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Conditions of Carriage

Conditions of carriage

I.DEFINITIONS

In these Conditions, the following expressions have meanings respectively assigned to them: 
Agreed stopping places” means those places, except the place of departure and the place of final destination, set forth in the Ticket or shown in our timetables on your itinerary. 
Airline Designator Code” means two-characters or three letters which identify particular air carriers. 
Authority” is the government agency, the specialised agencies or the authorised organizations/individuals.
Authorised Agent” means a passenger 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. 
Baggage” means your personal property accompanying you in connection with your trip. Unless otherwise specified, it includes both your Checked and Unchecked Baggage. 
Baggage Check” means those portions of the Ticket which relate to the carriage of your Checked Baggage. 
Baggage Identification Tag” means a document issued solely for identification of Checked Baggage. 
Carrier” means an air carrier other than ourselves, whose Airline Designator Code appears on your Ticket or on a Conjunction Ticket. 
Checked Baggage” means Baggage of which we take sole custody and for which we have issued a Baggage Check. 
Check-in Deadline” means the time limit specified by the air carriers by which you must have completed all check-in formalities and received your boarding pass. 
Conditions of Carriage” means these Conditions of Carriage or another carrier's Conditions of Carriage as the case may be. 
Conditions of Contract” means those statements contained in or delivered with your paper or Electronic Ticket (Itinerary Receipt) which incorporates by reference these Conditions of Carriage, and notices(s). 
Conjunction Ticket” means a Ticket issued to you with relation to another Ticket which together constitute a single Contract of carriage. 
Connecting flight” means a subsequent flight providing onward travel on the same Ticket, on a different Ticket or on a conjunction Ticket. 
Convention” means the Convention for the International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention) and the Warsaw Convention as amended at The Hague on 28 September 1955(hereinafter referred to as the Warsaw Convention amended at The Hague) and any conventions or protocols and any other laws are applicable. 
Coupon” means both a paper Flight Coupon and an Electronic Coupon, each of which entitle the named passenger to travel on the particular flight identified on it. 
Damage” means death or wounding of a Passenger, or any other bodily injury suffered by a Passenger, caused by an accident on board the 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. Additionally, it means damage occasioned by delay in the carriage by air of Passengers or Baggage. 
Days” means calendar days, including all seven days of the week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and provided further that for purposes of determining duration of validity the day upon which the Ticket is issued, or the flight commenced, shall not be counted. 
Electronic Coupon” means an electronic Flight Coupon held in our database. 
“Electronic Ticket” means the Itinerary Receipt issued by us or on our behalf, the Electronic Coupons and, if applicable, a boarding document. 
Flight Coupon” means that portion of the Ticket that bears the notation “good for passage,” or in the case of an Electronic Ticket, the Electronic Coupon. Flight Coupon indicates the particular places between which you are entitled to be carried. 
Force Majeure” means unusual and unforeseeable circumstances beyond our or your control, the consequences of which could not have been avoided even if all due care have been exercised. 
Itinerary Receipt” means a document or documents We or Authorised Agents issue as a Ticket to Passengers travelling on Electronic Tickets that contains the Passenger’s name, flight information and other notices. 
Our Regulations” means rules, other than these Conditions of Carriage and Tariffs, published by us and in effect on the date of the commencement of carriage, governing the carriage of Passengers and Baggage. 
Passenger Coupon” or “Passenger Receipt” means that portion of the Ticket issued by us or Authorised Agent, which is to be retained by you. 
SDR” means a Special Drawing Right as defined by the International Monetary Fund (IMF). It is an international unit of account based upon the values of several leading currencies. The currency values of the SDR fluctuate and are re-calculated each banking day. These values are known to most commercial banks and are reported regularly in leading financial journals as well as the website of the IMF (www.imf.org). 
Stopover” means a scheduled stop on your journey, at a point between the place of departure and the place of destination. 
Tariff” means the published fares, surcharges and/or related conditions of carriage of an airline filed, which have been filed where required, with the appropriate Authorities. 
Ticket” means “Passenger Ticket and Baggage Check” or the Itinerary/Receipt of the Electronic Ticket delivered to the Passenger, in each case issued by us or Authorised Agent and includes the Conditions of Contract, notices and coupons. 
Unchecked Baggage” means any of your Baggage other than Checked Baggage including all items brought by you into the aircraft cabin and in your custody. 
We”, “our”, “ourselves”, “ours”, and “us” means Vietnam Airlines company Limited (Vietnam Airlines).  
You”, “your” and “yourself” mean any person, except members of the crew, carried or to be carried in an aircraft with our consent.  

II. APPLICABILITY

2.1.  General

2.1.1.  Except as provided in Articles 2.2, Article 2.5 and Article 2.6, these Conditions of Carriage apply to all flights operated by us and in any case where we have a legal liability to you in relation to your flight.

2.1.2.  These Conditions also apply to gratuitous and reduced fare carriage except to the extent that we have provided otherwise in Our Regulations or in the relevant contracts, passes or Tickets.

2.1.3.  These Conditions and Carrier's Regulations are subject to change without prior notice; such change shall be published in our website. These Conditions of Carriage and an essential part of the regulations are published widely and passenger may request for details at any time.

2.2.  Carriage to/from Canada and United State of America 

2.2.1.  These conditions apply to carriage between places on Canada or between a place in Canada and any place thereof only to the extent they are incorporated in tariffs in force in Canada.

2.2.2.  These Conditions do not apply to air transportation as defined in the US Federal Aviation Act 1958.

2.3. Charters
If carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply only to the extent they are incorporated by reference or otherwise, in the Ticket or other agreement with the Passenger.

2.4. Code shares 
On some services we may have arrangements with other carriers known as “Code Shares”. This means that even if you have a reservation with us and hold a Ticket where our name or Airline Designator Code is indicated as the Carrier, another carrier may operate the aircraft. If such arrangements apply we will advise you of the name of the other carrier operating the aircraft at the time you make a reservation.

2.5. Overriding law
To the extent that any provision contained or referred to herein is contrary to anything contained in the Convention where applicable and in any applicable laws, government regulations, order or requirement that can not waived by agreement of the parties, such provision shall not apply. The invalidity of any provision shall not affect the validity of any other provision.

Conditions prevail over regulations 
Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and any other regulations we may have, dealing with particular subjects, these Conditions shall prevail.

III.TICKETS

3.1.  Ticket as principal evidence of contract 

3.1.1.  We will provide carriage only to the Passenger named in the Ticket, and you may be required to produce appropriate identification.

3.1.2.  You cannot transfer your Ticket.

3.1.3.  Tickets sold at discounted fares may partially or completely be non-refundable. You should decide your choice of fare properly

3.1.4.  If you have a Ticket, as described in Article 3.1.3 above, which is completely unused, and you are prevented from travelling due to Force Majeure, provided that you promptly advise us and furnish evidence of such Force Majeure, we will provide you with a credit of the non-refundable portion of the fare, for future travel on us, subject to deduction of a reasonable administration fee.

3.1.5.   The Ticket is and remains at all times the property of the issuing Carrier.

3.1.6.  Requirement for Ticket 
You shall be entitled to be carried on a flight if you present a valid Ticket containing the Flight Coupon for that flight and all other unused Flight Coupons and the Passenger Coupon. In addition, you shall not be entitled to be carried if the Ticket presented is mutilated or if it has been altered otherwise than by us or our Authorised Agents. 
In the case of an Electronic Ticket, you shall be entitled to be carried on a flight if you provide positive identification and a valid Electronic Ticket has been duly issued in your name and delivered to you.

3.1.7.  Loss, Mutilation, or Non-presentation etc., of Ticket 
3.1.7.1.  In case of loss or mutilation of a Ticket, (total or part of it), or non-presentation of a Ticket containing the Passenger Coupon and all unused Flight Coupons, upon your request, we will replace such Ticket (total or part of it) by issuing a new Ticket, provided there is evidence, readily ascertainable at the time, that a Ticket valid for the flight(s) in question was duly issued. In that case you have to sign an agreement to reimburse us for the fare applicable to the new Ticket in event, and to the extend, that the lost or missing Ticket or the missing Flight Coupons are used by any person, or that refund in respect thereof is made by any person.
3.1.7.2.  Where such evidence is not available or you do not sign such an agreement, the Carrier issuing the Ticket may require you to pay up to the full Ticket price for a replacement Ticket. This payment is only refunded if and when the original issuing Carrier is satisfied that the lost or mutilated Ticket has not been used prior to its expiry. If, upon finding the original Ticket before its expiry, you surrender it to the carrier issuing the new Ticket, the foregoing refund will be processed at that time.

3.1.8.  Passenger should take appropriate measures to safeguard the ticket and ensure it is not lost or stolen.

3.2. Period of validity 

3.2.1.  Except otherwise provided in the Ticket, these Conditions, or in applicable Tariffs, (which may limit the validity of a Ticket, in which case the limitation will be shown on the Ticket), a Ticket is valid for: 
3.2.1.1.  one year from the date of issue; or 
3.2.1.1.  subject to the first travel occurring within one year from the date of issue, one year from the date of first travel under the Ticket.

3.2.2.  When you are prevented from travelling within the period of validity of the Ticket because at the time you request a reservation we are unable to confirm a reservation, the validity of such Ticket will be extended or you may be entitled to a refund in accordance with Article 11.

3.2.3.  If after having commenced your journey, you are prevented from travelling within the period of validity of the Ticket by reason of illness, we may extend the period of validity of your Ticket until the date when you become fit to travel or until our first flight after such date, from the point where the journey is resumed on which space is available in the booking class for which the fare has been paid. Such illness must be attested to by a proper medical certificate. When the Flight Coupons remaining in the Ticket, or in the case of an Electronic Ticket, the Electronic Coupon, involve one or more 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 will similarly extend the period of validity of Tickets of other members of your immediate family accompanying you.

3.2.4.  In the event of death of a Passenger en route, the Tickets of the persons accompanying the Passenger may be modified by waiving any restriction and extending the validity. In the event of a death in the immediate family of a Passenger who has commenced travel, the validity of the Passenger's Tickets and those of his or her immediate family who accompanied the Passenger may likewise be modified. Any such modification shall be made upon receipt of a proper death certificate and any such extension of validity shall not be for a period not longer than forty-five (45) Days from the date of the death.

3.3.  Coupon sequence 

3.3.1.  The Ticket you have purchased is valid only for the transportation as shown on the Ticket, from the place of departure via any Agreed Stopping Places to the final destination. The fare you have paid is based upon our Tariff and is calculated on the basis of the entire journey shown on the Ticket. It forms an essential part of our contract with you. The Ticket will not be honoured and will lose its validity if the Coupons (or flights mentioned in the Ticket) are not used in the sequence provided in the Ticket.

3.3.2.  Should you wish to change any aspect of your transportation you must contact us in advance. The fare for your new transportation will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as ticketed. Should you be required to change any aspect of your transportation due to Force Majeure, you must contact us as soon as practicable and we will use reasonable efforts to transport you to your next Stopover or final destination, without recalculation of the fare.

3.3.3.  Should you change your transportation without our agreement, we will assess the reasonable price for your actual travel. You will be required to pay any difference between the price you have paid and the total price applicable for your revised transportation. We will refund you the difference if the new price is lower but otherwise, your unused Coupons have no value.

3.3.4.  Please be aware that while some types of changes will not result in a change of fare, others, such as changing the place of departure (for example if you do not fly the first segment) or reversing the direction you travel, can result in an increase in price. Many fares are valid only on the dates and for the flights shown on the Ticket and may not be changed at all, or only upon payment of an additional fee.

3.3.5.  Each Flight Coupon contained in your Ticket will be accepted for transportation in the class of service on the date and flight for which space has been reserved. When a Ticket is originally issued without a reservation being specified, space may be later reserved subject to our Tariff and the availability of space on the flight requested.

3.3.6.  Please be advised that in the event you do not show up for any flight without advising us in advance, we may cancel your return or onward reservations. However, if you do advise us in advance, we will not cancel your subsequent flight reservations.

3.4.  Our name an address 
Our name may be abbreviated to our Airline Designator Code, or otherwise, in the Ticket. Our address shall be deemed to be the airport of departure shown opposite the first abbreviation of our name in the “Carrier” box in the Ticket, or in the case of an Electronic Ticket, as indicated for our first flight segment in the Itinerary Receipt.


 IV.STOPOVERS

4.1.  Stopovers may be permitted at Agreed Stopping Places subject to relevant authorities’ requirements and Our Regulations.

4.2.  Stopovers must be arranged with Carrier(s) in advance and specified on the Ticket.


 V.FARES, TAXES, FEES AND CHARGES

5.1. Fares and surcharges

The applicable fares apply only for carriage from the airport at the point of origin to the airport at the point of final destination, unless otherwise expressly stated. The applicable fares, fees, taxes and surcharges, do not include land (road, rail …) or maritime transport service between airports and between airports and town terminals, are the total payment by the passenger. The applicable fares, will be calculated in accordance with our Tariff, and surcharges are in effect on the date of payment of your Ticket for travel on the specific dates and itinerary shown on it. Should you change your itinerary or dates of travel, this may change the fares and surcharges to be paid

5.2.  Taxes, Fees and Charges

Applicable taxes, fees and charges imposed by government or other authority, or by the operator of an airport, or by us or another Carrier, shall be payable by you. At the time you purchase your Ticket, you will be advised of taxes, fees and charges not included in the fare, most of which will normally be shown separately on the Ticket.

5.3. Payment for Taxes, Fees and Charges

We shall not be obliged to carry, and may refuse onward to carry of a Passenger or his Baggage, if the applicable fare, any taxes, fees or charges payable have not been paid.

5.4.  Currency 

Fares, taxes, fees and charges are payable in 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 time payment is made (for example, because of the non-convertibility of the local currency). We may, at our discretion, accept payment in another currency.

 

VI.RESERVATIONS

6.1.  Reservation requirements  

6.1.1.  We or our Authorised Agents will record your reservation(s). Upon request, we will provide you with written confirmation of your reservation(s).

6.1.2.  Certain fares have conditions which limit or exclude your right to change or cancel reservations. You should check the conditions that apply to your fare and we are not responsible for your failure to do so.

6.2.  Ticketing time limits  
If you have not paid for the Ticket prior to the specified ticketing time limit as advised by us or our Authorised Agents, we reserve the right to cancel your reservation.

6.3.   Personal data 

We may use the personal information that you provide and we collect, including information about how your purchase history and how you use our services and facilities for the purposes of: making a reservation, purchasing and issuing a Ticket, providing you with your transportation and any related services and facilities; accounting, billing and auditing, verifying and screening credit or other payment cards; immigration and customs control; safety, security, health, administrative and legal purposes; statistical and marketing analysis, operating frequent flyer programmes; systems testing, maintenance and development; IT training; customer relations; helping us to deal with you more efficiently in the future; and direct marketing and market research (which we will only do at your request or with your consent or if we give you the opportunity to opt out).

For these purposes, you authorise us to retain and use such data as long as it is needed to perform these tasks and to transmit it to our own offices, Authorised Agents, government agencies, other carriers or the providers of the above-mentioned services. You may be required, by government regulations, to provide specific personal data or information to us, including information to enable us to notify family members in the event of an emergency and other purposes associated with or incidental to your carriage. We shall not be liable to you for any loss or expense incurred due to our use or transmission of any personal data provided to us unless the loss or expense was due to our negligence. We may also monitor and/or record your telephone conversations with us to ensure consistent service levels, prevent/detect fraud and for training purposes. Further information on our data privacy policy, including how to access and correct this data, can be obtained from our offices and our website.

6.4.  Seating 

We will endeavour to honour advance seating requests. However, we cannot guarantee any particular seat. We reserve the right to assign or re-assign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety, government regulatory, health or security reasons. We will make reasonable seating accommodations for Passengers who need our assistance in accordance with applicable law.

6.5.  Service charge when space not occupied

Except in the case of travel on non-refundable fares, a reasonable service charge, in accordance with Our Regulations, may be payable by you if you fail to use space for which a reservation has been made.

6.6.  Special services 

6.6.1.  We will try to ensure that special services requested by you when you make your reservation depending on our availability. We will inform passengers in case we are unable to provide special services requested by passengers. Special services Request will be confirmed immediately or after our verification of transportation conditions or after passenger’s completion of the procedures under conditions of carriage. If passengers require special services at the airport, we will check conditions and inform passengers of the acceptance or not. We will not however, be liable to you for loss, expense, breach of contract or other damage should we, for any reason, be unable to supply such previously requested service.

6.6.2.  If you are a passenger with a disability and you require any special assistance you should inform us at the time of booking of your special needs.

6.6.3.  If you are a passenger with a disability we will carry you if arrangements have been made to provide for your special needs. If you do not inform us at the time of your special needs, we will nevertheless use reasonable efforts to accommodate your special needs.

6.6.4.  We may require that you travel with an attendant if it is essential for the safety of the flight or if you are unable to evacuate yourself from the aircraft or you are unable to understand safety instructions.

6.6.5.  We reserve the right to cease accepting passengers who must travel on a stretcher on any flight.

6.6.6.  On flights where medical oxygen is permitted you may be charged for the service of medical oxygen (and you may be required to be accompanied by an attendant).

6.7.  On board services  
For operational reasons, we do not make any guarantees about the provision/availability of in-flight entertainment equipment and advertised programmes; advertised special meals or any other type of meals; or the availability of advertised in-flight services.

6.8. Reconfirmation of reservations 

6.8.1.  Onward or return reservations may be subject to the requirement to reconfirm the reservation within specified time limits. We will advise you when we require reconfirmation, and how and where it should be done. If it is required and you fail to reconfirm, we may cancel your onward or return reservations. However, if you advise us you still wish to travel, and there is space on the flight in the class of service for which the fare has been paid, we will reinstate your reservations and transport you to your next or final destination. If there is no space available on the flight in the class of service for which the fare has been paid, we will use reasonable efforts to transport you to your next or final destination.

6.8.2.  You should check the reconfirmation requirements of any other Carriers involved in your journey with them. Where it is required, you must reconfirm with the Carriers whose code appears for the flight in question on the Ticket.

6.9.  Cancellation of onward reservations  
Please be advised that if you do not show up for any flight without advising us in advance, we may cancel your return or onward reservations. However, if you do advise us in advance, we will not cancel your subsequent flight reservations.

 

VII.CHECK-IN AND BOARDING

7.1.  You must arrive at our Check-in location and boarding gate some specified time in advance of flight departure to permit completion of any government formalities and departure procedures. We reserve the right to cancel your reservation if you do not comply with the Check-in Deadlines indicated. You should inform yourself of the Check-in Deadlines. Check-in Deadlines for our flights can be found in our timetable, or may be obtained from us or our Authorised Agents.

7.2.  You must be present at the boarding gate not later than the time specified by us when you check-in.

7.3.  We may cancel the space reserved for you if you fail to arrive at the boarding gate in time or if you fail to present required travel documents as provided in Article 14.2.

7.4.  We will not be liable to you for any loss or expense incurred due to your failure to comply with the provisions of this Article.

 

VIII.REFUSAL OF AND LIMITATION ON CARRIAGE

8.1.  Right to refuse carriage  

We may refuse to carry you or your Baggage (even if you hold a valid Ticket and/or have a boarding pass) if we determines that:

8.1.1.  such action is necessary in order to comply with any applicable laws, regulations, or orders of any state or country to be flown from, into, or over; or

8.1.2. you refuse our requests information about yourself for providing product, services and/or information required by governments; or

8.1.3.  your conduct, age or mental or physical state is such as (i) to require special service but have no prior arrangement with us; or (ii) due to the health status of Passengers that We found that the transport or continue to transport will cause harm to the Passengers, to other people in the aircraft or endanger the flight; or (iii) to prevent the spread of disease; or (iv) to disobey regulations on aviation safety and security, operational transportation by air; or (v) to disturb social order, endangers the operational safety or influences the life, health and property of other persons; or (vi) persons who get drunk or affected by pharmaceutical products and have lost their act control capacity; or (vii) for security reason; or (viii) at the request of competent Authorities.

8.1.4.  you have committed misconduct on a previous flight, and such conduct may be repeated; or

8.1.5.  you have refused to submit to a security check for yourself or your Baggage, or having submitted to such a check, you fail to provide satisfactory answers to security questions at check-in or at the boarding gate, or you fail a security profiling assessment/analysis, or you tamper with or remove any security seals on your Baggage or security stickers on your boarding pass; or 
8.1.6.  you have not paid the applicable fare, taxes, fees, or charges; or

8.1.7.  you do not appear to have valid travel documents, seek to enter a country through which you may be in transit, or for which you do not have valid travel documents, or destroy your travel documents during flight or refuse to surrender your travel documents to the flight crew, against receipt, when so requested; or

8.1.8.  you present a Ticket that (i) has been acquired unlawfully, or (ii) has been purchased from an entity other than us or our Authorised Agents or (iii) has been reported as being lost or stolen; or (iv) is a counterfeit Ticket; or (v) you cannot prove that you are the person named in the Ticket. In this circumstance, we reserve the right to retain such Ticket; or

8.1.9.  you fail to comply with the requirements set forth in Article 3.3 above concerning coupon sequence and use, or you present a Ticket which has been issued or altered in any way, other than by us or our Authorised Agents, or the Ticket is mutilated; or

8.1.10.  you fail to observe our instructions with respect to safety or security; or

8.1.11.  you have previously committed one of the acts or omissions referred to above.

8.2.  Consequences of refusal to carry or removal of Passenger  

8.2.1.  We reserve the right to refuse to transport the Passengers in case We cannot take measures to ensure security and safety of flight such as (i) disruptive Passengers; or (ii) persons who have lost their act control capacity; or (iii) persons whose entry is disallowed; or (iv) disobey regulations and instructions of aviation employees at an airport/aerodrome or airfield or on board an aircraft; or (v) disturb order and discipline at an airport/aerodrome or on board an aircraft; or (vi) deportee without an escorts; or (vii) hoax or provide with false information that endangers the safety and security of an airport/aerodrome or airfield or on board an aircraft in flight or on ground and passengers; or (viii) at the request of Vietnam or foreign aviation Authorities; and 
We may cancel the remaining unused portion of your Ticket, and you will not be entitled to further carriage or to a refund either in respect of the sector that was the subject of the refusal of carriage or removal, or any subsequent sectors covered by the Ticket. 

8.2.2.  We will not be liable for any consequential loss or damage alleged due to any such refusal to carry or removal en route.

8.2.3.  On the contrary, we reserve the right to seek an indemnity from you in respect of claims or losses including the costs of diverting our flight incurred by us as a result of such behaviour, conduct or condition and such refusal or removal.

8.2.4.  We also reserve the right to give you a banning notice. By a banning notice we mean a written notice we have given to you informing you that you are banned from being carried on our route network. This means you are banned from all flights we operate. This notice will give the date when the ban comes into force and the period for which it applies. A banning notice will also ask you not to buy a Ticket or ask or allow anyone to do so for you. If you try to travel while a banning notice is in force, we will refuse to carry you.

8.3.  Special assistance  
Acceptance for carriage of unaccompanied children, incapacitated persons, pregnant women, persons with illness or other people requiring special assistance is subject to prior arrangement with us and in accordance with Our Regulations. We may, at our discretion, levy a charge for the provision of these services.

8.4.  Aircraft weight/seating capacity                                              
If we believe that the aircraft weight limitation or seating capacity be exceeded, we shall decide reasonably not to carry a certain Passenger(s) and/or article(s) in accordance with our Regulations. Compensations shall be made in accordance with the provisions of Article 9.6.3, Article 10.2.4 and Article 16.5.6 and other applicable regulations.

8.5.  Service dogs 
Subject to any applicable laws, we may refuse to carry your service dog if any of the following has occurred or we reasonably believe that it may occur:

8.5.1.  The dog has not been harnessed or muzzled appropriately.

8.5.2.  We are unable to accommodate the seating of the dog such that it is in front of you.

8.5.3.  The seating position of your dog would obstruct an aisle or other areas required by safety regulations to remain unobstructed for emergency evacuation purposes.

8.5.4.  The dog engages in disruptive behaviour, or other behaviour that poses a direct threat to the health and safety of other Passengers on the aircraft.

8.5.5.  There is insufficient evidence to prove that the dog has been properly trained and is a certified service dog.

8.5.6.  Some or all of the requirements set forth in Article 8.6 may be modified or inapplicable in the case of Passengers travelling with service dogs or other service animals to or from Europe and to and from the United States. In this case, please contact us for further details.

 

IX.BAGGAGE

9.1.  Free Baggage allowance  
You may carry some Baggage, free of charge, subject to Our Regulations which are shown in our Passenger Ticket and Baggage Check. The free of charge Baggage must be subject to conditions and limitations in Our Regulations.

9.2.  Excess Baggage  
You will be required to pay a charge for the carriage of Baggage in excess of the free Baggage allowance. The payment terms are shown in Our Regulations.

9.3.  Items unacceptable as Baggage  

9.3.1.  You must not include in your Baggage: 
9.3.1.1.  items which do not constitute Baggage as defined in Article 1 hereof; 
9.3.1.2.  items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in Our Regulation.  
9.3.1.3.  items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from, or to; 
9.3.1.4.  items which are reasonably considered by us to be unsuitable for carriage because they are dangerous, unsafe or because of their weight, size, shape or character.

9.3.2.  Firearms, ammunition and support instruments are prohibited from carriage as Baggage unless having acceptance from the authority. Explosives, explosive materials, flammable substances, items which can be used as threatening weapons, and other dangerous substances may only be accepted as Checked Baggage, subject to Our Regulations. For safety reason, cartridges must be taken out from the guns. Cartridges must be suitably packed. Carriage of the firearms, ammunition and support instrument is subject to Our Regulations and those of ICAO, IATA, Airport Authorities.

9.3.3.  You are prohibited from including in your Checked Baggage, fragile or perishable items (fresh and perishable foodstuff…), artwork, cameras, money, jewellery, precious metals, silverware, computers, electronic devices, securities or other valuables, negotiable papers, contract, business documents, samples, passports and other identification documents, other valuable items.

9.3.4.  If, despite being prohibited, any items specified in Articles 9.3 are included in your Baggage, we shall not be responsible for any Damage to such items.

9.4. Right to refuse carriage  

9.4.1.  We may refuse to carry as Baggage the items described in Article 9.3, and we may refuse further carriage of any such items upon discovery that it is included in your Baggage.

9.4.2.  We may refuse to carry as Baggage any item, reasonably considered by us to be unsuitable for carriage because of its size, shape, weight, content, character, or for safety or operational reasons, or the comfort of other Passengers and Baggage.

9.4.3.  We may refuse to carry as Baggage any item, due to security, safety or operational reasons, including Baggage which does not belong to you and which you partially own. We shall not be responsible for any Damage or inconvenience which may cause to you as a result of refusal of such Baggage.

9.4.4.  Unless advance arrangements for its carriage have been made with us, we may carry on later flights Baggage which is in excess of the applicable free allowance.

9.4.5.  We may refuse to accept Baggage as Checked Baggage unless it is properly and securely packed in suitcases and suitable containers to ensure safe carriage with ordinary care in handling.

9.4.6.  We and our agents shall not check through Baggage for other Carriers where we do not have an interline agreement with them. Therefore, where you intend to arrive at an airport on another Carrier’s flight in order to connect with one of our flights or you intend to arrive at the airport on one of our flights in order to connect with another Carrier’s flight you must check in advance whether we have an interline agreement with them. If we do not, you are responsible for clearing your Baggage and having it checked-in and re-tagged for the next flight. In such circumstances, we are not liable for any Damage to you and to your Baggage.

9.5.  Right of search  

9.5.1.  For reasons of safety and security we may request that you permit a search and scan of your person and a search, scan or x-ray of your Baggage. If you are not available, your Baggage may be searched in your absence for the purpose of determining whether you are in possession of or whether your Baggage contains any item described in Article 9.3. If you are unwilling to comply with such requests we may refuse to carry you and your Baggage. In the event a search or scan causes damage to you, or an x-ray or scan causes damage to your Baggage, we shall not be liable for such Damage unless due to our fault or negligence.

9.5.2.  We shall not be responsible for items kept by you or in your Baggage which are seized by Authority subject to international rules or State Authority Regulations even such items are seized, destroyed or handed over to us.

9.6. Checked Baggage  

9.6.1.  Upon delivery to us of your Baggage which you wish to check, we will take custody of and issue a Baggage Identification Tag, for each piece of your Checked Baggage.

9.6.2.  Checked Baggage must have your name, or other personal identification affixed to it.

9.6.3.  Checked Baggage will, whenever possible, be carried on the same aircraft as you, unless we decide for safety, security, or operational reasons to carry it on an alternative flight. If your Checked Baggage is carried on a subsequent flight we will deliver it to you, unless applicable law requires you to be present for customs clearance.

9.6.4.  Maximum weight of any single piece of Checked Baggage is 32 kg (70 lb.). Overweight items will be repacked or split into lighter units during check-in. Such items that cannot be repacked will not be accepted for carriage. In either case, we shall not be liable to you for: (i) any Damage arising as a result of your failure to comply with the weight allowance and need to repack, split or (ii) decline to carry the overweight items. 
Acceptance of any bag weighing more than 32 kg (70 lb.) is subject to prior approval and notification upon booking/reservation.

9.7.  Excess value declaration and charge 
You may declare a value for Checked Baggage in excess of the applicable liability limits. If you make such a declaration, you shall pay additional charges in accordance with Our Regulations. The declaration and payment shall be made in accordance with applicable laws, regulations of any state to be flown from, to or over.

9.8.  Unchecked Baggage  

9.8.1. Baggage which you carry onto the aircraft must be subject to Our Regulations. If your Baggage is of excessive weight or size, or is considered unsafe for any reason, it must be carried as Checked Baggage.

9.8.2.  Objects not suitable for carriage in the cargo compartment (such as delicate musical instruments) and which do not meet the requirements in Article 9.8.1, will only be accepted for carriage in the cabin compartment if you have given us notice in advance and permission has been granted by us. You are required to pay a separate charge for this service.

9.9.  Collection and delivery of Baggage  

9.9.1.  You are required to collect your Checked Baggage as soon as it is made available at your destination or Stopover. Should you not collect it within a reasonable time, we may charge you a storage fee. Should your Checked Baggage not be claimed within three (3) months from the time it is made available, we shall not be liable to you for the Baggage.

9.9.2.  Only the bearer of the Baggage Check and Baggage Identification Tag is entitled to delivery of Checked Baggage.

9.9.3.  If a person claiming the Baggage is unable to produce the Baggage Check and identify the Baggage by means of a Baggage Identification Tag, we will deliver the Baggage to such person only on condition that he or she establishes to our satisfaction his or her right to the Baggage thereto

9.9.4.  Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery shall constitute sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage.

9.10. Animals  
If we agree to carry your animals, they will be carried subject to the following conditions:

9.10.1. You must ensure that animals such as dogs, cats, household birds and other pets, are properly crated or transported in containers which meet the requirements of law, accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit, failing which, such animals will not be accepted for carriage. Such carriage may be subject to additional conditions by us.

9.10.2.  If accepted as Baggage, the animal, together with its container and food shall not be included in your free Baggage allowance, but shall constitute excess Baggage, for which you will be obliged to pay the applicable rate. Except as provided for in Article 9.10.3, animals will not be carried in the passenger cabin of the aircraft. They will be carried, suitably containerised, in the cargo compartment of the aircraft.

9.10.3.  Service animals accompanying Passengers with disabilities will be carried as Checked Baggage or in the cabin free of charge in addition to the normal free Baggage allowance, subject to Our Regulations.

9.10.4.  Acceptance for carriage of animals is subject to condition that you bare full responsibility for such animals. We shall not be liable for injury to or loss, delay, sickness or death of such animals during transportation, unless due to our fault or negligence.

9.10.5.  We shall not be liable for such animals that are refused entry into or passage through any country, state or territory.

 

X.SCHEDULES, CANCELLATION OF FILGHTS

10.1.  Schedules 

10.1.1.  The flight times shown in timetables may change between the date of publication and the date you actually travel. We do not guarantee them to you and they do not form part of your contract with us.

10.1.2. Before we accept your booking, we or our authorized agent will notify you of the scheduled flight time in effect as of that time, and it will be shown on your Ticket. It is possible we may need to change the scheduled flight time subsequent to issuance of your Ticket and/or cancel, terminate, divert, postpone, delay any flight, or substitute alternative aircraft and stop-over destination if necessary beyond our control and/or because of safety or commercial reasons. If you provide us with contact information, we will endeavour to notify you of any such changes. If, after you purchase your Ticket, we make a change to the scheduled flight time, which is not acceptable to you, and we are unable to book you on an alternate flight which is acceptable to you, you will be entitled to a refund in accordance with Article 11.

10.2.  Cancellation, rerouting, delays  

10.2.1.  We will take all necessary measures to avoid delay in carrying you and your Baggage. In the exercise of these measures and in order to prevent a flight cancellation, in exceptional circumstances, we may arrange for a flight to be operated on our behalf by an alternative carrier and/or aircraft.

10.2.2. Except as otherwise provided by the Conventions or applicable law, if we cancel a flight, fail to operate a flight reasonably according to the schedule, fail to stop at your destination or Stopover destination, or cause you to miss a connecting flight on which you hold a confirmed reservation, we shall, at your option, either: 
10.2.2.1.  carry you at the earliest opportunity on another of our scheduled services on which space is available without additional charges and; where necessary, extend the validity of your Ticket; or 
10.2.2.2.  within a reasonable period of time re-route you to the destination shown on your Ticket by our own services or those of another Carrier, or by other mutually agreed means and class of transportation without additional charge; or
10.2.2.3. make a refund in accordance with the provisions of Article 11.

10.2.3.  Upon the occurrence of any of the events set out in Article 10.2.2, except as otherwise provided by the Conventions or applicable law, the options outlined in Article 10.2.2.1 through Article 10.2.2.3 are the sole and exclusive remedies available to you and we shall have no further liability to you. In particular, if cancellations or delays are due to the weather conditions, union strikes, acts of God and wars, or air traffic control delays or other force majeure, we shall be under no immediate obligation to comply with Article 10.2.1 to Article 10.2.3 or to provide at all for the cost of telephone calls, accommodation, refreshments or transportation, although we shall make reasonable efforts to assist you as to the best we can in the prevailing circumstances.

10.2.4.  If we are unable to provide confirmed space, we shall provide compensation to those Passengers who are denied boarding or who are involuntarily downgraded to the class below in accordance with applicable law and our and our denied boarding/involuntary downgrading compensation policy.

 

XI.REFUNDS

11.1. Unless otherwise stated in (i) this Article or (ii) fare rules or tariff or (iii) in accordance with applicable law, Tickets are non-refundable. We will refund a Ticket or any unused portion, as set out below:

11.1.1.  Except as otherwise provided in this Article, we shall be entitled to make a refund either to the person named in the Ticket, or to the person who has paid for the Ticket upon presentation of satisfactory proof of such payment.

11.1.2.  If a Ticket has been paid for by a person other than the Passenger named in the Ticket, and the Ticket indicates that there is a restriction on refund, we shall make a refund only to the person who paid for the Ticket, or to that person's order.

11.1.3.  Except in the case of lost Tickets, refunds will only be made on surrender to us of the Ticket and all unused Flight Coupons. 

 

11.1.4.  A refund made to anyone presenting the Passenger Coupon or Passenger Receipt and all unused Flight Coupons and holding himself or herself out as a person to whom refund may be made pursuant to Article 11.2.1 or Article 11.2.2 shall be deemed a proper refund and shall discharge us from liability of any further refund claim from you or any other person.

11.2. Involuntary refunds  
If we cancel a flight, fail to operate a flight reasonably according to schedule, fail to stop at your final destination or Stopover, or cause you to miss a connecting flight on which you hold a reservation, the amount of the refund shall be:

11.2.1.  if no portion of the Ticket has been used, an amount equal to the fare paid;

11.2.2.  if a portion of the Ticket has been used, the refund will not be less than the difference between the fare paid and the applicable fare for the travel between the points for which the Ticket has been used.

11.2.3.  Upon acceptance of a refund by the Passenger on the purchase of a Ticket under these circumstances, we shall be released from any further liability.

11.3.  Voluntary refunds  
If you are entitled to a refund of your Ticket for reasons other than those set out in Article 11.2, the amount of the refund shall be:

11.3.1. if no portion of the Ticket has been used, an amount equal to the fare paid, less any reasonable service charges or cancellation fees;

11.3.2. if a portion of the Ticket has been used, the refund will be the difference between the fare paid and the applicable fare for the travel between the points for which the Ticket has been used less any reasonable service charges or cancellation fees

11.4.  Refund on lost Ticket  

11.4.1. If you lose your Ticket or portion of it, upon furnishing us with satisfactory proof of the loss, and payment of a reasonable administration charge, refund will be made as soon as practicable after the expiry of the validity period of the Ticket, on condition: 
11.4.1.1. that the lost Ticket, or portion of it, has not been used, previously refunded or replaced, (except where the use, refund or replacement by or to a third party resulted from our own negligence);
11.4.1.2. that the person to whom the refund is made undertakes, in such form as may be prescribed by us, to repay to us the amount refunded in the event of fraud and/or to the extent that the lost Ticket or portion of it is used by a third party (except where any fault or use by a third party resulted from our own negligence).

11.4.2. If we or our Authorized Agents lose the Ticket or portion of it, the loss shall be our responsibility.

11.5. Right to refuse refund  

11.5.1. We may refuse a refund where application is made after the expiry of the validity of the Ticket.

11.5.2.  We may refuse a refund on a Ticket which has been presented to us, or to Government officials, as evidence of intention to depart from that country, unless you establish to our satisfaction that you have permission to remain in the country or that you will depart from that country by another Carrier or another means of transport.

11.5.3.  We may refuse a refund on the conditions as stated in Article 8.2

11.6. Currency  
All refunds will be subject to Government laws, rules and regulations or orders of the country in which the Ticket was originally purchased and of the country in which the refunds is being made. Subject to the foregoing provision, refunds will normally be made in the currency in which the Ticket was paid for, or in any other country in accordance with Our Regulations.

11.7. By whom Ticket refundable  
We will only give you a voluntary fare refund if we or our authorized agents issued the Ticket and we or they have authorized the refund.

 

XII.CONDUCT ABOARD AIRCRAFT

12.1. If, in our reasonable opinion, you conduct yourself aboard the aircraft so as to (i) commit a crime; or (ii) threaten and jeopardize the safety and security of civil aviation activities; or (iii) assault or endanger the crew, Passengers; or (iv) fail to comply with any instruction of the Pilot in command or the member of the crew on his behalf for assuring the safety of the aircraft, maintaining order and discipline on board; or (v) endanger property on board; or (vi) consume alcohol or drug; or (vii) smoke on board including in lavatory; or (viii) commit habits and customs, law and order; we may take such measures as we deem reasonably necessary to prevent continuation of such conduct. You may be disembarked, handed to the local competent authority and refused to carry in all your life or in a specified period at any point and may be prosecuted for offences committed on board the aircraft.

12.2. You are not allowed to consume alcohol aboard our aircraft unless it has been served to you by us. We have the right, at any time for any reason, to refuse to serve you alcohol or to withdraw alcohol which has been served to you.

12.3. If you conduct yourself in a manner described in Paragraph 12.1 above, you will indemnify us for all claims or losses, including, but not limited to, all costs arising from the diversion of the aircraft for the purpose of offloading you and all losses suffered or incurred by us, our Agents, employees, independent contractors, Passengers and any third party in respect of death, injury, loss damage or delay to other persons or to property, arising from your misconduct.

12.4. Electronic devices 

12.4.1. For safety or legal reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, MP3, cassette and CD players, electronic games, laser products, or transmitting devices including remote or radio controlled toys and walkie-talkies. If the use of these devices is permitted by us, it shall be strictly in accordance with Our Regulations. Operation of hearing aids and heart pacemakers is permitted.

12.4.2.  If you fail to comply with Paragraph 12.4.1, we reserve the right to retain such electronic devices until the termination of your flight or until such other time as we consider appropriate.

 

XIII.ARANGEMENTS FOR ADDITIONAL SERVICES

12.1. If, in our reasonable opinion, you conduct yourself aboard the aircraft so as to (i) commit a crime; or (ii) threaten and jeopardize the safety and security of civil aviation activities; or (iii) assault or endanger the crew, Passengers; or (iv) fail to comply with any instruction of the Pilot in command or the member of the crew on his behalf for assuring the safety of the aircraft, maintaining order and discipline on board; or (v) endanger property on board; or (vi) consume alcohol or drug; or (vii) smoke on board including in lavatory; or (viii) commit habits and customs, law and order; we may take such measures as we deem reasonably necessary to prevent continuation of such conduct. You may be disembarked, handed to the local competent authority and refused to carry in all your life or in a specified period at any point and may be prosecuted for offences committed on board the aircraft.

12.2. You are not allowed to consume alcohol aboard our aircraft unless it has been served to you by us. We have the right, at any time for any reason, to refuse to serve you alcohol or to withdraw alcohol which has been served to you.

12.3. If you conduct yourself in a manner described in Paragraph 12.1 above, you will indemnify us for all claims or losses, including, but not limited to, all costs arising from the diversion of the aircraft for the purpose of offloading you and all losses suffered or incurred by us, our Agents, employees, independent contractors, Passengers and any third party in respect of death, injury, loss damage or delay to other persons or to property, arising from your misconduct.

12.4. Electronic devices 

12.4.1. For safety or legal reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, MP3, cassette and CD players, electronic games, laser products, or transmitting devices including remote or radio controlled toys and walkie-talkies. If the use of these devices is permitted by us, it shall be strictly in accordance with Our Regulations. Operation of hearing aids and heart pacemakers is permitted.

12.4.2.  If you fail to comply with Paragraph 12.4.1, we reserve the right to retain such electronic devices until the termination of your flight or until such other time as we consider appropriate.

 

XIV.ADMINISTRATIVE FORMALITIES

14.1. GENERAL

14.1.1. You must check the relevant entry requirements for any country you are visiting; and present to us all required passport, visas, health certificates (if applicable) and other travel documents needed for your journey.

14.1.2. You must obey all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which you transit and our instructions.

14.1.3. We will not be liable to you in any form for issues relating to petition of your necessary passports, visas, health certificates and other travel documents; complying with all relevant laws, regulations, orders, demands, requirements, rules or instructions; or consequences incurred by you due to not having the necessary passports, visas, health certificates and other travel documents or having not obeyed all relevant laws, regulations, orders, demands, requirements, rules or instructions.

14.1.4. We are not liable to you in any forms for instruction or information given by our employees or Authorised Agents in connection with applying for necessary documents or visa or complying with laws, orders, requirements, regulations and instructions.

14.2. Travel document  
Prior to travel, you must present to us all documents regulated by laws, regulations, orders, requirements of concerning state, including passport, exit, entry and other documents. If required, you must allow us to take and retain copies of your passport or other equivalent travel documents. The documents shall be handed to crew member for safe custody until the end of the flight.  We reserve the right to refuse carriage if you have not complied with these requirements, or your travel documents do not appear to be in order.

 

14.3. Refusal of entry  
If you are denied entry into any country, you will be responsible to pay any fine, penalty or charge imposed against us by the Government concerned, any detention costs we are charged; the cost of transporting you from that country and any other costs we reasonably pay or agree to pay. The fare collected for carriage to the point of refusal or denied entry will not be refunded by us.

14.4. Passenger responsible for fines, detention costs, etc                                                      
If we are required to pay or deposit any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse us, any amount so paid or any expenditure so incurred. We may apply toward such payment or expenditure the value of any unused carriage on your Ticket, or any of your funds in our possession.

14.5. Customs or other official inspection                                      
If required, you shall attend inspection of your Baggage, by customs or other government officials. We are not liable to you for any loss or damage suffered by you in the course of such inspection or through your failure to comply with this requirement.

14.6. Security inspection 
You must allow us, government officials, airport officials, or other Carriers to carry out security screening of you and your Baggage