Conditions of carriage
ARTICLE 1. DEFINITION
In the Conditions of carriage, the following terms express the meaning:
1.1. “We / us / our / ourselves” means Bamboo Airways Joint Stock Company (Bamboo Airways).
1.2. “Connecting flight” means a subsequent flight providing onward travel under the same Ticket, other type of Ticket or on a conjunction Ticket.
1.3. “Convention” means any of the following, as applicability:
1.3.1. The Convention for the Unification of Certain Rules Relating to International Carriage by Air signed in Warsaw on October 12th, 1929 (hereinafter referred to as the Warsaw Convention);
1.3.2. The Warsaw Convention which was amended in The Hague on September 28th, 1955 (hereinafter referred to as the amended Warsaw Convention in The Hague);
1.3.3. The Convention for the Unification of Certain Rules Relating to International Carriage by Air signed in Montreal on May 28th, 1999 (hereinafter referred to as Montreal Convention); and
1.3.4. Any other protocols, Conventions or legal documents shall be applicable.
1.4. “Authorised Agent” means a sales agent who has been appointed by us to represent us in the sale of air transportation over our services and, when authorised, over the services of other air carriers.
1.5. “Stopover” means a scheduled stopover on passenger’s journey, at a point between the place of departure and the place of destination.
1.6. “Agreed stopping points” means those places, except the point of departure and the point of final destination, set forth in the Ticket or shown in our timetables on passenger’s itinerary.
1.7. “Force Majeure” means unusual and unforeseeable circumstances beyond our or passenger’s control, the consequences of which could not be avoided even if all due resolutions have been exercised.
1.8. “Conditions of Contract” means those statements contained in or delivered with passenger’s paper or Electronic Ticket (Itinerary Receipt) which incorporates by reference from the Conditions of Carriage, and notice(s).
1.9. “Conditions of carriage” means this Conditions of Carriage or the Conditions of Carriage from other Carriers in the relevant cases; is an integral part of the contract of carriage by air which prescribes the carrier’s conditions for the carriage of Passengers, Baggage, cargo, mail, parcels and mail by air.
1.10 “Unit of account – SDR”, English is Special Drawing Right, a unit of account determined by the International Monetary Fund (IMF). This is an international unit of account based on the value of several major currencies. The unit values of the SDR change and are recalculated daily. These values are recognized by most commercial banks and reported periodically in major financial journals as well as on the IMF website (www.imf.org). The unit is converted to Vietnamese dong according to the official exchange rate announced by the State Bank of Vietnam at the time of payment.
1.11. “Air fares” means our fares and expenses are published on the Website or in writing including applicable terms and conditions.
1.12. “Other carrier(s)” means any carriers apart from Us. These carriers’ codes are printed on the Passenger’s Ticket or Conjunction Ticket.
1.13. “Passenger” means any individual apart from members of the operating crew, who are carried or to be carried on an aircraft with Our consent.
1.14. “Baggage” means items, personal belongings accompanying with Passengers which are carried and used during their trip. Unless ruled difference, it is defined as both the Checked and Hand baggage.
1.15. “Checked Baggage” means Baggage that we take sole custody and issue a Baggage Tag.
1.16. “Hand baggage” means any Passenger’s belongings apart from Checked baggage, including all items which are brought on board and solely in his/ her custody during flights.
1.17. “ICAO”, English is International Civil Aviation Organization.
1.18. “IATA”, English is International Air Transport Association.
1.19. “Flight schedule”means information including departure location, destination, expected time of departure and estimated time of arrival.
1.20. “Airline Code” means two or three letters which identify particular air carriers.
1.21. “Booking code” is a code which is recorded in our reservation system, and issued to a passenger for confirming the reservation on his/ her flight.
1.22. “Day” means calendar day, including all seven days of a week.
1.23. “Authority” means governmental, specialised agencies or authorised organizations/ individuals.
1.24. “Our Regulations” means rules apart from the Conditions of Carriage and Tariffs published on our website and in effect on the date of the commencement of carriage, governing the carriage of Passenger and Baggage.
1.25. “Baggage tag” means a document We issue to Passengers to identify their Checked Baggage.
1.26. “Damage” includes death or injury, or any bodily injury that a passenger has suffered, caused by an accident on aircraft or during any of the operations of embarking or disembarking. It also means damage sustained in the event of the destruction or the total or partial loss of or damage to Baggage which occurs during carriage by air. In addition, it means the Damage occasioned by delay in the carriage by air for Passengers or Baggage and other damages as determined by law (if any).
1.27. “Check-in deadline” means the time limit provided by Carrier by which a Passenger must complete check-in and receive his/ her boarding pass.
1.28. “Call Center”means Our Customer Service Center published at our website and mobile application
1.29. “Passenger Coupon” or “Passenger Receipt” means a part of a Ticket issued by us or Authorised Agent, which is to be retained by him/ her.
1.30. “Itinerary Receipt” (or itinerary confirmation) means a document or a set of documents issued by us or Authorised Agents as an e-Ticket to a Passenger that contains Passenger’s name, flight information and other notices.
1.31. Carriage Coupon is the part of a Ticket noted “for travel” (English is “Good for passage”); or e-ticket in the case of using an Electronic Ticket. Carriage sheet indicating particular points that Passenger is entitled to be Carriage between those points.
1.32. “Our website and mobile app” means e-commerce website bambooairways.com, and mobile app owned by Bamboo Airways.
1.33. “Ticket” means an electronic Confirmation of itinerary provided and sent by Us or Our authorized agent to a passenger via email address registered in the process of booking including Passenger’s name, booking code, flight information and other information regarding the journey.
1.34. “Connecting Ticket” means a Ticket issued to a Passenger accompanying with one or many other Tickets constitute a single contract of carriage.
1.35. “Baggage Ticket” means a part of a Ticket relating to the carriage of Passenger’s Checked Baggage.
ARTICLE 2. APPLICABILITY
2.1. The Conditions of carriage apply to all our carriage services stated on Ticket, unless our regulations are different from other related contracts, licenses and Tickets.
2.2. The Conditions and our Regulations are subject to change anytime upon governmental authorities’ acceptance; such changes for the conditions of carriage and our regulations shall be published at our website and mobile application.
2.3. The official language of the conditions of carriage is Vietnamese. In the event of translating it in other languages, the Vietnamese version shall prevail and be used to explain the articles of the conditions of carriage.
2.4. Conditions of carriage prevail over regulations: Unless it is stated in the Conditions of Carriage, in the event of inconsistency between the Conditions of Carriage and any other regulations we may have for processing particular subjects, the Conditions shall prevail.
2.5. Charter flights: If carriage is performed pursuant to a charter agreement. The Conditions of Carriage are applied only to the extent that are incorporated by reference or indicated on Ticket or other agreements with Passengers.
2.6. Code shares: On some flights we may have arrangements with other carriers known as “Code Shares”. This means that even if he/ she has a reservation with us and hold a Ticket on which our name or Airline Designator Code is indicated as the Carrier, but another carrier shall operate the aircraft. If such arrangements are applied, we shall advise him/ her of name of other carriers operating the aircraft prior to the purchase of a ticket, and in all notices of ticket confirmations.
2.7. Carriage to/from Canada and to/from The United States of America
2.7.1. The conditions apply to carriage between places within Canada or between a place in Canada and any place outside of Canada thereof only to the extent they are incorporated in tariffs in effect in Canada.
2.7.2. The conditions apply to carriage to, from or via the United States of America (U.).
2.8. Applicable law
The applicable law of the Conditions of Carriage is Vietnam’s law. For international carriage covered by the Convention, the provisions of the Convention shall be applied.
In the event that any provision of the conditions contained or referred to herein is contrary to the provisions of Vietnam’s law or the Convention’s provisions, the provisions of Vietnam’s law or the Convention’s provisions shall prevail.
ARTICLE 3. TICKET OR THE ITINERARY CONFIRMATION
3.1. Principal evidence of carriage contract: Ticket is the evidence of the Contract of carriage between Passenger and Us.
Requirements for Ticket: In the case of an Electronic Ticket, passenger shall be entitled to be carried on a flight if he/ she provides valid identity document and a valid Electronic Ticket issued in his/ her name and delivered to him/ her.
3.2. Ticket transference: Ticket is only transferrable in accordance with conditions of Ticket and the published Tariff on our website at the time of transference.
3.3. Validity of ticket: Ticket is valid only to Passengers whose names and travel dates, flights are clearly stated on the Ticket.
3.3.1. Except for other regulations stated on Ticket, in the Conditions of Carriage or in fare condition (regarding a limitation on the validity of Ticket, in the case such limitation shall be indicated on Ticket), the Ticket is valid:
126.96.36.199. Within 01 year from the date of issuing Ticket; or
188.8.131.52. 01 year from the date of the first departure indicated on Ticket provided that the Ticket has been partially used and the date of this departure is within one year from the date of issuing the Ticket.
3.3.2. When Passenger is unable to take a journey within the validity period of the Ticket because at the time of his/ her request for the reservation we are unable to confirm the seat for him/ her, the validity of the Ticket shall be extended or he/ she may be refunded according to the provisions of Article 15.
3.3.3. If after having commenced passenger’s first segment, he/ she is prevented from travelling within a period of validity of the Ticket by reason of illness, we may extend a period of validity of his/ her Ticket until the time his/ her health is proven to fit for travelling or until our first flight after the time of fitting his/ her health, from the point where his/ her journey is resumed upon availability in the cabin class that he/ she has paid. Such illness must be attested to by a proper certificate of a competent medical authority. When the flight Coupon remain in the Ticket involving one or many Stopovers, the validity of such Ticket may be extended for not more than three months from the date shown on such certificate. In such circumstances, we may extend accordingly the period of validity for Tickets of his/ her family members (parents, siblings, wife, husband, children) accompanying him/ her.
3.3.4. In the event of death of a Passenger on route, the Tickets of the persons accompanying the Passenger may be modified by waiving any restriction and extending the validity. In the event of death of a Passenger’s family member who has commenced his/ her travel, the validity of the Passenger’s Ticket and those of his or her family who accompanied the Passenger may be modified. Any such modification shall be made upon receipt of a valid death certificate and any such extension of validity shall not be longer than forty-five (45) Days from the date of death.
3.4. Order of carriage coupons:
3.4.1. The Ticket passenger has purchased is valid only for carriage shown on the Ticket, from point of departure via any Agreed Stopovers to the final destination. The fare he/ she has paid is based upon our Tariff and calculated on the basis of an entire journey shown on the Ticket in line with the fare frame prescribed by the Ministry of Transport and fares that we have declared and/or notified to the Ministry of Transport. It forms an essential part of our carriage contract with him/ her. The Ticket shall not be accepted and lost its validity if the Coupons (or flights mentioned in the Ticket) are not used in the sequence stated in the Ticket.
3.4.2. Should passenger need to change any aspect of his/ her transportation, he/ she must contact us in advance. The price that he/ she must pay for the new carriage shall be calculated and he/ she may choose to either apply the new fare or maintain the original carriage as mentioned on the Ticket. Should he/ she be required to change any aspect of his/ her transportation due to Force Majeure, he/ she must contact us as soon as practicable and we shall use reasonable efforts to transport him/ her to his/ her next Stopover or final destination, without recalculation of the fare.
3.4.3. If the Passenger does not use correct order stated on the ticket without our prior consent, We shall apply a new fare (if any) at the time of change with the corresponding fare conditions in accordance with the Passenger’s new journey in practice. he/ she shall be required to pay the difference between paid fare and the total fare applicable to the new journey.
3.4.4. Please note that there are some changes that do not lead to a change in fare, but there are also other changes such as rebooking flight date, service class, flight segment in the itinerary that may result in a fare increase. Many fares are only valid for the date and flight indicated on the Ticket and are completely unchangeable, may be nonrefundable, or may only be changed if he/ she pays extra. He/ She can contact Us or Ticketing Agents to get information of the increased rate for the modification.
3.4.5. Please be advised that in the event that passenger does not show up for any flight without advising us in advance, we may cancel his/ her return or onward reservations. However, if he/ she does advise us in advance, we shall not cancel his/ her subsequent flight reservations.
ARTICLE 4. FARES, TAXES, FEES AND CHARGES
4.1. Fares and surcharges: means the applicable fares to carriage from the airport at the point of origin to the point of final destination published at our website and mobile application. Fares don’t include any fees for ground services at the airport or transportation fee from the airport to the city. The fare is calculated at the time of paying for the Ticket of Passenger journey on a specific date and flight schedule stated on the ticket. Modification of itinerary or date of travel as requested may lead to change applicable fare and surcharge.
4.2. Taxes, Fees and Charges: Passenger must pay all taxes, fees, charges imposed on him/ her ruled by the Government or other authorized organizations, or the airport operators, or Us or other Carriers. He/ she shall be notified about the taxes, fees, charges and surcharges at the time of purchasing Tickets; most of the information are normally shown separately on the Ticket. On flights to, from or via the U.S. the fare quoted or advertised will include the entire price to be paid by the Passenger, including all taxes, fees and charges.
4.3. Payment for Fares, Taxes, Fees and Charges: We reserve the right to refuse or not to be responsible to carry Passenger or his/ her Baggage, in the event that the applicable fare, any payable tax, fee or charge have not been fully paid.
4.4. Currency: Fares, taxes, fees and payable charges are required to pay by the currency of the country in which the Ticket is issued, unless another currency is indicated by us or our Authorised Agents at or before the payment time being settle pursuant to applicable law (for example, due to non-convertibility of the local currency).
ARTICLE 5. STOPOVER
5.1. Stopovers may be permitted at Agreed Stopovers subject to relevant authorities’ requirements and the Stopovers are stated on Ticket or Itinerary coupon or Carriage coupon.
5.2. Stopovers must be arranged with Carrier(s) in advance and specified on Ticket.
ARTICLE 6. RESERVATIONS
6.1. Reservation conditions: We or our Authorised Agents shall record passenger’s reservation(s). Upon his/ her request, we shall provide him/ her with written confirmation of his/ her reservation(s). Subject to fare conditions published at our website and mobile application at the time of booking and settling payment, Users are required to pay full fare at the time of ticket purchase. Some fare types have a condition that limits or does not allow passenger to modify or cancel a reserved seat. He/ she needs to check the applicable conditions of the fare that he/ she has selected and we are not responsible for any errors caused by him/ her.
6.2. Ticketing time limits: If passenger fails to pay for ticket before the ticketing time limit as notified by Us or our Designated Agents. We reserve the right to cancel his/ her reserved seat.
Passenger’s reservation is not confirmed until (1) the ticket has been duly created in our database; and (2) he/ she has paid for his/ her ticket (or has made a credit arrangement with Us) within the ticketing time limit set out in the Conditions of Carriage and/or Our Rules. We may cancel any reservation which does not comply with any of the above requirements.
6.4. Pre-reserve seat: At the time of booking Ticket or at least 03 hours before departure time, Passenger can pre-reserve his/ her seat on the basis of paying a seat selection fee. Seat selection fees are published specifically in our Fee Schedule. We shall make our best to secure the seat he/ she has selected. However, due to safety or security reasons, we still reserve the right to rearrange his/ her seat, even if he/ she has been on board.
6.5. Seating: we shall try to arrange a seat at passenger’s request in advance when he/ she checks-in for his/ her flight (in-person process procedures at the check-in counter, online check-in or our other procedures of check-in). However, We do not guarantee any specific seat on the aircraft. We reserve the right to allocate or re-allocate his/ her seat at any time, even if he/ she has been on board for safety as determined by the Authority, for security and health reasons, We shall allocate reasonable seat for him/ her who need assistance in accordance with the law. On flights to, from or via the U.S., a passenger may be reseated in the same class of service as indicated on his/her ticket or in a different class. In the event We are unable to reseat a passenger in the same class of service or better, We will provide him/her with a refund of the fare difference between the original class of service and the actual class of service. If you are unwilling to be reseated in another class of service, you can refuse to travel and receive a full refund in which case We will have no further liability to you .
6.6. Special services: We shall try to provide special services as requested by Passenger at the time of reservation depending on our availability. We shall inform him/ her in the event that we are unable to provide special services as requested. Special services Request shall be confirmed immediately or after our verification of carriage conditions or after passenger’s completion of procedures under conditions of carriage. If passenger requires special services at the airport, we shall check conditions and inform him/ her of our availability for service. In the event that we are unable to supply such previously requested service, We shall not be liable to him/ her for loss, expense.
6.6.1. If he/ she is a passenger with disability and he/ she requires any special assistance he/ she should inform us at least 24 hours before scheduled departure time so that we can pre-arrange special support equipment upon request. We shall carry him/ her if we can arrange the necessary conditions to meet his/ her special needs. If he/ she does not notify us in advance when special services are required, we shall endeavor but do not guarantee to provide him/ her with special requirements.
6.6.2. On flights to, from or via the U.S., in general, advance notice for passengers with disabilities to request special assistance in connection with a flight is not required. However, advance notice is required for disabled passengers (i) needing carrier-supplied in-flight medical oxygen; (ii) using a ventilator, respirator, CPAP or POC; (iii) needing an incubator; (iv) needing connection to the aircraft electrical system for a respirator, ventilator, CPAP or POC; (v) needing to travel in a stretcher; (vi) needing hazardous materials packaging for batteries for assistive devices; (vii) needing accommodation for a group of ten or more qualified individuals with a disability who make reservations and travel as a group; (viii) needing transportation of a service dog on a flight scheduled to last eight hours or more; (ix) needing transportation of a passenger with both a severe vision and hearing impairment) (72 hours advance notice required for (i), 48 hours advance notice required for (ii) through (ix)).
6.6.3. We may require that passenger travels with an escort if it is essential for the safety of the flight or if he/ she is unable to evacuate himself/ herself from the aircraft or he/ she is unable to understand safety instructions. The escort traveling with the Passenger who cannot evacuate by themselves must be at least 18 years old physically fit to assist him/ her in evacuation.
6.6.4. We reserve the right to cease accepting passengers who must travel on a stretcher on any our flight.
6.6.5. Passenger may be charged a service fee for some of our special services. Service fees are published at our website and mobile application or announced at our Ticket Offices or through our Customer Service Center and confirmed by us at the time of booking. On flights to, from or via the U.S., We will not impose charges or fees for providing facilities, equipment or services for passengers with disabilities required by 14 CFR Part 382.
6.6.6. Acceptance of carriage of unaccompanied children, disabled, ailing Passengers, pregnant women or other Passengers requiring special assistance may be subject to prior arrangement with us and comply with the regulations on carriage published at our website and mobile application or announced at our Ticket Offices or via our Customer Service Center.
6.6.7. Passenger may be required to confirm a reservation for the next segments of the journey within a certain period of time. We shall notify Passenger of requesting reservation confirmation, how and where to confirm their bookings. If Passenger fails to confirm their booking upon request, we reserve the right to cancel his/ her next segments of the journey. In the event that his/ her booking for onward segments has been cancelled, he/ she must notify us that he/ she still wishes to travel on the flight on which his/ her reservation has been cancelled, we shall endeavor to reinstate reservation and carry him/ her to the next or final point of his/ her He/ she may have to pay a surcharge in this case. Surcharges are published at our Website and Mobile Application or announced at our Ticket Offices or via our Customer Service Center and confirmed by us at the time of arising.
6.6.8. In the event that Passenger has return flight tickets or has 2 or more flight segments in the same ticket code but do not participate in departing route and still want to take the return segment or the next segments, he/ she must inform us at the latest within 30 minutes after the departure time of departing segment. If we do not receive the information and/or the Passenger notify later than 30 minutes after the departure time of the segment, we shall be able to cancel the reservation for the remaining segments.
ARTICLE 7. CHECK-IN AND BOARDING PROCEDURES
7.1. Check-in: Passenger must be present at the check-in counter and the boarding gate within specified time to ensure the completion of all essential procedures before the departure of the aircraft. We reserve the right to cancel his/ her reservation if he/ she does not comply with the Check-in Deadlines. Passengers should be aware of the Check-in Deadlines. We open the check-in counter before the scheduled departure time (i) 02 hours for domestic flight; (ii) 03 hours for international flights departing from Vietnam and (iii) 02 to 04 hours for international flights originating outside of Vietnam. Counter closing time (end of accepting Passengers) for domestic flights is 40 minutes before scheduled departure time, for international flights is 50 minutes before scheduled departure time. Check-in counter opening and closing times are subject to change depending on the airport and specific flights and shall be publicly announced at our website and mobile application or communicated to him/ her at the time of purchasing Tickets.
7.2. Passenger must be present at the boarding gate not later than the time specified on their boarding pass.
7.3. Requirements for boarding procedures: Passengers must present their identity documents as regulations published at our website and mobile application and provide the ticket number, itinerary/ receipt, the booking code upon check-in procedures. In case of identity papers required to verify passengers are not available at the time of check-in, We reserve the right to cancel their reservations.
7.4. Self check-in: Subject to practice, we can provide self check-in facilities. The specific conditions and guidelines for this facility are publicly available at our Website and Mobile Application and are subject to change from time to time without prior notice. For international flights, self check-in Passengers are required to be present at the counter during check-in for the flight and present us with the required identity documents.
7.5. We are not liable for any damage or cost incurred by passenger who do not comply with the provisions of the Article 7.
7.6.1.Passenger must be present at the boarding gate not later than the time specified on his/ her boarding pass. We close the boarding gate 15 (fifteen) minutes before the scheduled departure time. We reserve the right to refuse carriage and cancel his/ her seat if he/ she is not present at the departure gate at the time of closing boarding gate.
7.6.2. If we are unable to arrange for passenger to carry his/ her hand baggage on board, we may ask him/ her to check-in his/ her In this case, he/ she shall not be charged for Checked Baggage.
7.7. Absence: If Passengers fail to check-in on time, or fail to board the aircraft before the boarding closing time, Passengers’s Tickets may or may not be refunded depending on the conditions of fare class that Passengers have purchased.
7.8. We are not responsible in any form caused by Passenger: (i) Do not have the necessary documents such as passports, visas, health certificates and other documents, or (ii) have expired or invalid passports, visas, health certificates and other documents, or (iii) failure to comply with laws, regulations, ordinances, requirements, regulations and instructions.
7.9. Personal identity document: Before departure, passenger must present to us all travel documents as prescribed by the law, regulations, requirements or conditions of the related countries, including passports, visas, migration certificates and other documents. At our request, he/ she must allow us to make a copy of their passports or other equivalent identity documents. The documents shall be handed to the crew member for storage until the end of the flight. We reserve the right to refuse carriage if he/ she does not comply with the requirements or their identity documents appear invalid signal.
7.10. Refusal of entry: Passenger shall be liable for carriage fares or penalties or fees by orders of any government or immigration agency to return the Passenger to the point of origin or to another location, because he/ she is not permitted to enter a certain country, regardless of transit point or destination. In that case, we do not refund his/ her In some cases that we have reasonable base to believe that a Passenger is likely to be refused entry or transit, we shall require him/ her to pay a deposit at the airport of departure. The deposit shall be used to pay the actual expenses incurred due to him/ her being refused entering or transiting such as the fare for the return flight ticket, the cost of the Authority’s penalty and related fees are different. We shall refund the deposit if the country or territory the Passenger fly to or through accepts him/ her for entry or transit.
7.11. Passenger’s responsibility for fines, detention costs: If we are required to pay or deposit any fine or penalty or to incur any expenditure by demands of competent authority due to passenger’s failure to comply with laws, regulations, orders, or other travel requirements in the countries of departure or transit or to present the necessary documents. He/ she shall reimburse us, any amount we paid or shall pay. We may apply toward such payment or expenditure with the value of any unused carriage on his/ her Ticket, or any amount that we have to pay on behalf of Passenger after notifying him/ her 07 (seven) Days in advance accompanied by documents proving Passenger’s liability.
7.12. Customs inspection: If required, Passenger shall attend inspection of his/ her Baggage, by customs or other government officials. We are not liable to him/ her for any loss or damage that he/ she caused during inspection or due to his/ her failure to comply with the requirement except for our fault.
7.13. Security inspection: Passenger must comply with any security or health check from us or authorities, airport staff.
7.14. Disclaimer: We shall not be liable to passenger for any Damage or expense incurred as a result of his/ her failure to comply with the provisions of this Article except for our fault.
ARTICLE 8. BAGGAGE
8.1. Hand baggage:
8.1.1. Hand baggage carried on board must meet regulations on quantity and dimensions published at our Website and Mobile Application. If a Passenger’s Hand Baggage is of an excess in quantity, dimension or weight, or for reasons of safety or stowability in the cabin of an aircraft, such Baggage must be carried as checked Baggage.
8.1.2. Items are not suitable for carriage in the cargo compartment (e.g. musical instruments) according to the regulations published at our Website and Mobile Application and do not meet the requirements mentioned in the Article 8.1.1 only accepted for carriage in the cabin of an aircraft if the Passenger has given us prior notice and get our consent. Fee for carriage of such Baggage shall be calculated separately.
8.2. Checked baggage:
8.2.1. We are responsible for custody and issuing Baggage Tag for every piece of Passenger’s Checked Baggage when the Baggage is checked-in and delivered to Us. Checked Baggage must include the Passenger’s name or be affixed with a personally identified mark.
8.2.2. Checked Baggage is carried-on the same flight with Passenger. If We find that for safety or security reasons such carriage is not possible, We shall carry such Baggage on another flight. In this case, the Checked Baggage shall be transported and returned to him/ her provided that he/ she must clear the customs in accordance with applicable laws.
8.2.3. The maximum weight of any piece of Checked Baggage is 32kg (70lb) and the maximum three-dimensional size of any piece of it is 203cm. Passenger on each flight is allowed up to three (03) pieces of Checked Baggage for Business Class tickets and two (02) pieces of Checked Baggage for Economy Class tickets, with packaging requirements specified above. In all circumstances, the total weight of all checked baggage shall not exceed baggage allowance of the purchased ticket class.
8.2.4. If the weight and/or the number of pieces of Baggage exceed conditions stated in Article 8.2.3, passenger shall re-package to meet requirements. We only accept baggage with packaging that meets requirements. To specify, additional purchase of checked baggage is only accepted depending on each flight’s status and/or each specific customer situation and is entirely determined by Bamboo Airways. In any event, we shall not be liable for damage(s) resulting from noncompliance of packaging requirements and/or amount of checked baggage regulated in these Conditions of Carriage, including but not limited
8.3. Allowance baggage
8.3.1. Allowance baggage is the weight of baggage that Passenger is entitled to carry without charge. Allowance baggage is subject to each fare class, airport or destination according to our regulations and indicated on Ticket.
8.3.2. Allowance baggage is subject to the conditions and limitations as published at our Website and Mobile Application or announced at our Ticket Offices or via our Call Center.
8.4. Excess baggage
8.4.1. Passengers may purchase pieces of Checked Baggage depending on our applicable policy published from time to time at our Website and Mobile Application or announced at our Ticket Offices or via Call Center.
8.4.2. Weight and number of pieces of allowed baggage are based on conditions of Ticket as well as the class of service purchased by Passenger. Checked baggage with amount exceeding Checked baggage allowance and/or purchased Checked baggage shall be accepted depending on each flight’s status and/or each specific customer situation and is entirely determined by Bamboo Airways.
8.4.3. Baggage Fees are non-refundable and non-transferable.
8.5. Special Items: Some baggages which are not suitable for check-in, or private needs, shall be allowed on board. Such items can be placed in the overhead compartment or under seat. If the items cannot be placed at the above points, we shall consider 01 (one) baggage occupying a seat in the passenger cabin and charge for an extra seat. Special items include: Baby bassinet, wheelchair, crutches, prosthetic device, medical equipment, necessary medicine for Passengers (with a license from a competent medical authority), sculptures, musical instruments.
8.6. Seat occupied baggage:
Any Baggage occupying extra seat shall requirement payment of a fee and be considered “cabin baggage”, such as vase, sculpture, musical instrument, fragile item or valuable goods. Cabin baggage must comply with regulations published at our Website and Mobile Application.
8.7. Some notes in the process of transporting Baggage or items in Baggage:
8.7.1. Passenger is not allowed to carry the following items in Baggage, including as Checked Baggage or Hand Baggage:
184.108.40.206. Items are not considered Baggage as defined in Article 1;
220.127.116.11. Items may endanger the aircraft, passengers or properties on board indicated in the ICAO Technical Guidelines for Safe Transport of Dangerous Goods and/or Regulations on Dangerous Goods of International Air Transport Association (IATA) and Our Regulations;
18.104.22.168. Prohibited items pursuant to applicable laws, regulations or orders of any country and territory that the aircraft flown to/ from/ through and transit;
22.214.171.124. Dangerous items prohibited to carry on board, in baggage on board, dangerous items prohibited to bring into restricted areas, on board according to regulations of the Authorities published at our website and mobile application;
8.7.2. Restricted items are accepted as Baggage:
126.96.36.199. Items are restricted to carry on board, to put in baggage on board according to regulations of the Authorities are published at our website and mobile application;
188.8.131.52. Weapons, ammunition, support tools are prohibited except for authorization of competent authorities; if explosives; flammable substances; items that can be used as an offensive weapon and other dangerous substances are accepted for carriage only as Checked Baggage in accordance with regulations published at our website and mobile application. Ammunition must be removed from gun to ensure safe transportation. Ammunition must be kept in cartridges, magazines or packed in accordance with regulations. Carriage of weapons, ammunition and support tools must comply with all relevant airport authorities, ICAO, IATA and our regulations published at our website and mobile application;
184.108.40.206. Passenger is prohibited to check in fragile items, perishable goods (fresh goods, perishable food, etc.), artworks, camcorders, cameras, money, jewelry, precious metals, gems, computers, electronic devices, valuable papers that can be converted into money, securities, negotiation documents, contracts, business documents, prototype, identity documents, precious and/or other valuable items in Checked Baggage;
220.127.116.11. We are not responsible for any damage if he/ she leaves the items indicated in clause 18.104.22.168 in his/her Checked Baggage whether we are aware of it or not, except for itineraries covered by the Convention in which case Checked Baggage items will be subject to the liability limits set forth in the Convention
8.8. Baggage policy for interline passengers (Interline) The right to refuse carriage
8.8.1. We may refuse to carry baggage including the items mentioned in clause 8.7 and may also refuse to continue carriage of the baggage if we discover such items in the baggage.
8.8.2. We may refuse to carry baggage with inappropriate shape and/or size and/or weight and cannot be split into smaller pieces to meet regulations on hand baggage and/or checked baggage published at our website and mobile application or Baggage are flammable and explosive which is not safe for operation in accordance with applicable law.
8.8.3. For safety, security or operational reasons (for example: an operating aircraft has no ventilation system to ensure carriage of live animal, a long-haul route does not guarantee the viability of animal), we may refuse to carry any baggage or object, including baggages not featuring passenger’s possession and Baggage featuring a part of passenger’s possession. We are not responsible for any damage or bother that passenger suffered due to the refusal of carriage.
8.8.4. If passenger has no arrangement in advance with us, we may refuse to carry his/ her excessive baggage on subsequent flights, even if he/ she pays a fee for its excess after we have notified him/ her.
8.8.5. We may refuse checked baggage if it is not packed or contained in proper suitcases or bags, boxes to ensure safety during transportation and handling.
8.8.6. We and our representatives do not directly send baggage to other Carriers that we have no agreement for interline carriage. Therefore, if he/ she intends to travel on another Carrier’s flight to an airport to connect to our flight, or to travel on our flight to an airport to connect to another Carrier’s flight, Passenger must check and determine in advance whether we have signed an interline agreement with that Carrier or not. In the event that we are not in an interline agreement of carriage with them, it is Passenger’s responsibility to collect his/ her baggage, re-check-in his/ her baggage and receive a baggage tag for a next flight. In such circumstances, we shall not be liable for any damage to him/ her and his/ her baggage except for our fault.
8.9. Right of inspection
8.9.1. We reserve the right to ask passenger’s permission to check the security of him/ her as well as his/ her baggage. If he/ she is absent as requested, we can still conduct a check of the baggage for verifying whether he/ she is carrying or his/ her baggage contains the items indicated in Clause 8.7 or not. If he/ she does not consent for inspection, we may refuse to transport him/ her or the baggage. In the event that the inspection causes damage to him/ her or his/her baggage such as effects caused by security scanning machine, we shall not be liable for such loss and/or damage unless such loss and damage is caused by our fault.
8.9.2. We are not liable for items accompanying passenger or in his/ her baggage that are seized by the authorities in accordance with international regulations or by local authorities, even if these items are subsequently detained or destroyed.
8.10. Collection and delivery of baggage
8.10.1. Passenger is required to collect his/ her checked baggage as soon as it is available at his/ her destination or Stopover after the end of the flight. Should he/ she not collect it within a reasonable time (maximum of 3 days), and we have to store the baggage we may charge a storage fee. Should his/ her checked baggage not be claimed within three (3) months from the time it is arrival and available, we are able to dispose of such baggage without liability to him/ her for it. For perishable baggage, it can be liquidated before regulated deadline.
8.10.2. For the one named on baggage tag who only has the right to receive baggage.
8.10.3. If Passenger requests to receive baggage without possibility to provide baggage tag, we only deliver the baggage to him/ her provided that he/ she proves his/her title to it. The information and documents we review to confirm ownership of baggage including: Passenger name, flight number, flight date, baggage tag number, piece of baggage number.
8.10.4. Receipt of passenger’s baggage at the baggage claim area of the arrival airport without complaint at the time of collecting it as sufficient evidence that the baggage has been delivered intactly and in accordance with contract of carriage.
We do not offer the carriage of animals, even as checked baggage and/or hand baggage, except for service animals required by U.S. regulations pertaining to the transportation of disabled passengers.
ARTICLE 9. REFUSAL OF AND LIMITATION ON CARRIAGE
9.1. Cases of carriage refusal: we may refuse to carry any passenger as well as any of his/her baggage (even if he/ she possesses a valid ticket or boarding pass) if we are aware of that:
9.1.1. Such action is necessary for safety and security reasons; or
9.1.2. Such action is necessary for compliance with applicable laws, regulations, directives or orders of any country or territory in which the aircraft is flown from/ to/ through or in transit; or
9.1.3. Passenger refuse to comply with security and flight safety instructions or commit acts of disturbing public order, threatening flight safety or affecting the lives, health and properties of others; or
9.1.4. Passenger in intoxication of wine, beer or other stimulants without controlling his/ her behavior; or
9.1.5. Passenger have ever committed acts violating the provisions of the civil aviation law and been in the list of restricted air transport by a competent authority; or
9.1.6. Passenger has exposed inappropriate behavior on a previous flight and the behavior is likely to be repeated; or
9.1.7. Passenger has not consented to security inspection on himself/ herself or his/ her baggage, or he/ she has consented to security inspection on himself/ herself or his/ her baggage but has not satisfactorily answered the security questions at the check-in counter or at the aircraft exit, or he/ she fails to pass the security analysis/ assessment of his/ her document, or he/ she forges or removes any security inspection stamp/ label on baggage or boarding pass; or
9.1.8. Passenger fails to comply with, or engage in behaviors indicating the likelihood of non-compliance with our instructions; or
9.1.9. Passenger has not fully paid fare, taxes, fees and charges to us in accordance with regulations; or
9.1.10. Passenger refuses to provide us with his/ her necessary information to offer air transportation services and/or information required by authorities; or
9.1.11. Passenger has no valid identity document or we have sufficient evidence to prove that he/ she has been refused entry by the country of destination; or
9.1.12. Passenger’s booking has been reserved by committing fraud, or our unauthorized Agents.
9.1.13. Passenger has paid by the credit card being reported as loss, steal or fraud; or
9.1.14. Passenger’s itinerary confirmation or ticket is forged or fraudulent; or
9.1.15. The itinerary confirmation is modified or added without approval from us or our authorized agents (in which case we reserve the right to recall the above documents); or
9.1.16. At the request of competent authorities; or
9.1.17. If passenger refuses to pay a deposit as our requirement at the airport of departure mentioned in section 7.10; or
9.1.18. Except on flights to, from or via the U.S., passenger’s conduct, age or mental state and health: (i) requires special assistance from us in accordance with section 6.6 or (ii) due to his/ her medical condition, we perceive that carriage or onward carriage shall be harmful to him/ her, the others in the aircraft or endanger the flight; or (iii) ; or (iv) failure to comply with regulations on aviation safety, security, and air transportation operations; or (v) acts causing disturb public order, threaten flight safety or affect the other lives, health or properties; or (vi) in intoxication of wine, beer or other stimulants without controlling his/ her behavior or (vii) due to security reasons as prescribed in the Law on Civil Aviation of Vietnam; or (viii) at the request of competent authorities. On flights to, from or via the U.S., We will comply with 14 CFR Part 382.
9.2. Refusal of carriage or force passenger to disembark from the aircraft
9.2.1. In order to ensure flight security and safety, we reserve the right to refuse to carry passenger or destroy the unused part of his/ her ticket in the following cases: (i) he/ she causes disturbance; or (ii) he/ she loses control of his/ her behavior; or (iii) based on his/ her physical and mental condition that we perceive it to affect his/ her safety and life; or (iv) he/ she is refused entry; or (v) he/ she fails to comply with regulations and instructions of aviation staff at airports, aerodrome or on board; or (vi) he/ she causes disorderly conduct at the airport, aerodrome or on board; or (vii) he/ she is deported without an escort; or (viii) he/ she spreads or provides false information that threatens safety and security of the airport, aerodrome, the aircraft in flight or on the ground; or (ix) at the request of the Vietnamese or foreign aviation authorities.
9.2.2. In the above cases, We also reserve the right to announce flight ban either in a limited time or indefinite period to passenger on all flights operated by u The notice of flight ban also prohibit him/ her to purchase ticket or to ask or to permit the others for purchasing ticket on behalf of him/ her. If he/ she attempts to use our transportation service while the flight ban is still in effect, we shall refuse to carry him/ her.
9.3. Liability in case of refusal of carriage
9.3.1. We are not liable for any damage or loss incurred due to passenger’s refusal or unacceptance of carriage in accordance with the above provisions 9.1 and 9.2.
9.3.2. We, In contrary, reserve the right to claim compensation from passenger for the costs associated with a complaint or loss, including costs resulting from a flight diversion due to his/ her manner, behavior or state referred to the above provision 9.2.1 and the consequences of refusing carriage or unaccepting further carriage.
ARTICLE 10. FLIGHT SCHEDULE AND SCHEDULE CHANGE
10.1. Flight schedule
10.1.1. The flight time shown in the flight schedule is subject to change from the date of publication to the date of passenger’s practical flight. We do not guarantee the flight schedule, and it is not a part of the contract of carriage between passenger and us.
10.1.2. Before we accept passenger’s reservation, we or our designated agents notify him/ her of the flight schedule in effect at that time and the information is shown on his/ her ticket. As necessity, we may change the flight schedule after issuing the ticket to passenger and/or cancel, terminate, re-route or change the flight direction, postpone the rescheduling, delay any flight, or change aircraft type and stopover if it deems reasonable to adopt circumstances beyond our control and for safety or commercial reasons. If he/ she notify us of his/ her contact details, we shall, within our responsibility, notify him/ her of changes of flight schedule.
10.2. Flight is delayed, early, cancelled, Passenger is denied carriage
10.2.1. We shall take all necessary measures to avoid delays in carriage of passenger and his/her baggage. In order to avoid flight cancellations upon taking these measures, we may arrange an alternative flight operated by an another aircraft or another Carrier.
10.2.2. Upon appearing schedule change or delay, cancellation of flight, passenger is denied carriage, subject to delay timing of the flight or the scheduled departure time of the alternative flight, we shall apply one or more the most appropriate measures to optimally support him/ her:
10.2.2.1. Provide and update full information for passenger in an appropriate manner; catering; arrange accommodation in accordance with applicable law;
10.2.2.2. Rebook suitably for passenger or transfer him/ her to another flight: for flight delayed from 02 hours or more, under scope of our transportation service, we shall rebook for him/ her to arrive at the end destination, waiving the restricted conditions on rebook and reroute and the associated surcharges (if any) for him/ her.
10.2.2.3. Non-refundable compensation in advance for Passenger according to regulations of authorities (if any);
10.2.2.4. Archive or refund of ticket for passenger if the flight is delayed from 05 hours or more. The refund shall comply with Article 15 of the Conditions of Carriage.
10.2.2.5. Perform other obligations as prescribed by authority (if any).
10.2.3. In the event that the flight is delayed or canceled with free of our fault, we shall be free from the obligations mentioned in the provision 10.2.4.2, provision 10.2.4.3 and provision 10.2.4.4 of the Conditions of Carriage. However, we shall do our best to assist her/ him as much as possible. This provision does not apply to flights to, from or via the U.S.
ARTICLE 11. BEHAVIOR ON BOARD
11.1. If passenger commits one of the following acts on board: (i) guilty acts; (ii) threaten aviation safety and security; (iii) assaulting or threatening a crew member, a passenger; (iv) failure to follow the instructions of the aircraft commander or crew members acting on behalf of the aircraft commander in terms of maintaining safety of the aircraft, order and discipline on board; (v) sabotage of equipment, property in the aircraft; (vi) drug use; (vii) smoking on board including in the restroom; (viii) other acts that violate custom, tradition and public order, we shall take necessary security measures to prevent such subsequent We reserve the right to request such passenger to disembark from the aircraft and to hand over him/ her to authorities at the airport of departure or destination, to refuse carriage of such passenger permanently or within a limited timeline on flights that we operate or to prosecute him/ her in accordance with applicable law.
11.2. Passenger is not allowed to consume alcoholic beverages on our flights unless we served it. We reserve the right to refuse to serve or recall alcoholic beverages which has been
11.3. If passenger violates the provision 11.1, we have the right to request him/ her to compensate for damage arising from his/ her fault including costs regarding emergency landing circumtance, damage or loss of lives, properties and other damages that we, our authorized agents, employees, service providers, passengers and third parties have been suffered.
11.4. Electronic devices
11.4.1. For safety reasons on board, passenger is not allowed to use electronic devices including mobile phone, laptop, recording device, radio receiver, MP3 player, CD player, video game, laser product or signaling items such as remote control toy and portable radio transmitters and receivers (walkie-talkies) without our permission. In the event that we allow to use the above devices, he/ she must comply with our regulations notifying during he/ she gets on board via safety video instructions, radio broadcasted by flight attendants and safety instruction table at each passenger’s seat position. Hearing aids and cardiac stabilizers are permitted.
11.4.2. If passenger fails to comply with the provision 11.4.1, we reserve the right to seize the above mentioned electronic devices until the flight has ended.
ARTICLE 12. LIABILITY FOR DAMAGE
12.1. Applicable laws:
12.1.1.The Conditions of Carriage and Applicable Law govern our liability to passenger. When his/ her trip is carried out by more than one Carrier, their liability is governed by applicable law, unless the Conditions of Carriage ruled differently from their one. Limits of these other Carriers’ liability may be lower than ours.
12.1.2. We shall only be liable for damages incurred on a flight that we operated, or where we are legally liable to passenger holding a codeshare ticket displaying our designator code. If we issue ticket or check-in baggage for him/ her on another Carrier’s flight, we shall only be liable as that Carrier’s agent.
12.1.3. This Article 12 rules limits of liability and summarizes the provisions that we apply under Convention and applicable laws. If this Article 12 conflicts with Convention or applicable laws, Convention or applicable laws shall prevail.
12.2. Liability for passenger being dead or injured:
Our liability for passenger’s proven damages in the event of death, injury or bodily harm resulting from an aircraft accident arising from or in conjunction with carriage that we operated subject to the rules and limis of applicable law as well as the following additional provisions:
12.2.1. The limits of our liability for each passenger who dies or suffers bodily injury, apply in accordance with Convention. We shall not be liable for damages incurred to him/ her exceeding the provisions of Convention if we demonstrate that:
a. Such damage is not due to negligence or other wrong acts or omission from us or our employees or authorized agents.
b. Such damage is due to negligence or other wrong acts or omission from third party.
12.2.2. Passenger’s proven damage in the event of death, injury or bodily harm arising from or in conjunction with carriage that we operated subject to rules and limits of Convention and Law on Civil Aviation of Vietnam as well as guiding documents governed by authorities.
12.2.3. We are only liable for damages that passenger suffered on board or during his/ her boarding or disembarkation. In the event that damage is caused by his/ her fault, we may be exempt from or reduce our liability for damages.
12.2.4. We shall pre-pay an amount to passenger or the one entitled to claim compensation under our provisions in accordance with applicable law. This amount is not evidence defining our fault and not deducted from the compensation amount for damage that we have to pay.
12.2.5. Itinerary includes departure, arrival or stopover is agreed in the United States, the applicable limit of liability in accordance with Convention shall apply.
12.2.6. None of articles in the Conditions of Carriage is construed to prejudice rights and liabilities of the above carriers for any claim that a person or the one on behalf of him/ her takes action once he/ she intentionally causes damage resulting in death, injury or bodily harm to passenger.
12.3. Our liability for baggage damage
12.3.1. We are not liable for damage to hand baggage (excluding damage caused by flight delay specified in the below provision 12.4), unless the damage is caused by the fault of us or our designated agent.
12.3.2. We are not liable for damage caused by defects in nature, quality or omission of baggage. Similarly, we shall not be liable for reasonable wear and tear of baggage caused by normal movement and impact during carriage by air.
12.3.2. Limits of our liability for damage to baggage (including hand baggage and checked baggage) being destroyed, lost, damaged or delayed shall apply under the provisions of Convention.
12.3.3. In the event that passenger receives only a part, not full checked baggage, or in the event of partial damage, not full damage of it, although the baggage is declared with higher value, our liability for the part of unreceivable or damaged baggage is based solely on ratio of its weight/ number of piece without regarding value of any part of it.
12.3.4. For claims subject to Vietnam Civil Aviation Law, limits of our liability for general loss of baggage (including hand baggage, private belongings and checked baggage) comply with applicable regulations.
12.3.5. We indemnify passenger for damage of baggage under general principle that of practical damage, not exceeding limits of our liability. Passenger is liable for proving practical damage of his/ her b
12.3.6. The foregoing limits of liability shall not apply if the passenger can prove that his/ her baggage damage has been caused by the act or omission of us or our representatives:
a. Intentionally cause damage; or
b. Negligence and despite of possibility for happening damage and the passenger can demonstrate that we or our representatives have performed these actions or omissions during processing the assigned tasks.
12.3.7. If passenger’s journey is covered by the law of local country, limits of liability for damage of checked baggage and hand baggage in accordance with this law for his/ her b
12.3.8. If passenger’s journey is not covered by Convention and the laws of local country without limits of liability for damage of his/ her checked baggage and hand baggage, we shall apply limits of liability specified in the provision3.3.
12.3.9. In the event that the provision3.4 applies, for whatever reason, the passenger is unable to prove practical damage or to provide evidence relating to the damage of baggage as a base for claiming indemnity. We apply limits of liability set forth in the provision 12.3.3.
12.3.10. If the weight of baggage is not stated on the baggage ticket, the total weight of the Passenger’s checked baggage is considered not to exceed the allowance weight for his/ her respective class of service in accordance with our regulations as publishing at the w
12.3.11. We are not liable for baggage damage caused by flight delay if we can demonstrate that: (i) we and our representatives have taken all necessary measures with reasonability to avoid such damage, or (ii) We or our representatives are unable to take such measures.
12.3.12. We are not liable for passenger’s injury or damage of his/ her baggage caused by objects contained in his/ her baggage or that of others. He/ she shall be liable for any damage caused by his/ her baggage to others, including properties, and such passenger have to indemnify us for all losses and expenses that we have suffered as a result of that.
12.3.13. We are not liable for damage of items as set out in the provision 9.3. contained in passenger’s checked baggage including: damage to fragile items, perishable goods (fresh food, perishable food…), key, artwork, camera, camcorder, money, jewelry, precious metal, precious stone, medicine, dangerous goods, computer, electronic devices, money convertible coupons, securities, negotiation documents, contracts, business documents, prototype, identity documents, precious and/or other valuable items in checked baggage without declaring for carriage as high value baggage and damage for other similar objects whether we are aware of it or not, except for itineraries covered by the Convention in which case Checked Baggage items will be subject to the liability limits set forth in the Convention.
12.3.14. We are not liable for any damage of passenger’s baggage resulting from his/ her failure to comply with the provision 8.10.6 including his/ her inability to collect baggage, checking in his/ her baggage and re-attaching baggage tag for carriage on another Carrier’s flight that we do not have an interline agreement with.
12.3.15. We are not liable for damage of baggage unless such damage is our fault. If the damage is caused partly by the passenger’s fault, our liability is subject to applicable law determining liable part of the parties.
12.4. Our liability for damages caused by delayed flight
12.4.1. Our liability for damages caused by delayed flight being is limited by Convention.
12.4.2. Whether Convention applies to a passenger’s claim or not, we are not liable for damages to him/ her resulting from delayed flight if we demonstrate that (i) We and our representatives have taken all measures reasonably to avoid such damages or (ii) We and our representatives are unable to take such measures.
12.5. General rules
12.5.1. In the scope that it does not conflict with the foregoing rules and whether it is within the scope of Convention or not:
12.5.2. We are only liable for indemnity in the event that passenger dies or is injured due to an accident incurred in the aircraft, during the time we guide him/ her on board or to disembark the aircraft.
12.5.3. We are only liable for damages incurred on our flights. If we issue ticket or check-in baggage for passenger on another Carrier’s flights, We shall be liable as an agent of such another Carrier.
12.5.4. We are not liable for any damage resulting from our compliance or passenger’s failure to comply with the provisions of law or Governmental regulations, ordinances and requirements.
12.5.5. Unless the conditions of carriage rule otherwise, our liability for indemnity is limited to practical damages that passenger has proved in accordance with the provisions of the applicable laws.
12.5.6. If passenger has been confirmed with a seat on flight but he/ she is not given a seat or not provided with proper class of service, we are only liable for the damage suffered by our fault, but our liability in this case is limited to reimburse his/ her reasonable expenses for accommodation, meals, information and travel from/to the airport and damages that he/ she suffered subject to the rules published at our website. On flights, to, from or via the U.S., a passenger will be refunded the difference in fares, if they are moved to a lower class of service than their purchased class of service.
12.5.7. Any disclaimer or limit of liability from us applies and is for benefit of our employees, attendants and representatives, and the owners of aircraft that we operate and their employees, attendants and representatives. The total amount of indemnity that we and our employees, attendants and representatives have suffered, does not exceed the limit of liability for indemnity ruled in these conditions of carriage and applicable laws.
12.5.8. Unless there is any rule differentiating from the Conditions, none of articles in the conditions of carriage cancels any waiver or limit of our liability governed by Convention or applicable law.
12.5.9. We are not liable for damages caused by force majeure Conditions to us such as natural disasters, wars, strikes…
ARTICLE 13. TIME LIMIT FOR CLAIMS AND LEGAL ACTIONS
13.1. Time limit for baggage claim:
13.1.1. Passenger’s acceptance of baggage at the baggage collecting area at the arrival airport without any complaint at the time of baggage collection is an evidence that the baggage has been delivered intactly and in accordance with the contract of carriage, unless he/ she has transparent base to prove difference.
13.1.2. Any claim for checked baggage is accepted only when the person entitled to receive the baggage submits the claim in writing to us within the following time limit:
a. 07 (Seven) days from the date of receiving baggage in case of shortage or damage of baggage
b. 07 (Seven) days from the date that baggage should be received in case of loss of one or more pieces of baggage.
c. 21 (Twenty-one) days from the date of receipt of baggage in the event that the baggage is delayed.
13.2. Time limit for legal action: Time limit for legal action on our liability for indemnity that the damage is caused to passenger, baggage and cargo within 02 (two) years from the date of arriving at the destination, the date that the aircraft must arrive at destination or from the date of terminated carriage, subject to the latest time. The method of calculating the time limit governed by the law at the place where the court hears the case.
ARTICLE 14. MODIFICATION
14.1. None of our managers, staff or representatives is entitled to alter, modify or waive any provision of the contract of carriage or the conditions of carriage or our regulations.
14.2. The provisions in the conditions of carriage are subject to modification from time to time in accordance with our business regulations or modification due to the request from the competent authorities or compliance with applicable Any modification must be in accordance with applicable law at the time of modification and published at our website. The new conditions of carriage take effect after 07 (seven) days from the date of announcement.
ARTICLE 15. REFUND
15.1. Ticket is non-refundable, except for other rules: (i) in this provision, or (ii) in the applicable fare conditions, or (iii) in accordance with applicable law. We shall refund full ticket or the unused part of the Ticket in accordance with the below rules:
15.1.1. Apart from cases stated in this article, we shall reimburse the person named on the ticket or the one pay for the ticket.
15.1.2. If ticket has been paid for by a person apart from the one named on the ticket and if we state the restriction of reimbursement on the ticket, we shall only reimburse the one who has paid for the ticket or at the request of that one.
15.1.3. Except for losing ticket, we shall only refund when passenger delivers to us the unused tickets and coupons.
15.1.4. Reimbursement for the person presenting the passenger coupon or the passenger receipt and all the unused flight Coupons when that one meets the conditions mentioned in the article 15.2.1 or the article 15.2.2, shall be deemed to be a refund to correct one. We shall then be waived from liability for any his/ her claim or anyone regarding the refund.
15.2. Involuntary reimbursement
If we cancel a flight, fail to operate the scheduled flight in a reasonable manner, fail to reach the final destination or stopover stated on his/ her Ticket, or seat unavailability for him/ her even although he/ she has been confirmed a seat or cause him/ her to miss his/ her next confirmed flight, the refund shall be:
15.2.1. If the Ticket is completely unused, the refund shall be equal to the amount that passenger has paid.
15.2.2. If the ticket has been partially used, the refund shall not be less than the difference between the paid fare and the applicable fare for the used itinerary.
15.3. Voluntary reimbursement
15.3.1. For ticket that are eligible for refund under its Conditions:
i. If the Ticket is completely unused, the refund shall be the amount that passenger has paid minus the applicable service charges or no-show fee;
ii. If the ticket has been partially used, the refund shall be the difference between the paid fare and the applicable fare for the used segment minus the applicable service charges or no-show fee.
15.3.2. For non-refundable ticket under its Conditions (non-flying passengers):
i. We shall refund the collection on behalf of the authority including airport tax, security screening charge, etc. for passengers who do not take flight, and are not allowed to refund their tickets after the flight time according to the purchased fare conditions upon his/ her request and submit all supporting documents.
ii. The refund shall be equal to the paid amount of airport tax, security screening charge, etc., minus the processing fee of his/ her reservation. If the processing fee exceeds the refund amount, he/ she shall not be refunded.
15.4. Refund for lost Ticket
15.4.1. If full or a part of a ticket is lost and passenger is able to provide us with satisfactory proof of ticket loss and notice us at least 03 (three) hours prior to departure time and accept to pay the applicable service fee, the refund shall be processed after the the expiry of lost ticket, provided that:
a. When full or a part of a lost ticket has not been used or refunded or exchanged, except for our fault, the lost ticket has been used or refunded or exchanged for someone else.;
b. The person to whom the refund is processed must declare on our form and commit to return it to us the refunded amount due to fraud and/or full or a part of the lost ticket being used by another person, except for the event that it’s our fault the lost ticket has been used by someone else.
15.4.2. If we or our authorized agent lose all or a part of the Ticket, the handling of it shall be our responsibility.
15.5. Refusal right of reimbursement
15.5.1. We may refuse reimbursement if claim for reimbursement is made after the validity of the Ticket.
15.5.2. We may refuse to refund if ticket has been presented to us or to the authorities of a country as an evidence demonstrating passenger’s departure from that country, unless he/ she can satisfactorily demonstrate to us that he/ she is permitted to stay or leave that country by another Carrier or by another means of transport.
15.5.3. We may refuse to refund in the circumstances mentioned in the article 9.1.
Reimbursement is subject to the government regulations of the country in which passenger has originally purchased the ticket and of the country in which the ticket is refunded. Accordingly, the reimbursement is usually processed in the currency for purchasing the Ticket or in another currency in accordance with the provisions of the law of foreign exchange.
15.4. The party processing refund
Voluntary refund is processed by the issuing airline or by agents designated by the ticketing airline.
ARTICLE 16. SUCCESSIVE CARRIERS
Carriage according to the itinerary stated on a ticket or on connecting tickets performed by several successive carriers shall be considered a single carriage.
ARTICLE 17. OTHER CONDITIONS
Carriage of passengers and their baggage is also carried out in accordance with our regulations which are publicly announced at the website and other applicable laws.