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.