Refusal to carry passengers and luggage by air in order to ensure flight safety
10.1 The air carrier shall have the right to refuse transportation at any stage of air carriage, to cancel reservation or to disembark the passenger from the aircraft:
- in connection with necessity of observance of legislation of the country of departure, arrival or transit;
- upon the demand of the authorized bodies of state authorities of Ukraine.
10.2 For the purpose of ensuring flight safety, the air carrier shall have a right deny transportation at any stage of air carriage, to cancel reservation or to disembark the passenger from the aircraft on the basis of its own grounded decisions, if:
- due to psychical or physical condition of the passenger there are reasons to presume that the passenger:
- requires special aid from the airline which was not demanded or which the airline cannot render to him/ her due to objective reasons;
- the condition of the passenger can cause discomfort to other passengers;
- can cause an emergence of any risks for himself/herself or for the other passengers, or property of passengers and of the airline;
- the passenger did not follow the airline’s instructions associated with assurance of flight safety, in connection with which the airline fails to perform its obligations to passengers that are on board the aircraft;
- the passenger behaves in such a way that his/her behavior causes concerns for proper assurance of flight safety during transportation. The passenger demonstrates an aggressive behavior and/or issues threats to other passengers, employees of the airline and the crew;
- the passenger refuses to undergo inspection by the security service staff of the airline, airport or corresponding state authorities;
- the passenger may constitute or already constitutes a danger for other passengers (baggage, cargo) or for aircraft;
- the necessary fare and/or charges (taxes) were not paid by the passenger;
- the passenger did not present for inspection the documents necessary for the trip;
- the passenger attempts to enter a country without a valid entrance document;
- during the flight the passenger damaged or lost the identification documents, that makes it impossible to confirm the identity of such a passenger;
- the passenger has alcoholic or narcotic intoxication;
- the has done before any of the actions foreseen by the paragraph two-eleven of this clause and there are grounds that such a behavior can be repeated;
- the ticket presented by the passenger is not valid for transportation, it was purchased from the person that is not the airline or its sales agent, it was declared lost, stolen, invalid, it contains the signs of counterfeit;
- the passenger presented the flight coupon that was spoiled or corrected by the person that is not the air carrier or its sales agent;
- there is the first unused flight coupon in the ticket, and the passenger begins own trip at any other point of stop on the transportation route in accordance with the new fare that is not regulated in compliance with the fare regulations of the air carrier;
- the person that presented the ticket cannot identify himself or herself as the person indicated in the ticket;
- in the other cases foreseen by these Rules.
10.3 The air carrier has the right to withdraw the ticket, to hold it invalid and to refuse to return its value if:
- the ticket was bought in the person that is not the air carrier or its sales agent;
- the ticket was declared as lost, stolen, has the signs of forgery;
- the person that presented the ticket can not identify himself/herself as the person stated in the ticket;
- it was established the fact that the ticket was purchased using forged, stolen or invalid payment card;
- the tariff was used incorrectly or the passenger did not pay the cost of air carriage to the full extent at the day of execution of air transportation not to the fault of the air carrier and/or sales agent.
The air carrier shall be entitled to withdraw the ticket, to hold it invalid or to return its value according to item 3 paragraph 2 part 18 of these Rules, if the ticket validity was violated or there is the first unused coupon, the passenger starts own trip in any other place of stop on the transportation route by the new tariff that is not regulated according to the tariff regulations of the air carrier. The air carrier has the right to withdraw the ticket, to hold it invalid and to confirm the ticket copy if the passenger presented damaged flight coupon.
10.4 If the passenger was refused to be transported or further transported due to the reasons foreseen by the clause 2 of this part, the air carrier has to inform the passenger in the written form about the fact that such a passenger will be refused of transportation by the air carrier flights.
10.5 The passenger who was refused carriage or further carriage for reasons specified in paragraph 1 of this Article shall be entitled to enforce the return of sums paid by him/her in accordance with item 1, 2 paragraph 2 part 18 of these Rules.
10.6 The passenger who was refused carriage or further carriage for reasons specified in paragraph 2 of this Article shall be entitled to receive voluntary return of sums paid by him/her in accordance with item 3 paragraph 2 part 18 of these Rules.
10.7 If the airline holds off the passenger for no good reason with regard to control inspection done for the purpose of ensuring civil aviation safety, the air carrier shall provide at the choice of such passenger transportation by any next flight or fully reimburse the cost of the ticket or its unused part.