Passenger carriage contract

1. Terms used in this contract shall have the following meanings:

• “ticket” means this passenger ticket (Itinerary/Receipt) and baggage check, which include these conditions and notifications;
• “carriage” means air carriage of passengers and baggage;
• “carrier” means air carrier that carries the passenger and their baggage;
• “air carriage contract” means valid contract concluded between carrier and passengers, which shall be confirmed by the ticket (Itinerary/Receipt) and includes these conditions;
• “carrier’s rules of carriage” mean rules for air carriage of passengers and baggage established by the carrier;
• “Montreal convention” means the convention for the unification of certain rules for international carriage by air, Montreal, 28 May 1999.

2. Carriage under this contract shall be performed according to the fare rules agreed by the passenger while booking. The rules of the fare may not provide for the return of amounts (funds), including in case of no-show for the flight, regardless of the reasons for no-show.

3. Carriage of passengers and baggage shall be performed according to the conditions of contract of carriage, Aviation Rules of Ukraine “The Rules of Air Carriage and Service of Passengers and Luggage”, approved by the order of the State Aviation Administration of Ukraine No 1239 as of November 26, 2018, registered in the Ministry of Justice of Ukraine on February 8, 2019 with the No 141/33112 (hereinafter referred to as the Aviation Rules of Ukraine).

4. In case of improper carriage (destruction, loss, damage, or delay) of the checked baggage the carrier shall reimburse only actual damage, proved by the passenger in the amount which shall not exceed 1288 SDR (Special Drawing Rights).

The amount of compensation caused by delay of baggage shall be established based on need to provide the passenger with the basic necessities. In any case such a compensation shall not exceed 50 USD.

The carrier shall not be able to exclude or limit its liability for the damage sustained in case of death or bodily injury of a passenger upon condition that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking in the amount of 128821 SDR per each passenger.

The liability of the carrier in case of damage caused by delay during carriage of a passenger shall be limited to an amount not exceeding 5346 SDR per each passenger.

5. Information on taxes and charges

The full cost of carriage shall comprise a fare, dues/fees of “AIR OCEAN AIRLINES”, airport dues/fees, taxes and duties established by state bodies of the country of departure, destination and transit. Due to changes in the fuel market price and the price of other payment components of the fare, “AIR OCEAN AIRLINES” may establish appropriate changes/surcharges to the fare.

Service fee established by “AIR OCEAN AIRLINES” or/and its sales agent for the services on provision of the ticket, МСО, ЕВТ, for “AIR OCEAN AIRLINES” flights, shall not be included into the cost of carriage and shall paid by a passenger separately with issuance of a document confirming the payment for such services. “AIR OCEAN AIRLINES” shall be entitled to charge a fee for providing additional services.

“AIR OCEAN AIRLINES” shall reserve the right to unilaterally change the fare, dues/fees, cost of additional services rendered to the passengers.

6. The carrier may deny boarding at any stage of carriage, cancel booking, or disembark the passenger:

• – in connection with the requirement to comply with the current legislation of the country of departure, arrival or transit;
• – on demand of the relevant authorities of the Ukrainian state bodies
• – if it is necessary to ensure flight safety and passengers` health;
• – if the passenger has not complied with the requirements of the air carrier related to flight safety, in connection with which the air carrier may not fulfill its obligations to other passengers on board the aircraft;
• – if they are in the state of alcohol or drug intoxication;
• – if the passenger behaves in a manner that raises doubts regarding the safety of the flight during carriage, namely demonstrates aggressive behavior and / or threatens other passengers, employees of the carrier and the crew of the aircraft;
• – in other cases, provided by the carrier`s rules of carriage, the Aviation Rules of Ukraine, the legislation of the country of arrival or departure.

7. The amount of funds which shall be refunded for an unused ticket (its part) depends on the used fare and fare standards of the air carrier and the type of denial of carriage (voluntary or involuntary).

In the case of voluntary refund for a ticket, what means if a passenger wants to receive a refund of the amount paid for the ticket and such refund is allowed by the applicable fare rules, then such amount shall be calculated according to the fare standards of the carrier.

The passenger shall be refunded the total of all unused state charges, taxes, airport charges (taxes). Charges (taxes) of the airline shall be refunded if it is provided by the fare regulations.

8. To protect health of passengers and for safety reasons, it is not allowed to smoke on board, as well as drink alcoholic beverages, if they were not offered in course of passenger service.

9. A passenger shall arrive to check-in not later than two hours prior to departure of an aircraft according to the schedule. Check-in of passengers at the airports of Ukraine shall be finished 45 minutes prior to departure time designated in the air ticket, time of completion of check-in at airports outside Ukraine should be defined at departure airports. Documents check, including visas, passenger ticket etc., shall be carried out at the airport during check-in of passenger for flight. Boarding of passengers shall stop 15 minutes before take-off.

10. Conditions of carriage of checked baggage and hand-luggage.

Passengers who travel with checked baggage and have paid the cost of its transportation in accordance with the established “AIR OCEAN AIRLINES” fare shall be allowed to carry free of charge (per one piece of baggage) up to 23 kg or up to 32 kg (for an extra charge), depending on the type of the aircraft, the class of service with a total size of its three dimensions not exceeding 158 cm. A piece of baggage with its weight exceeding 32 kg, in the absence “AIR OCEAN AIRLINES” consent to its registration as baggage, shall not be accepted for carriage. The free checked baggage allowance shall not apply if the passenger has purchased a ticket at a fare that does not provide for the carriage of checked baggage.

A child up to 2 years age (who is not provided a separate seat), shall be entitled to carry free of charge 1 piece of baggage with weight up to 10 kg and with total of three dimensions up to 115 cm.

The total weight of unchecked baggage (hand luggage), except for the wheelchair, should not exceed 7 kg.

As hand luggage in excess of the rate set by the carrier, regardless of the rules of application of the fare at which the ticket has been purchased, the passenger has the right to carry such items free of charge: men or women handbag or notebook, baby food to be used during the flight, airplane baby bassinet (for an infant up to 1 year of age), a stroller, a folded wheelchair and/or crutches, special equipment used by persons with disabilities, provided there is enough space for it and such transportation meets safety requirements.

11.

It is prohibited to carry in the cabin of an aircraft in hand luggage any prickly and cutting objects, including manicure scissors and files, needles for medical injections, knitting needles, metal knives, corkscrews, shock devices, weapons and ammunition, objects, devices and toys that mimic all weapons, lighters in the form of handguns and other weapons, as well as blunt-ended items that can cause personal injury.

Also, for the purpose of ensuring the safety of passengers, it is prohibited to carry the following articles and substances as checked baggage or hand luggage in the cabin: compressed gases, caustic substances, explosives and igniters and devices (ammunition, capsules and detonators, detonators, detonators, detonators) lights, replicas or imitations of explosive devices, mines, grenades and other military explosive devices, pyrotechnics, including pyrotechnic articles for fireworks, smoke bombs or cartridges, dynamite, powder and plastic explosives, etc.) solids and solids, radioactive substances, oxidizers, poisons, infectious materials, etc., as well as briefcases and cases with a built-in signaling device.

12.

In case of improper transportation of checked baggage appropriate act (PIR or DPR) shall be made at request of the passenger. On the basis of this act the passenger may file a claim with the carrier in written form. The claim shall be filed immediately after detection of damage to the baggage, but no later than within seven calendar days from the date of receipt of the checked baggage. In case of delay of transportation of the baggage the claim must be filed within 21 calendar days from the date on which the baggage was handed over to the passenger.

Claims for loss of baggage shall be lodged to the carrier after the baggage is considered lost.

The baggage is considered lost if it is not found on the results of tracing within 21 calendar days from the date following the date in which the baggage had to arrive at the point of destination.

In such case, the claim to the air carrier regarding improper air carriage of passengers or baggage must be lodged within two years for international flights and three years for domestic flights from the date of arrival of the aircraft to point of destination, or from the date when the aircraft had to arrive at point of destination or from the date on which carriage was stopped.

The air carrier shall be obliged to consider the claim and notify the applicant of its satisfaction or rejection within three months from the date of receipt of this claim if the carriage, in respect of which the claim was lodged, was fully performed by one air carrier. If other air carriers were involved in performing the carriage, the period for considering the claim may be extended to six months.

Rights of the passengers in case of denial of carriage, cancellation or long delay of the flight are defined by provisions of section XIII of the Air Code of Ukraine, section XV of the Ukrainian Aviation Rules and section XV of the Rules for air carriage of passengers and baggage of “AIR OCEAN AIRLINES”.

13. The ticket (Itinerary/Receipt) can be used for carriage only of the person whose name and surname are indicated in the ticket. Tickets for charter flights are considered invalid until the date of payment to the carrier of the cost of the charter flight. The air carrier has the right to require the passenger to identify himself. The passenger shall not replace the creditor, assign, transfer, or in any other way not dispose of his rights and obligations under the contract of carriage without the prior written consent of the carrier.

14. Administrative formalities

A passenger shall be responsible for obtaining all required travel documents, in particular visas, permissions, certificates etc., and for compliance with all applicable laws regarding exit, entrance and transit of a country of departure, arrival and transit.

The carrier shall not be responsible for the consequences that arise due to non-compliance of the passenger with the requirements of applicable laws of country of departure, arrival and transit or lack of documents, required for the trip. On the carrier`s demand a passenger shall be obliged to present to authorized persons of the carrier, representatives of appropriate state bodies, all documents for exit, entrance, transit, regarding health status and other documents requested by applicable laws. The carrier shall have the right to make copies of passenger`s documents required for the trip and keep them.

15. By paying for a ticket for a carrier`s flight, a passenger shall agree with all the conditions of the air carriage contract and the carrier`s regulations. By providing their personal data while booking, a passenger authorizes the air carrier to proceed, to store and to transfer personal data to the third parties for performing the air carriage.

The detailed list of items prohibited for carriage in hand luggage or checked baggage is available at https://airocean.com.ua/

Address for requests and claims: [email protected].