File a claim

Prior to filing a lawsuit against the airline arising from the carriage of a passenger and baggage, pre-trial claims against him are mandatory, except in cases involving harm to the life and health of the passenger.

The grounds for making claims are:

• harm/damage caused to the passenger as a result of the airline’s violation of the contract of carriage.
• baggage delay in delivery to destination.
• damage to baggage and/or its contents, which were under the responsibility of the carrier.
• partial loss of the contents (shortage) of baggage.
• baggage exchange at pick-up.
• loss of luggage.

The passenger or duly authorized individuals or legal entities, in accordance with the procedure established by law, have the right to file claims and lawsuits against the carrier upon presentation of documents confirming the conclusion of an air transportation agreement for passengers and baggage, documents confirming the violation of the air transportation agreement and causing harm to life and health.

The submitted complaint or claim must be signed only by the applicant personally or by his legal representative.

The claim is not subject to review if:

a) The complaint or claim is anonymous.
b) The complaint or claim is filed through representatives of individuals and legal entities who have not provided documents confirming their authority.

A claim may be filed in case of violation of baggage transportation at the points of departure or stopover to the first or last carrier at the discretion of the applicant.

Claims for violations of baggage transportation agreements may be filed within the following time limits:

• in case of damage and/or shortage of baggage contents - no later than 7 days from the date of baggage receipt.
• in case of delayed baggage delivery - no later than 21 days from the date of baggage transfer to the recipient. At the same time, the detained baggage, which was not found during the search within 21 days from the day following the day on which it was supposed to arrive at its destination, is considered lost.
• in case of loss of baggage – no later than 2 (two) years from the date of arrival of the aircraft at the destination or from the date of termination of transportation.

If a passenger submits a claim in violation of the deadline, the airline may accept the claim for consideration on its merits if it recognizes the reasons for the violation of the deadline for filing a claim by the applicant as valid.

A passenger may file a claim in court against the carrier for damages in connection with injury to his health or baggage, if:

• the decision on his claim made by the carrier does not satisfy him.
• he will prove that he did not file a claim for damages within the prescribed time due to being misled by the carrier or his authorized agent.

THE PROCEDURE FOR FILING CLAIMS

1. Upon detection of damage caused to baggage, the passenger must verbally inform the airlines representative or an authorized ground agent of the airline about the damage caused to his baggage. The carrier or its ground agent must verify the authenticity of this statement and issue a Baggage Transportation Malfunction Report (PIR) manually on a standard form or using an automated baggage tracing system. If the damage caused to the baggage is discovered and established by the carrier himself, his representative or an authorized agent, the PIR act should be drawn up immediately, regardless of whether the passenger has filed a complaint about the discovered damage or not. The absence of a Baggage Infringement Act (PIR) does not deprive the passenger of the right to file a claim or claim. The presence of such an act in the set of documents attached to the claim does not constitute recognition of the harm caused.

2. Due to the fact that when submitting a claim at the airport of arrival or departure, the passenger often does not have the opportunity to provide the Carrier with all the necessary documents for consideration of the claim, as well as to finalize the amount of his damage, the passenger should be advised to send a claim after collecting all the documents necessary for its consideration, as well as the final calculation the amount of damage.

3. The claim is made for each ticket separately. It is allowed to file one claim for several settlement documents if the travelers are members of the same family of the first line of kinship (spouses, parents, children).

4. Passenger claims received by telephone, stated verbally or left in the form of an arbitrary message on the official website are not considered to have been submitted in compliance with the requirements of the claim statement.

5. When making claims, the deadlines for filing a claim established by the legislation and rules of the airline must be observed.

6. The claim must contain a description of the reasons for its presentation, the damage caused, and a list of the contents of lost or damaged baggage. The amount of damage must be proved by the person concerned, and the applicant must attach to the claim all necessary documents proving his right to claim damages.

7. If the applicant submits the documents required by the rules and the claim is submitted on time, but additional documents are required for its consideration, the claim service is obliged to accept such claim for consideration and request such additional documents from the applicant. Failure to provide such additional documents cannot be considered as grounds for refusal to consider the claim.

8. A claim may be submitted in the form of a written statement in a standard form and sent by mail to: Uzbekistan, Tashkent, 41, Amir Temur Avenue, GSP – 100060 or at the address of the nearest foreign representative office of the airline.

9. The statement of claim must contain:

• Last name, first name of the person who filed the claim, his full and exact postal address (with the index), contact phone numbers, e-mail address or the name and postal address (with the index) of the legal entity, institution, enterprise, organization making the claim on behalf of the passenger.
• The circumstances that are the basis for the claim.
• The applicants claims against the airline, the amount of the claim payment and its reasonable calculation.
• Full and accurate bank account details for the transfer of refund funds (bank details and passenger account number).

10. The following documents are attached to the claim for violation of passenger transportation, depending on its subject:

• when requesting a refund of the cost of unused transportation, air ticket numbers with unused flight coupons/printout of an itinerary receipt with marks about the cancellation of transportation.
• in case of a claim for compensation of the difference in the cost of the originally paid transportation and the provided transportation with a reduced class of service – the ticket number/itinerary receipt, the original boarding pass (if any).
• in case of a claim for damages – flight numbers of the actual route/ originals of boarding passes, receipts, receipts, other payment documents confirming the fact of causing property damage.
• if the claim is related to compensation for unused vacation time on a tourist voucher, then the claim must be accompanied by documents confirming the damage: a contract/voucher indicating the cost of the tour, documents confirming the payment of the tour, a certificate of the cost of a days stay at the hotel.
• bank details of the personal checking account to which the amount of the claim refund should be transferred.

11. The following documents are attached to the claim for violation of baggage transportation, depending on its subject:

• the passenger’s electronic ticket number/itinerary receipt printout, flight number and flight date. When issuing a paper ticket to a passenger, the original of his flight/passenger coupon is provided.
• last name of the passenger, a copy of the identity document.
• a tear-off ticket of the numbered baggage identification tag (Claim Tag) with which the baggage was marked.
• number/printout of the EMD receipt issued for payment of excess baggage or additional transportation-related services (if any).
• a Baggage Transportation Malfunction Report (PIR) issued to the passenger by the carrier or service agent immediately upon detection of a baggage transportation violation.
• documents confirming the amount of damage caused to the passenger (receipts, receipts and other documents submitted for payment as damages must be attached). In the absence of the possibility of presenting originals confirming the amount of damage caused, information about the cost of similar items obtained from Internet sources (from online stores, from the websites of manufacturers and suppliers of similar goods) may be used. At the same time, the inability to provide originals and copies must be confirmed or implied by the claim materials.
• bank details of the personal checking account to which the amount of the claim refund is to be transferred.

Depending on the nature of the claim for violation of baggage transportation, the set of necessary evidentiary documents may contain:

In case of baggage damage:

• Baggage Transportation Malfunction Report (PIR Report).
• luggage tag.
• receipts confirming the value of damaged baggage. In the absence of receipts, it is allowed to provide a photo of the damaged luggage, to inform the brand, article number, and year of purchase.
• a receipt for repairs (if the luggage container is to be repaired) or an opinion on the impossibility of repair. In the absence of a receipt, the cost of the luggage capacity is determined based on the average price of a similar product.

In case of loss of luggage:

• e-ticket number/ paper ticket passenger coupon.
• a copy of the passengers passport, a copy of the childs birth certificate/a copy of the childs passport.
• baggage tag tear-off card (Claim tag).
• Baggage Transportation Malfunction Report (PIR Report).
• A list of items in the luggage, indicating their value.
• documents (receipts, invoices) confirming the amount of damage caused.

If there is a shortage of baggage contents:

• e-ticket number/ paper ticket passenger coupon.
• a copy of the passengers passport, a copy of the childs birth certificate/a copy of the childs passport.
• baggage tag tear-off card (Claim tag).
• Baggage Transportation Malfunction Report (PIR Report).
• a list of lost items and an indication of their value.
• documents (receipts, invoices) confirming the amount of damage caused.

In case of delayed baggage delivery:

• e-ticket number/ paper ticket passenger coupon.
• a copy of the passengers passport, a copy of the childs birth certificate/a copy of the childs passport.
• baggage tag tear-off card (Claim tag).
• Baggage Transportation Malfunction Report (PIR Report).
• a document confirming the date and time of baggage collection.
• documents confirming the passengers expenses in connection with the non-receipt of baggage (receipts, invoices confirming the expenses incurred during the absence of baggage for the purchase of necessary clothes and shoes, hygiene products, etc.).
• documents confirming the passengers expenses related to baggage collection, if it was not delivered to the passenger at the address indicated by him (expenses for travel to the airport, long-distance calls, etc.)