Claims and lawsuits in passenger and cargo air transportation

Air transport is one of the youngest modes of transportation. Its advantages are speed, year-round operation, and the ability to deliver goods to hard-to-reach areas. The vast majority of transcontinental passenger and long-distance cargo transportation is carried out by air. Unfortunately, it also has certain disadvantages: dependence on natural conditions, high cost, and, of course, the quality of services provided. And if the first problem is objective, the state, represented by the authorized bodies, is working with the second, then the competent specialists of the RegService company can help you with the third. We will protect your rights in the shortest possible time and at a reasonable price.

Our advantages - we know all the nuances

• certification and licensing of air services activities;
• registration of civil aircraft;
• drafting contracts for air transportation and other services;
• payment of compensation for violations of air services;
• interaction with regulatory and inspection authorities.

Tasks.

This service is usually provided in the following cases:

1. If the carrier refused to provide you with air transportation, canceled the flight, delayed the flight, or downgraded the class of service.
2. If your luggage or cargo was incorrectly transported, lost in whole or in part, its packaging was damaged, or the transportation time was delayed.
3. If you need to prove the legitimacy of your actions to consumer protection authorities.
4. If you need to register an aircraft or obtain a license and certificate of provision for any type of air services.
5. When a regulatory authority makes a decision on violation of aviation legislation and imposes financial sanctions.
6. If you constantly have receivables for block seats and fuel.
7. Or when there is no desire to resolve such situations due to bureaucratic procedures or lack of free time.

Advantages and features of this service

Speaking about the advantages of this type of service, it is worth pointing out the fact that it allows you to quickly and efficiently solve the most common problems associated with air transportation. By seeking the assistance of specialists who have extensive experience in working with the legislation of Ukraine, you will protect yourself from risks or find the best solution to any problem that may arise. Especially often this type of service is required when a foreign carrier is involved in the case, as in this case you need to know not only Ukrainian but also international legislation.

Order from us because

The market of passenger and cargo air transportation is constantly growing. Unfortunately, increased demand often leads to new problems. Fortunately, our lawyers are ready for any eventuality, so you can always be sure of a guaranteed positive result.

 Legislation regulating passenger and cargo air transportation

• The Montreal Convention;
• Civil Code of Ukraine;
• Commercial Code of Ukraine;
• Air Code of Ukraine,
• Aviation Rules of Ukraine (in particular, the Rules of Air Transportation of Passengers and Baggage, approved by the Order of the Ministry of Infrastructure of Ukraine No. 735 dated 30.11.2012 and registered with the Ministry of Justice of Ukraine No. 2219 / 22531 dated 28.12.2012).

What are the services of the Registration Service for claims and lawsuits in the field of passenger and cargo air transportation?

1. Consultation on the completeness of the provision of air services.
2. Assistance in obtaining compensation for failure to provide / improper provision of services
3. Preparation and submission of claims and lawsuits, support of cases in court at all stages of consideration and in all instances.
4. Business correspondence and effective interaction with clients, contractors, the State Aviation Service, the Consumer Protection Service, etc.
5. Appealing against actions for non-fulfillment/improper fulfillment of the terms of contracts in the field of aviation services (passenger transportation, cargo transportation, sale of air transportation, ground handling of airports and airfields, block charter of aircraft, etc.)

Passenger's rights to compensation for the following actions of the carrier

• refusal to accept on board the aircraft;
• flight cancellation or delayed departure;
• Downgrading of the passenger's class of service;
• failure to provide paid air transportation services.

Claims and lawsuits for improper passenger and cargo air transportation

First of all, it is necessary to understand what a claim is. This is a special document that must be made in writing. It is created by an interested person to reimburse for the losses incurred after international or foreign air transportation. The claim may be made to the carrier itself in person or to its representative at the place of arrival, departure, transit, transfer, or stopover. The document is drawn up at the discretion and at the request of the applicant. In this case, the interested person must prove why he or she needs to pay this particular amount of damage. The application will be considered for about 3 months, starting from the date when the claim was submitted. The claimant will be notified of the decision. The carrier may require additional documentation or an extension of the review period.

A claim against the carrier company is filed by the claimant only if this organization directly carried out the transportation. If the transportation was carried out by more than one company, two claims are filed (separately or together). You can involve other carriers, even if the case has already been initiated.

If a claim is filed for liability for damage caused by an air carrier that resulted in the death or bodily injury of a passenger, the documents are filed:

1. To a specific court located in a country that has acceded to the Montreal Convention and where the passenger temporarily or permanently resided.
2. To a specific court in the country from/to which the transportation was carried out on its own aircraft or on the aircraft of another company, in accordance with the signed agreement.

Claims and lawsuits for improper baggage transportation

A claim may be filed only if the passenger has recorded the fact of improper transportation of his or her baggage at the baggage claim. The claim can be sent to the carrier company:

1. Immediately after the damage was discovered.
2. Within a week after you have received your baggage.
3. Within 21 days after the baggage was handed over to the passenger.
4. If the luggage was lost, then within two years after the arrival of the vessel at the destination.

The plaintiff can file a lawsuit:

1. To the local court where the carrier is registered.
2. To the court at the address where the company's head office is located.
3. Where the contract was signed and the company's office is registered.
4. Stages of the procedure for appealing against actions and decisions of the authorized body for civil aviation (State Aviation Service) and its officials
5. The first stage is filing a complaint. Remember that you have ten days to file it.
6. Then a special appeal commission is created by the State Aviation Administration.
7. Within 15 days from the date of receipt of the claim, the commission considers it. If a more detailed review is required, the deadline may be extended for up to a month.
8. Filing an appeal in court (if desired).

What documents do I need to submit when filing a claim?

If you decide to file a claim for passenger or cargo air transportation, you should submit the following information and documents:

1. The claim itself. It must be filled out properly. Be sure to include the following information: the full name of the carrier company; your name, address, phone number; the circumstances that led to the claim; your claims; the amount and calculation of the amount; your details; a list of documents that you attach to the claim.
2. Application for money transfer.
3. Airline ticket (itinerary receipt). If the flight was canceled or postponed, it must be marked accordingly.
4. Boarding pass.

If you had damaged or lost luggage, also attach the following documentation:

1. Baggage tag.
2. A commercial act.
3. Documents that can confirm the amount of the repair.
4. The weight of the damaged baggage (without attachments).
5. A sufficient tag.
6. A certificate confirming that the baggage has not arrived.

Required information

Depending on the type of claim you are filing, you will need to attach the following information to your claim:

1. If you used an e-ticket, you will need to provide: its number (if you know it), your flight number, date of flight, name and surname. Also attach your passport (original).
2. If you were carrying excess baggage, you will need to attach a passenger coupon confirming payment of the receipt.
3. When ordering various fees, you need to provide a coupon of the paid receipt.

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