Air carrier's responsibilities and the amount of compensation for damage
|26.1||Death and injury of a passenger. Damage of a baggage|
|26.1.1 The air carrier shall be responsible for damages caused death or injury of a passenger, only provided that the event which caused death or injury happened on board the aircraft, or during boarding or disembarkation of the passenger to/from the aircraft.
26.1.2 The air carrier shall bear the responsibility for damage caused in case of destruction, loss or harm of checked baggage, only on condition, the incident which caused destruction, loss, or harm of a baggage happened on board the aircraft or at the time when the air carrier was responsible for safekeeping of checked baggage.
In regards to unchecked baggage including passengers’ personal items, the air carrier shall bear the responsibility, if the damage was caused through its fault or the fault of its employees or handling agents.
The air carrier shall not bear responsibility for damage of the baggage caused by its defect, qualities or shortcoming.
26.1.3 If the air carrier acknowledges loss of checked baggage and if checked baggage does not arrive after 21 days, calculating from the date, when it supposed to arrive, the passenger may set demands to the air carrier in accordance with the provisions of air transportation agreement and provisions of these rules.
|26.2||Air carrier compensation for damage caused due to delay in transportation|
|26.2.1 The air carrier is liable for damage caused by delays in the carriage of passengers and baggage by air, unless it proves that it, its employees and sales and/or handling agents have taken all possible steps to avoid harm, or that he (they) did not have the opportunity to take such measures.
26.2.2 For inadequate transportation of passengers and baggage, the airline reimburses only the actual damage caused by the passenger, but within the limits of liability for damage established by these Rules.
|26.3||Exemption from responsibility|
|26.3.1 If the air carrier can prove that the harm was caused or its appearance was encouraged by negligence, illegal action or inaction of the passenger, who requires reimbursement, or person, who presents his/her rights, the airline in whole or in part is exempted from the responsibility to the passenger, who requires the reimbursement to the extent, in which such negligence, illegal action or inaction caused the harm or encouraged its appearance.
26.3.2 If such requests for reimbursement are claimed by a person, other than a passenger, in connection with death or injury, the air carrier also in whole or in part is exempted from the responsibility to such an extent as it will prove that the negligence, other illegal action or inaction of this passenger caused the harm or encouraged its appearance.
|26.4||Compensation in case of death or personal injury to the passenger|
|26.4.1 The air carrier cannot exclude or limit its liability for damage resulting in death or personal injury to the passenger, under the conditions specified in section 1 of this part, in the amount of 250,000 SDR for each passenger.
26.4.2 The air carrier shall not be liable for damage resulting in the death or personal injury of the passenger, and the amount of which exceeds the dimensions specified in point 1 of this section, under the conditions specified in section 1 of this part, if the air carrier proves that:
26.4.4 When making a ticket, the air carrier must ensure that the passenger is provided in writing with the main provisions governing the air carrier’s responsibility to the passenger and for his baggage.
The air carrier is obliged to provide the passenger with a written notice of the scope of responsibility of the air carrier in relation to the passenger and baggage.
|26.5||Limits of liability for harm caused by delay|
|26.5.1 The air carrier’s liability for damage caused due to the delay in the carriage of passengers by air on any flights is limited to the amount of 4694 SDR for each passenger.
26.5.2 Responsibility of the air carrier in case of destruction, loss, damage or delay in transportation of checked baggage is limited to the amount of 1,131 SDR.
26.5.3 The air carrier is not liable for damage caused by the delay of the flight, if it proves that it, its employees and handling agents have taken all necessary measures to avoid harm, or that such measures were not possible.
26.5.4 The provisions of points 1 and 2 of this section do not apply if it is proved that the harm is the result of the action or inaction of the air carrier, its employees or handling agents committed intentionally to cause harm or negligence and with the knowledge that as a result of such actions the damage can be caused, and provided that in the event of such an act or omission of an employee or handling agent, it will be proved that this employee or agent acted within the limits of his duties.