Regulation on the method and terms of settling the complaints
Chapter I. GENERAL PROVISIONS
1.1. This regulation shall determine the method and terms of settling the complaints addressed to AC “AIR MOLDOVA” L. L. C.
1.2. This regulation is drawn up in accordance with the provisions of:
- the Convention for the unification of certain rules related to International Air Transport, Montreal as of 27.05.1999;
- The Regulation on compensation and the help to passengers in case of refusal in landing, cancellation or long delay of flights approved by Government Decision of the Republic of Moldova no. 836 as of 08.11.2012 for approval.
1.3. This regulation uses the following definitions:
- Company — Air Company “AIR MOLDOVA” L. L. C. based in the Republic of Moldova, Chisinau mun., 80/2, Dacia bd., state identification number/fiscal code 1002600001718, providing air transport services.
- Passenger - any person, except crew members, who is, or is to be transported by an aircraft and who holds an electronic ticket .
- Complaint - the written expression of the passenger with reference to the services, contracted and/or quality of service in connection with the violation of a passenger’s right and the request to settle the situation, to which an answer or a resolution is expected.
- Contractual Terms the provisions contained in the Terms and conditions of transportation of the company, indicated in the Electronic Ticket, brought to the knowledge of the passenger when purchasing the ticket.
- Electronic Ticket - the itinerary inscribed by the company or on behalf of the company in the Electronic Coupons. It contains the name of the passenger, the route which he/she is going to travel, the number of the flight, the date, the fare, taxes, etc.
- Luggage identification tag - document issued for the identification of a luggage.
- Luggage - the personal belongings the passenger might need during the trip. Unless otherwise specified, this term includes both hand luggage and hold luggage.
- Hold luggage - the luggage that enters into the company's custody from the moment it is handed over until the final destination and for which an identification tag has been issued. The hold luggage includes any object that has been weighed, tagged and taken to the hold of the aircraft.
- Hand luggage - the luggage that passengers can take with them to the passenger cabin for which they are responsible.
- Processing of personal data any operation or series of operations, which is made on the personal data through automated means or non-automated means, such as the collection, recording, organization, storage, preservation, restoring, adaptation or alteration, withdrawal, consultation, use, disclosure by transmission, dissemination or otherwise, joining or combination, blocking, deletion or destruction.
METHOD OF SETTLING THE COMPLAINTS. BACKGROUND CONDITIONS
2.1. The complaint or referral shall be made in a personal capacity.
2.2. The complaint which does not contain the passenger identification data, shall be qualified by the company as anonymous and shall not be examined.
2.2. All complaints shall be filed in Romanian, Russian or English language.
2.3. The company has the right not to examine in substance the complaints that contain uncensored or offensive language, threats to the company's security, to the health and life of company's employees. These may be transmitted by the company to the competent legal bodies.
TERMS AND CONDITIONS FOR SETTLING THE COMPLAINTS WITH REGARD TO DENIED BOARDING, ONSET, CANCELLATION OR LONG DELAY OF A PARTICULAR FLIGHT
3.1. The Passengers who found that their rights were violated and have grounded reasons to file a complaint with regard to denied boarding, onset, cancellation or long delay of a particular flight, shall make a handwritten, or in electronic variant, complaint and to attach to it all the documents and other evidence necessary to examine the complaint.
3.2. The Complaint can be sent via mail to the following address 80/2 Dacia blvd, MD2026, Chisinau, Republic of Moldova, submitted at the chancellery of the company that is located at the same address, or to register on the official website of the company www.airmoldova.md.
3.3. The complaint must contain all relevant information (passenger's name and surname, address, contact number, booking number or flight ticket number, flight number and date, departure point and destination of the flight, as well as the reason for which the compensation was requested), and to attach all necessary documents and evidence.
3.4. The company is obliged to respond to the complaint within 42 calendar days from the date of its receipt, using one of the ways stipulated in Section. 3.2. of this Regulation.
3.5. In order to exclude any doubt, if the documents/evidence attached to the complaint and necessary for its examination are incomplete, the deadline for submitting the response to the complaint stipulated in Section. 3.4. shall start from the next day after the company receives the complete documents/evidence.
3.6. The Company shall carry out all necessary measures to resolve the complaints amicably (out-of-court) within the period stipulated in Section. 3.4., reason for which the passenger shall commit to respect the term of 42 calendar days before addressing the court, if he/she will not be satisfied with the solution proposed by the Company.
3.7. In case the Company examines the complaint and proposes the Passenger a the solution earlier than 42 calendar days and the solution is not be accepted by the Passenger, he/she shall be entitled to address the court of law before the expiry this term.
3.8. In case the passenger chooses to resort to legal assistance within the term of settlement of complaints amicably (out-of-court), provided in Section. 3.4. of this Regulation, the expenses incurred in this respect by the Passenger shall not be compensated by the Company in the process of settlement of the complaint amicably.
TERMS AND CONDITIONS FOR SETTLING THE COMPLAINTS ON THE LUGGAGE LOSS, DAMAGE AND/OR ITS DELAY
4.1. The Passengers who found that their rights were violated and have grounded reasons to file a complaint against the company with regard to the loss of luggage, its damage and/or its delay, shall make a handwritten, or in electronic variant, complaint and attach to it all the documents and other evidence necessary to examine the complaint.
4.2. The Complaint can be sent via mail to the following address 80/2 Dacia blvd, MD2026, Chisinau, Republic of Moldova, submitted at the chancellery of the company that is located at the same address, or to register on the official website of the company www.airmoldova.md.
4.3. The passenger who has detected any irregularity (loss/damage / theft from the luggage), before leaving the territory of the airport, is obliged to report immediately to The Lost & Found office, located in the luggage lane area of the airport, in order to draw up the report on the irregularity of the property called — PIR.
Note: PIR does is not a complaint, this is a document issued by the Company or handling company, used to identify the baggage.
4.4. Leaving the territory of the airport before filing at The Lost & Found office, located in the airport luggage lane area and drawing up the statement of findings, exempts the Company from the obligation to respond to the complaint addressed to the Company.
4.5. At the time of reporting any type of damage it is mandatory for the Passenger to request a copy of the report on irregularity found in its property - PIR, filled out by the employee of the Lost and Found department at the airport, with the details mentioned by the Passenger.
4.6. The complaint must contain all relevant information (name and surname of the Passenger, reservation number, date of flight number, point of departure and flight destination, reason for which the compensation was requested), and to attach all documents and evidence necessary for examination, PIR - report on irregularity of the property, which is a mandatory condition.
4.7. In case of damage of a registered luggage, the Passenger must submit a written complaint in one of the ways provided in Section. 4.2 of this Regulation within 7 calendar days from the date on which the luggage was made available to the passenger.
4.8. In case of delay of the registered luggage, the passenger must submit a written complaint within 21 calendar days from the date when the luggage was made available to the passenger.
4.9. The complaints on the damage and/or delay of the luggage shall be settled amicably (out-of-court) within the terms provided in Section. 4.6 and 4.7, reason for which the Passenger undertakes to comply with these terms before addressing the court of law, in case he/she is not satisfied with the solution proposed by the Company.
4.10. In case the passenger chooses to resort to legal assistance within the term of settlement of complaints amicably (out-of-court), provided in Section. 4.7 and 4.8 of this Regulation, the expenses incurred in this respect by the Passenger shall not be compensated by the Company in the process of settlement of the complaint amicably.
4.11. The Company does not undertake the responsibility and will not grant compensation in the following cases:
- for luggage stained by certain substances (wine, oil, food) and those that have suffered minor damages (scratches, ruptures on the stitch caused by excess weight, cipher, keys, damaged locks, defective side handles any accessories of the luggage);
- if the passenger does not file a PIR report upon arrival.
4.12. Acceptance of luggage by the owner of the Identification Label without a complaint at the time of handing it over is a sufficient evidence that the luggage has been given in good condition under the Transport Contract.
4.12. The complaints about loss of luggage shall be examined in accordance with the Convention for the unification of certain rules relating to international air transport, from Montreal as of 27.05.1999. The compensations shall be awarded for the losses proven and costs incurred in accordance with the provisions of the mentioned Convention.