Decree of the Ministry of Transport No. 31 / 1960 Coll.
Ordonnance to issue an air transport schedule
Valid
Effective from 05.04.1960
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31
DECLARATION
Ministry of Transport
of 15 March 1960
issuing the air transport schedule
The Ministry of Transport publishes according to § 55 paragraph 1 of Act No. 47 / 1956 Coll., on Civil Aviation (Aviation Act) the following
AIR TRANSPORT RULES
General provisions
Scope
The Air Regulations apply to all national and international air transport of passengers, baggage and goods, including services related thereto, operated by Czechoslovak airlines (hereinafter referred to as "carriers').
Operation of the carrier
(1) The carrier is obliged to carry out scheduled and irregular air transport by arrangement in accordance with the national economic development plan.
(2) The carrier is also entitled to arrange for the land transport of passengers, baggage and goods to and from airports or other landing points, as well as to organise the delivery of luggage and goods to the consignee.
(3) The carrier also carries out activities resulting from the General Representation of foreign air carriers in the Czech Republic, in particular receiving passengers, baggage and goods for transport on their lines.
(4) In international air transport, the carrier may be represented by another air carrier.
Acceptance to transport
Passengers, baggage and goods shall be accepted by the carrier for transport at airports and transport offices.
Detailed transport conditions
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. *)
Air passenger and baggage transport services
Transport arrangements
The carriage of passengers and baggage shall be carried out either according to declared timetable (scheduled air transport) or under arrangements (irregular air transport).
Aeroplanes
(1) Each passenger shall be obliged to obtain a ticket at the latest before the arrival of the journey; the carrier is obliged to issue each passenger a ticket after full payment of the fare. The carrier shall have the right to refuse the carriage of a person who does not have a valid ticket.
(2) If the ticket appears in the name of the passenger, it is not transferable.
Entitlement to air transport
(1) The passenger has the right to a seat on an aircraft for a particular flight, provided that he has been issued a ticket for that flight and that the reservation has been confirmed.
(2) If the passenger does not use the location provided for him on the aircraft, he shall return the fare or part thereof under conditions which lay down detailed transport conditions.
(3) Special conditions may be laid down for the carriage of children by air as regards accompanying children by an adult, fare and baggage.
(4) Persons suffering from communicable diseases subject to mandatory reporting shall be excluded from air transport.
(5) The carrier may refuse the carriage of a passenger or a passenger from the transport of:
(a) when required by the rules on the conduct of flights,
(b) in the interests of transport safety or public policy, or for other reasons, for which passengers could be difficult or put at risk their safety.
The carrier may lay down specific conditions in this respect.
Obligations of passengers
(1) The passenger is obliged to demonstrate his identity to the staff of the carrier authorised by the carrier.
(2) The passenger shall be obliged to act on the aircraft as well as on boarding and disembarking, and, where appropriate, during land transport, so as not to be difficult for other passengers and to follow the instructions of the carrier and its staff.
Luggage
(1) Each passenger is entitled to the free carriage of luggage up to the weight specified in the detailed transport conditions (free luggage). The carriage of luggage exceeding this weight is paid by passengers when carrying them on a tariff basis (multiple baggage).
(2) The packaging, dimensions and contents of baggage must comply with the regulations laid down in the detailed transport conditions.
(3) Luggage shall be transported as unregistered or registered.
Unregistered baggage
(1) Unregistered baggage shall be transported by means of items carried by the passenger, with the agreement of the carrier, in his or her possession in flight.
(2) The detailed transport conditions shall specify which items may be carried by passengers in flight and not included in the weight of baggage.
(3) At the same time, detailed transport conditions shall specify which items of passengers in flight shall not be carried.
Loaded baggage
Registered baggage shall be carried in regular air transport in the baggage compartment, within the limits of the possibility of the same aircraft as passengers; if transport is not possible by the same aircraft, by the nearest (earlier or later) aircraft.
Luggage content
Only with the prior consent of the carrier and under the conditions laid down by the carrier may the luggage be transported:
(a) dangerous articles (explosives, toxic substances, corrosive substances, incendiary and radioactive substances, firearms and the like);
(b) other articles which, by their characteristics, could cause damage, harm safety or cause discomfort to passengers.
Review of baggage content
(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 not present, at least one witness who is not an employee of the carrier 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 regulations of the carrier 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) The carrier shall record the weight and number of passengers on the ticket when carrying baggage. Each piece shall be provided with a luggage trailer and shall also be handed over to the passenger.
(2) If the item submitted for transport as baggage is damaged, the carrier shall be entitled to note it in the transport document or to register it and to ask the passenger to recognise the correctness of the alert or registration. Otherwise, the carrier shall be entitled to refuse to take over the damaged baggage for transport.
Managed baggage
(1) Luggage shall be issued by the carrier on presentation of the ticket and on submission of the baggage cuts per item.
(2) The passenger or, where appropriate, the holder of the ticket is entitled to require confirmation of:
(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 or, where appropriate, the holder of the ticket accepts the baggage without written reservation at the time of issue, it is assumed that the baggage was issued in good condition.
Small animals
(1) A blind dog is transported free of charge, if accompanied by a blind person, by a dependant person and if the dog is fitted with a muzzle and appropriate equipment and trained by an officially authorised organisation.
(2) Other small animals shall be transported as luggage in containers in the luggage compartment for carriage by tariff and their weight, including the luggage, shall not be included in the weight of free luggage.
Flight schedules - Cancellation
(1) The timetable for national air transport shall be established by the carrier in an agreement with the State Air Administration, taking into account the comments made by the relevant management bodies of the national committees and by international air transport schedules in an agreement with the relevant air administrations and foreign air carriers.
(2) The carrier shall not guarantee the start and termination of the shipment within a certain period of time if the delay is for reasons which are independent of him.
(3) The timetable may be amended by the carrier for urgent reasons.
(4) The carrier shall be entitled, from weather, technical or other reasons, to cancel independent flights and to provide replacement services by another aircraft or other means of transport, or to return the fare or fare to the passenger for the unused part of the journey; in the case of replacement transport by other means of transport, the carrier returns to the passenger the difference in fare.
Overpayments and arrears
(1) Overpayments resulting from the error in the calculation of the fare and, where applicable, other compensation on a tariff basis shall be refunded and arrears incurred in the same way shall be paid.
(2) Detailed transport conditions may provide that the provisions of paragraph 1 shall not apply to overpayments or, where appropriate, arrears which do not exceed a certain amount.
(3) If the address of the passenger carrier is known, it shall return the excess to its address on its own initiative.
Irregular air transport
(1) Irregular air transport is arranged by acceptance and confirmation of the order.
(2) The order may be cancelled by the ticket holder no later than within the time limit specified by the carrier in the notification of receipt and confirmation of the order, or in detailed transport conditions as appropriate. If he does not do so within that period, he shall be obliged to reimburse the carrier for the expenses he incurred by making preparations for the conduct of the flight in vain, or to pay the compensation agreed in advance.
(3) Paragraph 7 to 16 (except for § 7 (2)) and § 18 apply mutatis mutandis to irregular carriage of persons.
Transport of goods
Transport arrangements
For the carriage of goods by air, regular and irregular air transport may be used.
Articles of air transport excluded or accepted for air transport only under special conditions
(1) Articles whose transport is prohibited are excluded from air transport.
(2) Dangerous articles, in particular corrosives, explosives, flammable substances, compressed gases, toxic substances and radioactive substances may only be transported if the conditions laid down by the carrier are met.
(3) Foodstuffs, live animals and plants for which conditions are laid down by specific provisions, in particular health, may only be accepted for air transport if these conditions are met.
(4) In the case of articles the loading, transport or unloading of which causes difficulties, or which do not qualify for air transport by air with regard to the aircraft at the disposal of the carrier, acceptance for carriage may be refused or subject to special conditions.
(5) Dead bodies in coffins are usually transported only by airplanes to order. All provisions, in particular those relating to boxes and medical regulations, must be complied with.
(6) The consignor shall be liable for any damage which would have occurred as a result of failure to comply with all the conditions laid down by the carrier.
Order of air freight transport
In the regular and irregular carriage of goods, the carrier may require a prior order to plan and organise the shipment. The details of the order, in particular under which conditions it is to be presented and when the carrier is entitled to refuse the order, shall lay down detailed transport conditions.
Entitlement to carry goods by air
(1) In scheduled air transport, goods shall be accepted for carriage, where permitted by transport equipment, weight load of the aircraft and free space after occupying the aircraft by passengers and loading of mail and free baggage.
(2) The carrier shall be entitled to use as a replacement the aircraft other than that agreed and with the consent of the consignor or other means of transport.
Contract of carriage
The transport contract between the carrier and the consignor shall be negotiated:
(a) in irregular air transport by confirmation of the order by the carrier,
(b) in scheduled air transport by the carrier.
The carrier undertakes to carry out air transport properly by concluding the transport contract.
Air waybill
(1) The proof of conclusion of the transport contract is the air waybill.
(2) The consignor shall draw up an air waybill in the prescribed number and form and forward it to the carrier at the same time as the goods presented 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 any damage suffered by the carrier because its data and declarations were incorrect, inaccurate or incomplete.
Procedures under customs and other rules
The procedure required under customs and other rules may be carried out by the carrier, unless this is contrary to the rules in force. The carrier shall be entitled to claim compensation on the basis of a tariff for obtaining such a procedure.
Review of the content
(1) The carrier shall have the right to ascertain whether the actual content conforms to the declared content in 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 witness who is not an employee of the carrier shall be present.
(3) If, when examining the contents of the defect, it is found that the transport could be caused by damage to the health of persons or damage to the means of transport or other consignments, the carrier may exclude the consignment from transport, store it on account and the risk of the consignor and collect the refund on a tariff basis. The carrier shall notify the consignor of the measures taken.
Packaging, condition and labelling
(1) Goods must be packed in such a way that they are protected against loss and damage and cannot cause damage or endanger the safety of persons and transport. The consignment must also be properly marked. Details of the obligations of the consignor concerning the packaging and labelling of individual items shall be laid down in detailed transport conditions.
(2) If the packaging is missing, if the contents are defective, if they do 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 consignment or its acceptance for transport is subject to the condition that the consignor recognises the defect in writing on the consignment note.
Determination of weight and number of pieces
When the consignment is taken over for transport, the carrier shall identify its weight and number of packages and compare the data found with the data on the air waybill.
Loading and unloading of goods
(1) Shipments shall be loaded on aircraft and landed from aircraft by the carrier itself, unless otherwise agreed, for the compensation provided for by the tariff.
(2) Where loading (unloading) is carried out by the consignor (consignee), the carrier must follow the instructions.
Value declared goods
(1) The carrier may accept goods of declared value for air transport.
(2) The declared value means the amount the consignor appreciates at his choice of goods presented for transport.
(3) The maximum declared value of the consignment which may be transported by air may be determined under detailed transport conditions. A consignment exceeding that value may only be transported by air under a special agreement.
(4) The carrier shall be entitled to collect compensation on a tariff basis for taking over goods of declared value for air transport.
Amendment of the transport contract
(1) Until the consignment has been issued to the consignee, the consignor may request that the consignment be returned to him at his expense or delivered to another consignee 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 where customs, health and other rules so permit and unless it proves that operating conditions prevent it.
Delivery of goods
(1) Upon arrival of the consignment at the place of destination, the carrier shall be obliged to issue the consignment to the consignee with all the accompanying documents it has designated, after consultation with customs and other rules. The consignee shall confirm the date and time of receipt of the consignment by his signature.
(2) In scheduled air transport, the consignment may be delivered to the consignee:
(a) at the airport of destination,
(b) at the transport office,
(c) to his address, if any.
Obstacles in transport and on delivery
(1) If the shipment cannot be carried out, if it cannot be traced to the consignee or if the consignee refuses to receive the consignment, the carrier shall proceed in accordance with the order of the consignor, which shall immediately request it. If the order cannot be obtained, the carrier may store the consignment at the expense and risk of the consignor; they must inform the consignor without delay.
(2) Where, in the cases referred to in paragraph 1, it is not possible to correct the consignor or subsequently correct the consignor, or if the consignor does not provide a workable order, the carrier may sell the consignment in public auction or take other measures within the time limit and under conditions laid down by detailed transport conditions. If articles are damaged quickly, the carrier may sell them immediately in order to prevent corruption, taking care of professional care. The proceeds shall be used by the carrier to cover its claims and shall be paid by the consignor.
Transport
(1) The carrier is responsible for the carriage of goods and for other services connected with the carriage of freight and compensation provided for by the tariff.
(2) The carrier shall have a lien on the consignment in his possession to secure his claims under the transport contract.
Transport of goods on delivery
The consignor may send the goods by means of a means of delivery provided that detailed transport conditions permit. The carrier shall be liable for taking over the goods for delivery on a specified tariff.
Overpayments and arrears
(1) Overpayments resulting from an error in the calculation of the transport charge or, where applicable, other compensation on a tariff basis shall be refunded and arrears resulting from the same procedure shall be paid.
(2) Detailed transport conditions may provide that the provisions of paragraph 1 shall not apply to overpayments or, where appropriate, arrears which do not exceed a certain amount.
(3) Where the address of the consignor (s) of the carrier is known, it shall return the overpayment to its address on its own initiative.
Liability of air transport
(1) The responsibility of the carrier shall be governed by national air transport:
(a) passengers and goods which are self-contained in flight, by general regulations, *)
(b) registered baggage and goods by the Convention on the Unification of Certain Rules in International Air Transport (Warsaw) No 15 / 1935 Coll. and its Supplementary Regulations (hereinafter referred to as the Convention).
(2) The responsibility of the carrier in the international carriage of passengers, baggage and goods is governed by the Convention.
(3) The limits of liability laid down in the Convention also apply to international shipments not otherwise covered by the Convention and to domestic shipments; However, liability limits shall not apply to the carriage of goods by air with a declared value where the carrier corresponds up to the amount declared.
Time limits for the exercise of liability claims
The time limits for claiming liability in respect of the carriage of passengers, baggage and goods by air shall lay down detailed transport conditions in accordance with the general rules and international agreements.
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Regulation Information
| Citation | Decree of the Ministry of Transport No. 31 / 1960 Coll., which issues the Air Transport Regulations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.04.1960 |
|---|---|
| Effective from | 05.04.1960 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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