Complaints and claims

27.1	General provisions on the submission of claims and complaints
	27.1.1 Any claim of improper carriage of a passenger or baggage must be filed with the air carrier in writing and delivered or sent within the deadlines stipulated by the Montreal Convention and the current legislation of Ukraine. The authorized body for civil aviation may consider the claims of passengers in the event of their receipt only after the claims have been reviewed by the air carrier in order to determine the compliance of the results of the consideration with the Aviation Rules of Ukraine. The claim must include all necessary documents confirming the passenger’s right to claim compensation depending on what the claim is being made about, including a ticket (itinerary-receipt), fiscal receipts for payment for services (except for taxi services), receipt of overtime baggage, tear-off baggage tag, PIR - Property Irregularity Report, DBR - Damage Baggage Report, certificates of delays and other documents that can speed up the consideration of the claims requirements. The interested party has to prove the amount of the claim. 27.1.2 Claims should be considered pursuant to the procedure established by the air carrier. Having received a claim, the air carrier shall forward claimant within 15 days from the date of its registration notification-request, by which informs the claimant about receipt of the claim, about necessity to present additional documents if necessary and terms of the claim’s consideration after receipt of documents required for its consideration. 27.1.3 The air carrier is obliged to consider the claim and notify the claimant of its satisfaction or rejection, with justification of the reasons within three months from the date of its receipt, if the carriage in connection with which the claim was made, was fully carried out by one carrier. If other carriers took part in such transportation, the term of claim’s consideration may be extended up to six months, with taking into account applicable rules of claims settlement of such carriers. 27.1.4 A claim for compensation for damage caused by an air carrier during air transportation may be filed in accordance with the conditions and limits of liability provided for by the Montreal Convention and the laws of Ukraine, without prejudice to the rights of others to go to court. 27.1.5 Claims on the carrier’s liability in international carriage for the improper carriage of a passenger or baggage shall be given, by a passenger’s choice, to the court at the location (registration) of the air carrier, at the place of its main activity (main office) or at the place where the company, through which the air transportation agreement was concluded, is located, or to the court of destination of carriage for two years from the date of arrival at the place of destination, or from the date when the aircraft was supposed to arrive, or from the date when transportation was terminated. 27.1.6 The total amount of compensation for harm may not exceed the limits of liability established by these Rules. The air carrier under the agreement, the actual air carrier, sales and/or handling agents who acted within their duties, are liable for damage caused by them in an amount not exceeding the limits of liability established by these Rules and applies to it. 27.1.7 If the claims for compensation for harm, defined by these Rules, are addressed to the employee of the air carrier or sales agent and/or handling agent, he is entitled to refer to the conditions and limits of liability to which the air carrier has the right to refer if he proves that he acted within his business duties. 27.1.8 In the event of the death of the person responsible for damages, a claim for damages is filed in accordance with the provisions of the Montreal Convention against persons who legally represent him/her or dispose of the property of that person. 27.1.9 A claim for damages that occurred during an air carriage performed by the actual carrier may, at the option of the passenger, be filed before the actual carrier or to the contract carrier or to both carriers at the same time. 27.1.10 Recalculation of the amounts specified in the SDR in the national currency is carried out in accordance with the value of currencies in the SDR at the rate of the National Bank of Ukraine on the date of the court decision or the air carrier’s decision on the passenger’s claim.
27.2	The procedure for complaints and claims for the improper transportation of a passenger
	27.2.1 If a complaint is made or a claim is filed for compensation for damage caused as a result of a delay in the carriage of a passenger, the amount of compensation shall be limited to the amount specified in point 1 of section 5 of part 26 of these Rules. The interested party has to prove the amount of the claim. 27.2.2 Claims on the carrier’s liability for damage caused as a result of death or injury should be submitted, at the option of the claimant, to one of the vessels referred to in point 5 of section 1 of this part. For flights between Ukraine and the European Union, a claim may be filed in the territory of a member state of the European Union in which the passenger has a principal and permanent residence at the date of the event and to/from which the air carrier provides services related to the air transportation of passengers on its own aircraft or on aircraft of another air carrier on the basis of a commercial agreement, and in which this carrier carries out activities related to the air transport of passengers using the premises, rented by the air carrier or another carrier with which it has made a commercial agreement, or which belongs to it or to such other carrier. Claims regarding the liability of the air carrier regarding the improper air carriage of a passenger may be filed within the time limits established by law without prior claiming to the air carrier. 27.2.3 The right to compensation for harm is lost if a claim for liability is not filed within the time limit in accordance with the Montreal Convention and the current legislation of Ukraine from the date of arrival to the destination, or from the date when the aircraft was supposed to arrive, or from the date of termination of the transportation. 27.2.4 In the event of a claim to the air carrier for the return of funds for the check-in operation at the airport due to the inability to register via the website, the obligation to prove the opposite is placed on the air carrier.
27.3	The procedure for complaints and claims for the improper transportation of baggage
	27.3.1 Obtaining checked baggage by a person who has the right to receive it, without making a claim, provides for evidence to the contrary that the baggage was delivered in proper condition and in accordance with a carriage document or record kept by other means of storing information. A passenger shall testify to the opposite by drawing up PIR - Property Irregularity Report or DBR - Damage Baggage Report prior to leaving the airport baggage compartment. 27.3.2 Claims for damage to baggage, lack of content are submitted immediately or no later than seven calendar days from the date of receipt of checked baggage. In case of delay of the carriage of baggage, the claim should be filed within 21 calendar days from the date when the baggage was handed over to the passenger. 27.3.3 Claims for the loss of baggage are presented to the carrier after the baggage is recognized as lost. Baggage is considered lost if it is not revealed by the results of a search within 21 calendar days from the date following that when the baggage was supposed to arrive at its destination. In this case, claims against the air carrier should be filed for two years (for international traffic) and three years (for flights within Ukraine) from the date of arrival of the aircraft to its destination, or from the date when the aircraft should have arrived at its destination or from the date the carriage terminated. 27.3.4 Responsibility of the air carrier for the destroyed or lost baggage is limited to the amount specified in point 2 of section 5 of Part 26 of these Rules. 27.3.5 If a claim is made for damage to the baggage packing, the cost of repairing it shall be compensated. In case of impossibility of further use of damaged packaging of baggage, its value is subject to compensation, which is confirmed by the interested person. The air carrier is not liable for such damage to baggage: broken wheels and legs of suitcases, bags and the like; lost straps and loops; slight scuffs or scratches, damage as a result of excessive filling of the suitcase; damage to the suitcase or bag handle; damage to fragile items or products that deteriorate quickly; damage to improperly packaged items. 27.3.6 If a claim for partial loss of baggage weighing up to 1 kilogram is made, the weight indicators indicated in the recommended practice of IATA 1751 (Appendix A) can be used to recover the value of partially lost baggage. 27.3.7 If a claim is made for compensation for damage caused due to a delay in the carriage of baggage, the amount of compensation is limited to the amount specified in point 2 of section 5 of Part 26 of these Rules. The interested party has to prove the amount of the claim. 27.3.8 In the absence of claims in the periods specified in points 2 and 3 of this section, for international air carriage, no claims against the carrier for improper baggage transportation are accepted, unless the carrier uses deception. Claims regarding the improper transportation of baggage on domestic flights is carried out in accordance with the current legislation of Ukraine.