Amendments to the air code. Amendments to the Air Code in connection with the accession of the Russian Federation to the Montreal Convention

On September 29, 2017, Federal Law No. 228-FZ of July 29, 2017 came into force, which amended a number of articles of the Air Code of the Russian Federation related to the carriage of luggage and hand luggage on aircraft. Legislators have canceled free baggage for non-refundable tickets, and also obliged carriers to establish baggage and hand luggage allowances on other categories of tickets.

Baggage

By virtue of the new edition of Article 103 of the Air Code of the Russian Federation, which governs the procedure for drawing up air transportation contracts, it is provided that the carrier, in the event that the passenger of the aircraft checks in the baggage, undertakes to deliver the baggage to the destination and issue it to the passenger of the aircraft or a person authorized by him to receive the baggage. In addition, legislators specified the rules for free baggage allowance. The new version of the article, in particular, says:

“The free baggage allowance is set by the carrier and provides for the number of pieces of baggage and the weight of baggage per passenger of the aircraft. At the same time, the free baggage allowance cannot provide for less than ten kilograms per passenger of the aircraft.”

When concluding a contract for the purchase of non-refundable tickets, the carrier now has the right not to provide for a free baggage allowance. In the event of the conclusion of such an agreement, the passenger of the aircraft undertakes to pay for air transportation, and if he checks in his baggage, also for the carriage of this baggage. In addition, the article now says that the delivery time for an aircraft passenger and his baggage is determined by the air transportation rules established by the carrier. The obligation to inform passengers about the baggage allowance rests with carriers.

In particular, paragraph 1.1 of this article states:

“The carrier or a person authorized by him is obliged to inform the passenger about the terms of the passenger air carriage agreement, including the condition for the return of the carriage fee upon termination of the passenger air carriage agreement or the non-refund of the carriage charge upon termination of the passenger air carriage agreement, as well as the conditions for the return of the paid for air carriage of the carriage charge before the conclusion of the contract for the carriage of passengers by air”.

The procedure for such informing about the terms of the passenger air carriage agreement, including the condition for the return of the carriage fee upon termination of the passenger air carriage agreement or non-refund of the carriage charge upon termination of the passenger air carriage agreement, must be established by federal aviation rules.

The new version of Article 104 of the Air Code of the Russian Federation provides for the termination of the air carriage agreement at the initiative of the carrier, if the passenger refused to pay for the carriage of his baggage in the amount and on the terms provided for in the passenger air carriage agreement. In addition, the termination of the contract is possible if the passenger's hand luggage or baggage contains items prohibited for transportation on an aircraft.

hand luggage

The norms of the new version of Article 85 of the Air Code of the Russian Federation determine that, as part of the pre-flight and post-flight inspection, hand luggage of passengers and crew can be checked in accordance with the norms of the Federal Law "On Police", if required by security standards.

According to the norms of Article 106 of the Air Code of the Russian Federation, the number of services and benefits that are provided to passengers includes free carry-on baggage within the limits, which is established by the carrier in accordance with federal aviation rules approved on the basis of the requirements of the operational documentation of the aircraft, and allows you to place hand baggage in the passenger cabin (salon) of the aircraft. Article 118 of the Air Code of the Russian Federation establishes the responsibility of the carrier, including for the safety of hand luggage. Provided that it is not proved that the loss, shortage or damage (spoilage) of hand luggage occurred due to circumstances that the carrier could not prevent and the elimination of which did not depend on him, or the passenger had intent. The norms of Article 119 of the Air Code of the Russian Federation determine the procedure and amount of compensation for damage or loss of hand luggage.

At the request of Article 133 of the Air Code of the Russian Federation, the carrier is obliged to insure the risk of its civil liability to the passenger of the aircraft for causing damage to life or health of the passenger, as well as to his luggage and hand luggage in accordance with federal law.

RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT CHANGES
TO THE AIR CODE OF THE RUSSIAN FEDERATION

6. A passenger cannot be refused to conclude a contract for the air carriage of a passenger if he is entered by the carrier in the register of persons whose air carriage is limited by this carrier, if this passenger returns to the Russian Federation from the point of departure, the only means of transport communication from which The Russian Federation is air transportation, or is subject to administrative expulsion from the Russian Federation, deportation or readmission (transfer or acceptance by the Russian Federation in accordance with the international treaty of the Russian Federation on readmission), provided that the only means of transport between the Russian Federation and the point of departure or point destination is air transportation, either traveling to or from the place of treatment, or accompanying a passenger with disabilities and other persons with disabilities to or from the place of treatment, or going to the funeral of a family member or close the first relative of the passenger entered in the register of persons whose air transportation is restricted by this carrier, or vice versa, which is documented.

7. The carrier is obliged to notify the passenger in writing of his inclusion in the register of persons whose air carriage is limited by this carrier, as well as of the cases in which the passenger cannot be refused to conclude a passenger air carriage agreement and which are specified in paragraph 6 of this article. ".

This Federal Law shall enter into force one hundred and eighty days after the day of its official publication.

The president
Russian Federation
V. PUTIN

On September 29, 2017, a new edition of the Air Code of the Russian Federation came into force. Now passengers who bought non-refundable plane tickets have lost their right to free baggage allowance. In addition, legislators have clarified the requirements for the carriage of hand luggage and the responsibility of carriers for it.

September 29, 2017 entered into force Federal Law No. 228-FZ of July 29, 2017, which amended a number of articles of the Air Code of the Russian Federation related to the carriage of luggage and hand luggage on aircraft. Legislators abolished free baggage for non-refundable tickets, and also obliged carriers to establish baggage and hand luggage allowances on other categories of tickets.

Baggage

Due to the new edition article 103 of the Air Code of the Russian Federation, which regulates the procedure for issuing air transportation contracts, it is stipulated that the carrier, in the event that the passenger of the aircraft checks in the baggage, undertakes to deliver the baggage to the destination and issue it to the passenger of the aircraft or a person authorized by him to receive the baggage. In addition, legislators specified the rules for free baggage allowance. The new version of the article, in particular, says:

The free baggage allowance is set by the carrier and provides for the number of pieces of baggage and the weight of baggage per passenger of the aircraft. At the same time, the free baggage allowance cannot provide for less than ten kilograms per passenger of the aircraft.

When concluding a contract for the purchase of non-refundable tickets, the carrier now has the right not to provide for a free baggage allowance. In the event of the conclusion of such an agreement, the passenger of the aircraft undertakes to pay for air transportation, and when checking in their baggage, also for the carriage of this baggage. In addition, the article now says that the delivery time for an aircraft passenger and his baggage is determined by the air transportation rules established by the carrier. The obligation to inform passengers about the baggage allowance rests with carriers.

In particular, paragraph 1.1 of this article states:

The carrier or a person authorized by him is obliged to inform the passenger about the terms of the passenger air carriage agreement, including the condition for the return of the carriage fee upon termination of the passenger air carriage agreement or the non-refund of the carriage charge upon termination of the passenger air carriage agreement, as well as the conditions for the return of the amount paid for air carriage the carriage charge before the conclusion of the contract for the carriage of passengers by air.

New edition article 104 of the Air Code of the Russian Federation provides for the termination of the air carriage agreement at the initiative of the carrier, if the passenger refused to pay for the carriage of his baggage in the amount and on the terms provided for in the passenger air carriage agreement. In addition, the termination of the contract is possible if the passenger's hand luggage or baggage contains items prohibited for transportation on an aircraft.

hand luggage

The rules of the new edition article 85 of the Air Code of the Russian Federation it was determined that, as part of the pre-flight and post-flight screening, the hand luggage of passengers and crew may be checked in accordance with the provisions of the Federal Law "On Police", if required by safety standards.

According to the norms article 106 of the Air Code of the Russian Federation The services and benefits provided to passengers include free carry-on baggage allowance, which is established by the carrier in accordance with federal aviation regulations approved on the basis of the requirements of the aircraft operational documentation, and allows you to place hand baggage in the passenger cabin (cabin) of the aircraft. ship. establishes the responsibility of the carrier, including for the safety of hand luggage. Provided that it is not proved that the loss, shortage or damage (spoilage) of hand luggage occurred due to circumstances that the carrier could not prevent and the elimination of which did not depend on him, or the passenger had intent. norms article 119 of the Air Code of the Russian Federation the procedure and amount of compensation for damage or loss of hand luggage has been determined.

On demand article 133 of the Air Code of the Russian Federation the carrier is obliged to insure the risk of its civil liability to the passenger of the aircraft for causing damage to the life or health of the passenger, as well as to his baggage and hand luggage in accordance with federal law.