Article 78. Unilateral termination of the passenger air transportation contract of the Law on the Use of the Airspace of the Republic of Kazakhstan and Aviation Activities
1. The passenger has the right to cancel the flight and receive back the fee paid for the carriage in the amount established by the air transportation agreement.
2. An air transportation contract may be terminated unilaterally at the airline's initiative in the following cases::
1) refusal of the passenger from the inspection established by Article 107 of this Law before the flight of the aircraft;
2) violations by the passenger of the Rules for the Carriage of Passengers, Baggage and Cargo by Air and (or) the passenger's actions that endanger the safety of the aircraft;
3) if the passenger is in a state of alcoholic, narcotic, or substance abuse intoxication, which may endanger the health of the passenger himself or the safety of persons and property on board the aircraft, as well as inconvenience to other passengers;
4) failure by passengers to fulfill their duties on board the aircraft provided for in Article 88 of this Law.
5) entering the passenger in the register of persons of the airline whose air transportation is restricted, except for the cases provided for in paragraph 6 of Article 78-1 of this Law.
The passenger's state of alcoholic, narcotic, and substance abuse intoxication is confirmed by a medical examination in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
It is not allowed to terminate the air transportation contract again on the airline's initiative for actions of a passenger for which the air transportation contract had already been terminated earlier on the carrier's initiative, as well as if the passenger was not included in the airline's register of persons whose air transportation is restricted in accordance with Article 78-1 of this Law.
3. In the event of termination of the passenger's air transportation contract, the transportation fee paid will be refunded in accordance with the procedure provided for in the air transportation contract, unless otherwise provided by this Law.
The Law of the Republic of Kazakhstan dated July 15, 2010 No. 339-IV.
This Law regulates public relations related to the use of the airspace of the Republic of Kazakhstan and aviation activities, and defines the procedure for the use of airspace and aviation activities in order to protect human life and health, the environment, the interests of the state, ensure the safety of aircraft flights and meet the needs of the economy of the Republic of Kazakhstan, individuals and legal entities in aviation services.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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