XXVIII Claims and Suits

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Chapter 1. General Provisions on Claims and Claims

1. Any claim for liability of YanAir LTD. Ltd. regarding damage caused during transportation may be filed in accordance with the conditions and limits of liability provided for by the Montreal Convention and the current legislation of Ukraine, without prejudice to determining the circle of persons, eligible, and their respective rights.

2. The total amount of compensation that can be received from the actual carrier that carried out the transportation, from the carrier under the contract and from its employees and sales and / or service agents who acted within their responsibilities, may not exceed the maximum reimbursement, which on the basis of these Rules can be recovered from the carrier under the contract or the actual carrier, while none of these parties is responsible in an amount greater than the limit of reimbursement applies to this person.

3. If a lawsuit has been brought against an employee of LLC YanAir LTD or an agent of LLC YanAir LTD (for sale and / or service) in connection with the damage referred to in these Rules, such employee LLC YanAir LTD or agent of LLC YanAir LTD (for sale and / or service), if he proves that he acted within his official duties, has the right to refer to the conditions and limits of compensation to which LLC “ YanAir »LTD.

4. LLC YanAir LTD is obliged to consider the claim and notify the applicant of its satisfaction or rejection with justification of the reasons within three months from the date of its receipt, if the carriage in connection with which the claim was made is fully carried out by one carrier.

If other carriers took part in such transportation, the period for consideration of a claim may be extended to six months, taking into account the current rules for resolving claims by such carriers.

5. Claims are considered in the manner established by YanAir LTD. Having received the claim, LLC YanAir LTD, depending on its complexity and sufficiency of the claim documents, the absence of which makes it impossible to examine the claim on the merits of the claimed claims, sends the applicant a request message within 15 days from the date of registration of the claim, informing the applicant about the receipt of the claim about if necessary, the need to present additional documents and the timing of the consideration of the claim after receiving documents that are not enough.

6. In the event of the death of the person liable, a claim for damages shall be filed in accordance with the terms of this section to the successor persons who legally represent such person or dispose of its property.

7. Any claim for liability relating to carriage by the actual carrier may, at the plaintiff's choice, be filed with the carrier or the carrier under the contract or both, together or separately. If a lawsuit is filed against only one of these carriers, he has the right to initiate the involvement of another carrier in the proceedings.

8. If LLC YanAir LTD pays compensation or provides services provided by these Rules, none of the provisions of this section in any way regulates the issue of whether a person has, in accordance with the provisions of these Rules is responsible for harm, the right of recourse to any other person.

Chapter 2. Claims and claims for inappropriate passenger transportation

1. If a claim is made for compensation for damage caused by a delay in the carriage of a passenger, the amount of compensation shall be limited to the amount specified in paragraph 1 of Chapter 5 of Section XXVII of these Rules. The amount of the claim must be proved by the person concerned.

2. Liability claims of LLC YanAir LTD regarding the improper transportation of a passenger must be submitted at the choice of the plaintiff to the court at the place of registration of LLC YanAir LTD, at the location of its main office or at the location of the office of LLC “ YanAir LTD, where the contract of carriage was concluded, within the time limit according to the current legislation from the date of its arrival to the destination or from the date when the aircraft was supposed to arrive at the destination, or from the date when the carriage stopped.

Claims for the liability of LLC YanAir LTD regarding the improper carriage of a passenger may be filed within the time period established by applicable law without first raising a claim against LLC YanAir LTD.

3. A claim for liability for damage caused as a result of the death or personal injury of a passenger may be filed with the appropriate court in the territory of the State Party that has acceded to the Montreal Convention, in which the passenger at the time of the accident has the main and permanent place of residence and to / from which LLC YanAir LTD provides services related to the air transportation of passengers on its own aircraft or on aircraft of another carrier on the basis of a commercial agreement, and in The YanAir LTD LLC carries out activities related to the co-transportation of passengers using premises rented by the YanAir LTD LLC itself or another carrier to which the YanAir LTD LLC has a commercial agreement, or which belong to it or to such another carrier.

4. The right to compensation for harm is lost if the claim for liability is not filed within the time limit according to the Montreal Convention and the current legislation of Ukraine from the date of arrival at the destination, or from the date when the aircraft was supposed to arrive, or from transportation stop dates.

Chapter 3. Claims and claims for improper baggage transportation

1. The receipt of checked baggage by the person entitled to receive it, without making any claims, provides until the contrary evidence that the baggage was delivered in good condition and, in accordance with the transportation document or record, is stored by other means of information storage .

The passenger must testify to the opposite by issuing the PIR (Property Irregularity Report) before leaving the airport baggage claim.

2. In case of improper transportation of checked baggage, the passenger must send LLC YanAir LTD a claim immediately after detecting damage (loss of part of the baggage contents) and within seven calendar days from the date of receipt of the checked baggage. In case of delay in baggage transportation, the claim must be made within 21 calendar days from the date when the baggage was transferred to the passenger.

1. If a claim is made for compensation for damage caused by a delay in the carriage of a passenger, the amount of compensation shall be limited to the amount specified in paragraph 1 of Chapter 5 of Section XXVII of these Rules. The amount of the claim must be proved by the person concerned.

3. Claims for the loss of baggage are presented to LLC YanAir LTD after the baggage is declared lost. Baggage is considered lost if it is not revealed by the results of the search within 21 calendar days from the date following that when the baggage was supposed to arrive at its destination. In this case, a claim against LLC YanAir LTD should be brought forward within two years from the date of arrival of the aircraft at the destination or from the date when the aircraft was to arrive at the destination, or from the date that the transportation ceased.

4. Any claim for improper baggage must be filed in writing and delivered or sent by the deadlines specified in paragraph 2 of this chapter. The claim must be accompanied by all necessary documents confirming the passenger’s right to claim compensation, depending on what the claim is for, including a ticket (itinerary receipt), fiscal checks for payment of services, a receipt for overtime luggage, a tear-off luggage identification tag , Act on improper baggage transportation, certificates of delays and other documents that may expedite the consideration of claims. The amount of the claim must be proved by the person concerned.

5. The liability of LLC YanAir LTD regarding the destroyed or lost baggage is limited to the amount specified in paragraph 2 of Chapter 5 of Section XXVII of these Rules.

If a claim is made regarding partially lost baggage, the compensation is calculated based on the weight of the lost baggage and the cost of 1 kg. The cost of one kilogram of reimbursement for partially lost baggage is calculated on the basis of the established amount of reimbursement in accordance with paragraph 2 of Chapter 5 of Section XXVII of these Rules and the minimum free baggage allowance established by the authorized body for civil aviation, specified in paragraph 2 of Chapter 2 of Section XII of the Rules.

6. If a claim is put forward for the reimbursement of partially lost baggage weighing up to 1 kilogram, then the weights specified in the recommended practice of IATA 1751 (Appendix A) can be used to reimburse the cost of partially lost baggage.

7. If a claim is made regarding damage to baggage packaging, the cost of repairing it is subject to compensation. In case of impossibility of further use of damaged baggage packaging, its value shall be subject to compensation, which is confirmed by the person concerned. If the applicant does not have documents that can confirm the value of the damaged baggage packaging, compensation is carried out in the same way as with partially lost baggage.

YanAir LTD. Ltd. is not responsible for the following types of baggage damage:
- broken wheels and legs of suitcases, bags, etc .;
- lost straps and loops;
- slight scuffs or scratches, damage as a result of excessive filling of the suitcase;
- damage to the handle of a suitcase or bag;
- damage to fragile things or products that quickly deteriorate;
- Damage to items improperly packaged.

8. If a claim is made for compensation for damage caused by a delay in the carriage of baggage, the amount of compensation is limited to the amount specified in paragraph 2 of Chapter 5 of Section XXVII of these Rules. The amount of the claim must be substantiated by the person concerned.

9. If there are no claims within the time periods mentioned in clauses 2, 3 of this chapter for international air transportation, no claims against YanAir LTD regarding improper baggage transportation are accepted, except for cases when YanAir LTD cheating. Claims for improper baggage transportation on domestic flights are made in accordance with the current legislation of Ukraine.

10. Claims for the liability of YanAir LTD regarding improper baggage transportation should be submitted at the choice of the plaintiff to the court at the place of registration of LLC YanAir LTD, at the location of its main office or at the location of the office of “ YanAir LTD, where the contract of carriage was concluded, within the time limit according to the current legislation from the date of its arrival at the destination or from the date when the aircraft was supposed to arrive at the destination, or from the date when the carriage stopped.

11. The right to compensation for harm is lost if the claim for liability is not filed within the time limit according to the Montreal Convention and in accordance with the current legislation from the date of arrival at the destination, or from the date when the aircraft was supposed to arrive, or from the date the transportation was stopped.