Passenger right for reimbursement in the case of denied transportation, cancellation or long-lasting flight delay

15.1	Order of reimbursement application
	15.1.1 Provisions of this section are applied to passengers of scheduled and charter flights which were denied transportation against their will, or flights which were cancelled or delayed, on condition that passengers have confirmed reservations on appropriate flights and, except for the case of cancellation specified in part 14 of these rules, are present for check-in at the time specified by the carrier’s rules and indicated in writing (including electronic means), or, if check-in time is not indicated, not later than 45 minutes before indicated time of flight departure, or he/she reserved a seat on the flight, which was delayed/postponed by the carrier or freighter of the aircraft (tour operator) on other flight for any reason. In case of denial of transportation, cancellation or delay of a flight, regardless of the duration, passengers with disabilities or limited mobility and persons accompanying them, as well as unaccompanied children in accordance with this section are entitled to first aid. 15.1.2 Provisions of this section are not applied to passengers travelling at free or reduced fares, which directly or indirectly are not available for other passengers, but these provisions apply to passengers who have been issued tickets according to the airline’s program for passengers who frequently fly (loyalty program). 15.1.3 If the air carrier pays the compensation or provides the services as provided in this section, no provision of this section shall be construed as limiting the right of the air carrier to require the respective refunds from any person, including third parties, in particular based on claims for compensation from the tour operator or another person with whom the air carrier has signed a contract. Respectively, any provision of this section shall not be interpreted as such that limits the right of tourist operator or third persons, other than the passenger, with which the airline concluded the contract, to request reimbursement or compensation from the air carrier by applicable legislation of Ukraine. 15.1.4 The distances indicated in this section are measured according to the orthodromic distance of the route. 15.1.5 In the case of obligations to passengers on a flight, which is carried out on the basis of an agreement on the sharing of codes (codesharing), the actual carrier is responsible for the provision of services and payment of compensation. If the number of passengers having a confirmed reservation exceeds the number of available seats in the unit, the provision of services and compensation will be provided by the air carrier that made the resale. 15.1.6 In the event of non-payment of monetary compensation provided for in this section, at the airport where the refusal of air carriage or cancellation of the flight occurred, payment of compensation provided for by this particular party shall be made upon written request from the passenger. The air carrier has to give an answer within the time limits stipulated by the Law of Ukraine "On citizens’ appeals”.
15.2	Reimbursement to a passenger in case of denied air transportation
	15.2.1 In cases where the carrier has advance knowledge that a passenger with a confirmed reservation will be denied boarding, the carrier is obliged to communicate this with the passenger and offer compensation which in turn should be agreed with by the passenger. 15.2.2 Except the payment of remuneration the air carrier offers to a passenger to choose: reimbursement of the cost of air transportation within seven days shall be paid in cash, by electronic bank transfer, bank order, or bank cheque or, (if there is witnessed written consent of the passenger), in the form of travel cheques, and/or other services, full cost of the ticket at price it was purchased, for unused part of the ticket and for used part or part of the ticket, if the flight does not meet demands of the passenger, and also if there is necessity to provide return transportation to initial point of departure at the first opportunity; rerouting is fulfilled upon relevant transport conditions: to final destination point at the first opportunity or by passenger’s request to the final destination point at a later time, and upon the availability of spare seats on the flight. 15.2.3 Transportation of a passenger from the airport, where denied transportation has occurred to the airport from which an alternative route is offered by the air carrier, and from the airport of alternative landing to the airport where passenger was originally supposed to arrive on the flight to which transportation was denied, is paid at the air carrier’s expense. 15.2.4 If there are no passengers who agree to voluntarily refuse to travel on this flight, or their number is insufficient, then the carrier has a right to deny carriage against their will. 15.2.5 If passengers were denied transportation against their will, the air carrier pays reimbursement in the following amounts: 250 euro – for flights with a range up to 1500 kilometers; 400 euro – for flights with a range from 1500 to 3500 kilometers; 600 euro – for flights with a range above 3500 kilometers. The calculation of the flight distance is based on the last location at which the passenger was denied boarding, where the passenger had a reserved seat and whereby the flight scheduled was delayed. 15.2.6 The airline has a right to reduce the amount of reimbursement specified in point 5 of this section by 50% if the passenger was offered rerouting to his/her destination point by alternative flights, the arrival time of which does not exceed scheduled: two hours – for flights with a range up to 1500 kilometers or less; three hours – for flights with a range from 1500 to 3500 kilometers; four hours – for flights not mentioned in the second and third instances of this point. 15.2.7 Payment of the reimbursement does not exempt the air carrier from obligation to offer a passenger services of his/her choice and reimbursement of expenses, specified by point 2 of this section and point 5 of section 3 of this part
15.3	Reimbursement to a passenger in case of flight cancellation
	15.3.1 In the case of flight cancellation the air carrier offers to passengers the service according to point 2 of this section 2 of this part and reimbursement according to points 5, 6 of section 2 of this part. A passenger has a right to reimbursement if he/she was not notified about flight cancellation: at least two weeks prior to scheduled flight departure time; within the period no more than two weeks prior and no less than seven days prior to scheduled departure time and offered rerouting that gave the opportunity to leave the departure point not later than two hours prior to scheduled departure time and to arrive at final destination point not later than four hours after scheduled arrival time; less than seven days prior to the scheduled departure time, and rerouting is offered that provides the opportunity to leave the departure point not later than one hour prior to scheduled departure time and arrive at final destination point not later than two hours after scheduled arrival time. 15.3.2 The air carrier, cancelling or delaying a flight, shall provide passengers on their request explanation concerning reasons of cancellation or delay of the flight. If there is necessity to provide in good time, transfer of transit passengers to connecting flights, the air carrier at the first opportunity will offer them alternative routes of carriage. 15.3.3 The air carrier is not obliged to pay the reimbursement specified by points 5, 6 of section 2 of this part, if it can give confirmation that the reason for flight cancellation was caused by action of force-major or an extraordinary situation, which could not be prevented even if all measures were taken. 15.3.4 Proof that passengers have been notified about rules and conditions of carriage, order of seat reservation on flights, fares, taxes (charges), schedule and terms of flight operation is lies with the air carrier, its sales agent, tourist operators and other authorized bodies upon where the air transportation agreement was concluded. 15.3.5 In the case of flight cancellation by the air carrier and further travelling of passengers on another flight (flights) or other route, passengers must be offered and provided free of charge: food and cold beverages according to time waiting for new flight; hotel accommodation, in cases where passengers are forced to wait for departure for one or more nights or if the time of additional waiting is more than expected; ground transfer en route to the airport – hotel – airport; two telephone, telex, fax messages or messages by electronic email, if the technical conditions of the airport allow. 15.3.6 The air carrier pays special attention to the needs of passengers with limited physical capabilities, disabled persons and persons who accompany them, and also to the needs of children who are unaccompanied by an adult.
15.4	Providing passenger service in case of flight delay
	15.4.1 The air carrier should provide passengers with food and refreshment beverages according to the standards, established by it, and the opportunity to make two free calls or send telex, fax messages or e-mail messages, if there are technical conditions for this, in case of flight delay for a period: above two hours or more of the scheduled departure time for flights with a range up to 1500 kilometers; above three hours or more of the scheduled departure time for flights with a range from 1500 to 3500 kilometers; above four hours or more than scheduled departure time for other flights, not specified in the first and second indentions of this point. 15.4.2 If operation of the delayed flight is postponed for one day, following the day of its operation, as specified by the schedule and indicated on the ticket, the air carrier will provide passengers with hotel accommodation, food and transfer en route to: airport – hotel- airport. 15.4.3 If flight delay exceeds five hours then passengers are offered services according to point 2 of section 2 of of this part.
15.5	Reimbursement to passenger for changing of class service
	15.5.1 The air carrier has no right to request any additional payment from a passenger if it places the passenger in the class higher than indicated on the ticket. 15.5.2 If the air carrier places a passenger into the class lower than indicated on the ticket, then within seven days after carriage completion it shall reimburse: 30 % of fare - for flights with a range up to 1500 kilometers; 50 % of fare - for flights with a range from 1500 to 3500 kilometers; 75 % of fare – for other flights, not mentioned in the second and third paragraphs of this point. 15.5.3 Reimbursement for placement of a passenger in a class lower than indicated on his/her ticket is calculated by the segment in which class of service was downgraded, by method of prorate division.