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Air carrier’s liability
Air carrier’s liability and the amount of liability for harm caused to the passenger, shipper or a third party for carriage by air are determined in accordance with the legislation of the Kyrgyz Republic, unless the air carriage contract does not provide a higher amount of liability for an air carrier.
Air carrier’s liability for luggage
An air carrier is liable for any loss, damage, lack of baggage and hand luggage on domestic and international carriages in the following sizes:
- For any loss or shortage of checked baggage accepted for carriage with declared value in the amount of insured value, and if the air carrier proves that the declared value exceeds the actual cost at the rate of the actual cost;
- For loss, damage or shortage of checked baggage, with no declared value, as well as the luggage that is with the passenger, in the amount of the actual cost but not exceeding the limit of the air carrier’s liability, limited by international conventions acting in relation to Kyrgyz Republic.
Period of delay in luggage delivery should be calculated from the end of issuing baggage of the flight, the passenger was flown by, until the time of sending him a notice on luggage arrival.
Payments are made in KGS in the territory of the Kyrgyz Republic by transferring a foreign currency into soms at the rate of the National Bank of the Kyrgyz Republic (NBKR), acting on the day of issuing the amount to the applicant.
An air carrier is liable for loss, shortage or damage (damage) carry-on baggage and other property of a passenger only if it is proved that this damage was caused by the air carrier’s fault.
Air carrier’s liability for delay
Unless otherwise specified in the air carriage contract, in the case if a flight is delayed and subsequently canceled by the air carrier’s fault, at the passenger’s request, the air carrier pays the latter with compensation at the rate of the air carriage at the segment where there was this delay:
- 10 percent – at a delay of more than 4 hours when operating domestic flights;
- 25 percent – at a delay of more than 8 hours when operating international flights.
Compensation for delay of carriage is paid no later than thirty (30) days from the day of this delay at the point of departure/landing or at any other destination specified in the air ticket, or, when this is not applicable, at any destination reported to a passenger by the air carrier.
In the case of refusal a passenger in carrying, his delay time is calculated from the date and time of departure of the aircraft specified on the initially submitted air ticket until the date and time specified in the replaced air ticket.
The air ticket with the inscription in the “form of payment” field made by an air carrier’s official is a basis for paying a compensation for failure or delay in carrying a passenger. The air carrier makes an act of the air ticket’s replacement. Based upon the way of the passenger’s dispatch approved by him, the amount of monetary compensation should be determined and recorded in the act (after indicating the reason of violation).
The amount of monetary compensation should be paid when issuing a new air ticket. All kinds of fees are not charged from this passenger, as recorded in a claim submitted to an air carrier that has committed these violations.
The act should be made in three copies. In this case:
- 1st copy – for submitting claims on paying a compensation to an air carrier that caused this violation;
- 2nd copy - to be kept by the air carrier;
- 3rd copy - the agent’s one.
In the new air ticket, one put a stamp, “Compensation for delay is ______________ percents”.
In the case of the passenger’s refusal from the offered option of flight the air ticket is accepted for return.
Air carrier’s exemption from liability
An air carrier is not responsible for and does not cover losses for damages arising directly or indirectly due to compliance with the laws, regulations, rules and regulations of public bodies and these Regulations by this air company, or due to passenger’s non-adherence to these rules, etc.
An air carrier is not liable for damages caused through no fault of this air carrier.
An air carrier is not liable if the passenger’s death or injury were caused by his health condition.
An air carrier should not be liable before the passenger in an action brought against him by or on behalf of a person who intentionally caused damage that led to the passenger’s death, injury, bodily injury or damaging his baggage during carriage.
An air carrier should be exempt from liability if he proves that the loss, shortage or damage to baggage happened due to the circumstances, which he could not prevent or elimination of which did not depend from him, in particular, due to:
- Guilt of the person who delivered or received baggage;
- Natural properties of carrying subjects;
- Packing defects, which could not be seen on external examination of the received luggage;
- Special properties of the items or substances that were in the baggage, which require special conditions or precautions for carrying and storing them.
An air carrier is not responsible for:
- The shortage of the baggage’s weight in the case of the arrival and giving it to a passenger in proper packaging, with no trace of theft and damage, if the passenger does not prove there was a shortage of baggage and it happened by the air carrier’s fault;
- the delay in delivery of luggage due to circumstances beyond the air carrier’s control, in particular, due to adverse weather conditions, natural disasters, interventions in the transportation process by the not authorized to do so and others;
- damage of fragile and perishable items, for money, jewelry, precious metals, silverware, securities and commercial papers, medications, keys, passports, identity cards and other things that are not accepted as checked baggage, regardless of whether the air carrier knows about the existence of these things in your luggage or not.
Passenger’s liability
If an air carrier has suffered damage through the passenger’s fault then the passenger should be liable for damages in the range of the caused damage and proven loss of profit.
A passenger is responsible for any failure to comply with safety rules on board the aircraft, as well as any other regulations that are specified in the air carriage contract, or which may be brought by the commander of the aircraft or crew on board the aircraft, as regards the flight safety in relation to the aircraft or people on it.
Shipper’s liability
A shipper is liable for harm caused to an air carrier or a person to whom the air carrier is liable, as a result of incorrect or incomplete information provided by the shipper.
Shipper should reimburse all costs incurred by the air carrier, as a result of failure to comply with the requirements of state and administrative bodies.
Reclamations
The circumstances and facts that may constitute grounds for filing a claim by an affected person and, accordingly, property liability of the air carrier, passengers, shippers and consignees of baggage and cargo, should be certified by a relevant act.
Claims are delivered to an air carrier at the point of departure or destination at the applicant’s discretion.
Commercial Act should be drawn up by the officials of the point where there is an event that caused the claim. Commercial act is made to ascertain the circumstances and facts for the right to compensation for damage resulting from carriage, and filing a claim.
Upon delivery of shipments to an airport the circumstances and facts for preparing a commercial act are as follows:
- Discrepancy between the name of baggage or cargo, weight or number of pieces of baggage or cargo specified in the shipping documents;
- The shortage or damage to baggage or cargo;
- Damaged package of luggage or cargo;
- Finding baggage or cargo without documents, as well as documents without baggage or cargo.
Commercial act is the basis for:
- Investigating the reasons and identifying those responsible for loss, shortage or damage to baggage or cargo;
- Searching for baggage or cargo, its owner and the consignor (consignee) of this cargo;
- Making claims;
- Working out and conducting measures to establish the reasons of loss, shortage or damage to baggage or cargo.
Only the facts attesting the presence of a specific fault in carrying a passenger and his luggage and/or shipping operations should be entered to the commercial act.
The fact of that baggage or cargo’s faultiness is confirmed by a relevant act, which is immediately made at the passenger’s request, shipper or consignee and signed by an air carrier, representative of the airport’s law enforcement or other authority and a consignee/shipper.
In the case of refusal to sign an act on damaged baggage/ cargo by the passenger/consignee/shipper or the air carrier the representative of law enforcement or another authorized body of the airport should record this in the act. In this case the fact of the baggage/cargo’s damage degree is proven by means of the expertise check or by court in accordance with the applicable law.
If, when carrying baggage or cargo one finds faultinesses of baggage or cargo at an intermediate destination, on which one has already been drawn up the act, and there have been no any differences between the state of baggage or cargo and the act’s data then a new act is not made but one makes a mark on the copy of the previously drawn up act that there have been no any changes in the status of baggage or cargo since the last act was drawn up. This note on the act is certified by a stamp and signature of the air carrier’s representative.
The first copy of this act is issued to the passenger (consignee) – the owner of the carrying baggage/cargo.
Terms for reclamations
In the case of the domestic carriage the claim to an air carrier may be presented by a passenger within a period of six months. The specified period should be calculated:
- On claims to compensate for the shortage of or damage to baggage or cargo, as well as for delay in delivery of baggage or cargo – from the day following the day of issuance;
- On claims to compensate in the case of the lost cargo – 10 days after date of delivery;
- In all other cases – from the day of the event that served as the basis for making a claim.
In the case of international carriage, a passenger should file a written statement indicating the general nature of damage or shortage of baggage or cargo within the following terms:
- In the case of damage or shortage of baggage – within seven days from baggage receipt and no later than 14 days from the date of cargo receipt;
- In the case of delay in delivering baggage or cargo – within 21 days from the date of issuing baggage or cargo to a passenger or a person entitled to receive it;
- In the case of the lost baggage or cargo – within six months from the date of aircraft’s arrival in the destination point or from the date when it was supposed to arrive, or from the date of cessation of air carriage.
Baggage or cargo is considered terminated if it is not found in the search within 21 days from the day following the day, on which it was to arrive at the destination point.
If a written application and/or claims sent within the terms indicated above are lacking then the claim to this air carrier can not be filed.
An air carrier has the right to take up the complaint after the deadline, if it finds a valid reason for missing the term of this claim.
Consideration of claims
The air carrier’s complaints commission is involved in considering claims and making decisions on them. This commission’s decision is approved by the air carrier’s leadership or by a person replacing it.
Consideration and making decisions on claims is carried out based upon the case records provided by the employees working with the service on work with clients’ applications, a group on searching for baggage and freight traffic manager in accordance with the rules and guidelines established by international practice and the civil aviation practice based upon the objective circumstances of the case.
A passenger or an authorized person has the right to file claims to an air carrier upon presenting an air ticket, baggage check, air waybill and commercial act.
Lack of commercial act does not deprive the right to file a claim or the right on action if it is proved that the airline or airport’s representatives refused to make a commercial act/record.
The claim is imposed on each shipping document at a time.
In the case if the passenger’s health damages the injured party has the right to bring a suit to the air carrier compensate his harm, and, in the case of his death – the persons entitled to compensation in accordance with the general rules of the civil legislation. To determine the liability fact the air carrier:
- Issues a reference document/certificate to the passenger who has received personal injury or sends this info to his address that this passenger was carried on the aircraft and received a personal injury in an accident on this aircraft. The certificate should specify the place and the date of this accident, the flight number, ownership and type of aircraft and the air ticket number;
- In the case of the passenger’s death the air carrier sends an appropriate notification with indication of all data listed above at his place of work, the members of his family or, if there are no any, or it is impossible to send on these addresses – to appropriate law enforcement agencies;
- Makes a list of personal belongings of the deceased passenger, his baggage and documents and sends them to the family members, to his place of work or, if there are no any, or it is impossible to send on these addresses – to appropriate law enforcement agencies, having indicated the location where the belongings and documents are stored.
When preparing a claim one should consider the following:
- In the case of loss or shortage of baggage and/or cargo, the carriage of which was paid for, the air carrier compensates this damage and returns the amount for carriage paid by the passenger/consignor in accordance with the terms of the air carriage contract;
- If the passenger received only a part of the checked baggage/cargo then the air carrier’s liability is determined based on the weight of the lost or damaged part of this baggage. However, when the loss, shortage, damage or delay in delivery a part of the checked baggage affects the cost of other pieces of luggage included in the same baggage check then, when determining the amount of compensation, one takes into account their total weight.
The claim should be described in writing in the form of an application and should contain all necessary information for consideration. The statement of claims should contain:
- The name of the air carrier, to which the claim was made;
- The name and address of the applicant;
- The circumstances that are the basis for a claim, the content of this claim;
- The amount to be paid for the claim and its settlement confirmed by documents;
- A list of documents attached to the application.
The claim application should have the following attached documents:
- The original documents certifying conclusion of the air transport contract and confirming the applicant’s right to file a claim;
- The acts issued by the air carrier confirming the existence of shortage or damage to baggage or cargo;
- A document certifying the amount of damage caused by the loss, shortage or damage to baggage or cargo.
If the statement of claim is filed without enclosed/attached the above-listed documents then an air carrier additionally requests the required documents, specifying the term of their submission and, at the end of this period, the claim is considered on available documents.
In the case of rejecting the applicant’s claim, all documents submitted upon presenting the claim are returned together with the notice. In the case of partial satisfaction of the claim the claimant receives only those documents submitted by him that were not the base to pay a satisfied part of the claim.
If the claim was denied in whole or in part or if the response was not provided within the prescribed period then the passenger has the right to bring a suit to the air carrier to be considered in court.
Terms for considering claims
An air carrier considers a claim and notifies the applicant on approval or rejection of it within three (3) months, and in respect of the claim on carriage in a direct and mixed message – within six (6) months.
Claims to an air carrier arising out of carriage by air are imposed at the option of the plaintiff at the location of the air carrier, the office that sold an air ticket or the destination not later than two (2) years from the date of aircraft’s arrival in this destination or from the date, on which the aircraft was supposed to arrive or from the date of terminating this carriage.
Carriage documents are prepared by entering the required data into a carriage document.
A carriage document after booking is prepared within the time specified by a carrier.
To prepare the payment of fees by a carrier, one uses a document (Miscellaneous Charges Order) worked out by the carrier that certifies the payment of fees and services, a document worked out by the carrier confirming the payment for carriage and excess baggage, baggage with a declared value, other luggage subjected to an additional payment (a receipt for excess baggage payment), a document certifying the payment of fees and services (various charges receipt), other documents in accordance with the legislation of the Kyrgyz Republic.
An air ticket is issued based upon data of the passenger’s identification document. In the case of selling discounted carriage or carriage at a special fare, the air ticket is issued based upon data of the document indicated in the first subparagraph of this paragraph, and the documents confirming the passenger’s right on discount or applying a special tariff. In the case of paying for carriage by non-cash payment or with delay in paying the air ticket is issued based upon data of the document indicated in the first subparagraph of this paragraph, and the documents confirming (guaranteeing) the payment for carriage.
A passenger may get the issued air ticket or itinerary/receipt independently by using the Internet in accordance with the order established by the carrier.
The air carrier informs the passenger about necessity to save the unused air ticket coupons by the passenger during the entire journey.
In the case of changing the terms of the agreement on air carriage one enters appropriate changes to the carriage documents or a new carriage document is issued.
If a passenger declares his air ticket has been lost or incorrectly issued, or damaged then the air carrier immediately undertakes all possible measures to establish the fact of concluding a contract on air carriage.
Lacking, incorrectness or loss of the passenger’s air ticket does not affect both the existence and validity of the contract on air carriage.
Carriage that should be performed under the contract on air carriage by several air carriers but on one carriage document or registered by an additional carriage document with him should be considered, as a single carriage.
Refund for unused air carrier’s carriage documents is done in the cases of the passenger’s forced or voluntary refusal from flight.
The application for refund on unused air ticket, a part of it, or MCO may be accepted by the air carrier during the air ticket’s effective period (before its expiration).
The air ticket is invalid for refund with unused flight coupons if the following flight coupons have already been used.
If an air ticket is lost including its unused coupons, MCO, as well as in relation to the duplicate issued in exchange for the lost air ticket, in this case, refund is not done by the airline.
Refund is done only if a passenger’s coupon and all unused air ticket’s flight coupons are submitted to the air carrier.
Refund on unused air carrier’s carriage documents is done only to the person, in whose name the air ticket was issued. Other persons are refunded only if they have a notarized power of attorney.
When returning air tickets purchased for children under 16 years old the money can be refunded to the parents based upon their application after verifying the documents confirming the relationship.
Refund for unused airline’s carriage documents is done at the place where they were issued.
In exceptional cases, if a passenger does not return back to the point of return destination, or he returns after the deadline for this return then the refund may be done at the air carrier’s representative office on its branch establishments.
Refund is done in the original currency, in which the carriage was initially paid for, or, at the request or lacking this currency – in other convertible currency at the official exchange rate set on the day of allocation.
The air ticket that is subjected to refund should have the inscription of the air carrier’s official person (shift supervisor, administrator, senior manager, an air carrier’s representative abroad) certified by a personal stamp and a signature, indicating the time and the date when the previously booked seats are annulled.
If a passenger is forced to refuse from a flight refund is done in the following cases:
- If none of the carriage’s segments was implemented then the entire amount paid for this carriage including all charges is refunded;
- If this carriage was implemented partly then the entire amount corresponding the cost of the remained backlog of the carriage is refunded.
From the amounts refunded to a passenger, one deducts all charges, payments and expenses that were paid or will have to be paid by the air carrier for the passenger or for his luggage.
General Provisions
Cargos transported by air do not change their properties that may cause any threat to flight safety.
The maximal weight and dimensions are limited by the sizes of the cargo loading hatches and cargo compartments in passenger aircraft.
Registration and receiving of cargo
An airway bill is issued and signed by a consignor in three original copies, and is passed to an air carrier when handing over cargo for carriage. In this case:
- The first copy of the airway bill flies with cargo and is transferred to a consignee when he receives cargo;
- The second copy of the airway bill or “receipt on cargo reception” is passed to a shipper;
- The third copy of the airway bill is kept by an air carrier.
A consignor has the right to change a consignee in the airway bill prior to issuing the cargo to the consignee.
A shipper is responsible for the authenticity of documents provided by him, as they are necessary for air carriage.
When carrying out international air carriages of cargo the airway bill is issued at least in three copies. In this case:
- One copy is at the air carrier;
- One copy flies with cargo and is handed over to a consignee when issuing shipments;
- One copy stays with a shipper;
- Copies of the airway bill are provided to other parties.
Adding data regarding tariffs and charges is done by an air carrier.
An air carrier may require from a shipper or his authorized representative to fill-in additional airway bills if shipping consists of more than one piece or when one requires signing them by governmental structures.
The cargo is accepted for carriage only if there is a correctly checked airway bill.
At a shipper’s request, the air carrier may himself complete the airway bill. If the handed over to the air carrier together with the cargo does not contain all the necessary data than the air carrier has the right to make any necessary additions in it.
The shipper is responsibility for the accuracy of data, as regards the weight and number of packages/pieces or baggage indicated in the airway bill. The airline, without prejudice for flight’s delay and without undue necessity, has the right to inspect authenticity of any data specified in the airway bill.
A notation is made in the commercial invoice/airway bill about the cargo’s special properties when one requires and there are available special conditions for its carriage.
If the air carrier inspected the condition of shipments a mark is entered to the consignment note on conducted survey.
A notation is made in the commercial invoice/airway about the declared value of shipments, a mark is put that this cargo has been sealed and one indicates the name of the shipper’s seals.
If the value of the cargo is not declared then a note is put in the consignment note that the value of these shipments was not announced.
An air carrier should notify a consignee about the cargo’s arrival in his address.
A consignee has the right to refuse from accepting the damaged or spoiled shipments if it is found that the quality of goods has been changed so much that one excludes a possibility of full or partial use for its original purpose.
If a consignor’s order is lacking or no one demands the arrived cargo, or a consignee refuses to accept it then an air carrier has the right, having noticed the shipper about it, to keep the shipments in storage at the shipper’s expense and risk.
If an external appearance, packaging, condition of the cargo is not satisfactory then the shipper specifies it in the airway bill.
If a cargo trading-in for shipping has special properties or requires special conditions for carriage then the shipper should indicate this on the airway bill. If the shipper fails to do these instructions then the air carrier has the right to make a mark in the airway bill on the actual condition of the cargo and its special features and conditions of carriage or to clarify a previously made mark, having assured such correction by his signature and stamp.
The shipper is responsible for the completeness, accuracy, exactness of information indicated in the airway bill.
Requirements for cargo
The air carrier’s commercial service provides a shipper with information on the carriage rules for various categories of cargos, the order on accepting and checking them for carriage, the possible dimensions of freight (the cargo dimensions depend on the size of the hatches in the aircraft’s cargo compartments, containers and pallets) and information about freight depots.
Cargos are accepted for carriage on the conditions of their delivery to destinations in a timely manner without specifying the flight and date of departure, as well as due to the departure date, a specific flight:
- Import, export and transfer of cargo should be allowed by the laws and regulations of the country in/from/through which this carriage is carried out;
- The cargo exceeding the established limits on the size and weight of cargo may be accepted for carriage only with the air carrier’s consent;
- Dangerous goods, radioactive, perishable and other special types of cargo may be accepted for carriage in accordance with the rules and regulations on their carriage;
- All required documents should be enclosed to cargo depending from the nature of this cargo, confirming compliance with medical, quarantine and other regulations for cargo carriage.
If there is no possibility of sending the entire shipment on the booked flight then a part of this cargo may be taken for carriage, the weight and volume of which do not exceed the data on reservation. The remainder part of the cargo may be accepted for carriage after booking on another flight and conducting appropriate paperwork.
A copy of the airway bill is a document for a shipper confirming receipt of the cargo for carriage.
Packaging requirements
Packaging for the cargo declared for air carriage should be dry and clean, and shipments should not have sharp edges, projections and other things that might contaminate or damage the premises of the aircraft and its equipment, as well as luggage and mail.
Metal, glass, ceramic, wood, plastic and other containers, in which liquid (filled) and other cargoes are packaged subjected to air carriage, should withstand internal excess pressure that depends on altitude and air temperature, and is fully guaranteed against leakage, spillage or placer of the content.
An air carrier has the right to refuse to accept cargo for carriage if its packaging does not ensure its safety.
Packages and packaging of the places/pieces delivered for air carriage with a declared value should be sealed by the shipper. Seals should be standard ones, have clearly stamped numeric and alphabetic characters. In the airway bill, a notation is made on sealing the shipments and one indicates the names of the shipper’s seals.
Requirement for labeling
Each package should have a shipping label and the shipment for special purpose – a special marking. These markings should be clear, precise and reliable.
Carriage marking is applied by the shipper prior to the presentation of cargoes for carriage and it contains basic, additional and informational records, as well as handling signs.
Major inscriptions should contain: the name of the cargo, full or conditional registered/checked name of the consignee, the name of the destination including, if necessary, any transfer points, the serial number of a seat inside the freight.
Additional inscriptions include, at least, the following:
- Full or conditional registered/checked name of the consignor;
- Name of the departure point;
Information signs include, at least, the following:
- Gross weight, net weight and cargo space;
- The sizes and amount of cargo space.
The manipulation signs should indicate the methods of cargo handling.
Cargoes may be carried unpackaged with the air carrier’s permission.
The departure point marks the cargo with a sticking cargo label, on which one indicates the airway bill number, departure and destination points, as well as the number of seats and cargo’s weight.
An air carrier has the right to refuse in accepting a cargo or baggage for carriage if the packaging or labeling of cargo or baggage does not meet the established requirements.
When identifying abnormality of the integrity of packaging or lacking good condition of labeling the freight or baggage then the air carrier makes an appropriate act about it. Such an act may also be made by a shipper when sending a cargo or by a consignee upon receiving the shipments or by any organization serving this shipment or baggage if this is necessary in the interests of such parties.
Cargo insurance
Upon delivery of the cargo for shipment, at the shipper or other interested person’s request, the air carrier may conclude a contract of the shipments’ insurance carried by the air carrier’s airlines on behalf of an insurance company and for the benefit of the consignee or consignor. Information that the shipment has been insured is specified in the airway bill. In this case, the cargo is consider, as insured under the open policy within the limits of the insured amount and on the conditions specified in the airway bill. At the consignor/consignee’s request, additional information about the insurance conditions provided in the open policy may be obtained from the air carrier.
Details of consignment, the insured amount and terms of insurance provided and declared by a shipper or another interested person, as listed in the airway bill, should be considered, as authentic ones. The amount of the insurance compensation, in any case, should not exceed the limit of the amount provided in the open policy, even if the insured amount specified in the airway bill will exceed this limit.
Freight / cargo carriage
The cargo without packages should be offered for carriage mounted on special wooden pallets or should be packed with cushioning material in the form of wooden boards or planks in such a way that the load on the floor of the aircraft did not exceed the established standards and provided the opportunity for loader trucks’ operation.
Cargoes should be properly packed and loaded in such a way to avoid damaging the aircraft’s structure or other cargoes.
Carriage of transfer cargo
A transfer cargo accepted for carriage after receiving a confirmation of booking in all points of cargo’s delivery including the air routes operated by other air carriers in compliance with requirements of the states, through the territory of which such carriage is carried out.
When accepting a transfer cargo for carriage, an air carrier makes out an airway bill taking into account the transfer points and indicates the transfer points’ names in it.
If possible, an air carrier should deliver the cargo at the transfer point in time in order to avoid disrupting jointed flights.
A transfer cargo arrived in the transfer point in the packaging that does not ensure its safety, should be repacked. Further shipment is made after troubleshooting of packaging and shipping to the actual weight with an enclosed act that registers this fact.
An air carrier is not liable for delays in shipping at the transfer point associated with the lack of the required documents or their improper design/registration
Carriage of perishable cargo
Perishable cargo is accepted for carriage when a shipper presents quality certificates or other relevant certificates. The documents confirming the quality of perishable goods/cargo issued by an authorized body of the state power should be presented separately by the shipper for each cargo consignment.
The quality certificates or other relevant certificates should be presented separately for each cargo consignment. These quality certificates or other relevant certificates should specify maximum periods for carrying the shipments calculated from the date when this cargo was received for carriage at the departure point.
An air carrier may refuse in accepting perishable goods for their carriage if the airline can not ensure their delivery within the period specified by the shipper.
If, for any reason beyond the air carrier’s control, perishable goods can not be shipped in a timely manner then the air carrier should immediately notify the shipper and returns him this cargo and freight.
If perishable goods are at risk of damage than an air carrier undertakes the measures agreed with the shipper that are necessary for safeguarding his interests and the interests of the consignor, consignee and other persons.
Carriage of dangerous cargo
Carriage of dangerous goods by air is carried out:
- By all air carrier in the territory of the Kyrgyz Republic in accordance with the requirements of the Aviation Regulations of the Kyrgyz Republic, “APKR-18 Transportation of Dangerous Cargo by Air”;
- In another state by the air carrier of the Kyrgyz Republic carriers - in accordance with the requirements of the aviation regulations of the Kyrgyz Republic "APKR-18 Transportation of Dangerous Goods by Air", unless otherwise is required by the rules of this another state.
Carriage of cargo with accompanying persons
At the air carrier’s request, Perishable cargo and dangerous goods are accompanied by the shipper’s representatives under the responsibility of the latter.
When checking out air carriage of cargo with an accompanying person one should make a record in the airway bill’s section, “Shipper’s additional marks” that this shipment should be accompanied by and under the responsibility of the consignor’s (consignee’s) representative where one indicates a surname, the first name and patronymic of the accompanying person with a name and number of an identity document, the numbers of his trip certificate and the passenger air ticket.
The accompanying person should sign the airway bill on accepting the goods under his own responsibility and, if he is entrusted in receiving the goods at the destination then he should submit a standard power of attorney.
The person accompanying the shipment is on board an aircraft based upon his air ticket or charter contract. The person accompanying the shipment provides its acceptation at the departure point, its protection during carriage and delivery of this shipment at the destination.
The accompanying person takes the seat on the aircraft indicated by the commander of this air vessel after the cargo has been loaded and freighted.
The accompanying person’s functions and responsibilities include, at least, the following:
- He provides continuous monitoring of the condition of cargo, its safety and reliability of mooring;
- He immediately informs the aircraft commander on any shift of the cargo or broken its packaging or mooring;
- He ensures the protection of cargo from an unauthorized access to it;
- He complies with any requirements of the aircraft commander during a flight;
- When carrying animals, he cleans the area where these animals are transported, as well as he feeds them and provides the necessary health care;
- In the if departure is delayed and when carrying perishable goods he should report to appropriate services at airport on cargo’s condition and necessity of removing it;
- Upon arrival in the destination, he should inform appropriate services at the airport and the consignee about the cargo’s condition and any infringements related with the air carriage’s rules.
An air carrier assists in the accompanying person in implementing by him the tasks on cargo tracking.
In the case if an accompanying person is sick or there are other conditions, under which he is unable to accompany the cargo then the air carrier checks the status and conditions of the shipment and makes an appropriate act about this so, in further, this shipment is carried under the air carrier’s liability. When an air carrier appoints another accompanying person the consignee should reimburse all costs on accompanying the cargo to the air carrier.
When issuing at the destination, the shipment is not weighed if they are tracked by an accompanying person, except in the cases when a partial loss of or damage to cargo is due to reasons beyond the accompanying person.
Valuable cargo carriage
The shipments, the actual cost of which is impossible to determine in the case of their loss, damage or injury, are usually carried, as a valuable cargo.
When declaring the value of these goods, their cost should not be overstated, and, where necessary, should be compared with a sticker price of these goods, or items similar to them, taking into account their degree of wear. The amount of the declared value of goods does not exceed its actual cost, and is confirmed by the shipper’s accounts, price lists and other relevant documents.
If necessary documents confirming the rate of the declared value of cargo are lacking then an air carrier has the right to refuse in accepting cargo for carriage.
Precious metals and jewels from them, precious stones, works of art, antiques, unique tools and other items of high value or of great historical value, as well as expensive things and items, which value may be determined by a competent authority or expertise only then it is advisable to carry them with accompanying persons only assigned by the shipper under their responsibility for safety.
The shipments that are handed over for carriage with a declared value should be packed in a strong, serviceable container; they should have edging by a solid steel tape and be sealed. One mounts seals with clear prints of letters and symbols on the string or wire ends. The ends of the string or wire should be securely tightened to completely exclude a possibility of their removal, separation, or damage during carriage. Personal belongings of the citizens are not sealed. However, the belongings and the property packed in cloth or other durable materials should be sheathed by similar and intact sewing/whole thread and tied with strong ropes with no knots.
A shipper puts an inscription with indelible paint on each piece of the cargo where he declares the amount of the announced value indicating this amount in words and (putting appropriate digits in brackets). The cargo receiver inspects cargo packaging and labeling of each cargo piece, which is delivered for carriage with the declared value; he verifies the integrity and serviceability of seals.
If a cargo is unsatisfactorily packed then an air carrier has the right to refuse in accepting such shipment.
The cargoes with a declared value may be accepted for carriage only to those destinations, to which the flight schedule provides with direct flights. Acceptance of shipments with a declared value in airports with reloading at transit or intermediate points is prohibited.
According to one airway bill, one allows to issue such number of packages with a declared value, which can be loaded simultaneously on one aircraft. When checking an airway bill the cargo’s pieces in standard packages with the same declared value may be recorded by a total number of pieces, total weight and the summed announced value.
If cargoes with an identical declared value but in different packaging, as well as with varying declared value are delivered for carriage then each such piece of cargo is recorded in a separate row of the airway bill with an indication of its weight and value. After such a record in the airway bill, one puts the summed up number of seats, their weight and the total amount of insured/declared value in figures and words.
If it is impossible to write in all pieces of the shipment with a declared value in one airway bill, as they are delivered for carriage at one destination and to the address of one consignee then one issues such number of airway bills, which is required for their clearance of the above order. Making a single airway bill for carriage of cargo with declared and undeclared values is not allowed.
All cargo pieces checked by a single airway bill with declared value should be jointly sent in all the cases by the same aircraft. When carrying cargoes with declared value the airway bill indicates the announced value for such shipment.
Valuable cargo with any defects or infringements, as regards the rules of packaging, is not accepted for carriage.
One collects a certain air fare and an additional fee for the declared value according to the air carrier’s rules for applying fares/tariffs for carrying the shipments with the declared value. The cargoes’ pieces with the declared value should be stored at the airport separately from other shipments/goods in the rooms that may be locked and sealed.
In the case if storekeepers are duty in shifts then goods/shipments with a declared value are received/delivered after their inspection, as regards the condition of their packages, and, if necessary, their weight is checked, too. Such shipments are carried in closed and sealed premises of an aircraft or, at air carrier’s decision, under the supervision of the aircraft’s aircrew member.
If, in some necessary cases, the shipments with a declared value are delivered for carriage before the destination by other vehicles then one should make records in transfer documents, as regards the amount of the declared value of cargo according to data about this in the airway bill.
Handling of arrived cargo
Shipping/carriage is considered, as done, after the issuance of cargo to the consignee in accordance with the conditions specified in the air carriage contract.
An air carrier ensures proper storage of cargo arrived in the destination before its issuance to the consignee within the term specified by the air carrier’s rules and the air carriage contract.
A notification on the arrived cargo should be sent to the consignee indicated in the airway bill within 12 hours upon the aircraft’s arrival, and, in respect of perishable goods, - within three (3) hours.
A notification is sent by a telegram or a telephone message. An air carrier is not responsible for non-receipt or delay of notifying by a telegram.
The shipments are issued to the consignee in accordance with the terms of the air carriage contract.
Transfer of cargo to customs or another public authority is carried out at the request of the latter in accordance with the applicable legislation, provided that the shipments have not been requested by a consignee. The fact of such transfer of cargo is notified by signing an appropriate document on handing over such shipment by the air carrier and accepting party.
Terms of cargo delivery
The time to start calculating the term of delivery and delay in cargo delivery is stipulated in the air carriage contract.
The term for delivery of cargo is considered to be unstrained if this delay was due to force majeure, which are beyond the air carrier’s capacities. A specific list of such circumstances may be specified in the air carriage contract.
If a consignee has not received the arrived shipments within three days following the date of sending a notification on this arrival to the consignee’s address, or within the period prescribed by the air carrier’s rules or by the air carrier contract, or if he refuses receiving it then the air carrier notifies the shipper about this informing that the airline leaves the shipments in air company’s premises at the shipper’s expense and at his risk.
If the shipments have not been claimed at the airport of arrival within the period stipulated in the air carriage contract then the airline, airport or any other organization that has taken the responsibility for storage of cargo sends a notice to the consignee that it is necessary to receive the shipment. If after ten (10) days from the date of sending the notice on the necessity to receive the shipment it is not claimed or a consignee refused accepting it then the air carrier notifies the shipper that this cargo has not been handed over. The above-mentioned notice should contain a warning about possible sale or destruction of goods in the case of lacking the consignor’s orders the within the period specified in the notice. In the case if the consignor’s orders have been lacking for 30 (thirty) days from the date of the notice about failure to hand over cargo or if the execution of the received orders is impossible then this cargo is considered unclaimed and may be sold or destroyed.
Undocumented or unclaimed shipments have been stored at airports of the Kyrgyz Republic within 60 (sixty) days from the date of their arrival at the airport, provided that during this period, the cargo may be saved and will not endanger the life or health of the people who should be in or near the premises where the shipment is stored. An airport or an air carrier, if this cargo is accepted under the air carrier’s responsibility, has been undertaking the appropriate steps during this period to find the cargo’s owner. After this period, the cargo may be sold or utilized by an airport or an organization that is responsible for storing this cargo, or by an air carrier, respectively, as defined by the established legislation or by the relevant Aviation Regulations of the Kyrgyz Republic. All funds received/collected, as a result of such sale, should be allocated to compensate the losses incurred by the airport and/or air carrier, unless otherwise is stipulated in the air carriage contract or the relevant legislation of the Kyrgyz Republic (KR). Sale of these shipments does not relieve the consignor/ consignee from his responsibility for the execution of any other terms and conditions of the air carriage contract.
Searching for cargo
If upon arrival of the aircraft to a destination or a transfer point one finds out that a cargo/airway bill was not entered to a cargo register then this cargo without the airway bill and/or other required documents, bill of lading and/or other required documents without cargo or cargo can not be identified, as a result of the fuzzy transportation markings on the cargo, or the lack of labeling then the air carrier searches for cargo and/or airway bill, other required documents and ensure the delivery of the shipment and/or airway bill and other necessary documents to the destination or the transfer point.
The measures on searching for cargo/airway bill and other necessary documents are immediately undertaken after preparation of the act:
- A notice is sent to the departure point about found faults occurred during carrying the cargo by the flight, on which the cargo/airway bill and other necessary documents arrived (not arrived);
- Forming the investigative proceedings;
- Sending requests to the points, from which the cargo/airway bill and other necessary documents could be delivered or in which the cargo/airway bill and other necessary documents could be sent;
- Sending the instructions on disposal of the cargo /airway bill and other necessary documents in the case of finding the sent cargo/ airway bill and other necessary documents.
Non-receipt of cargo by consignee
If a consignee refuses or is unable to obtain the shipments arrived at the destination then an air carrier undertakes all measures to comply with the shipper’s orders indicated in the airway bill, or received from him after the given notice on impossibility to issue this cargo to the consignee. If such orders are not available or can not be implemented then the air carrier may:
- Send a notification to the consignor stating that the consignee did not receive his cargo await further orders from the consignor;
- If the consignor’s orders have been lacking for a 30-day period of storing the cargo the airline will undertake measures so that this cargo is received, returned, or sold in accordance with the existing order in this country.
The shipper and consignee of cargo reimburse all the expenses caused by non-receipt of cargo including the charges for shipping back. If on expiring 15 days after the return of the cargo at the departure point the shipper refuses to pay these costs then the air carrier may sell the whole or a part of the cargo. In this case, the air carrier should send a message to the shipper about this intention at the address specified in the airway bill 10 days prior to sale.
In the case of accumulating the cargoes at the airport due to delays in their departing by consignees at their fault the payment for storing this cargo at the airport may be increased by three times.
Storage period for cargo without documents and unclaimed cargo
Undocumented or unclaimed cargo is stored at the point of its unloading for no more than two months, unless otherwise is stipulated by the relevant legislation of the Kyrgyz Republic. After the specified period, such cargo is sold or utilized in accordance with the applicable legislation of the Kyrgyz Republic or the state where this cargo was unloaded.
The consignee has the right to receive the cash funds collected for the sale of the shipment from the air carrier with the deduction of the amounts due to the air carrier.
The order of sale and destruction of unclaimed cargo
The shipment is subjected to sale or destruction if it is recognized as unclaimed.
The decision to sell or destruct the shipment is made by a commission formed by the airline, airport or any other organization that accepted this cargo. The committee includes the representatives from the servicing organization, an experts’ organization, and, in the case of selling the shipment, one also involved an appraiser.
Notice: In accordance with the regulations of the Kyrgyz Republic the commission may include representatives of government agencies.
The commission should check availability of the documents and materials confirming the timeliness and completeness of undertaken measures to identify the origin of the shipment and identify that the available materials are sufficient for making a decision to sell or destroy this cargo.
When deciding an issue whether to sell or destroy the cargo, the commission considers the following documents:
- The act;
- The airway bill (if any);
- The investigate case;
- Acts from an experts’ organization on cargo’s expertise;
- Order from the consignor, documents on consignee’s refusal to receive the shipment (if any);
- Other documents stipulated by normative legal acts of the Kyrgyz Republic.
The commission’s decision on selling or destroying the shipment is registered by an act on sale or an act of destruction.
The shipments are sold at the appraisal/assessment established by the commission. The sale is done through trade organizations.
For destruction, the cargo is handed over to specialized institutions.
When selling the shipments, an air carrier is entitled to deduct all amounts due to him and other persons involved in the cargo’s non-receipt process from the total amount collected from the sale and the remaining amount is to be transferred to the shipper. The sale of the cargo does not relieve the consignor from compensating the air carrier and other persons with the expenses not covered by the funds collected from the sale of these shipments.
Carrier’s rights when carrying cargoes
If an air carrier decides it is necessary to temporarily detain the shipments at any point before, during or after carriage then he may notify the shipper/consignee to locate the shipment to a warehouse at the shipper/consignee’s expense and responsibility. In particular, the air carrier may consider the following reasons for making such a decision:
- Availability of the circumstances (weather conditions, natural disaster, war, strikes or other such circumstances that one could not foresee or predict) that are beyond the air carrier’s control;
- Acts and requirements of government agencies.
In such cases, the shipper or consignee reimburse expenses incurred by the air carrier and exempt him from the obligations arising from the air carriage contract.
An air carrier has the right to refuse a shipper in carriage if this carriage creates a threat to flight safety or contradicts to any applicable law, aviation rules or air carrier’s regulations.
Opening the packaging of shipments in the absence of the consignor/consignee may be initiated by the initiative of the air carrier, the organization that is responsible for storage of shipments, airport’s aviation security service, or any other competent authority of the state only in those cases when this is required in order to ensure aviation security or flight safety. This opening and subsequent packaging and sealing of cargo is done by the initiating party in the presence of other parties specified in this paragraph. In the case of any opening the cargo packaging one should draw up an act specifying the actual weight of the damaged cargo piece, the number of packages in the consignment, one describes the internal contents and status of the shipments and damaged packages. The act should be signed by the parties that participated in opening the cargo.
Shipper’s refusal from carriage
The shipper’s refusal to carry his cargo is considered, as a forced one, in the following cases:
- Failure to send the shipments within the period specified in the airway bill;
- An aircraft landed at the destination other than the final destination for shipments, and the cargo was delayed there;
- Shipments have been delayed at the transfer point for a longer period, as one provided when booking and specifying data in the airway bill;
- Air carrier’s refusal to re-address cargo to another air carrier in connection with the termination of the aircraft’s flight because of weather conditions, or for the reasons beyond the air carrier’s control;
- Cargo was damaged during a flight through the air carrier’s fault;
- Cargo was sent to a different destination.
In the case of the shipper’s refusal from carriage caused by the air carrier the air carrier returns the shipper of the cash amount paid by the latter for unperformed carriage.
Payment of fares and charges
A shipper, at the air carrier’s request, reimburses the latter with all expenses incurred by the air carrier in connection with payment of fees, taxes, duties and other payments required during the carriage of cargo.
An air carrier has the right to detain the shipments, as a security for payment of expenses, and if there is no any payment then the airline is entitled to sell these goods in the prescribed manner, provided that, prior to such sale, the air carrier sent an appropriate notification to a consignor or a consignee by mail at the address specified in the airway bill, as well as the airline may keep a part from the earned amount that is necessary to cover these costs.
Receiving baggage
A passenger gets his checked baggage just after its presentation for issuing by an air carrier at the destination. Checked baggage is given to the passenger – the bearer of the baggage tag.
If a person claiming for receiving his baggage can not deliver his baggage check and a baggage tag coupon then baggage may be granted to such person only on condition that he presents an evidence (inventory of property) of his right on this luggage. If a passenger does not have his baggage tag coupon this fact is registered and confirmed by an act.
Delivery of baggage carried out at the destination, to which this baggage was accepted for carriage. However, at a passenger’s request, baggage may be issued at an intermediate point if it does not cause delay in departing the aircraft.
The passenger who has his baggage tag coupon and receives his baggage without complaint in a writing form and within the time for delivering baggage then this fact is consider, as an evidence that the baggage was delivered safely intact and in accordance with the air carriage agreement.
In all cases related with delay in delivery of luggage and its shortage, damage or loss, as well as in the case of issuing the baggage without a baggage check or a baggage tag coupon one draws a PIR act, which shall be signed by an air carrier’s representative and the passenger before this passenger leaves the airport. One copy is given to the passenger and the second is passed to the air carrier’s claims service.
Baggage clearance without checking its damage by an act does not deprive the owner of the luggage with his right to submit a claim to the air carrier if it is proved that the airline’s officials refused to make such act.
Carriage of animals and birds
If you decide to take your birds and animals with you in a journey then you should know by all means that they are accepted for air carriage by a prior agreement with the air carrier and are carried in the aircraft’s cargo compartment.
At the time of booking the carriage a passenger reports to the air carrier about the number of carrying animals and birds.
The size of the container should allow the animal to stand at full height and rotate 360 degrees around. The bottom of the container should be waterproof and covered with an absorbent material. As an exception, one allows carrying animals and birds in a sealed baskets or cages, covered with thick opaque cloth.
Weight of the animal and its container is not included in the free baggage allowance and is paid only as excess baggage.
Only guide dogs accompanying their owners in the flight are carried free of charge.
To transport your pet you will be required the following documents:
- Veterinary certificate;
- Health certificate. It is issued by any state veterinary clinic. The certificate shall contain information about immunizations by age. The last rabies inoculation should be made no earlier than one year and not later than two months before departure.
Please note that some countries have very strict restrictions or a ban on importation of animals, so please inquire the rules of their entry into the country of destination in advance. Check out the documents proving that they are healthy.
A passenger is solely responsible for his pets. The airline is not liable for injury, illness, loss, delay of delivery when delivering in transit through other countries or territories.
Animals and birds are accepted for carriage, provided that the passenger assumes full responsibility for the consequences that may occur during this carriage.
A passenger is responsible for compliance with all requirements of the air carrier and he reimburses the losses and extra costs to the air carrier incurred by him when carrying animals / birds.
It is prohibited to carry cargo containing foods in the luggage compartment, in which animals / birds will be carried because there is a risk for infection of the latter.
Oversized baggage
Ski equipment, ski boards (snowboards), water skis, surfboards, golf equipment, bicycles, skateboards, roller and hockey skates are included in the free baggage allowance.
Skis, ski boards
The ski equipment set includes: a pair of skis, poles, boots and all of this is carried free of charge if the total weight of your luggage, along with ski equipment, does not exceed the applicable free baggage allowance in this destination.
If, in total, you have excess weight of your baggage and the maximum weight of the ski equipment (skis or snowboard, ski poles, boots) is not more than 15 kg then one set to be charged, as 3 kg or actual weight (whichever is less); also, the actual excess piece / piece s of luggage to be registered is payable.
If your outfit’s weight exceeds 15 kg then each additional kilogram shall be paid at the prevailing rate of payment for excess baggage in this destination.
Water skis, surfboards
They are carried free of charge if the total weight of your luggage, along with water sports outfit, does not exceed the applicable free baggage allowance in this destination. If, in total, you have excess weight of your baggage and the maximum weight of water equipment (skis or surfboard) is not more than 15 kg then one set to be charged, as 3 kg or actual weight (whichever is less), also, the actual excess piece / piece s of luggage to be registered is payable.
If your outfit’s weight exceeds 15 kg then each additional kilogram shall be paid at the prevailing rate of payment for excess baggage in this destination.
Golf equipment
This is carried free of charge if the total weight of your luggage, along with a set of golf, does not exceed the applicable free baggage allowance in this destination. If, in total, you have excess weight of your baggage and the maximum weight of your set for the game of golf is not more than 15 kg then one set to be charged, as 6 kg or actual weight (whichever is less); also, the actual excess piece / piece s of luggage to be registered is payable.
Bicycle
Bicycles are accepted for carriage by a prior agreement with the air carrier. They are carried free of charge if the total weight of your luggage, along with the bike, does not exceed the established free baggage allowance norms in this destination.
Skateboards / roller and hockey skates
Skateboards, roller and hockey skates are accepted for carriage without the prior consent with an air carrier. They are carried free of charge if the total weight of your luggage, along with sports equipment, does not exceed the established free baggage allowance norms in this destination.
Hockey sticks and vaulting poles
Carriage of hockey sticks and vaulting poles are not included in the free baggage allowance and is paid at the rate of oversized baggage established in each of the two baggage carriage systems.
Baby prams
Baby prams (including the strollers foldable on a “cane” design) are carried in the luggage compartment and are accepted for carriage free of charge in excess baggage.
You may use a stroller at the airport before boarding. After you hear the announcement that boarding has started you will have to hand over your pram to an airport employee to load it into the in the aircraft’s luggage compartment.
Musical Instruments
Carriage of musical instruments is carried out in both the luggage compartment and in the passenger cabin. When carrying musical instruments in the cabin one applies the rules for carrying baggage in a passenger seat.
Wheelchairs
They are carried free of charge in excess baggage.
- Wheelchairs with dry-charged batteries are carried in the luggage compartment, provided that the battery is disconnected, battery terminals insulated to prevent accidental short-circuit and the battery is securely attached to the wheelchair.
- Wheelchairs with helium type batteries can be carried without disconnecting the battery, provided that the battery clamp is insulated.
- Wheelchairs with electrolyte batteries are carried in the luggage compartment, provided that the battery is disconnected, battery clamp is insulated, and the battery is packed in a container with absorbent material and is properly labeled.
Luggage carried in a passenger seat
Baggage requiring special conditions/norms of carriage (e.g. valuable, fragile and breakable objects) may be accepted for carriage in the aircraft’s passenger cabin if:
- The passenger has agreed with the airline for this service in advance;
- Baggage has passed through a special examination, as regards aviation safety.
If such baggage has large dimensions a passenger must pay for an additional seat on the passenger fare (a fee for carrying excess baggage will not be charged in this case). The weight of such baggage may not exceed 75 kg and its dimensions should not exceed the dimensions of the passenger seat.
Such baggage is placed in an armchair next to the window and is locked by a seat belt. Baggage that requires special conditions for carriage and carrying in the aircraft’s passenger cabin is subjected to check. The passenger is responsible for its integrity and safety. Baggage carrying out in the passenger cabin should be packed in such a way to prevent damaging aircraft’s cabin equipment during carriage.
Oversized and heavy luggage
The passenger’s baggage should not exceed 158 cm in three dimensions and weigh no more than 32 kg.
- In some cases, one allows accepting luggage weighing from 32 to 50 kg and, as total of three dimensions having the size up to 203 cm; however, the carriage of baggage should be agreed upon with the air carrier in advance.
- If there is no prior approval then the air carrier has the right to deny carriage of oversized and heavy baggage.
- The items whose size exceeds 203 cm in the sum of three dimensions and their total weight – 50 kg are accepted for carriage only as cargo.
Packing Luggage
A very important detail to ensure reliability and safety of your luggage during carriage is its packaging, which should ensure the preservation of content for delivery on the plane and from the plane at the airport.
Luggage is carried in ordinary suitcases, bags, baskets, bags, boxes, and other such packages having a handle for carrying. Baggage, if necessary, is strapped by solid and durable rope, cord, strap or similar device. Locks for containers should be intact and properly closed.
Suitcases, bags, briefcases and baskets with no locks should be specially packaged and protected from an access to their content.
Packing of the checked baggage should ensure safety of the content under normal measures of their handling during all operations on carriage.
Each baggage piece delivered to a luggage compartment should have a separate package. Mixing two or more things having separate packages in one piece is prohibited.
Items in shopping bags are accepted for carriage, as checked baggage, in special packages only.
Passengers are recommended to have identifying marks with the passenger’s name and his address inside and outside of a luggage.
Attention to passengers!
The air carrier has the right to refuse accepting checked baggage if this baggage is not in a package that ensures its safety during carriage.
It is not recommended to hand over money, keys, tickets, documents and other valuables to the luggage compartment.
Free baggage allowance norms
The free baggage allowance norms are established for each passenger older two years old, and, as a rule, for each type, class and model of aircraft and class of service by the air carrier’s Regulations.
The free baggage allowance norms are reported to a passenger when booking a seat or selling air tickets to him and/or this is noted on the air ticket.
Cargo/baggage carriage is charged at their actual weight, including the weight of the container or packaging for cargo/baggage.
At the request from a group of passengers or with the consent of the latter, the air carrier may apply a total free baggage allowance.
Luggage
All carrying items, both baggage and hand luggage, should be weighed and taken into consideration when checking out in an effort to ensure safety, correct payload placing onboard the aircraft.
When carrying checked baggage a baggage check is issued, which is a witness that your baggage was checked and all conditions of the air carriage contract were followed to.
If a passenger intends brining his baggage in greater numbers than had been previously booked and paid for, the baggage is accepted for carriage only if free tonnage is available and he additionally paid for this baggage.
Baggage of the passenger who did not appear for boarding after the check-in is closed, as well as baggage and hand luggage of a transit passenger who did not appear for boarding are subjected to removal from the aircraft and should be inspected.
The norm and payment for carrying checked baggage is determined by weight and is established in appropriate tariffs.
Weight of one piece of luggage should not exceed the norms/standards established by the air carrier:
- 20 kg in the economy class and 30 kg in the business class for international flights;
- 20 kg in the tourist’s class and 15 kilos in the economy class for domestic flights.
The maximal size of luggage should not exceed the dimensions of 55/50/100 cm
Taking luggage for check a passenger is given a baggage tag coupon for each piece of checked baggage. The baggage tag coupon is used to identify the luggage.
After checking luggage, the air carrier accepts responsibility for the safety of the luggage contents, packaging integrity and for its carriage.
Since the delivery of checked baggage for carriage until the time of its issuance, the passenger’s access to his baggage is prohibited excepting the cases of identification or further inspection by relevant services.
Each piece of checked baggage should have proper packaging that ensures its safety during carriage.
Attention to passengers!
An air carrier is not responsible for the safety of carrying fragile items, perishable goods, documents, money, securities or other valuables, as well as any other valuable or personal items, materials or passenger’s handicrafts in checked baggage with the exception when the air carrier takes such responsibility in accordance with the air carriage contract.
Content of air ticket
A paper air ticket contains at least the following information:
- Air ticket’s number;
- Passenger’s family name/surname and the first name;
- The name and serial number of the passenger’s identification document;
- Air carrier’s name and/or code;
- The number, date and time of departure;
- The name and/or the code of departures and destinations;
- The codes of class and status of booking;
- The base air fare code;
- The level of the tariff;
- Equivalent to the tariff, if applicable;
- Charges, if applicable;
- The air ticket’s total cost;
- Form of payment;
- Extraction from the Regulations and Terms of Carriage;
- Date and place of issue;
- The number of the air carrier’s individual validate or name of the agent who issued the air ticket, if applicable;
- A summary of the important requirements of the Air Carriage Regulations;
- Other necessary information in accordance with the Air Carriage Regulations, or with these Regulations.
E-ticket includes:
- Flight coupon in the quantity equaling the number of flights;
- The control coupon;
- The agent’s coupon;
- Itinerary/receipt.
E-ticket contains the following information:
- Air carrier’s name and/or code;
- The flight number;
- The date of departure;
- The name and/or code of departures and destinations for each flight;
- The time of departure;
- Code of the class of booking;
- Code of the booking status.
Itinerary/receipt contains the following information:
- Surname, the first name, father’s name, series and number of an identity document – when flying on domestic air routes;
- The surname and other information required by international standards – when flying on international air routes;
- Air carrier’s name and/or code;
- The flight number;
- The date of departure;
- The time of departure;
- The name and/or code of departures and destinations for each flight;
- The tariff;
- Air fare’s equivalent (if applicable);
- The total cost of carriage;
- Form of payment;
- Charges (if applicable);
- The name and/or the code of the class of booking;
- Code of the booking status;
- The date of issuing;
- The name of the agent who issued the air ticket;
- Of free baggage allowance, if applicable by an air carrier;
- The e-ticket’ unique number;
- Other relevant information in accordance with the air carrier’s Regulations or with these Regulations.
3.1.5. E-ticket’s flight coupon has the following statuses:
- Opened for use;
- Airport’s control;
- Has been checked-in;
- Exchange/re-issue;
- Used for the carriage/used;
- Carriage is not on schedule;
- Passenger was delivered onboard;
- For information only;
- Printed;
- Returned;
- Suspended;
- Not available for use;
- Annulled;
- Exchange during printing out;
- Closed;
- Another status in accordance with the Air Carrier’s Regulations or with these Regulations.
Air ticket’s check-in
3.2.1. The form of an air ticket/air waybill for each air carrier of the Kyrgyz Republic, including any changes in it, should meet the minimal international requirements established by IATA for this.
3.2.2. Any corrections or changes made in the air ticket/air waybill are considered valid if they are made and confirmed by the air carrier in accordance with the Air Carrier’s Regulations.
Air ticket’s validity and useful time
An air ticket is valid for carriage transportation in accordance with the route section in it, the class of service, date and flight, for which a seat was reserved. If the air ticket is issued without a reservation mark (with open date) then the seat is reserved in accordance with the passengers’ request if there are some non-reserved seats, as well as free class, on which the air ticket was booked on the requested flight. Place and date of issuance of the air ticket should be displayed on all its flight coupons.
3.3.2. An air ticket is considered invalid in the following cases:
- The air ticket was claimed to be lost;
- It has been recognized, as a fake ticket;
- The air ticket was not issued in accordance with the rules and in the order established by the air carrier;
- The changes that are not authorized by the air carrier or not provided by the air carrier’s Regulations were entered on the air ticket;
- The air ticket is damaged or missing the passenger’s coupon;
- The ticket was issued by a person who is not entitled to do so.
The air ticket recognized, as invalid by the air carrier’s fault should be replaced.
Recognizing air ticket to be invalid one is issued by the air carrier by means of the relevant act with indicating the reasons for such action.
A passenger retains the passenger’s air ticket and all unused flight coupons for the entire period of the carriage, as well as he presents them to air carrier’s representatives at the request of the latter.
In the case loss and/or damage of the air ticket or any part thereof, the air carrier may, by the passenger’s request, issue a new air ticket instead of the lost air ticket but charging the fees provided by the air carrier’s Regulations.
In the case of issuing a duplicate air ticket to a passenger, the air ticket replaced by this duplicate is considered, as annulled.
An air ticket is not subjected to handing over and using by another person. The person who presents an air ticket on the other person’s name is not entitled to carriage.
The air ticket’s useful time includes:
- Total useful time of the air ticket;
- Useful time for the flight.
Within the air ticket’s total useful time the passenger is granted the right to use the air ticket for all operations provided by the rules of carriage, including for getting a seat on a certain flight, as well as the amounts for all or part of the non-operated carriage and other calculations. The total useful time covers the period from the date of issue of the air ticket to a passenger and to the deadline provided to the passenger to get money for the unused air ticket.
The air ticket’s useful time is extended until the nearest air carrier’s flight, on which there is a free seat of the class of service that corresponds to the initial tariff, on which the payment was made, so there will be no additional charge if the passenger was unable to fly during the validity of the air ticket in the case of:
- Cancelled flight, on which the passenger has booked a seat;
- Cancelled aircraft’s stop on schedule at the point that is the point of departure, destination and /or stopover for the passenger;
- No-flight according to schedule;
- Not providing service on the class specified in the air ticket;
- Not providing a previously booked seat to the passenger in the aircraft.
As regards the air ticket, the useful time of which is one year, the validity period is extended for not more than 3 (three) months from the date specified in the medical report, and, if the air ticket’s useful time is different – for not more than 7 (seven) days.
If a passenger who has an air ticket with open date of departure applies with his request on booking carriage and the air carrier is unable to provide with a passenger seat and carrying capacity during the term of the agreement on air transportation then the air carrier books a seat on the next flight, on which there is a free seat and the carrying capacity for the class of service that corresponds to the fare paid.
If a passenger is unable to complete the started flight during the term of the air ticket’s useful time due to his illness or the illness of a member of his family who travels together with him then the validity of such air ticket is extended until the date when, according to a medical conclusion, he or the family member will be able to fly by this flight or after that date to the air carrier’s nearest flight, on which there are available seats on the class of service corresponding to the initially paid fare.
An air ticket is invalid for carriage with unused flight coupon if the following flight coupons have already been used.
Carriage of children
Each passenger is entitled to carry one child aged no more than five (5) years free of charge on domestic air routes and ones aged not more than two (2) years – on international air routes. Every child older than 5 (five) years is given a separate seat. When carrying a child without a separate seat, the responsibility for the safety of this child lies on the person with whom this child flies, unless such liability is imposed on the air carrier by the Air Carriage Contract.
The child is accompanied by his parents or an adult passenger if permitted by the air carrier.
The child’s birth date is indicated on the air ticket. The passenger’s age is calculated on the first day of the carriage and the status of the passenger by age remains unchangeable until the end of the carriage according to the purchased air ticket.
Carriage of unaccompanied children
Unaccompanied children (age is determined by the air carrier) may be carried under the air carrier’s supervision only after the registration of the application to carry an unaccompanied child written by the parents, adoptive parents, guardians or trustees in accordance with the air carrier’s Regulations. On the request of the parents, adoptive parents, guardians or trustees the carriage under the air carrier’s supervision may apply for children under the age of sixteen.
Carriage of sick and disabled passengers
When carrying a sick or disabled passenger, an air carrier, prior to flight, should be given a medical conclusion signed by a doctor that contains permission for his transportation by air, and also it should indicate special condition requirements for the carriage of such a passenger.
Carriage of sick or disabled passengers is carried out by the condition that the air carrier does not have any responsibilities before the passenger, as regards the consequences for him that is certified by the passenger’s guarantee warranty.
After checking-in a sick passenger / disabled person the air carrier should notify ground personnel at transit destinations and final destination that a sick / disabled passenger is onboard the aircraft.
Carriage of sick passengers on stretchers is carried out by means of providing him with additional seats on an aircraft with the payment established by the airline.
The air carrier gas the right to refuse in carrying a sick passenger on stretchers if necessary conditions for carrying such passengers are lacking in the aircraft.
As regards sick and/or disabled passengers, the medications, special chair / wheelchair are carried directly in the aircraft cabin at the Airline’s permission.
A passenger carrying in a wheelchair is allowed for carriage with an accompanying person. The payment for carrying the wheelchair is not charged.
Air carrier reports to the transit/final destination on every passenger who are onboard the aircraft with their wheelchairs by saying the name and surname of the passenger, wheelchair location and, if available, electric batteries that are used on these wheelchairs.
Carriage of pregnant women
Pregnant women are carried by the condition if this carriage is carried out not later than 4 weeks before the expected birth date, and if there is no risk of premature birth. Information confirmed by a medical conclusion and an exchange card on the pregnant woman’s status should be submitted to the air carrier.
The carriage of pregnant women is carried our by the condition that the air carrier does not assume any liability before this passenger for the consequences of her health condition and this fact is certified by her warranty obligation.
Carriage of the blind / deaf passengers
Blind or deaf passengers are carried in accompanying by an adult passenger or a specially trained guide dog or unaccompanied under the supervision of the air carrier if such carriage is provided by the Air Company’s rules.
A blind /deaf passenger or a person, who buys an air ticket on behalf of such passenger, when booking or purchasing such air ticket, informs the air carrier that a guide dog will fly with this passenger. The air carrier should undertake all measures to ensure providing with all necessary practical assistance to this blind / deaf passenger during the flight.
A guide dog accompanying the blind / deaf passenger is carried free of charge. The guide dog is allowed for carriage if the passenger accompanied by this dog has documents confirming the passenger’s right to the enjoyment or disposal of this dog; the dog is retained by the passenger with a special collar and the dog should wear a special protective muzzle. The passenger with his guide dog is placed, as a rule, on the last seat of the passenger cabin and, during the flight the dog is bound to an armchair of the accompanied passenger.
Carriage of deported passengers
The deported passenger is immediately carried by the airline, which took this passenger to the point of deportation or by the air carrier indicated by a body for deportation and reported to the point of departure. Carriage of the deported passenger by another air carrier is carried out in the following cases:
- There is no seat on the return flight of the initial air carrier;
- Flight of another air carrier appointed before the flight of the initial air carrier, or the person who is specified in the order of deportation;
- There is a direct flight of another airline but the flight of the initial air carrier or the one specified in the order of deportation includes intermediate points of landing.
The passenger will be charged the cost of a new air carriage. As a payment other than cash, one accepts all unused flight coupons in the passenger’s air ticket, as well as the exchange orders and Miscellaneous Charges Orders (MCO).
When checking-in the carriage a passenger should be provided with blank papers for filling-in, in which the passenger is obliged to reimburse the cost of the carriage, as well as all other expenses for a deported person to the air carrier or the air carrier who has suffered these expenses for him at some time after arrival at a destination point.
After that, one should send a telegram with a copy to the destination, namely the commercial service of the air carrier that was involved in deportation where one should indicate:
- The passenger’s full name and his address;
- “PGR DEPORTEE” mark;
- The reason of deportation (if known);
- Air route, number, date of flight, as well as the code of the deporting air carrier;
- Other necessary requirements;
- Mark and the amount that the passenger should pay for the carriage, as well as all other expenses;
- Mark, shape, serial number, place and date of issuance of the initial air ticket, as well as the flight number of the initial air carrier.
Prior to the flight, one should inform the aircraft commander and the crew about this passenger.
Delivery of the passenger and his luggage from the airport building’s terminal to the aircraft is carried out under the control and in accompany of the appropriate authorized body. Placing the passenger on an aircraft is carried out in accordance with the air carrier’s Regulations, or as directed by the commander of the aircraft.
All documents of the passenger are given to a senior attendant or another member of the crew who stores them in flight and transfers at destination immigration authorities on arrival.
A new air ticket for the deported passenger’s carriage is checked-in in accordance with the air carrier’s Regulations.
Emergencies
In the case of emergencies related to illness, injury or death of the checked-in passenger the air carrier undertakes all possible steps to assist in providing aid. Medical aid should not be provided to the passenger against his will.
The costs associated with carriage and medical assistance to the passenger is a passenger or his representatives’ expense in accordance with the applied legislation.
Air ticket – paper or electronic document certifying the conclusion of the air carriage contract between the airline and the passenger on the air route and in accordance with the conditions specified in this document.
Air Waybill/consignment note – paper or electronic form of the document of the established form that certifies the conclusion of the air carriage contract between the shipper and the air carrier on the air route and in accordance with the conditions specified in this document.
Air carrier – an organization or enterprise engaged in the operating air carriages/carriages, or offering its services in this area.
Aviation security – the protection of civil aviation against unlawful interference acts.
Agent - a person who, in accordance with the agreement or another official document, is authorized to act on behalf of the air carrier.
Property Irregularity Report (PIR) – a document issued by the air carrier in the passenger’s presence immediately after discovering the harm caused to luggage.
Baggage Tag – a detachable coupon issued to the passenger and intended for identification/recognition for checked baggage.
Baggage statement – a document certifying receipt and delivery of checked baggage to persons who are responsible for its safety.
Reservation – a preliminary concluded contract on air carriage between the airline and the passenger/shipper, in which the payment for carriage, as a rule, is carried out within the stipulated time established by the air carrier, but not later than the time of departure.
Warsaw Convention – Convention for the Unification of Certain Rules for International Carriage by Air signed in Warsaw, Poland, on October 12, 1929.
Domestic air carriage – air carriage when the point of departure, destination and all points of the air route are located in one state.
Refund – Payment to a passenger/consignor or a person authorized by him who paid for air carriage, part or the entire cost of carriage or service, which were previously paid but not used by him.
Air carriage – carriage of any kind, carried out on aircraft.
Cargo/shipment – any goods, thing or substance, except for the baggage and mail.
Cargo manifest – a document certifying receipt and delivery of the registered cargo by an air waybill to the persons who are responsible for their safety.
Consignor – a person, organization or company, which has entered into an agreement with the air carrier for air carriage.
Consignee – a person, organization or company, at the address to which goods/shipments are shipped.
Additional flight – a flight of the aircraft operated in addition to the flight schedule/timetable on the same air route, on which regular flights are operated.
Examination – application of technical or other means designed to identify and/or detect weapons, explosives or other dangerous devices, subjects or substances that can be used to carry out an unlawful interference act.
Notice: Regulations for examination and the requirements for aviation safety provision are regulated by the Kyrgyz Republic’s Aviation Security Regulations – APKR -17.
Checked baggage – passenger’s baggage that was accepted by the airline for carriage under his responsibility and for which the air carrier has issued a baggage receipt and a baggage tag.
Transit zone – an area at an international airport specially selected for stay of transit passengers and shipments, when applicable.
IATA – International Air Transport Association
ICAO – International Civil Aviation Organization
Interline Agreement – a commercial agreement between air carriers on recognizing of each other’s shipping and payment documents.
Light/bulk cargo – cargo, the specific volume of which exceeds 0.006 cubic meters in excess per kilo of its gross weight.
International Airport – the airport carrying out international air carriage, which is provided by the Customs, border, sanitary and quarantine control.
International veterinary certificate – a document issued by the relevant competent medical veterinary authorities and containing information about vaccinations, animal’s health and medical prosperous epidemiological situation in the region of residence.
International air carriage – a carriage, in which the place of departure and destination, regardless of whether there is a break in the carriage, located either in the territory of two states or in one state only but if one provides an intermediate stop in the territory of another state.
Unclaimed cargo / baggage – cargo/baggage, which was not claimed within 30 days from the date of its arrival in the destination.
Defective goods / luggage – cargo / baggage that were damaged, as a result of air carriage or, as a result of servicing carried out by an air carrier and/or an airport.
Malfunction of carriage – Sending baggage, cargo, lack of weight, loss, damage, lack of or improper checked carriage, improper labeled goods, broken packaging or the seals, as well as any non-fulfillment or improper fulfillment of the conditions of the air carriage contract, which caused or could cause damage for an air carrier, a passenger or a shipper.
Irregular / charter air carriages – individual air carriage operations carried out under the contract of charter, freight, lease or other similar agreement between an air carrier and a charterer or a customer.
Unaccompanied baggage – baggage transported separately from a passenger.
Civil Aviation Authority - Authority of the State, on which one has entrusted the functions to regulate and/or supervise the Civil Aviation sectoral activities.
Miscellaneous Charges Order (MCO) – a document issued by an airline to a passenger/shipper, in which the airline confirms the payment of the cost of the air ticket, baggage, cargo and other services of the air carrier.
STOP-OVER - intermediate point of the air route, in which one has scheduled stop of the passenger or cargo for more than 24 hours.
Voluntary refusal – refusal from air carriage, which occurred at the request of the passenger/shipper.
Passenger coupon – a part of the air ticket that is issued to a passenger by an air carrier.
Period of air carriage:
- In respect of luggage / cargo – the time period from the date of receipt of the luggage by an air carrier to the time of its issuance to a passenger or a consignee or to transfer it for storage;
- In respect of a passenger – the time period from the date of the passenger’s entry into the aircraft cabin and up to the moment when the passenger, after a flight, left the aircraft under supervision of the air carrier’s authorized persons.
Flight Coupon – a part of an air ticket or the payment document, which provides the passenger, if he has a passenger coupon, with the right to be carried between the destinations indicated in the coupon.
Claim – a claim/demand drawn up in writing by an interested person to compensate his damage caused during the air carriage.
Destination – the point, at which, under the contract on air carriage, this air carriage ends.
Departure point - the point, from which, under the contract on air carriage, this air carriage starts.
Transit point – an intermediate point, at which a passenger changes an aircraft and, if available, his baggage is re-loaded into another air vessel and, in the case of a cargo, this cargo is re-loaded from one flight to another one of the same airline for further carrying to the destination.
Transfer point - an intermediate point, at which, during 24 hours, a passenger changes an aircraft and, if available, his baggage is re-loaded into another air vessel and, in the case of a cargo, this cargo is re-loaded from one air carrier’s flight to another air carrier’s flight for further carrying to the destination.
Regular air carriages – air carriage operations carried out on a specified air route according to the published flight schedule including additional flights on such air route.
Flight - the aircraft’s flight, scheduled or unscheduled, operating from the air route’s initial to the final destination.
Hand luggage - things or objects that are necessary for a passenger during the flight that do not create any obstacles or inconveniences to the passenger himself, other passengers or an air crew during the flight, and they are under the passenger’s responsibility.
Charge – an amount charged in excess of the tariff.
Tariff – the rate of the payment for carrying a passenger, his baggage or cargo from a departure point to destination.
Transit passenger / cargo / baggage – a passenger / cargo / baggage, the air route of carriage of which includes a stop at one or more intermediate points of landing, and which are transported under the same air ticket and by the same air carrier.
Transfer passenger / cargo / baggage – a passenger / cargo / baggage, the air route of carriage of which includes a stop at one or more intermediate points, from where he flies by another flight operated by another air carrier.
Valuable cargo – cargo, which includes gold in coins, bullions or sand, platinum, silver and other precious metals, precious or semiprecious stones, including industrial diamonds, currency banknotes or coins, share-stocks, bonds, coupons, unpaid postage stamps and other securities, as well as jewelry items, which are carried under special conditions imposed by an air carrier.
Operator – a person, an organization or an enterprise engaged in operating aircraft or offering its services in this area.
E-ticket – an air ticket in a digital form, and placed in an appropriate digital electronic device.
Itinerary/Receipt – a paper version of the e-ticket, which is issued to a passenger by an airline.
Applicability
These Regulations are applied to any air carriages carried out in the territory of the Kyrgyz Republic, as well as to any air carriages carried out by Kyrgyzstan’s air carriers in the territory of other states unless otherwise is required by the Regulations of these other states.
Unless otherwise is indicated or if otherwise is followed from the context, any reference to the air carrier in these Regulations supposes a properly authorized or designated agent or air carrier’s representative, and vice versa.
All standards and guidelines specified in the IATA Resolution 722f and 722g that are not in contrary to these Regulations or any legislation of the Kyrgyz Republic may be applied by shippers and air carriers, in addition to these Regulations.
Notice: The IATA Resolutions 722f and 722g are contained in the IATA Passenger Services Conference Resolutions Manual.
When formulating the requirements in these Regulations a verb is put in the present tense, indicative mood, and when formulating recommendations one applies an auxiliary verb, “should” in an appropriate person with the infinitive of the main verb.
The notes included into these Regulations, where appropriate, have the goal to provide with factual information only or reference to the relevant requirements but they are not the integral part of these Regulations.
Any requirements of these Regulations may be freely used by air carriers from the date of the publication of these Regulations if it does not contradict the requirements of the “Regulations for Carrying Air Passengers, Baggage and Cargo on Airlines of the Kyrgyz Republic” (the document #225 issued on July 31, 2000) approved by the Kyrgyzstan’s Ministry of Transport and Communications and acting before these Regulations have come into force.
Air Carriage Contract
The fact that a passenger purchased an air ticket or a shipper checked his airway bill is considered, as the fact of the concluded air carriage contract, charter agreement or other similar agreement between an air carrier and a passenger or a shipper, respectively.
Under the air carriage contract, an air carrier obliges to carry a passenger, baggage or cargo to the destination specified in the air ticket, airway bill or a charter contract, respectively, and the passenger/shipper agrees to pay the air carrier for his services according to the established tariff or at an agreed rate.
The air carriage contract includes a list of conditions, rules and regulations including, at least, the following:
- A list, description and cost of each of the services offered by an air carrier;
- The rates on each of the offered air routes or types of carriages;
- The rules and restrictions for baggage/cargo and hand luggage;
- The air carrier’s rights and obligations;
- The rights and obligations of a passenger, shipper and consignee;
- A list of the benefits proposed by an air carrier;
- The order for carrying children;
- The order for carrying dangerous cargo;
- The order for carrying baggage in the passenger compartment;
- The order for carrying blind, deaf and other disabled passengers;
- The order for carrying sick passengers;
- The order for carrying animals/birds;
- The order for registration and check-in;
- Extractions from the Safety Regulations;
- Other information and provisions that air carrier deems it necessary to stipulate in the air carriage contract in order to ensure that his rights and the rights of another contracting party, the requirements of safety, as well as the flights’ regularity and efficiency are followed to.
An air carrier should undertake appropriate measures to ensure the availability of the air carriage contract to all users of his services at any convenient location or a source, or a passenger, including orally provision of information on contract conditions when selling or reserving air carriages. When checking carriage an air carrier provides a passenger/shipper with additional information about the following:
- The air carrier that carries out this carriage;
- Methods of carriage to the point of departure;
- The time and place of beginning and ending check-in;
- The requirements relating to customs, border, medical-quarantine and other controls at airports;
- The order of screening at airports;
- The conditions of service on board the aircraft;
- The type of aircraft operated for the carriage;
- Other appropriate information for a passenger/shipper.
An air ticket/ airway bill contains a short list of most frequently used or important safety provisions of the air carriage contract and other requirements of the Air Carriage Regulations.
Booking
Reservation is valid only if it meets the established rules of the air carrier that performs this carriage and valid only when entering information to the air carrier’s automated reservation system according to the Booking Regulations. Reservation may be made by phone or by using a reservation system in the Internet.
Up until the passenger is properly issued and checked an air ticket, booking is considered a preliminary one and may be canceled.
Purchasing an air ticket by a passenger means his consent to any seat that will be provided to him on an aircraft in accordance with the class of service specified in the air carriage contract.
An air carrier has the right to cancel the reservation without making a notice to a passenger/shipper on the expiry of the reservation period, and at any time if a client does not comply with any conditions of booking.
When booking, an air carrier is entitled to receive information from the passenger or shipper that is necessary for determining a feasibility of carriage or undertaking appropriate measures for its implementation.
An air carrier should ensure the confidentiality of received information about the passenger, shipper, and cargo/baggage, and gives it to the third parties only upon request and in accordance with applicable laws and regulations.
If a passenger did not use the reserved passenger seat at any part of the carriage air route then the passenger should inform the air carrier about his intention to continue the carriage on the following sections of the carriage’s air route. If the passenger has not informed the air carrier about his intention to continue the carriage the air carrier has the right to cancel the reservation at each subsequent section of the carriage air route without notifying the passenger. In this case, the air carriers’ obligation to carry the passenger is not stopped.
Booking and selling the freights may be done through the use of the Internet, telephone or other mean for committing such acts specified by an applicable legislation or an air carrier.
Reservation is considered tentative until the shipper has paid for air carriage and an airline did not give a properly executed airway bill to the shipper.
When carrying a transferred cargo, the air carrier should receive confirmation on reservation on all segments of the cargo’s carriage including the segments operated by other air carriers.
If the shipper paid the freight, but for some reason, willing or forced to postpone sending his shipment at a later date then he should declare his intention to the air carrier not later than two days (48 hours) before the date of the flight, on which one originally planned to send the shipments. In this case, the reservation is transferred at any destination of the air carrier that sells or books air tickets. Otherwise, the shipper compensates the cost of the unused part of the capacity provided by the air carrier.
Stopover
A passenger declares on his intention to make a stop to an air carrier when booking air tickets. Stopovers are indicated on the air ticket.
The passenger’s stopover on the carriage’s air route is permitted within the validity of the air carrier’s effective period of liability on carrying a passenger and in accordance with the applicable regulations of the state in whose territory one assumes stopover in the case of an international carriage.
Baggage of the passenger who makes stopover along the flight is checked before the stopover point and is subjected to issuing to the passenger in this destination.
Fees and charges
From each passenger older 12 years who departing from airports in the Kyrgyz Republic (KR) by an international flight, the airport taxes may be levied in accordance with the legislation of the KR. The following groups of passengers are exempted from the payment of any airport taxes:
- Children younger two years;
- Transit/transfer passengers who have the right to leave the transit zone for a period not exceeding 24 hours, or carrying out an emergency stopover at an intermediate airport in an effort of waiting for not more than 72 hours to continue their flight.
The applied tariff should be effective on the day of commencing the air carriage. The air tickets issued and paid up before the changes of tariffs announced by an airline or changing currency’s exchange rate are valid at no additional cost to the rate that is in effect at the date of commencement of the air carriage, unless changes are made in the air carriage contract. The tariff does not include ground transport services between a point of departure/destination and a municipality that is served by this airport, except when it is provided by an air carrier and is provided without additional charges.
No changes in tariffs or regulations make an influence to the terms of the air carriage contract if it has already begun. Recalculations on previously purchased air tickets are not made.
The payment for the carriage of passengers, baggage, cargos by charter flights may not be indicated in a conveyance document.
A passenger has the right to change the air route of carriage, unless otherwise specified by special conditions of using the rates specified in the original air ticket for initial carriage.
If a passenger changes his air route during carriage this change is issued by a new air ticket.
When a passenger pays for carriage of him and his baggage one applies the tariffs that are in force on the date of commencing the carriage. When paying for carrying shipments one applies the rates that are in force on the day of checking the airway bill.
If prior to the shipment, the tariffs are changed by an air carrier then the carriage checked before the tariffs’ change is carried out according to the initial conditions of the air carriage contract, unless otherwise agreed with the passenger/shipper.
In the case of involuntary changing the contract terms of the air carriage prior its commencement by a passenger/shipper then the freight charge is determined on the basis of the rates that are in effect on the day of the air carriage provided the original air carriage contract. Changing the terms of the air carriage contract by a passenger or a shipper, respectively, is considered, as a forced one when there is the following:
- The flight is canceled or delayed by the air carrier;
- The air carrier changed the carriage’s air route;
- The flight is not operated, as scheduled;
- Carriage failed because of impossibility to provide a seat on flight to the passenger/shipper on the day specified in the air carriage contract;
- Carriage failed due to delayed passenger/cargo at the airport because of the passage of inspection or other controls, provided that this passenger/shipper did not violate any requirements of the laws or regulations;
- The scheduled flight connections were not provided;
- The passenger’s disease or sickness or death of a member of his family jointly with him flying on an aircraft, provided that such a fact is confirmed by relevant documents;
- A passenger was not provided with the class of service specified in his air ticket;
- Improper check of airway bills by an air carrier.
In the case of a voluntary change of the air carriage contract’s terms by a passenger on the reasons not specified in the paragraph 2.5.9 of these Regulations prior to carriage the tariff is determined based upon the rates that are in force on the day of commencing a new carriage.
In the case of a voluntary or forced change of the air carriage contract’s terms by a passenger after commencing the air carriage when the tariff is changing the carriage is carried out at the rates that are in effect on the day of commencing this air carriage.
If the payment of tariffs and charges is carried out in the country of the payment for carriage in the currency that does not comply with the one established and published by an air carrier in the computerized reservation system then the rate of exchange for such currency should comply with the bank’s exchange rate, which is used by an airline on the day of selling the air ticket.
As a part of the Kyrgyz legislation governing the protection against unlawful acts by any person, an air carrier may request a copy of the passenger’s credit card, from which he pays for the air carriage. If carriage was paid for by a credit card of the third person, in addition to the above mentioned information, the air carrier may request the passenger to write a confirmation of the transaction, as a permission to the third person to use his credit card to pay for carriage, and the passenger is liable for financial and other risks that may arise, as a result of not providing an air carrier and/or providing incomplete and/or incorrect data. If the passenger refuses providing such information then the air carrier has the right to refuse this passenger in carriage.
Air carrier’s rights
An air carrier may unilaterally terminate the air carriage contract in the following cases:
- Violating the requirements of the customs, border, medical and quarantine or other legislation of the Kyrgyz Republic or the state of departure, destination or transit by a passenger/cargo owner/shipper;
- Passenger or shipper’s refusal to comply with the requirements of the air carrier’s rules or these Regulations;
- If the passenger’s health condition requires special conditions of the air carriage or threatens the safety of the passenger or other persons, as evidenced by medical records;
- Passenger’s refusal to pay the established payments for carriage;
- If a passenger violates the safety regulations on board an aircraft that create a threat to flight safety of the aircraft or a threat to life or health of other persons, as well as if a passenger does not comply with the aircraft commander’s instructions presented in accordance with the norms of the Kyrgyz Republic’s Air Code;
- Availability of the items or substances in the passenger’s things and/or his baggage/cargo banned for carriage.
An air carrier has the right to cancel, delay or postpone departure of the aircraft for another time without notice, to change a scheduled air route of carriage, as well as change the point of landing if such actions would be necessary due to force majeure circumstances:
- Natural disaster;
- Adverse weather conditions at the point of departure, destination or along the air route of carriage, as well as other phenomena that affect flight safety;
- Acts of unlawful interference;
- The requirements of state agencies.
An air carrier has the right to substitute one model of its aircraft to other ones.
An air carrier has the right at any time to replace the seat provided to a passenger in the aircraft cabin by another one equaled on the class of service if it is necessary to ensure the safety of flight.
If a passenger refuses from carriage for the reasons stipulated in the clause 2.6.1.1 then the air carrier or appropriate authority makes an appropriate act about this.
Ensuring safety on board an aircraft
A passenger is responsible for creating any hazard to an aircraft, its property, crew members or passengers on board this aircraft, including non-implementation of the crew members’ instructions if such instructions are issued in the interest of flight safety or normal conditions for passengers.
An air carrier has the right to prohibit or restrict using any equipment by a passenger on board an aircraft if it emits radio waves or creates other disturbances that may disrupt the normal functioning of any system or equipment of the aircraft.
An air carrier has the right to prohibit or restrict carrying the following items/subjects in the aircraft’s passenger cabin:
- Subjects or substances including animals and birds, which may cause any damage to an aircraft or persons or property on board this aircraft;
- Subjects that, during their placement in the cabin, their transfer or use may easily break down and cause any damage to an aircraft or persons or property on board this aircraft;
- Other items or substances including animals and birds, the carriage of which is not permitted by the legislation or the relevant aviation regulations of the Kyrgyz Republic.
On board an aircraft, a passenger is not entitled to be in a state of extreme intoxication (alcohol, drugs or under the influence of any substance), which may lead to danger or constitutes a danger to other passengers, the things, the aircraft or its crew. Drinking any alcoholic beverages aboard an aircraft is permitted only in a quantity offer by an air carrier.
Smoking aboard an aircraft is not permitted, unless otherwise agreed by the air carrier’s Regulations.
If a passenger does not comply with safety rules on board an aircraft then the air carrier has the right to undertake the following steps:
- Restrict the passenger’s movements in the aircraft’s cabins;
- Landing of a passenger;
- Denial of boarding a passenger on board an aircraft at any destination en air route;
- Handing over a passenger to local government law enforcement agencies for undertaking appropriate interventions;
- Apply administrative and civil actions (brought to administrative responsibility, going to court for damages) in relation to a passenger;
- Enter the passenger’s personal data in the list of unwanted passengers with refusal to him in further carriages by any flights operated by an air carrier for a period from 1 to 10 years.
If an air carrier was forced to undertake actions resulting to additional expenses due to any wrongful acts by a passenger then this passenger should reimburse such expenses to the air carrier.
Passenger/shipper’s refusal from air carriage
A passenger/consignor has the right to refuse from air carriage and receive a refund in full or, in the case if such carriage is terminated at an intermediate point then a refund of the unused segment of the paid amount for full air carriage in accordance with the terms of the air carriage contract in the case if:
- The air carrier did not comply with any terms of the air carriage contract;
- The scheduled aircraft was replaced by an aircraft of another type;
- Disease of a passenger or a person accompanying this passenger or, in the case of carrying an accompanied cargo, the person accompanying this shipment is sick;
- Any other circumstances duly confirmed in the established order, as they arise on the air carrier’s fault that caused to the passenger/shipper’s refusal from air carriage.
If any delay appears then the air carrier undertakes all possible measures to send a passenger/cargo by the nearest next regular or extra flight, if the parties did not initiate to terminate the air carriage contract by the passenger or the air carrier/shipper.
In the case of the passenger’s voluntary refusal from air carriage this passenger is returned the cost of carriage at the amount corresponding to the unused segment of this air carriage in accordance with the terms of the air carriage contract. The charge for refusal from a flight is charged in accordance with the terms of the air carriage contract.
Return of the air ticket or the amount paid for the unperformed carriage is made at the sales office where this air ticket was purchased or in other offices specified by an air carrier in accordance with the air carriage contract. The passenger/shipper is not entitled to any compensation for the unperformed carriage, which occurred due to delay of this passenger or delay in delivering cargo for its departure, or due to any other reason related to the failure to comply by a passenger/shipper with the established rules or procedures of check-in, inspection, control or other necessary rules or procedures related with checking-in for departure clearance.
Timetable/flight schedule
Regular flights are operated in compliance with the timetable for aircraft’s air traffic formed by an air carrier and approved by the civil aviation regulatory authority. The charter flights are operated in compliance with the plan (schedule) for charter carriages.
The published schedule of aircraft’s air traffic should reflect the following information on each regular flight:
- Departure point;
- Destination;
- Intermediate points with provided stopovers;
- Air carrier’s code;
- Flight number;
- Week days when a flight is operated;
- Time of departure (local);
- Time of arrival (local);
- Period, during which this flight has been operated;
- Type/model of aircraft;
- Any other information.
An air carrier should undertake all possible measures to carry out carriage in accordance with the air carriage contract.
In the case if there is any necessity to cancel or change the date or time of departure, to replace an aircraft, as well as any changes in the terms of the air carriage contract then the air carrier, as soon as possible, informs a passenger/shipper/customer about it and undertakes measures to ensure the airline fulfills its obligations on air carriage by any other flight or it terminates the air carriage contract and, on passenger/shipper/customer’s demand the airline should refund the received amounts to the latter without any deductions.
If beyond the air carrier’s reasons, its aircraft lands at a destination that is not provided in the timetable then the airline, at its own expense, carries a passenger by another flight from the point where the aircraft landed to the final destination. In the case when it is impossible to carry a passenger by an aircraft the air carrier provides his carriage by other types of transport and returns the difference between the amount accepted for air carriage and the cost of carriage by other types of transport. If the passenger refuses to follow the another type of transport then the air carrier returns the amount received from this passenger for the segment from the point of the aircraft’s crash-landing to the final destination specified in the air ticket, without any deduction of any fees/charges.
In the case if the timetable of aircraft’s air traffic changes then an air carrier should undertake all possible measures to inform the passengers, shippers, with whom an air carriage contract was concluded, about all these changes in any way.
The air route specified in the shipping documents may be changed by an agreement between the airline and a passenger and a shipper. If a passenger changes his flight’s air route than the air carrier may change the air ticket’s cost in accordance with the tariffs established for such air route and the selected class of service.
An air carrier has the right to cancel, delay the flight specified on the air ticket, airway bill, to replace an aircraft’s type, change an air route of carriage, if required by the conditions of safety and/or security, as well as at the demand of state bodies in accordance with their competence.
In the case of delayed departure or any circumstances, under which a passenger, at the air carrier’s fault, has to wait for departure for more than four (4) hours then the airline offers a passenger with free meals, followed by the provision of such meals at least in every six (6) hours at daytime and at least in every eight (8) hours at nighttime.
In the case of delayed departure or any circumstances, under which a passenger, at the air carrier’s fault, has to wait for departure for more than eight (8) hours then the air carrier, at its own expense, provides this passenger with accommodation in a hotel, free meals, transport for delivery to the hotel and back to the airport.
The airline may provide passengers with free meals, places in a hotel and transport regardless from the duration of this delay.
In the case if a passenger refuses from any free services provided by the air carrier under the air carriage contract then the cost of these services is not compensated.
Informing the passengers at the airport
At an airport, the air carrier informs a passenger about the following:
- Time and place for check-in;
- Time of ending check-in;
- Starting time for boarding an aircraft;
- Aircraft’s arrival;
- Reasons why departure/arrival is/was delayed;
- Regulations of carriage;
- The place for booking and purchasing air tickets;
- Other necessary information for passengers.
Passenger service on departure
The procedures for the inspection, check-in, control and other types of processing for passengers at the airport for departure usually start:
- Three (3) hours before the scheduled departure time when operating an international flight if a shorter period is not established by an air carrier, and
- Two (2) hours before the departure time when operating a domestic flight if a shorter period is not established by an air carrier.
Procedures for the inspection, check-in, control and other types of processing for passengers at the airport for departure usually close:
- 40 minutes before the departure time for international flights, if a shorter period is not established by an air carrier, and
- 20 minutes before the departure time for domestic flights, if a shorter period is not established by an air carrier.
A passenger is accepted for carriage on the flight after the time for check-in has expired only if there are some free seats available in the aircraft.
An air carrier and all the services and facilities at the airport, each within its competence, should undertake all possible measures to ensure avoiding undue delay and maximally minimize the time for the inspection, check-in, control and other types of the passenger’s clearance to board him in the aircraft.
A child may be allowed for carriage if, at least, both of his parents have provided with certified permission for this that was duly authorized.
Carriage of sick passengers, except for such passengers that are followed by a designated physician o do so, is allowed if there is a corresponding medical report/conclusion to do so.
Carriage of animals is allowed if there is a certificate or other authorization issued by a veterinarian doctor.
Carriage of weapons by a passenger in the aircraft’s passenger cabin is permitted if there is an appropriate permission issued by law enforcement or other government authority or, if applicable, by the Aviation Security Service of the airport.
An air carrier has the right not to check-in/issue an air ticket or airway bill if a passenger or a consignor, respectively, has no the necessary documents for exit/entry and export/import of goods/shipments, provided that such right belongs to an air carrier in accordance with the applicable law or other regulations of the state.
As regards a passenger who is late for check-in or boarding, as well as if he arrives with improper or missing entry/exit documents, as a result of which, he did not use the seat reserved for him, this passenger may be withdrawn a charge in accordance with the rules to apply a relevant tariff.
All kinds of services related with checking-in a passenger, the passenger and his baggage’s delivery from an airport building to the aircraft, back and forth, loading/unloading of baggage are carried out free of charge by an air carrier.
Servicing passengers on board an aircraft
If duration of a flight is more than 2.5 hours then an airline provides passengers with a minimum diet of free food.
Drinking water and/or other beverages are provided free of charge to passengers regardless of the flight’s duration.
An airline may provide meals to passengers for a fee or for free, regardless of the flight’s duration.
Servicing passengers on arrival
Upon arrival, the air carrier delivers a passenger to the airport building by the place from where:
- The luggage is issued and from where a passenger may be accompanied to the exit from the airport building or from where a passenger may start the established procedures for arrival and exiting from the airport building, in the case of an international flight, or
- A passenger may be accompanied to the landing place for the next flight or a waiting place if flying by a transit flight.