with provisions of the Applicable Law, or the documents of which have not been duly executed. In such event, the Airline shall not reimburse the Passenger for the fare and the expenses or losses incurred by the Passenger in connection with such refusal.
8.2. Refusal in Entry into a Country
8.2.1. The Airline shall not be liable for the refusal by the Governmental Authorities to allow a Passenger to entry into a country. In such event, the Airline shall not reimburse the Passenger for the fare and the expenses or losses incurred by the Passenger in connection with such refusal.
8.2.2. In case of refusal for a Passenger to enter into a country, the Passenger shall, at the request of the Airline or Governmental Authorities, return to the Place of Departure or such other place as may be agreed, and to pay the value of return flight.
8.2.3. In case the Airline is forced to pay or deposit any amount, or to issue a financial guarantee due to the failure by the Passenger to comply with provisions of the Governmental Authority, or to present the required documents, or if the Passenger presents forged documents or documents containing untrue information, the Passenger shall, at the request of the Airline, reimburse such amount as paid or deposited by the Airlines, and any other expenses incurred due to such failure.
8.3. Customs Control and Aviation Safety Check
8.3.1. The Passenger shall be obligated to pass through the customs control and aviation safety check, including the submission of his/her Baggage for such control/check. The Airline may require that the Passenger passes through personal control to be carried out by the services of the Airlines, airport and other competent governmental authorities, and submits the Baggage for control, X-ray, or may otherwise perform scanning of the Passenger or his/her Baggage, and shall have the right to check or arrange for the check of the Baggage at the Passenger’s absence.
8.3.2. If the Passenger refuses to pass through the customs control and air safety check, the Airline shall refuse to carry the Passenger, without any refund. The Passenger shall compensate any expenses incurred by the Airline as a result of the Passenger’s refusal to pass such control/check.
8.3.3. Any items taken out in course of the air safety check, the carriage of which as Hand Baggage is prohibited, but which can be carried out as Checked Baggage, shall be carried out by the same flight on which the Passenger is carried and pursuant to Section 14 of these Regulations.
8.3.3.1. The Airline shall not be liable for any loss of the Baggage or any loss caused to the Passenger’s Baggage due to the non-compliance with the customs requirements and air safety check.

9. SPECIFICITY OF SERVICING THE PASSENGERS

9.1. General
9.1.1. The Airline shall independently set out the rules and scope of services to be provided to the Passengers. The Airline may, at any time and at its discretion, change such rules and scope of services.
9.1.2. If the Passenger refuses in full or in part from on-board and/or airport services, the Passenger shall not be reimbursed for the value of such services and expenses incurred in connection with such refusal.
9.1.3. If the Airline enters into contracts with third parties regarding the provision to the Passenger of any other services in addition to air carriage, or if the Airline issues a ticket or a voucher for transportation or services by third party, other than air carriage services, such as hotel reservation or car rental, the Airline shall act solely as an agent; in this case provisions set out by the third party, a service provider, shall apply. The Airline shall release itself from the liability for such services. If any air carriage is performed by a number of carriers, the Airline shall be liable only for the sector on which carriage is carried out by the Airline and within the limits of these Regulations.
9.1.4. If, in addition, the Airline renders to the Passenger surface transportation services, these services may be subject to other conditions information about which may be found on the Website of the Airline or at the Call Center.
9.1.5. Airport services to the Passengers shall be provided by Handling Agents.
9.1.6. The Airline shall not be liable for any damage or loss of any character incurred by the Passenger as a result of or in connection with such services, or if such services cannot be used due to the fault of third parties, organizations or agents.
9.1.7. Meals on flights of the Airline are not included into the Fare. During the flight, the Airline offer snacks and beverages for sale.
9.2. Conduct on Board
9.2.1. The Passenger’s conduct onboard shall be so that does not create any danger or threat to other Passengers, goods, aircraft or its crew, or provoke, or may provoke protest by other Passengers.
The Passenger shall not have the right to prevent the crew from performance of its duties, and shall follow instructions of the aircraft commander and the crew, which ensure safety of aircraft flight, and safe and comfortable carriage of Passengers.
9.2.2. For safety reasons, the Airline may forbid or limit use of electronic equipment, cellular phones, laptops, portable recorders, portable radios, CD players, transmitting devices, including radio controlled toys and walkie-talkies on board the aircraft (other than hearing aids and cardiostimulators).
9.2.3. When onboard, the Passenger shall not be intoxicated (by alcohol, drug or any other substance) so that his/her condition can endanger safety of other Passengers, Baggage, aircraft or its crew. The Airlines permits to consume only alcoholic beverages purchased on board.
9.2.4. Smoking shall be prohibited on all flights of the Airline.
9.2.5. If the Passenger:
(а) in the Crew's reasonable judgment, endangers with his/her behaviour security or safety of those on board and their property;
(b) abuses the Crew members verbally or physically, or hinders them in carrying out their duties;
(с) fails to comply with the instructions of the crew (including warnings on the consumption of alcohol, drugs, smoking and on the use of electronic equipment);
(d) cause discomfort or disgust, damage or injury to those on board;
the Airline shall have the right to enforce any measures, including coercion, that is deemed necessary to prevent or to stop such misconduct (in accordance with the Applicable Law), and the Passenger shall be obligated to reimburse the Airline for all losses and expenses caused to the Airline by such misconduct. The Airline shall reserve the right to enforce its claim in a lawsuit.
9.2.6. In the instances set out by Section 9.2.5 of these Regulations, provisions of the Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed on 14 September, 1963 and Applicable Law shall apply.
9.2.7. If as a result of unauthorized conduct by the Passenger, the Airline is forced to take certain action resulting in additional expenses, the Passenger shall reimburse the Airline for such expenses.

10. CARRIAGE OF SPECIFIC CATEGORIES OF PASSENGERS

For specific categories of Passengers and their Baggage, these Regulations shall apply in full, however subject to particular conditions presented below aimed to create specific comfort for such Passengers, and providing for the safety of carriage and compliance with the requirements of the Governments Authorities in the course of carriage of Specific Categories of Passengers.
If the Passenger has any special needs, he/she must inform the Airline to that effect in advance, while making reservation (please see Section of these Regulations).
10.1. Carriage of Passengers with Reduced Mobility
10.1.1. The number of incapacitated Passenger with reduced mobility on board of the Airline shall not exceed 28 (twenty eight) persons, including not more than 10 (ten) Passengers which require a wheelchair or lift up and down the steps, and lift to and from the cabin set. It shall be the Passenger’s responsibility to reach the check-in desk on time.
10.1.2. Passengers with reduced mobility who need of extra oxygen for medical reasons, shall be accepted for carriage only on condition that they obtain a medical certificate approving their fitness to travel by air, can provide their own oxygen and have an escort.
10.1.3. Any blind or deaf Passenger shall have the right, without any additional fee, to carry a guide dog in the cabin of the aircraft upon presenting a document certifying specific training of such dog, and provided that during the flight such dog stays at such Passenger’s legs, in a muzzle and on the lead. The Airline shall have the right to require that the Passenger presents the documents certifying the need of being escorted by the guide dog.
10.1.4. Passengers on stretchers shall not be accepted for carriage.
10.2. Carriage of Pregnant Women
10.2.1. For safety reasons, pregnant women shall not travel on the Airline’s flights after the 34-th week of pregnancy. The Airline shall not be liable for health problems to pregnant women after the 34-th week of pregnancy and/or their unborn child that may occur during or as a result of carriage by air.
10.2.2. The Airline strongly recommends that women who are over their 28-th week of pregnancy seek medical advice prior to travel. The Airline may require that such women present medical certificate in accordance with the procedure set out by Section 7.3.3 of these Regulations.
10.3. Carriage of Children
10.3.1. Infants under the age of 2 can travel on their parents’ lap. For safety reasons, only one infant under the age of 2 is allowed to travel with an adult. A maximum of 18 (eighteen) children can be carried on board of the same aircraft. Information about the fees charged for carriage of infants under the age of 2 may be found on the Airline’s Website or at the Call Centre, or from the Travel Agent.
10.3.2. Children under the age of 14 shall be carried by the Airline only if they are accompanied by adult Passengers. A child under the age of 14 shall be accompanied by a Passenger above the age of 16.
10.3.3. One person above the age of 16 shall be allowed to accompany maximum 10 (ten) persons of the age under 14. In some countries the regulations regarding the travel of unaccompanied minors may differ from the above, in which case those regulations will be applicable. If the Passenger fails to comply with provisions of the Applicable Law, the Airline shall not be liable for any damage resulting from such failure.

11. CARRIAGE OF PASSENGERS BY CHARTER FLIGHTS

11.1.1. Carriage of Passengers by Charter Flights shall be regulated by a charter carriage contract. It shall be the responsibility of the charterer to notify Passengers about additional conditions of carriage.
11.1.2. E-Tickets for Charter Flights shall not be effective until the charterer pays in full the total fare of the Charter Flight, or until a certain loan agreement is made by and between the Airline and the charterer. Any refund and confirmation of reservation under such E-Tickets shall be made pursuant to the terms and conditions of the respective charter carriage contract.
11.1.3. E-Tickets for Charter Flights shall be valid solely for carriage on such dates and for such flights as set out in E-Tickets. Depending on the available number of seats, dates of departure and arrival may be changed, provided that such changes are agreed between the Passenger and the charterer.
11.1.4. E-Tickets for Charter Flights provide for limitations (or exclude) of the Passenger's rights to change or cancel any reservation. E-Tickets for Charter Flights pursuant to which the total value of any full-service tourist trip (including the two way tickets, transfer, hotel accommodation and meals) may stipulate additional conditions and limitations as may be set out by the charterer.
11.1.5. At the time of reservation, the Passenger or the Person Concerned shall notify the charterer about reduced physical abilities or any other condition requiring special care. The charterer shall be liable for the Passenger’s compliance with provisions of Sections 7.3.1, 7.3.3, 7.3.6, 10.2.2 of these Regulations, and submission by the Airline of the appropriate information. If the charterer fails to comply with the above requirements, the Airline may refuse to carry the Passenger pursuant to these Regulations; in such case expenses and losses incurred by the Passenger as a result of such refusal shall be borne by the charterer.
11.1.6. Provisions of Sections 6, 7, 13 and 15 of these Regulations shall not extend to Charter Flights.
11.1.7. Claims and complaints (including claims regarding the Baggage, or claims arising due to the changes in the schedule, delay, cancellation or deviation from it) shall be submitted to the charterer in writing. In this case limitations on action shall apply in accordance with Section 18 of these Regulations.
11.1.8. All expenses in connection with reservation of more tickets than seats available on the aircraft shall be reimbursed by the charterer.
11.1.9. If the Passenger has the right for reimbursement of the fare or compensation of losses, the Airline shall transfer the respective amounts to the charterer, and the Passenger shall receive such reimbursement from the charterer.

12. CHECK-IN

12.1. Check-in shall normally start 2 hours prior, and shall close 40 minutes prior to the departure according to the schedule in the Place of Departure.
12.2. If the Passenger:
(а) fails to complete check-in procedures by the check-in deadline; or
(b) does not present the Travel Documents; or
(c) fails to show up at check-in or at the boarding gate in due time for any reason,
the Airline shall have the right to cancel such Passenger's Confirmed Reservation and shall not be obligated to delay the flight.
The Airline recommends that the Passenger purchases insurance to cover losses which the Passenger may suffer as a result of being prevented from travel or from reaching the airport by the check-in deadline for any reasons.
12.3. The Airline shall not be liable to the Passenger for any expenses and losses in connection with the Passenger’s failure to comply with requirements of Section 12.2.
12.4. When checking in, the Passenger shall present the Travel Document, and the Itinerary, or the reservation code. If the Passenger fails to do so, the Airline shall refuse to carry the Passenger, without any refund.
12.5. If the Passenger has two or more consequent E-Tickets for different flights of the Airline, upon completion of each such flight the Passenger shall complete the procedure for entry into the respective country (pass through the customs, immigration control and safety check), obtain his/her Checked Baggage, and check in for the next flight in accordance with the procedure set out in these Regulations.
12.6. The Airline shall become liable to the Passenger for the failure to perform obligations undertaken under the Air Carriage Contract, and the insurance obligations of the Airline to the Passenger shall arise upon the registration of the Passenger and his/her Baggage.

13. REFUSAL TO CARRY PASSENGER

13.1. The Airline may refuse to carry the Passenger / Baggage, or to take the Passenger from the aircraft for the purpose of ensuring the flight safety and complying with requirements of the Applicable Law, or due to its motivated decision, if it determines that such actions are required for either of the following:
1) compliance with the Applicable Law of the country of departure, arrival or transit;
2) conduct, age, psychical or physical state of the Passenger, if there are reasons to believe that the Passenger:
- needs from the Airline some special assistance which cannot be provided to him/her by the Airline;
- would create any discomfort to other Passengers;
- would result in any risk for such Passenger or other Passengers, or property of the Passengers or the Airline;
3) if the Passenger fails to comply with these Regulations or instructions of the Airline, as may be connected with ensuring the flight safety, comfort and quality of carriage of other Passengers, creates difficulties in carriage of other Passengers, and, as a result, the Airline cannot perform its obligations to the Passengers on board of the aircraft;
4) if the Passenger’s conduct or behavior endanger the safety of flight carrying such Passenger. Such conduct includes aggressive behavior by the Passenger, with threats to other Passengers, employees of the Airline and the crew of the aircraft;
5) if the Passenger refuses to pass the aviation safety check or immigration/customs control;
6) if the Passenger may be or has become a danger for safety of other Passengers, Baggage or the aircraft;
7) if the Passenger has not paid the Total Fare, or the value of carriage of Baggage of the permitted weight;
8) if the Passenger has not presented Travel Documents for check;
9) if the Passenger attempts to enter a transit country and does not have a valid entry document;
10) if during the flight the Passenger has damaged the identification documents;
11) if the E-Ticket (or the Confirmed Reservation code) presented by the Passenger:
- is not valid for carriage;
- was purchased from any person other than the Airline or its Travel Agent;
- was declared lost, stolen, invalid, contains fabricated details, or otherwise is under suspicion;
- has an e-coupon corrected by any person other than the Airline (its Travel Agent or Handling Agent), or was damaged;
12) if the person presenting the E-Ticket (or the Confirmed Reservation code) fails to identify himself/herself as the person specified in such E-Ticket (or the automated reservation system maintained by the Airline);
13) if the Passenger has earlier committed any of the above actions or violations and there are evidences of repetition of such conduct;
14) if the Airlines have notified the Passenger in writing that after the date specified in such notice it will not be able to carry such Passenger on its aircraft;
15) if the Airlines refuses to make reservation for the Passenger;
16) if the Passenger owes the Airline any money in respect of a previous flight;
17) if the Passenger has not notified the Airline about his/her special needs, or his/her intent to carry specific Baggage or item carriable in accordance with specific conditions;
18) in other instances provided for by these Regulations or the Applicable Law.
13.2. If the Passenger's behavior constitutes a misdemeanor or is likely to constitute a reasonable suspicion of crime, or the Passenger smokes on board, the Airline may initiate legal procedure with the proper authorities.
13.3. If the Airline, at its reasonable discretion, refuses to carry the Passenger or removes the Passenger from the flight en route pursuant to subsections 4, 11 and 12 of Section 13.1 hereof, the Passenger shall not have the right for refund of the Total Fare. In other instances, the Passenger shall have the right to enforce the return of the Total Fare, and is not entitled to any other compensation.

14. BAGGAGE

14.1. Types of Baggage, Free Baggage Allowance
14.1.1. The Passenger’s Baggage shall consist of the Hand Baggage (unchecked Baggage) and Checked Baggage. The Passenger shall have the right to carry one item of the Hand Baggage. Information about the maximum weight and dimensions of the Hand Baggage may be found on the Website, at the Call Center, or the Travel Agent. If the weight or dimensions of the Hand Baggage are in excess of the established norms, such Baggage shall be carried in the Baggage section as the Checked Baggage. Some airports may have additional limitations regarding the Hand Baggage; in such case regulations of the respective airport shall prevail.
14.1.2. In addition to the Hand Baggage, the Passenger may take on board the following items:
(а) a small sized handbag;
(b) a coat or a blanket;
(c) a small sized camera or a video camera or a pair of binoculars;
(d) a cellular phone;
(e) reading material for the flight;
(f) for infants under the age of two: food, foldable baby carriage, small crib;
(g) a pair of crutches for the physically disabled.
14.1.3. The Passenger shall store his/her Hand Baggage and other items taken on board so that the aisles and emergency exits are left clear, in compliance with the instructions of the Crew.
14.1.4. Children's prams and wheelchairs shall be checked in with other Baggage and shall be carried free of charge.
14.1.5. The Airline shall charge a fee for carriage of each item of Checked Baggage. Information about such fee and the maximum weight of an item of the Checked Baggage may be found on the Website of the Airline, at the Call Center or from the Travel Agent. If the total weight of all Checked Baggage exceeds the established maximum the Passenger shall pay an excess Baggage charge; information about such charge may be found on the Website of the Airline, at the Call Center or from the Travel Agent. The Passenger may pay the excess Baggage charge upon reservation. If the Passenger fails to pay the excess Baggage charge upon reservation, it shall be paid at the airport at the time of check-in, at increased rates.
14.1.6. For health safety and general safety considerations, the total of each item of the Checked Baggage shall not exceed 32 kilograms (70 pounds). Baggage in excess of such weight shall not be accepted for carriage.
14.2. Acceptance of Baggage
14.2.1. When the Airline accepts the Baggage for carriage as Checked Baggage, it shall issue a Baggage Identification Tag for each piece of Checked Baggage.
14.2.2. Checked Baggage shall be carried on the same aircraft as the Passenger.
14.3. Items Excluded from Carriage
14.3.1. The following items shall be excluded from carriage (must not be included into the Passenger's Checked or Hand Baggage):
(а) items prohibited for carriage by the Applicable Law of the country of departure or destination;
(b) firearms, ammunition and explosives including weapons for hunting or sports purposes as defined by the law of any country or departure or destination;
(c) any item or substance that looks like a firearm, ammunition or explosive;
(d) flammable substance (except: alcoholic beverages, hair spray, perfume, cologne);
(e) radioactive materials;
(f) condensed gas (except: CO2 used for moving artificial limb; container of inflammable gas used for self-inflating lifejacket; oxygen and air bottles in quantities set forth by IATA);
(g) poisonous or infectious substance;
(h) corrosives (except: mercury in thermometers, barometer, wheelchair battery);
(i) briefcases and security type attaché cases with built-in alarm devices, lithium batteries or pyrotechnical material;
(j) items and materials that endanger safety, property, life, health and bodily integrity of those on board;
(k) any item that is not suitable for carriage because of its weight, size or any other characteristics;
(l) remains of human body;
(m) any items specified in the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Air Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations).
If the Passenger attempts to take any of these items with him/her, the Airline will refuse to carry such items.
14.3.2. No Hand Baggage shall contain antique firearms, swords, knives, scissors, blades, cutlery, darts, syringes and other sharp objects and any item which in our opinion could be used as a weapon.
14.3.3. The Hand Baggage may only contain items not excluded from carriage and only in such quantity and packaging as determined by the effective laws and safety regulations from time to time. The appropriate information may be found in New Security Regulation on Hand Baggage for All Passengers Departing Airports in the EU.
14.3.4. Checked Baggage must not contain:
(a) cash, securities;
(b) jewellery, precious metal, precious and semi-precious stones;
(c) computer, camera, video camera, cellular phone and any other electronic or technical appliances and their accessories;
(d) official, business or private documents;
(e) travel or other identity documents;
(f) keys;
(g) liquid;
(h) medicine;
(i) perishable items;
(j) pieces of art and fine arts.
14.3.5. If the Checked Baggage contains any of the items listed in Sections 14.3.1 - 14.3.2. above, the Airline shall not be responsible for any loss, destruction, delay of and damage to such items.
Some airports may have further restrictions on carriable items. In such cases the airport’s regulations shall prevail.
14.4. Special Baggage
14.4.1. If the Passenger is willing to carry any of the following items:
(a) fragile items (including items made of glass);
(b) materials of unpleasant nature;
(с) dry cell non spillable battery operated wheelchair;
(d) other special items such as ski, snowboard, golf, diving and surf equipments, fishing outfit horns, antlers and trophies, bicycles, vaulting poles, musical instruments;
(e) other specific items,
the Passenger shall notify the Airline about such intention in advance.
14.4.2. The Passenger shall inform the Airline through its Call Center about his/her intention to carry any of the above items, even if reservation is made via the Website or the Travel Agent. The Passenger shall be entitled to carry such items only with the consent of the Airline.
14.4.3. In case of carriage of any specific Baggage, the Passenger shall pay an additional fee for its packaging. Information about such fee may be found on the Website of the Airline, at the Call Center or from the Travel Agent.
14.4.4. Should the Passenger fail to notify the Airline about the carriage of any specific Baggage in accordance with the procedure set out by this Section, the Airline may refuse to carry such Baggage and/or shall not be liable for any loss, destruction, delay of carriage and damage to such items.
14.5. Carriage of Animals
14.5.1. The Airline does not carry live any animals other than guide dogs, provided they are registered in accordance with these Regulations.
14.6. Refusal to Carry Baggage
14.6.1. The Airline shall refuse to carry any Baggage excluded from carriage in accordance with the Applicable Law and these Regulations, or such specific Baggage the carriage of which was not agreed with the Airline in accordance with the procedure set out pursuant to Section 14.4 of these Regulations.
14.6.2. The Airline may refuse to carry any item reasonably considered by the Airline as unsuitable for carriage because of its dimensions, shape, weight, content, character, packing, or for safety and security reasons and for the comfort of other Passengers.
14.6.3. The Airline shall not be liable for any item denied from carriage as Baggage.
14.7. Handling, Delivery and Collection of Baggage
14.7.1. It shall be the responsibility of the Passenger to collect the Baggage at the Place of Destination.
14.7.2. Any Baggage not collected by the Passenger shall be transferred for storage to the appropriate airport services. The term for storage of such Baggage shall be 60 days, and the Airline may charge the passenger a storage fee. Upon expiration of such period, the Baggage shall be sold in accordance with the established procedure, or destroyed.
14.7.3. Any Baggage can be collected only by the holder of the Baggage Identification Tag (Baggage Claim Tag). The Airline shall have no obligation to identify or verify the right of the holder of Baggage Identification Tag or the Baggage Claim Tag to collect the Baggage. The Airline shall not be liable for any loss arising from or connected with the refusal to do such verification.
14.7.4. In case of shortage, loss, damage, delay in carriage of the Baggage, and in case of release of Baggage without presentment of the Baggage Identification Tag (the Baggage Claim Tag), immediately upon the disclosure of any such default and prior to the Passenger’s exit from transit area of the airport the Property Irregularity Report (PIR) shall be executed and signed by the representative of the Airline (the Handling Agent) and the Passenger.

15. REFUND

15.1. Fares, Charges and Fees for Other Services (paid to the Airline) shall not be refundable, unless explicitly set out in these Regulations (Sections 4.6.(с), 6.5.1.6, 7.3.5, 7.4.6).
15.2. Any Passenger entitled to get a refund in accordance with these Regulations shall submit to the Airline a written request for refund. Refund shall be carried out in accordance with these Regulations. Information about details to be used to file such a request to the Airline may be found on the Website and/or received from the Call Center.
15.3. The refund shall be paid exclusively to the Passenger or the Person Concerned. In case of death of the Passenger or the Person Concerned, the refund shall be paid by the Airline to the immediate family thereof in accordance with the procedure set out by the Applicable Law.
15.4. The refund shall be paid in the currency in which the carriage was paid for. If it is impossible, the refund shall be paid in UAH.

16. LIABILITY OF THE AIRLINE, AND COMPENSATION LIMITS

16.1. General
16.1.1. The liability of the Airline in connection with the carriage of Passengers and Baggage shall be determined by the following:
- Montreal Convention;
- the Warsaw Convention;
- the Hague Protocol;
- international air carriage agreements;
- contracts between the Airline and other Carriers;
- Regulations On Air Carriage of Passengers and Baggage, as approved by the Order of the State Aviation Safety Services of Ukraine, No.187, dated March 14, 2006;
- these Regulations;
- other laws and normative instruments of Ukraine.
16.1.2. The Passenger may reject any partial refund for any damage caused during the carriage, as may be offered by the Airline, and clam for satisfaction of his/her requirements through court proceedings in accordance with the Applicable Law.
16.2. Liability for Health, Injury or Death of the Passenger
16.2.1. The Airline shall be liable for any damage incurred as a result of death or injury of any Passenger, provided that the action causing such death or injury occurred on board or in course of lifting the Passenger on/from due to the fault/misconduct of the Airline.
The Airline shall not be liable for death or injury of the Passenger as a result of deterioration of such Passenger’s health condition, and in the instances set out by Sections 7.3.2, 10.2.2 of these Regulations.
16.2.2. The liability of the Airline for deterioration of the Passenger’s health, or the Passenger’s death during carriage shall be limited:
- to the equivalent of USD 20,000.00 in the national currency of Ukraine at the exchange rate of the National Bank of Ukraine as of the date of such carriage; in case of carriage on the territory of Ukraine;
- to the equivalent of USD 75,000.00 (including court expenses) or the equivalent of USD 58,000.00 (excluding court expenses) for such carriages when the places of departure, destination or agreed stopping, or at least one of them, are located in the territory of the United States of America.
- to the equivalent of 100 000 Special Drawing Rights in case of international carriage should Montreal Convention apply.
16.2.3. For international flights, the liability of the Airline for deterioration of the Passenger’s health, or the Passenger’s death shall be determined within such limits and on such terms and conditions as set out by international contracts or the law of the country through the territory of which such air carriage is performed.
16.2.4. The Airline shall reserve all rights for defense in any claim filed pursuant to provisions of the Warsaw Convention. Also, the Airline shall reserve all indemnification rights against any third party, including the right for compensation of suffered damages.
16.2.5. If the age, psychical or mental conditions of the Passenger endangers or exposes such Passenger to risk, the Airline shall not be liable for any personal damage, including disease, injury, disablility or death of such Passenger, provided such damage results due to such Passenger’s health condition or conduct.
16.2.6. For claims in excess of the above limit and in connection with the death or injury of Passengers, the Airline may be released of liability, if it can prove that:
(і) such damage was not due to the Airline’s negligence or other wrongful act or omission or that of the Airline’s servants or agents, or
(іі) such damage was solely due to the negligence or other wrongful act or omission of a third party.
16.3. Liability for Baggage
16.3.1. The Airline shall be liable for the Baggage upon its acceptance for carriage and until release thereof to the Passenger.
16.3.2. The Airline shall be liable for any loss, deficit or damage of any Checked Baggage in the course of carriage, unless it proves that all reasonable actions required to prevent such damage were taken, or if taking of such actions was impossible.
16.3.3. The Airline shall be liable for any loss or deficit of the Baggage accepted for carriage within its actual value, however not in excess of 20 USD (and on the international flights if Montreal convention applies - 1000 Special Drawing Rights) per each kilogram of such lost, missing or damaged Baggage. If the weight of the Baggage is not specified in the Baggage Identification Tag, the total weights of the Checked Baggage shall not be deemed to exceed the respective weights of the Baggage, as determined in accordance with the procedure set out in Section 14.1.5 of these Regulations, and the amount of compensation shall be calculated respectively. If at the time of checking the higher value of the Baggage is declared the liability of the Airline shall be determined on the basis of such declared value.
16.3.4. For the purpose of determining the amount of the Airline’s liability the weight taken into account shall be limited by the weight of the respective lost item or a part of the Baggage, insufficiency or damage of package(-es). Notwithstanding the above provisions, if the loss, damage or delay in the delivery of all or a part of the Checked Baggage, or an item in its content, affects the value of other packaging (items) included into the same Baggage Identification Tag, the total weight of such packaging comparing to the Checked Baggage shall be taken into account.
16.3.5. The Airline shall be liable for any loss, deficit or damage of unchecked Baggage or other property controlled by the Passenger only if it is proved that such damage was caused by the default of the Airline.
The Airline’s liability for carriage of unchecked Baggage shall be limited to USD 400.00.
Such limits shall not apply if it is proved that the damage resulted from willful misconduct or omissions by the Airline, its employees, agents, with the intent to cause such damage, or from negligence and with believe that it would not result in any damage, provided that while conducting such actions or omissions the employee or agent are omission it is proved that such employee or agent acted within his/her professional duties.
16.3.6. For citizens of Ukraine, compensation for Baggage shall be transferred in the national currency at the exchange rate of the National Bank of Ukraine as of the date of payment.
16.4. Limitations of Liability for Baggage
16.4.1. The Airline shall not be liable for damage of fragile items, money, jewelry, goods made of precious metals, valuable and business papers, medicines, keys, passports ID documents or items not acceptable as checked Baggage in accordance with Section 14.3.1, whether or not the Airline is aware of present of such items in the Baggage.
16.4.2. The Airline shall not be liable for damage of any Baggage, if at the time of its registration the limited liability tag was issued.
16.4.3. The Airline shall not be liable for any damage of the Checked Baggage which does not affect its functionality, and damages arising as a result of use of Checked Baggage, including minor cuts, scratches, soils, staining, dents, etc.
16.5. Conditions Excluding the Liability of the Airline
16.5.1. The liability of the Airline shall not exceed the amount of actual damage.
16.5.2. The Airline shall not be liable, nor shall reimburse the Passenger for any loss caused directly or indirectly as a result of performance or compliance by the Airline with provisions of the Applicable Law, instructions of governmental authorities, or these Regulations, or the failure by the Passenger to comply with them.
16.5.3. The Airline shall not be liable, nor shall reimburse the Passenger for the loss caused otherwise than due to the Airline’s fault, or as a result of Force-Majeure.
16.6. Liability for Delay of the Passenger
16.6.1. Upon a delay of carriage, the Passenger shall have the right to refuse from such carriage and claim for full reimbursement of all amounts paid for such carriage, and compensation for the delay in excess of acceptable limits. Information about acceptable limits for delay may be found on the Website of the Airline, at the Call Center.
16.6.2. If the delay exceeds the acceptable limits, and if the Passenger agrees to further carriage, the Airline shall reimburse the Passenger in accordance with the limits established by the Airline for the value of non alcoholic beverages, meals, hotel accommodation, surface transfer (airport – city - airport), and other. Any other expenses incurred by the Passenger, or expenses in excess of the limits established by the Airline, shall not be reimbursable. Information about limits for such reimbursement may be found on the Website of the Airline, or at the Call Center.
16.6.3. Compensation for delay in excess of acceptable limits shall be calculated on the basis of the fare for the flight which the Passenger was not able to use. Also, amounts of compensation may include any documented expenses incurred by the Passenger in connection with such delay if the Passenger, due to good reasons, was not in position to proceed with such carriage. In any case, compensation for delay shall not exceed the fare for the flight between the Place of Departure and the Place of Destination. In any case, the amount of compensation to the passengers for delay will not exceed 4150 Special Drawing Rights.
16.6.4. The Airline shall be released of liability for a delay in carriage of a Passenger if such delay does not exceed the acceptable limits, or results from Force-Majeure.
16.7. Compensation for Delay of Baggage
16.7.1. Compensation for any delay in the carriage of the Baggage (if the Baggage arrives at the Place of destination on any flight other than the flight by which the Passenger arrives) shall be set out in such amount as may be necessary for the Passenger to meet immediate economic needs. In any case, such compensation shall be limited to USD 50.00 (or an equivalent amount in any other currency).
16.7.2. Such compensation shall be offered to the Passenger if the Baggage does not arrive at the Place of Destination together with the Passenger, if the place of destination is not the permanent residence of such Passenger.
16.8. Compensation for Refusal to Carry the Passenger
16.8.1. Provisions of Section 16.8 of these Regulations shall apply to the Passengers which the Airline refused to carry by a regular flight, though they have Confirmed Reservations, valid tickets for such flight, came for check-in prior to the check-in deadline, unless such refusal is caused by Force-Majeure (including unfavourbale weather conditions, extraordinary situations in air area, strikes, riots, civil disorders, embargo, wars, acts of enemy, violation of the peace, unsettled international relations, technical problems and other difficulties which actually hamper or prevent safe flights) resulting actually in the delay of the Passenger's flight.
16.8.2. Boarding Rules in Case of the overbooking. The Airline shall take all reasonable actions to identify persons willing to refuse from their Confirmed Reservation against agreed compensation by the Airline, provided such compensation is not less than the compensation set out in Section 16.8.3 of these Regulations. Also, the Airline shall take into accounts interests of the Passengers entitled to priority boarding due to legal reasons, such as specific categories of Passenger and non-accompanied minors.
16.8.3. Compensation in Case of Involuntary Refusal by the Passenger from Carriage. The Airline shall offer to the Passenger who was involuntarily refused carriage, compensation (at the Passenger's choice) in the form of either (i) reimbursement in full of the Total Fare for the flight which is not carried out; or (ii) flight to the intended place of destination by another Airline's route, as soon as possible, or a flight on any other day acceptable for the Passenger.
16.8.4. Notwithstanding provisions of Section 16.8.3 of these Regulations, the Airline's liability for losses caused by the Airline's failure to provide carriage services which are the responsibility of the Airline, shall be limited by reimbursement of the Passenger's documented expenses for accomodation, meals, communication and surface transfer (to the airport - to the city - back to the airport), and reimbursement of any other direct losses claimed by the Passenger, for the amount not in excess of USD 100 per day (or an equivalent in any other currency). In such case any further and/or other liability of the Airline shall be excluded except for the cases of Airline's negligence.
16.8.5. Release of the Airlines from Liability under Section 16.8 of the Regulations
16.8.5.1. No compensation shall be offered by the Airline for the refusal to carry the Passenger in the following instances:
1) if such refusal is caused by the requisition by the government in full or in part of the total capacity of the aircraft engaged for the respective flight;
2) if the Passenger refuses to pass the safety control or to comply with instructions issued by the Airline (its Agent);
3) if the Passenger travels on the basis of a free ticket or a special fair not available for the main part of consumers;
4) if the Passenger travels by charter flight or the flight sold as a part of the group flight or 'all services paid' tourist trip (in such case the charterer shall be liable for the refusal from carriage).
16.8.5.2. The Passenger's acceptance of the compensation in accordance with the procedure set out by Section 16.8 hereof shall release the Airline from any further liability for the refusal of carriage.

17. NOTICES OF APPLICATION (OPINIONS, PROPOSALS, CLAIMS) BY THE PASSENGERS

17.1. General
17.1.1. The Passenger shall have the right to express in writing or verbally his/her opinion about poor services provided by the Airline.
17.1.2. Any verbal notice (claim) by the Passenger shall be reviewed as soon as possible. The Airline shall take all actions to issue to the Passenger a polite and substantiated response, and provide due services.
17.1.3. At the request, the Passenger shall be provided with the Book of Claims and Proposals.
17.2. Procedure for Review of Passengers’ Claims
17.2.1. Any written claims by the Passenger shall be reviewed within the shortest time possible, however, no later than 30 days upon the receipt thereof.
17.2.2. If the explicit response cannot be issued, the Passenger shall be notified about the reasons for such delay and the term during which it would be provided.
17.2.3. The total term for review of any written claim shall not exceed 45 days.

18. CLAIMS AND COMPLAINTS

18.1. Procedure for Filing Claims and Complaints
18.1.1. Upon a violation of the terms and conditions of the Air Carriage Contract, the Airline, its Representatives or Handling Agent shall notify the Passenger about the actions he should take, and cooperate in the execution by the Passenger of all documents as may be required on such occasion.
18.1.2. Any claim may be brought directly against the Airline or its Handling Agent at the place of departure, destination, transfer, transit, stoppage on the route, at the discretion of the claimant.
18.1.3. Each claim against the Airline shall contain the description of reasons for claim, causes for suffered damage, the list of lost or damaged Baggage, the nature and amount of the incurred loss. The amount of loss shall be substantiated by the claimant.
18.1.4. The claimant shall support the claim by all required documents certifying the right to claim compensation of losses – the ticket, the receipt certifying payment for excess Baggage (or copies thereof), the coupon of the Baggage identification tag, cheques, receipts for incurred expenses, Property Irregularity Report, calculations of losses and other underlying documents.
18.1.5. A claim for compensation of body injury can be filed against the Airline by the affected Passenger, and in case of his/her death – by the person entitled authorized in accordance with general terms of the civil law to the compensation of losses.
18.1.6. The absence of the Property Irregularity Report, and the acceptance of the Baggage by the Passenger without any objection at the time of its receipt or delivery shall be deemed to be confirmation of the delivery of the Baggage by the Airline in due conditions and pursuant to the provisions of the Air Carriage Agreement.
18.2. Review of Claims
18.2.1. Claims by the Passengers shall be reviewed by the Airline in accordance with the established procedure.
18.2.2. The Airline shall review any claim and notify the application thereof about settlement of such claim or its rejection within 3 months, provided that the carriage in respect of which such claim is made was performed in full by flights of the Airline.
18.2.3. The term for review of the Passengers’ claim regarding carriage that involved other Carriers may be extended up to 6 months, subject to such Carriers’ claims settlements procedures.
18.3. Claims and Limitation of Actions
18.3.1. Prior to filing against the Airline of a claim arising from the failure to comply with provision of the air carriage contract in respect of the Passenger and/or Baggage, a written claim shall be brought by the Passenger or his/her authorized representative, except for death or significant deterioration of the Passenger’s health, in which case such written claim shall be filed by persons entitled in accordance with provisions of the civil law for compensation of losses.
18.3.2. A claim in connection with death or body injury of the Passenger may brought within 2 years.
18.3.3. Upon a delay in the carriage of the Passenger, or due to any other reasons, the Passenger or his/her authorized representative may file a claim no later than 21 days from the date of such Passenger’s arrival to the place of destination, or the date when he/she was scheduled to arrive to such place.
18.3.4. In case of damage to the Baggage, the Passenger shall have the right to present a written claim for compensation of losses within the following periods:
For lost, damaged or missing Baggage – immediately upon the discovery of such damage, however no later than 7 days from the date of receipt of such Baggage;
For a delay of Baggage – within 21 days from the date of release of such Baggage to the Passenger;
For a loss of Baggage – within 2 years from the date of arrival of the aircraft at the place of destination, or the date on which it was scheduled to arrive a such place, or from the date of termination of the carriage.
The Baggage shall be deemed lost if it was not found upon search carried out within 21 days from the date following the date on which the Baggage was scheduled to arrive at the place of destination.
18.3.5. Claims regarding the Airline’s liability for carriage of the passenger or the Baggage shall be submitted (at the claimant’s choice) to the place of registration of the Airline, or at the place its head office location, or at the place of office of the Carrier through which the air carriage contract was concluded, however, no later than two days from the date of arrival of the aircraft at the place of destination, or the date on which it was scheduled to arrive at such place, or the date on which carriage was terminated.
18.3.6. If no written complaint is filed within the term specified in Sections 19.3.2. and 19.3.4., a claim cannot be brought against the Airline.

19. NOTICES TO THE PASSENGER

19.1. Provisions of this Section shall apply to the Airline and Travel Agents on the territory of Ukraine.
19.2. The Airline (Travel Agent) shall display in the office where air carriage is sold, on the location which is visual and accessible for customers, the following information:
- its full name, its address of registration;
- copies of documents (licenses, certificates) authorizing to perform carriage or distribute tickets;
- phone number of the local institution for protection of customers’ rights.
19.3. During the ticket sale, the Airline (Travel Agent) shall provide the Passenger with the following information:
- Rules of the State Aviation Authorities;
- These Regulations in hard copy (in case of sale via Internet – in electronic form on the Website);
- Cost of carriage on a specific flight – verbally in the ticket sale section at the time of reservation (in case of sale via Internet – in electronic form on the Website, or by including the appropriate information into the Itinerary);
- Cost, conditions and limitations for carriage at special fare – verbally at the time of reservation or on the Website);
- Administrative formalities in connection with travelling on the respective route – verbally or via Website;
- Limitations the Airline’s liabilities in connection with carriage of the Passenger and the Baggage – in the ticket or the Itinerary;
- The amount of compensation for delay in carriage – verbally at the representative officer of the Airline (Handling Agent) at the airport in case of any delay in carriage;
- Items and goods prohibited for carriage – in the ticket or the Itinerary;
- The list and norms for provision of services – at the request of the Passenger.

20. Ensuring compliance with General Conditions of Carriage of Passengers and Baggage and applicable laws of Ukraine.

20.1. Control over the Airline’s compliance with General Conditions of Carriage of Passengers and Baggage and applicable laws of Ukraine is carried out, among others, by State Aviation Administration of Ukraine.
20.2. The Control shall allow the Airline, its sales agents and handling agents to prove that they and their actions are in compliance with established requirements. Airline and its agents shall be ready to provide the relevant state authority with a possibility to conduct checks during the operations of carriage and service of passengers for the purpose of ensuring that such operations are in compliance with established requirements.
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