Indemnification to passengers upon cancellation or delay of the flight due to the fault of a carrier Printable versionLast update: 28.04.2023
The current legislation of the Republic of Kazakhstan, namely Article 86 of the Law of the Republic of Kazakhstan "On the Management of Airspace of the Republic of Kazakhstan and Aviation Activities" provides for the responsibility of a carrier to the passenger upon cancellation or delay of a flight, and also statute of limitations.
1. In case of changes in a flight status due to the fault of a carrier or due to late arrival of an aircraft, a carrier is obliged to arrange the following services for passengers at departure and intermediate points:
- provision (if available) of a mother and child room to a passenger with a child under the age of seven;
- two telephone calls, including the use of international communication lines, lasting no more than five minutes or two e-mail messages while waiting for the departure of a flight for more than two hours;
- provision of soft drinks while waiting for the departure of a flight for more than two hours;
- provision of hot meals while waiting for the departure of a flight for more than four hours and beyond:
- every six hours (during the daytime);
- every eight hours (during the nighttime);
- accommodation in a hotel provided by a carrier, while waiting for a flight departure for more than eight hours during the daytime and more than six hours during the nighttime;
- delivery by transport provided by a carrier from the airport to a hotel and back in cases where a hotel is provided without charging an additional fee.
The services specified in the paragraph are provided to passengers without additional charge.
If a flight status changes, a carrier, as soon as it is known of such a change, informs a passenger through a phone number and e-mail specified when purchasing a ticket, as well as at the airport about:
- reasons for changing a flight status and new departure time, and (or) about a new route;
- the list of services provided by a carrier in connection with the change in a flight status, if a change was due to the fault of a carrier or due to the late arrival of an aircraft in accordance with part one of the clause.
2. If a flight status is changed due to the fault of a carrier for a period of more than five hours, a carrier is obliged to provide the following at the choice of a passenger:
- provide transportation of a passenger by the nearest flight to the destination indicated in a ticket, with the provision of services in accordance with Clause 1 of the article;
- refund a passenger the full cost of a ticket.
3. For delay in the delivery of a passenger to a destination, a carrier pays a fine in the amount of three percent of tariff (a flight section where the delay occurred) for each hour of delay, unless a carrier proves that the delay occurred due to force majeure, in addition to compensation for losses incurred by a passenger, if the latter occurred in connection with such a delay.
The amount of the fine collected cannot exceed the cost of a purchased tariff (a flight section where the delay occurred).
4. Payment of a fine for late delivery of a passenger to a destination is made by a carrier based on application submitted by a passenger through a carrier's website or ticket sales points.
5. Carriers who have committed violations of the requirements provided for in this Article shall be liable in accordance with the laws of the Republic of Kazakhstan.
Statute of limitations.
- Claims against a carrier related to transportation may be filed in cases of complete or partial refusal of a carrier to satisfy a claim or failure to receive a response from a carrier to a claim after fifteen working days from the date of sending the claim.
- The statute of limitation under a transportation contract is two years.
- The statute of limitation is calculated from the day following the occurrence of an event that served as the basis for filing a claim.