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.