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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.