Decree of the Ministry of Transport No. 17 / 1966 Coll.
Ordinance of the Ministry of Transport on the Air Transport Regulations
Valid
Effective from 29.03.1966
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17
DECLARATION
Ministry of Transport
of 14 March 1966
on the timetable
The Ministry of Transport provides in agreement with the participating central authorities pursuant to § 55 paragraph 1 of Act No. 47 / 1956 Coll. on Civil Aviation (Aviation Act), and in order to implement the relevant provisions of Civil Code No. 40 / 1964 Coll. and Economic Code No. 109 / 1964 Coll.:
General provisions
Scope
(1) The Air Transport Regulations (hereinafter referred to as the Transport Regulations) lay down the rights, obligations and responsibilities of the Czechoslovak air transport operator (hereinafter referred to as the carrier), as well as the rights, obligations and responsibilities of passengers and carriers.
(2) The rules of transport shall apply to all national and international passenger, baggage and goods transport by the carrier.
(3) The national transport is a transport where, under the contract, the place of departure and destination, whether or not the transport is interrupted, lies within the territory of the Czechoslovak Socialist Republic.
(4) The international transport is a transport in which, according to the contract, the place of departure and destination, whether or not the transport is interrupted, is either in the territory of the Czechoslovak Socialist Republic and another state, or only in the territory of the Czechoslovak Socialist Republic, if an intermediate landing is provided for abroad.
(5) The provisions of the timetable must be applied in such a way as to serve the interests of the company and to ensure that air transport satisfies the transport needs of citizens and organisations effectively and economically.
Operation of the carrier
(1) In accordance with the national economic development plan, the carrier carries out scheduled air services by flight schedule and irregular air services by special arrangements.
(2) To that end,
(a) plan, organise and carry out the carriage of passengers, baggage and goods;
(b) ensure the safety and timeliness of passenger transport and enable them to enjoy the comfort and use of social and cultural facilities;
(c) ensure integrity of the baggage and goods carried;
(d) carry out activities arising from the General Representation of foreign air carriers in the Czechoslovak Socialist Republic, in particular receiving passengers, baggage and goods on their routes;
(e) it is entitled to arrange for the ground transport of passengers, baggage and goods to and from the airport or from other landing points and to arrange for the supply of baggage and goods to the consignee.
(3) When carrying out the transport, the carrier may be represented by another carrier, in the same way as if it had carried out the transport itself.
Transport restrictions
The carrier shall be entitled to postpone, revoke or terminate from weather, technical or other reasons for its independent years.
Detailed transport conditions and tariffs
The detailed provisions on air transport of passengers, baggage and goods shall contain detailed transport conditions issued by the carrier with the agreement of the Ministry of Transport. The fares, fares and compensation for air transport services shall be fixed.
Passenger and baggage transport
Basic provisions
(1) A passenger who has fulfilled the conditions laid down in the transport rules has the right to have him transported to his destination in due time.
(2) A passenger shall have the right to a seat on an aircraft for a particular flight if a ticket has been issued for that flight and a reservation has been confirmed. A child under 2 years of age, if no fare has been paid, shall not be entitled to his own seat and to the transport of loose luggage.
(3) Each passenger is obliged to obtain a ticket no later than before the journey. The carrier is obliged to issue a ticket to the passenger (group) upon payment of the fare.
(4) If the ticket appears in the passenger's name, it is not transferable.
(5) If the passenger does not use the space provided for him on the aircraft, he shall return the fare or part thereof to him. The amount of the fare and the conditions under which it returns are specified in the detailed transport conditions.
Tours and other refunds
(1) The carrier is responsible for the transport performance of the fare determined by the air transport tariff.
(2) The passenger shall be obliged to pay the expenses incurred by the carrier at the request of the passenger, in particular the expenses of telephone calls, telegrams, telex communications in connection with the provision or cancellation of a seat on the aircraft or other services, according to the special wishes of the passenger.
Flight schedules
(1) The carrier shall draw up and issue flight schedules for national transport taking into account comments from national committees; the flight schedules for international air transport are issued by the carrier in agreement with foreign carriers and after consultation with foreign aviation authorities. When drawing up the timetables, it shall take into account, as far as possible, the comments made by permanent larger carriers. The flight schedules and their amendments shall be approved by the Ministry of Transport or by the authority designated by it.
(2) The flight schedules must give an accurate overview of the connections and arrangements of scheduled air services. The period of validity shall also be marked in a prominent manner. The timetable shall be placed by the carrier at all airports and in its facilities serving passengers.
Obligations of passengers
(1) Passengers are obliged to exercise caution appropriate to the specific nature of air traffic and to follow instructions given to them by authorised personnel or given by radio, on signs or otherwise.
(2) Passengers must refrain from anything that could jeopardise the safety and continuity of transport and the order of the aircraft or cause interference in the performance of the service of the carrier's personnel. They shall also be obliged to act on the aircraft as well as when boarding and performing and, where appropriate, during land transport, so that other passengers do not interfere with their behaviour.
(3) Passengers are required to behave in such a way as to avoid damage to the carrier's or other passengers' assets and to assist in maintaining cleanliness and order in aircraft and other facilities of the carrier.
(4) Passengers are obliged to show their identity when buying a ticket and before boarding the aircraft.
(5) Passengers shall be required to surrender to the carrier before boarding the aircraft for safety purposes, in particular weapons, explosives, ammunition, corrosive substances, radioactive materials, readily ignited objects, and to be subject to control measures by the carrier or national security authority to determine whether they are transporting such items. The transport of those goods shall be decided by the carrier in accordance with Paragraph 40 of this Order.
Obligations of the carrier
(1) The carrier is obliged to carry out the carriage of passengers with professional care. In particular, it is intended to ensure the safety of passengers and the order of the aircraft.
(2) Aircraft must be in proper technical condition, clean and equipped to ensure the desired culture of travel.
(3) In the event of irregularities in the transport, the carrier shall inform the passengers of any relevant information relating to its execution.
(4) The carrier is obliged to inform passengers and transporters in an appropriate way, such as notices, press and radio, about any changes in transport, the introduction of new lines, the strengthening of transport on special occasions etc.
(5) At the request of the passenger, the carrier shall be obliged to submit to it, for inspection, the timetable, air transport tariffs, flight schedules and detailed transport conditions.
Passenger care
(1) The carrier is obliged to take care of comfortable passenger transport. It shall ensure that appropriate facilities such as information offices, cultural centres, sanitation facilities, transit hotels, luggage storage facilities are established and shall lay down the conditions for their use. The carrier is obliged to keep these devices clean and to ensure that they are operated according to the needs of the passengers.
(2) If passengers are ill during transport and their illness requires medical treatment, the carrier shall take care of the necessary care at the place of landing. The costs associated with this service, if charged by carriers, shall be reimbursed by the passenger to the carrier.
Exclusion of persons from transport
The carrier may refuse the carriage of a passenger
(a) when required by the rules on the conduct of flights,
(b) if transport is carried out in breach of the State of departure, arrival or crossing.
(c) if the passenger is being affected by a communicable disease which is subject to mandatory reporting or cannot take care of itself for his physical or mental condition;
(d) if it violates transport safety or public policy by its behaviour.
Luggage transport
(1) Luggage shall be transported as unregistered or registered.
(2) The passenger is entitled to free carriage of luggage up to the weight specified in the detailed transport conditions (so-called free baggage).
(3) The packaging, dimensions, contents and weight of each baggage must comply with the provisions of the timetable and detailed transport conditions.
Unregistered baggage
(1) As unregistered baggage, items which are carried by the passenger in flight and which are provided for himself are carried.
(2) The detailed transport conditions shall specify which items may be carried by passengers in flight and not included in the weight of baggage.
Loaded baggage
(1) Registered baggage is baggage which has been handed over to the carrier for transport and to which the carrier has issued a luggage pendant and, in international transport, also a luggage note.
(2) Luggage is normally carried by the same aircraft as passengers. If transport is not possible by the same aircraft, the nearest possible connection (earlier or later) shall be carried out; the carrier is obliged to notify the passenger in advance.
(3) Luggage in excess of the free weight allowed may be transported only if the detailed transport conditions so permit.
Luggage content
Articles which, by their characteristics or their use, could cause damage, endanger the safety of transport or be a nuisance to passengers may only be carried in luggage with the prior consent of the carrier and under the conditions laid down by him.
Review of baggage
(1) The passenger is required to indicate the contents of the baggage upon request by the carrier. The carrier is also entitled to examine the contents of the luggage in the presence of the passenger; If the passenger is not present, at least one witness who is not a carrier's worker shall be present.
(2) Where baggage is found to contain items which are not permitted to carry in baggage or which do not comply with the provisions of the timetable or detailed transport conditions by nature or packaging, such baggage may be excluded from transport before or during the journey; the carrier is entitled to compensation fixed by a tariff.
Pass the checked baggage
(1) When carrying baggage, the carrier shall confirm to the passenger the weight and number of pieces submitted. Each piece shall be provided with a luggage trailer and shall be handed over to the passenger.
(2) If the item submitted for transport as baggage is damaged, the carrier shall be entitled to note that in the transport document or to register it and must ask the passenger to recognise the correctness of the registration. If the passenger refuses to recognise the registration, the carrier shall be entitled to refuse to take over the damaged luggage for transport.
Managed baggage
(1) The carrier shall issue the luggage after the removal of the luggage pendant; in international transport also after surrender of the luggage note.
(2) The passenger or, where applicable, the holder of a removal of the luggage pendant may require that it be confirmed:
(a) reservations concerning the condition of the baggage to be issued;
(b) the date and hour on which he requested the baggage if it had not been issued to him.
(3) If the passenger (holder of the removal of the luggage pendant) accepts the luggage without written reservation during the issue, it is assumed that the luggage was issued in good condition.
Non-scheduled passenger transport
(1) The irregular carriage of persons must be ordered in advance. The order must contain all the information necessary to carry out and account for the transport, in particular the name (s), address of the client, precise identification of the location and time of arrival of the aircraft, direction, destination and duration of transport and number of participants.
(2) The order must be made in writing. Exceptionally, an oral, telephone or telegraphic order may be accepted. In this case the client is obliged to send an order in writing.
(3) If the carrier is unable to accept the order, it shall inform the client immediately.
(4) The order may be cancelled by the ticket holder at the latest until the time of receipt of the order by the carrier, unless another time limit has been agreed, otherwise he shall be obliged to reimburse the carrier for the expenses and damages incurred by him by making preparations for the performance of the flight in vain or to pay the compensation agreed in advance.
Establishment of an irregular transport contract
(1) An irregular transport contract is established between the client of the transport and the carrier by written receipt of the order.
(2) By the Treaty, the carrier undertakes to transport the parties to the transport and their property to the agreed place (s) in due time; the carriage is required to be carried out in the agreed extent and under the agreed conditions. The client commits to the carrier that he and the parties to the transport will meet the agreed conditions and pay the agreed fare.
Carriage of irregular goods
(1) In order to carry out the contract of carriage, the carrier is obliged to land an aircraft which complies with the agreed conditions at the agreed time; If the type of aircraft has not been agreed, it shall present an aircraft corresponding to the nature, purpose, duration of the shipment and number of its participants.
(2) The carrier is obliged to carry out a route agreed with the client. The carrier shall obtain the permit to conduct the flight. In international irregular transport, the carrier shall be entitled, unless it has been granted by foreign aviation authorities, to permit a flight (crossing) for an agreed route and, unless otherwise judged by the participants, to cancel the flight referred to in § 3.
(3) If the transport route has not been agreed, the carrier will carry out the transport on a route the use of which is economical with regard to the purpose of the transport and the type of aircraft used.
(4) If the agreed transport of the procedure is subject to special rules, in particular customs, health and safety, the client of the transport is obliged to take all necessary measures.
(5) The transport agent shall designate the person responsible for maintaining order on the aircraft and for complying with the safety regulations of the transport participants; that person is also obliged to ensure that the parties to the transport are always present in good time when the flight continues.
(6) If there is an obstacle to the preparation or execution of the transport for which the transport cannot be carried out or continued, the procedure shall be governed by an agreement between the client and the carrier. The carrier shall be entitled to compensation for the performance effectively performed, even if the carriage has not been carried out within the agreed scope; If this is the case, the carrier shall be entitled to compensation only if the client has benefited from, or may have benefited from, the partial shipment.
Transport of goods
Basic provisions
Goods shall be accepted for carriage by air provided that the nature of the consignment, the transport equipment, the weight load of the aircraft and on scheduled passenger transport routes so permits, also if the space is available after occupying the aircraft by passengers and after loading of baggage and mail.
Order of air freight transport
(1) The carrier shall be entitled to require from the carrier a prior order in order to arrange and organise the shipment in time.
(2) The details of the order, its particulars and cases in which the carrier is entitled to refuse the order shall lay down detailed conditions of carriage.
(3) The order should be made in writing. Exceptionally, an oral, telephone or telegraphic order may be accepted. In this case the client is obliged to send an order in writing.
(4) If the carrier is unable to accept the order, it shall inform the client immediately.
(5) The order may be cancelled by the client at the latest until the time of receipt of the order by the carrier, unless another time limit has been agreed, otherwise he shall be obliged to reimburse the carrier for the expenses and damages incurred by him by making preparations for carrying out the flight in vain, or to pay the compensation agreed in advance.
Establishment of a transport contract
Transport contract between carrier and carrier is negotiated
(a) in regular air transport, if prior to the order, by written receipt of the order, otherwise by taking over the goods by the carrier for transport;
(b) in the irregular air transport by written receipt of the order by the carrier.
Air waybill
(1) The proof of acceptance of the goods shall be the air waybill accompanying the consignment until it is issued or disposed of.
(2) The consignor shall complete the air waybill in the prescribed number of copies and forward it to the carrier at the same time as the goods submitted for transport. The carrier shall confirm receipt of the goods for transport by returning a certified copy of the air waybill.
(3) The consignor shall be responsible for the accuracy and completeness of the data contained in the air waybill and shall be responsible for the damage suffered by the carrier because the data and declaration of the consignor were incorrect, inaccurate or incomplete.
Amendment of the transport contract
(1) Until the consignment has been issued to the consignee, the consignor may request that the consignment be returned or delivered to another consignee on its cargo or may give another order.
(2) The consignee may order the shipment to be delivered to him at his expense elsewhere.
(3) The orders referred to in paragraphs 1 and 2 must be given in writing. The carrier shall comply with such orders within the operating limits provided that customs, health and other regulations so permit.
Packaging, condition and labelling
(1) The goods must be packed and marked in such a way as to protect them from loss and damage and not to cause damage or endanger the safety of persons and transport. Further provisions on the obligations of the consignor concerning the packaging and labelling of individual items shall include detailed transport conditions.
(2) If the packaging is missing, if the packaging is defective, if it does not comply with the relevant rules, or if the contents of the consignment are likely to be damaged, the carrier may refuse to transport the goods or bind them to transport, provided that the consignor recognises the defect in writing on the consignment note.
Determination of weight and number of pieces
When the goods are taken over for transport, the carrier shall identify the weight and number of packages and compare the data found with the data on the air waybill.
Loading and unloading of goods
(1) Unless otherwise agreed, it shall load the goods on aircraft and interpret them from aircraft by its own means.
(2) Where the consignor (s) carries out the loading (unloading), it is obliged to follow the instructions of the carrier.
Goods on delivery
The consignor may send the goods by means of a means of delivery if the detailed transport conditions so permit. The carrier shall be liable for taking over the goods for delivery on a specified tariff.
Review of the consignment
(1) The carrier shall have the right at any time to ascertain whether the actual contents of the consignment are in agreement with the particulars on the consignment note. It may also be satisfied that the goods taken over for transport under special conditions are fulfilled.
(2) The consignor must be present when determining the content. If this is not possible, at least one non-carrier worker witness shall be present.
(3) If, when examining the contents of the defect, it is found that transport could be caused by damage to the health of persons or damage to means of transport or other mail or caused by difficulties for passengers and crew on flight, the carrier may exclude the consignment from transport, store it on account and the risk of the consignor and collect compensation on a tariff basis. The carrier shall notify the consignor of the measures taken.
Issue of goods
(1) Upon arrival at the place of destination, the carrier shall be obliged to issue the consignment to the consignee upon payment of the unpaid expenses with all the accompanying documents it has designated. In international transport, the consignment may be issued only after consultation under customs and other regulations. The consignee shall confirm receipt of the consignment on the consignment note.
(2) Unless otherwise agreed, the consignment shall be issued to the consignee at the airport of destination. The consignee shall be notified of the arrival of the consignment by the carrier.
Delivery periods
The carrier is obliged to transport the goods within the agreed time limit and, if not agreed, to transport them without undue delay.
Obstacles in the performance of the transport contract
(1) If it is not possible to locate the consignee, if the consignee refuses to accept the consignment or if the consignee is not able to issue it for another reason on the part of the consignee, the carrier shall proceed under the order of the consignor, which shall immediately request it. If the order cannot be obtained, the carrier may, at the expense and risk of the consignor, store the consignment and inform the consignor without delay.
(2) If it is not possible to notify or subsequently notify the consignor in the cases referred to in paragraph 1, or if the consignor does not provide a practicable order, the carrier shall be entitled to dispose of the consignment. Disposal shall be carried out by handing over the item or goods to the organisations authorised to take them over or sell them, and, if the goods are in such a condition that they cannot be economically used, by destroying them while maintaining the relevant provisions.
(3) The carrier shall inform the consignor of the intended disposal in the fastest way. They shall proceed to be disposed of within 5 days of notification of the consignor under conditions laid down by detailed transport conditions. Consignments which cannot be stored due to their nature, in particular consignments of easily corruptible goods and live animals, may be sold by the carrier without prior notification of the consignor immediately to prevent degradation.
(4) The carrier shall record the destruction of the consignment and inform the consignor.
(5) The proceeds of the liquidation shall, as a priority, be recovered from the carrier's debts under the transport contract; where applicable, the remainder of the proceeds shall be issued by the carrier to the beneficiary of the transport contract or, if he does not request the remainder of the proceeds of the liquidation, the amount shall be paid to the State budget.
(6) If the proceeds of liquidation are insufficient to cover the carrier's claims, the carrier shall be obliged to pay the carrier the remaining amount.
Transfers and other refunds
(1) The carrier is responsible for the carriage of goods by scheduled tariff.
(2) Other, the transport of services connected by way of order or in the interests of the carrier shall be the responsibility of the carrier to reimburse the costs incurred as a result of such services.
(3) The bill of lading and other compensation must comply with the agreed conditions and allow for an examination of the accuracy of the amounts charged.
Transport of perishable goods
(1) Perishable goods (e.g. fruit, vegetables, meat, milk products, fats) are transported by species and characteristics and by length of transport and per year.
(2) Where the nature of the consignment so requires, the carrier shall agree with the carrier a special method of handling the shipment for transport.
(3) Compensation for the deterioration of goods caused by their deterioration shall be paid to the transporter only if he proves that the deterioration of the goods has been caused by the overrun of the delivery period or by failure to comply with the conditions agreed pursuant to paragraph 2.
Transport of live animals
(1) Live animals may be transported as consignments in suitable housings in the hold. The consignor shall inform the consignee of the submission and likely arrival of the consignment and the consignee shall expect the consignment at the airport.
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Regulation Information
| Citation | Decree of the Ministry of Transport No. 17 / 1966 Coll., on the Air Transport Regulations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.03.1966 |
|---|---|
| Effective from | 29.03.1966 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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