LLC “Airline “Victory” filed a cassation appeal against the decision of arbitration of Sverdlovsk region, which confirmed legitimacy of the fine low-cost carrier in the amount of 20 thousand rubles for violation of the rules as part of the rules of free baggage allowance, according to the materials of the court. This writes the RAPS.
Date of consideration of the complaint the Arbitration court of the Ural district has not been determined. The airline appealed in the cassation instance the Arbitration court of Sverdlovsk region dated 27 June and the resolution of the Seventeenth arbitration appeal court on 8 September. Then the arbitration has refused satisfaction of the statement of “Victory”, confirming the legality of the decision of the regional Department of Rospotrebnadzor on the penalty.
According to Rospotrebnadzor, August 12, 2015 between Elena Grishenkova acting in their own interests and the interests of her minor daughters and the appellant had signed contracts in passenger transport by air.
In the Rospotrebnadzor administration in the Sverdlovsk region received a petition from Grishenkova about violation of their rights at check-28 August 2015 in the airport “Koltsovo” flight of the airline “Victory” on the route Ekaterinburg-Moscow. Of treatment and the testimony of Grishenkova it follows that when you check in the “victory” of the airport staff refused to register until Grishenkova will not pay for baggage exceeding the free baggage 6 kg. According to information provided on the electronic ticket of airline “Victory”, the baggage allowance is 10 kg for each passenger and that the Luggage should be in different bags not specified. Thus, according to Rospotrebnadzor, the allowable weight for two is 20 kg.
In the case file notes that the applicant, who was flying with his daughter alone, was one suitcase with a weight of 16 kg. When registering Grishenkova asked to apply the sum of the norms of free baggage with their daughter Luggage, but the airline staff said that in accordance with the rules of the airline “Victory” disconnect the Luggage on the two seats weigh less than 10 kg each, or pay for baggage exceeding the free baggage allowance. To fly, according to Grishankova, she paid for the baggage exceeding the free baggage 6 kg.
According to the airline, Grishenkova were provided to the carriage of baggage in excess of the normal free baggage allowance. The carriage was brought one piece of baggage weighing 16 kg, while the maximum allowable free baggage not exceeding 10 kg for one piece of Luggage. The applicant confirmed that representatives of the airline at the airport Koltsovo (Ekaterinburg) proposed Grishenkova to pay excess baggage or can be presented to the carriage in two pieces of Luggage not weighing more than 10 kg each.
In the study the official site of the applicant established in the section “Frequently asked questions (Luggage)” there is information that the Association of several pieces of baggage into one with increased weight and increased dimensions is not allowed, said the court.
The Tribunal indicated that Grishenkova daughter followed in the same destination airport, same flight and at the same time presented their travel documents and Luggage in a single registration point. The arguments of “Victory” that in paragraph 127 of the Rules of the airline Association applies only to norms of free baggage allowance, not kilograms, the court finds untenable, as the norms of free baggage allowance, include: quantity, dimensions and weight, so the pounds are uniting norms of free baggage allowance.
According to paragraph 14.3.6 of the rules of the airline “Victory” maximum weight of one piece must not exceed 32kg, dimensions of each piece shall not exceed 203 cm in three dimensions. Thus, the arbitral Tribunal, the claimant has the right to carry baggage with a maximum weight of 32 kg and dimensions of 203 cm in three dimensions. “The carrier was obliged to apply the sum of the norms of free baggage allowance, each passenger within the limits of the maximum baggage allowance (32kg), but if you check Grishenkova E. B.’s request to apply the sum of the norms of free baggage allowance, each passenger was denied”, – stated in the decision of the first instance.
In addition, in order to appropriate transportation of Luggage of passengers, members of the family or persons travelling together, especially the possibility of applying to these passengers the sum of the norms of free baggage allowance, each passenger, reminded the court. Materials of the case confirmed that the airline with the ability to meet the requirements for compliance with the legislation of the Russian Federation has not taken all the dependent measures, allowing a dismissive attitude to the performance of their public law duties, to the formal requirements of public law that the evidence of her fault, said the court.