General terms

1.1 These Rules establish the general conditions for the carriage of passengers and baggage on flights of LLC Aviation Company Wind Rose (air carrier), ensuring flight safety and quality of service.

1.2 The effect of these Rules applies to the air carrier and other aviation entities whose activities are related to the transportation of passengers and baggage by air transport of the air carrier.

1.3 These Rules correspond to the Rules for air service of passengers and baggage, approved by the Order of State aviation service of Ukraine No. 1239 as of November 26, 2018, registered by the Ministry of justice of Ukraine on February 08, 2019 under No. 141/33112 (Aviation rules of Ukraine), which are developed with account of requirements of the Regulation (EU) of European Parliament and Council as of July 05, 2006 No.1107/2006 on the rights of the disabled and persons with reduced mobility during the usage of air area, the United Nations Convention on Rights of Persons with Disabilities, Regulation (EU) European Parliament and Council as of February 11, 2004 No.261/2004 on establishment of general rules of compensation and help to the passengers in the event of denied boarding and cancellation or substantial delay of flights, Council regulation (EU) as of October 09, 1997 No.2027/97 on responsibility of air carrier in case of incident, with amendments  introduced by the Regulation (EU) European Parliament and Council as of May 13, 2002 No. 889/2002, Regulation (EU) No. 785/2004 European Parliament and Council as of April 21, 2004 on the requirements to air carriers and operators of air planes concerning insurance, Convention for the unification of certain rules for international carriage by air, concluded on May 28, 1999 in Montreal city, General conditions of carriage of passengers and baggage, established by the International association of air traffic, resolutions and  recommended practice of the International association of air traffic (ІАТА), standards and recommended practice International Civil Aviation organization (ІСАО).

1.4 Aviation security during air transportation of passengers and baggage is carried out in accordance with the regulatory acts in the sphere of aviation security.

1.5 The terms used in these Rules have the following meanings:

air carrier (hereinafter – air carrier/aviation company - LLC Aviation company Wind Rose) – business entity that provides services of carriage of passengers by air transport on the basis of a license, and also air operator certificate issued by the State aviation service;

automated booking system/global distribution system (hereinafter -ABS/GDS) – system that ensures information display about the flight timetable, space availability and airline tariffs and the usage of which helps to reserve the air carriage services;

handling agent - the subject of ground handling, authorized by the air carrier to carry out operations concerning ground handling of passengers and baggage;

baggage identification tag - a document issued by an air carrier to identify checked baggage;

excess baggage - a part of baggage that exceeds the established by the carrier free baggage allowance or requires mandatory payment regardless of the specified rate;

domestic transportation - transportation of passengers and baggage between points located on the territory of Ukraine;
group transportation – transportation of the group of people, which have common travel purpose. Group transportation has to be specified in the reservation. The amount of people in the group – six or more passengers, not including INFANTS, which have common travel purpose and are travelling in one flight;

day – calendar day, including all days of week, public holidays and non business days. To determine the validity of the transportation documentation, acts and other documents, as well as the time of completion of transportation, limitation period for claims, the time marking starts from 00:00 of the day following the time when the event occurred or the action took place. The rest of the time of this day is not taken into account. If the end of the period specified above, falls on a holiday or a day off, the day of the end of the period is the first working day after it;

inspection - security control procedure using technical or other means that is used to detect weapons, explosives, objects or devices that can be used to commit an act of unlawful interference;
charter contract (freighting) of aircrafts – an agreement under which one party (charter) undertakes to provide the other party (charterer) for a fee all or part of the capacity in one or several aircrafts on one or more flights for the carriage of passengers, baggage;

mutilated ticket – ticket the condition of which due to passenger’s fault does not give possibility to read the information, which it contains;

mixed transportation – transportation that is done using different means of transport by one carrier involving air services;

en-route stop – preapproved between air carrier and passenger temporary stop in any point except departure point and point of destination;

Interline Agreement – agreement about mutual recognition of transportation documentation and conduct of corresponding mutual payment;

air carrier code – conventional letter or letter-digit representation of the air carrier, provided to it by the International air transport association (ІАТА) in accordance with the established order, which is used for the identification of the air carrier in the Reservation automated system/GDS;

commercial transactions – any transactions between air carriers, except agent agreement, which refer to the provision of common services by them, which are connected with air carriage of passengers and baggage;

itinerary/receipt - document (documents), which is the integral part of electronic ticket and contains necessary information (for example, surname of the passenger, itinerary, flight, date and time of transportation, booking number, class of service, tariff etc.), notification and messages;

international transportation - transportation, during which the point of departure and point of destination, regardless of whether there is a break in transportation or reloading, are located either on the territory of two different countries, or on the territory of one country, if an agreed stop is provided on the territory of the other country;

place of departure - the point indicated in the ticket from which the transportation of the passenger and/or baggage begins;

point of destination - the point specified in the ticket, which ends with the carriage of a passenger and/or baggage;
Montreal Convention - Convention for the Unification of Certain Rules for International Carriage by Air performed on May 28, 1999 in the city of Montreal;

extraordinary circumstances - circumstances that lead to a long delay or cancellation of one or more flights, even if the appropriate carrier has taken all reasonable steps to prevent delays or cancellations. Extreme circumstances are, in particular, but not exclusively, military actions, riots, sabotage, embargo, fires, floods or other natural disasters, explosions, actions or inaction of state bodies, strikes, technical obstacles caused by malfunctions and failures, disorders of the systems of energy supply, communications, distribution systems, equipment, software. Technical malfunctions of the airplane are not extraordinary circumstances;
 
normal fare - a full fare without any restrictions on application, established for servicing the first, business, premium classes, economy flights, which foresees maximum flexibility for booking of place, ticket issuance, time of stop, combining tariffs, rebooking and changing the date and itinerary, denial of transportation etc.;

primary and permanent place of residence - one fixed and permanent place of residence of the passenger at the time of the incident. Citizenship of the passenger is not the critical factor for determining a permanent place of residence;

principal place of business of the air carrier - is the headquarters where the main administrative, organizational and financial functions of the air carrier are performed;

the final passenger and baggage clearance time - is the time after which the passengers who did not have the chance to check in or did not have time to board the aircraft, are not accepted by the carrier for carriage by the respective flight;

transit passenger - a passenger, who according to the air carriage agreement, is further transported by the same flight on which he/she arrived to the intermediate airport;

transfer passenger - a passenger, who according to the air carriage agreement is sent to the point of transfer by one flight, and then transported by another flight of the same or another air carrier;

passenger coupon (passenger receipt) - part of the passenger paper ticket that remains with the passenger after the carriage and to which are added messages about the conditions of carriage of the passenger;

confirmed reservation - a reservation made at the ABS /GDS and confirmed by the air carrier. The ticket (e-ticket) is marked with “OK”;

air carriage - carriage of passengers and baggage, which is executed by an aircraft on the basis of an air carriage agreement. Transportation may be international or domestic;

flight coupon - part of a passenger ticket or, in the case of an electronic ticket, an electronic coupon, which identifies the appropriate place of departure and destination, between which the flight coupon is valid for the carriage of a passenger and baggage;

boarding pass - a document (paper or mobile) that confirms the passenger’s right to board an aircraft, and is provided on the basis of the passenger’s registration for the flight. Mobile Boarding Pass – is boarding pass adapted for displaying on the screen of an electronic device, containing, in addition to personal data, flight information and a special bar code for reading by the scanner at the airport. E-mail or SMS message are not mobile boarding passes;

air carrier rules - rules, instructions and technologies established by the air carrier, used in the air transportation of passengers and/or baggage, including the rules of air transport of passengers and baggage, rules for the application of tariffs, standards and guidelines for passenger and baggage services, the procedure for handling claims;

fare rules – established by an air carrier tariffs that determine the sales territory, sales season and flights when it is possible to buy tickets for a specific type of fare, the possibility of combining with other types of fares and stops at an intermediate point, children discounts, rules for refunding for an unused ticket or part of it, rebooking conditions, baggage allowance, the possibility of transferring passengers for transportation to another airline etc.;

claim - the written request of the interested party for compensation for the damage caused as a result of domestic or international air transportation, payment of compensation, etc.;

flight - an aircraft flight (scheduled or non-scheduled), performed in one direction from the starting point of departure to the final destination of the itinerary;

flight with excess booking - a flight for which the number of passengers who have a confirmed reservation and arrived at check-in before the final check-in time of passengers and baggage exceeds the number of available seats on the flight;
reasonable measures - adequate measures taken by the air carrier in order to prevent or reduce damage (loss) caused to the passenger;

reasonable time - a period of time, a reasonable limit of the duration of which during passenger (baggage) carriage amounts to two or more hours - for all flights with a distance of 1.500 kilometers or less; three or more hours - for all flights with a distance from 1500 till 3500 kilometers; four or more hours for all the other flights;

the route segment - is a part of transportation between two points, which is an integral part of the full route and is issued on one flight coupon;

service animals — animals (usually dogs or other animals) that are under the control of a passenger with a disability or limited mobility and the person accompanying such a passenger, in order to provide the passenger with a disability or limited mobility physical and/or emotional support, provided that the presence of animals on board the aircraft does not jeopardize the flight safety, does not pose a threat to other passengers and complies with sanitary and hygienic standards;

special drawing right (hereinafter - SDR) - monetary unit of account which is used by the International monetary fund (hereinafter - IMF);

special tariff – published by the air carrier tariff that has certain restrictions regarding its use;

special conditions - conditions of carriage of passengers and baggage arising due to non-compliance of the provisions of these Rules with the rules of another country, or if the rules of another country set a lower level of transportation conditions than those set by these Rules, or if another country requires compliance with its rules and at the same time threatens the fulfillment of the terms of the air carriage agreement;

entity that provides agency services for the sale of air carriage (hereinafter - a sales agent) - a legal entity engaged in the sale of air carriage on behalf of the air carrier or general agent on the basis of the contract;

tariff standards - tariffs and rules for their application that are established and published by the air carrier;

agreed places of stops - points, except the points of departure and destination specified in the ticket or shown in the airline's schedule as planned stopping points on the transportation route;

charter flight for business purposes - is a charter flight for which the entire capacity of the aircraft is reserved by one individual or legal entity solely for its own needs (without the right to sell the capacity to a third party) for the purpose of carriage of passengers and/or goods and is not distributed among other freighters. At the same time, the number of passengers transported cannot exceed 15 people, and the weight of the cargo is 2 tons;

family members — married persons, parents of married persons, children, including adopted children, guardians, grandmother, grandfather, siblings, sisters, grandchildren, dependents recognized by law. In the airline's rules, the list of persons belonging to family members may be expanded.

Other terms used in these rules are used in the meanings given in the Air Code of Ukraine.