The procedure for filing claims and lawsuits

Armenian Airlines LLC has the right to file a claim and a claim in case of violation of the passenger air transportation agreement:

• in case of loss, shortage or damage (damage) of checked baggage, as well as delay in its delivery – the passenger or a person authorized by him (on the basis of a passenger's power of attorney, subject to presentation of a copy of the passenger's passport or birth certificate – in respect of a minor passenger) upon presentation of a baggage receipt or commercial act;
• in case of termination of the passenger's air carriage contract on the carrier's initiative, the passenger.

A claim against Armenian Airlines LLC for air transportation in the territory of the Republic of Armenia can be filed within 21 days.

In case of shortage or damage (damage) of baggage during international air transportation, the person authorized to receive baggage, upon detection of such shortages or damage (damage), must submit a claim to the Carrier in writing or in the form of an electronic document signed with an electronic signature from the moment of detection of such shortages or damage (damage), but no later than seven days from the date of baggage collection.

In case of delay in baggage delivery, a claim must be submitted to the Carrier within twenty-one days from the date of transfer of baggage to the disposal of the person authorized to receive it.

If the loss of baggage during international air transportation is recognized by the Carrier or if the baggage has not arrived after twenty-one days from the day when it was supposed to arrive, the passenger has the right to file a claim against the Carrier for compensation for damage related to the loss of baggage.

Baggage is considered lost if it was not found during the search within 21 days from the day following the day on which it was supposed to arrive at the destination.

A claim for liability must be initiated, on pain of loss of the right to claim, within two years from the date of arrival at the destination, or from the day when the aircraft should have arrived, or from the moment of stopping the carriage. The procedure for calculating this period is determined by the law of the court in which the claim is filed.

Armenian Airlines LLC has the right to accept a claim for consideration after the expiration of the established period, if it recognizes a valid reason for missing the deadline for submitting a claim.

The submitted claim must be stated in writing in the form of an application / claim and contain all the information necessary for its consideration.

The claim statement must specify:

• name of the carrier to which the claim is made;
• name and address of the institution, enterprise, organization or person who filed the claim;
• the circumstances that are the basis for the claim, the content of the claim;
• the amount of the claim payment and its calculation, confirmed by documents (receipts, invoices, checks, etc.);
• the list of documents attached to the application.

The claim statement must be accompanied by:

• authentic or certified copies of documents certifying the conclusion of the contract of carriage and confirming the applicant's right to file a claim;
• commercial certificate/PIR issued by the carrier or an authorized representative of the carrier, certifying the presence of shortage or damage to luggage (indicating the weight of an empty suitcase);
• a document certifying the amount of damage caused by loss, shortage or damage to baggage.

If the claim application/claim is filed without the attachment of the listed documents, Armenian Airlines LLC additionally requests the required documents, specifying the deadline for their submission, and after the specified period, the claim is considered according to the documents available in the case.

The Claims Commission of Armenian Airlines LLC deals with the consideration of claims and making decisions on them.

Consideration and decision-making on claims is carried out on the basis of case materials, in accordance with the rules and recommendations established in international practice and civil aviation practice, the requirements of the legislation of the Republic of Armenia on the basis of taking into account the objective circumstances of the case.

The absence of a commercial act does not deprive the passenger of the right to file a claim or the right to a claim if it is proved that the representatives of the carrier or the airport refused to draw up a commercial act.

The claim and the claim are presented for each transportation document separately. In the absence of a written statement and/or claims sent within the above time limits, a claim against the carrier cannot be filed.

In case of rejection of the claim, all documents submitted by the applicant upon presentation of the claim are returned to the applicant together with the notification.

In case of partial satisfaction of the claim, the applicant is returned only those documents submitted by him that are not the basis for the payment of the satisfied part of the claim.

The carrier is obliged to review the claim within thirty days from the date of receipt of the claim and notify the person who submitted the claim about the satisfaction or rejection of the claim in writing or in the form of an electronic document signed with an electronic signature.

If the claim is rejected in whole or in part, or the response is not submitted within the prescribed period, the passenger has the right to file a lawsuit against Armenian Airlines LLC in court in accordance with the procedure provided for by the civil legislation of the Republic of Armenia and international treaties of the Republic of Armenia.

The limitation period for claims related to the loss, shortage or damage (damage) of baggage, as well as the delay in its delivery, begins from the day when the aircraft on which the baggage was transported should have arrived at the destination in accordance with the passenger air transportation agreement.