Procedure for making claims and bringing lawsuits
Procedure for making claims and bringing lawsuits
17.1. General Provisions
17.1.1. Circumstances and facts, which may serve as grounds for making a claim by an aggrieved person and, hence, result in property liability of the Carrier, passengers, senders and recipients of baggage, shall be documented by reports.
17.1.2. When delivering baggage a report shall be made in the destination airport. In certain cases a report may be made in the departure or transit airport. The report shall be made in order to certify circumstances and facts serving as grounds for the right to demand compensation of damage resulting from the transportation and the relevant claim.
17.1.3. When delivering baggage to an airport:
- circumstances and facts requiring to make a report are:
- non-conformance of baggage name, weight or a number of baggage places to the data specified in traffic documents;
- shortage of or damage to baggage;
- damage to baggage packaging;
- discovery of baggage without documents and documents without baggage.
- this shall serve as grounds:
- for search of the baggage and the baggage owner;
- for investigation of reasons and identification of those responsible for the shortage of or damage to the baggage;
- for satisfaction or rejection of passengers’ claims;
- for development and implementation of measures for determination of causes of the loss, shortage of or damage to the baggage.
- the report shall be made and signed by:
- the recipient of the baggage;
- a person materially liable for the reported baggage;
- an officer of the Carrier/Airport certifying the facts documented in the report.
a representative of the Carrier/Airport completing the report shall be responsible for correctness of completion of the required form, accuracy and completeness of relevant information. The report represents a legal document for bringing a lawsuit by the passenger and the owner of the transported baggage.
17.1.4. In case of damaged baggage the passenger shall have the right to demand determination of a degree of damage before receipt of the baggage and making a report and, where necessary, an expert inspection.
17.1.5. If inspection of baggage in a transit or destination point discovers tampering of baggage for which a report has already been made and there is no difference between the condition of the baggage and the statements in the report, it shall not be necessary to make a new report and a note shall be made on a copy of the already existing report that no changes in the condition of the baggage have occurred since the moment of execution of the last report. This note shall be certified by stamp and signature of the airlines’ representative.
17.1.6. The first copy of the report shall be issued to the passenger (recipient of the baggage).
17.2. Terms for Making Claims and Bringing Lawsuits
17.2.1. In case of domestic transportation a claim may be made by a passenger against the Carrier within six months. This term shall be deemed commenced:
- in case of a claim for compensation of damage caused by shortage of or damage to the cargo and in case of a delayed delivery thereof, on the date following the date of dispensing the cargo; in respect of mail on the date of making a commercial report;
- in case of a claim for compensation of damage caused by loss of the cargo, in ten days after the expiration of the delivery term;
- in case of a claim for compensation of damage caused by loss of mail, upon expiration of the delivery term;
- in case of a claim for compensation of damage in all other cases, on the date of occurrence of an event which served as grounds for making the claim.
17.2.2. The Carrier may accept a claim for consideration upon expiration of the established period, if it recognizes the reason for the failure to make a claim in due time as justified.
17.2.3. In case of international transportation the passenger shall file a written application specifying general nature of damage to or shortage of baggage to the Carrier immediately or within the following periods:
- in case of damage to or shortage of baggage or cargo within 7 days of the receipt of baggage and not later than within 14 days of the date of receipt of the cargo;
- in case of delay in delivery of baggage or cargo, within 21 days of the date of transfer the baggage to the passenger or any other person entitled to receive it;
- in case of loss of baggage or cargo, within 18 months of the date of arrival of the aircraft to the destination airport or the date it should have arrived, or the date of termination of air transportation.
17.2.4. If checked baggage is not found within twenty-one days of the date of application for non-receipt of the baggage, the passenger shall have the right to demand compensation of damage caused by loss of the checked baggage.
17.3. Procedure for making a claim
17.3.1. The following persons shall have the right to make a claim to the Carrier:
- in case of loss, shortage of or damage to baggage and delayed delivery thereof, the passenger and a person authorized by the passenger;
- in case of termination of the passenger’s transportation on the Carrier’s initiative, the passenger;
- in case of loss, shortage of or damage to a cargo and delayed delivery thereof, the consignee;
- in case of loss, shortage of or damage to mail and delayed delivery thereof, post office of the mail destination point;
- upon producing relevant traffic documents and documents confirming the facts of making an insurance agreement and payment of insurance compensation, the insurer.
17.3.2. Claims shall be made in writing separately on each case of violation of the transportation agreement.
17.3.3. Claims shall be accepted at: Staropetrovsky proezd, 11, bldg. 2, Moscow, 125130, or by representatives of the Carrier in airports carrying out check-in for the airlines’ flights.
17.3.4. Claims received by email or fax shall not be accepted by the Carrier for consideration and shall not be responded.
17.3.5. The passenger (consigner) in their claim must specify:
- name of the Carrier against which the claim is made;
- full name and address of the person making a claim (applicant) and his/her/its contact number;
- circumstances which served as grounds for making the claim;
- the applicant’s claims;
- the amount of the claim and its calculation;
- bank details of the applicant for transfer of funds in case the claim has been satisfied (settlement account, bank, correspondent account, BIK (Bank Identification Code), recipient’s name);
- a list of documents attached to the claim.
17.3.6. Depending on the type of a claim the applicant shall attach to the claim the following documents:
- a copy of the document confirming the conclusion of the transportation agreement: air ticket, itinerary receipt, boarding pass, detachable coupon of baggage tag, cargo waybill, postal waybill;
- an electronic miscellaneous document receipt (EMD) ;
- a copy of the commercial report on damage caused during transportation of the baggage, cargo, executed by the Carrier or servicing agent immediately upon discovery of the damage.
In this case the commercial report shall be provided by the applicant in order to certify the following circumstances:
- non-conformance of the cargo name, weight or a number of cargo places to the data specified in traffic documents;
- damage to the cargo;
- shortage of or damage to baggage;
- discovery of baggage or cargo without documents and documents without baggage or cargo;
- original or duly certified copies of documents confirming the amount of damage caused to the applicant (cash receipts and sales vouchers, payment receipts, expertise reports, etc.);
- information on weight of damaged (lost) baggage (in case damage is caused to a suitcase/bag without affecting its contents, information on the weight of this suitcase/bag shall be provided without information on its contents).
17.3.7. In case that the claim is made by a person acting on behalf of the passenger (consignee) by virtue of authorities granted by law or a power of attorney, a duly certified copy of a document confirming such authorities shall be attached to the claim (power of attorney, birth certificate, court order on restriction of legal capacity or on recognition of a person legally incapable or missing, on declaration of a person deceased, etc.).
17.3.8. The following claims shall not be accepted by the Carrier and shall be returned:
- referred to a wrong carrier;
- referred by an authorized person;
- claim accompanied by incomplete package of documents depending on the type of claim. The absence of possibility to provide original and copies of documents shall be confirmed or substantiated by the claim materials.
17.3.9. Claims made in violation of the requirements and not accepted for consideration in accordance with clause 17.3.8 of these Regulations shall be returned to the applicant along with documents attached thereto specifying the reasons for refusal from considering the claim.
17.3.10. In the applicant submitted all documents and information specified in clause 17.3.7 of these Regulations but additional documents are required for consideration of this claim, the Carrier shall accept the claim and sent to the passenger (consigner) a request for provision of relevant documents and information.