Commentaries: Art. 93

The air carrier is obliged at the request of the competent federal or cantonal authorities to provide immediate assistance to any passengers that it is carrying who are denied entry to the Schengen area.¹
The obligation to provide assistance covers:
1. the immediate transport of the person concerned from Switzerland to their country of origin, to the state issuing the travel documents or to another state where their admission is guaranteed;
2. the uncovered costs of the required attendance as well as the customary subsistence and care costs until departure from or entry into Switzerland.
If the air carrier is unable to provide evidence that it has fulfilled its duty of care, it must additionally bear:²
1. the uncovered subsistence and care costs that have been covered by the Confederation or the canton for a period of stay of up to six months, including the costs for detention under the law on foreign nationals;
2. the attendance costs;
3. the deportation costs.
Paragraph 3 does not apply if the person being transported has been granted entry to Switzerland in terms of Article 22 AsylA³. The Federal Council may provide for further exceptions, in particular for exceptional circumstances such as war or natural disasters.⁴
The Federal Council may stipulate a flat-rate charge based on the expected costs.
It may request security for the payment of costs.

Amended by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023;BBl 2013 2561). ↩
Amended by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023;BBl 2013 2561). ↩
SR 142.31 ↩
Amended by No I of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 12 Dec. 2008 (AS 2008 54075405Art. 2 let. c;BBl 2007 7937). ↩

Art. 93