Conditions of carriage

In this Conditions of Carriage, the following terms shall have the meanings set forth below:

1.1. Our Branches mean our domestic and overseas branches.

1.2. We/Us/Our means Phu Quoc Sun Airways Company Limited.

1.3. Connecting Flight means the next flight providing transportation services under the same Ticket, a separate Ticket, or a Conjunction Ticket.

1.4. Convention means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929 (hereinafter referred to as the Warsaw Convention); the Warsaw Convention as amended at The Hague on 28 September 1955 (hereinafter referred to as the Warsaw Convention as amended at The Hague); the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal on 28 May 1999 (hereinafter referred to as the Montreal Convention); and any other applicable protocols, conventions, or laws in force.

1.5. Authorized Agent means a passenger sales agent appointed by us to sell air transportation services on our flights, and when authorized, on the flights of other Carriers.

1.6. Stopover means a deliberate stop in the Passenger’s journey at a point between the place of departure and the place of destination, as shown on the Ticket or in our schedules.

1.7. Force Majeure means unusual and unforeseeable circumstances beyond the control of either us or the Passenger, the consequences of which could not have been avoided even if all due care had been exercised.

1.8. Conditions of Contract mean those statements contained in or delivered with the Ticket, referred to in these Conditions of Carriage, and including notices or regulations of the Carrier.

1.9. Conditions of Carriage mean these Conditions of Carriage or those of another Carrier when applicable, forming part of the Air Carriage Contract and setting forth the terms and conditions under which the Carrier transports Passengers, Baggage, cargo, or mail by air.

1.10. Fare means the price of the Ticket including service charges and surcharges. Each published fare is accompanied by applicable fare conditions. Fares may be filed with the relevant Authorities when required.

1.11. Carrier means the airline issuing the Ticket and all airlines that undertake or perform carriage of the Passenger and/or the Passenger’s Baggage under the Ticket or perform any other services incidental to such air transportation.

1.12. Other Carrier means any Carrier other than us, whose airline designator code appears on the Passenger’s Ticket or Conjunction Ticket.

1.13. Passenger means any person, except members of the flight crew, who is carried or to be carried on an aircraft with our consent.

1.14. Baggage means the Passenger’s personal property and effects carried on the journey. Unless otherwise specified, Baggage includes both Checked and Unchecked Baggage of the Passenger.

1.15. Checked Baggage means Baggage of which we take custody and for which we have issued a Baggage Identification Tag, to be carried in the aircraft’s cargo hold.

1.16. Unchecked Baggage (or Carry-on Baggage) means any Baggage of the Passenger other than Checked Baggage, including all items the Passenger carries into the aircraft cabin and retains under their custody during the flight.

1.17. Contract of Carriage means the agreement between the Carrier and the Passenger under which the Carrier undertakes to transport the Passenger and Baggage to the destination and the Passenger agrees to pay the applicable Fare.

1.18. ICAO, or International Civil Aviation Organization, means the specialized agency of the United Nations responsible for establishing global aviation standards.

1.19. IATA, or International Air Transport Association, means the international trade association of the world’s airlines.

1.20. Flight Schedule means information including the point of departure, destination, scheduled departure time, and estimated arrival time.

1.21. Airline Designator Code means the two-letter or three-numeric code used to identify a specific Carrier.

1.22. Day means a full calendar day including all seven days of the week; provided that, for purposes of notice, the day upon which the notice is dispatched shall not be counted, and for purposes of determining the validity period of a Ticket, the day on which the Ticket is issued or the flight commences shall not be counted.

1.23. Authorities mean government agencies, regulatory bodies, or any organizations/persons authorized by such agencies or bodies.

1.24. Personal Data Protection Law includes the European Union General Data Protection Regulation (GDPR), the Government of Vietnam’s Decree No. 13/2023/ND-CP on Personal Data Protection effective from 01 July 2023, and other applicable Vietnamese laws and regulations concerning data protection in effect at the time of application.

1.25. Ticket Office means an official ticketing office established and operated by us, excluding any Authorized Agents.

1.26. Our Regulations mean the rules and regulations, other than these Conditions of Carriage and the Fare, issued by us and in effect on the date of commencement of carriage, governing the transport of Passengers and Baggage as set forth in these Conditions of Carriage.

1.27. SDR, or Special Drawing Right, is a unit of account established by the International Monetary Fund (IMF), based on the value of a basket of major currencies. SDR values fluctuate and are recalculated daily. These values are recognized by most commercial banks and published periodically in major financial journals as well as on the IMF website (www.imf.org).

1.28. Family Member means father, mother, brother, sister, spouse, and children.

1.29. Baggage Identification Tag means a document issued solely for the identification of Checked Baggage.

1.30. Damage includes death or bodily injury to a Passenger caused by an accident on board the aircraft or during embarking or disembarking operations. It also includes destruction, loss, or damage to Baggage occurring during air carriage, as well as damage caused by delay in the transportation of Passengers or Baggage.

1.31. Check-in Deadline means the time limit specified by the Carrier by which the Passenger must have completed check-in formalities and obtained a boarding pass.

1.32. Customer Service Hotline means our Customer Care Call Center as published on our Website and Mobile Application.

1.33. Itinerary/Receipt means the document or set of documents issued by us or our Authorized Agents to confirm the Passenger’s booking and payment, including the Passenger’s name, flight information, and other relevant details.

1.34. Flight Coupon means the portion of the Ticket that indicates particular points between which the Passenger is entitled to be carried, including the Carrier, flight number, date and time of travel, airports of departure and arrival, booking class, and reservation status.

1.35. Ticket means the Itinerary/Receipt (including the Flight Coupon) issued by us or our Authorized Agent, either in electronic or other form, evidencing the Passenger’s confirmed booking. The Baggage Ticket means the portion of the Ticket relating to the carriage of the Passenger’s Checked Baggage.

1.36. Conjunction Ticket means a Ticket issued to a Passenger in conjunction with another Ticket or Tickets, which together constitute a single contract of carriage.

1.37. Our Website and Mobile Application mean respectively the website: https://www.sunphuquocairways.com and the mobile app: Sun PhuQuoc.

2.1. General Provisions

2.1.1. Except as otherwise provided in Articles 2.2, 2.5, and 2.6, these Conditions of Carriage shall apply to all flights operated by Us and in any case where We have legal responsibility in relation to the Passenger and the Passenger’s flight.

2.1.2. These Conditions of Carriage shall also apply to carriage provided free of charge or at reduced fares, unless otherwise specified in Our Regulations published on Our Website and Mobile Application, notified through Our Customer Service Hotline, or stipulated in any relevant contract, permit, or Ticket.

2.1.3. These Conditions of Carriage and certain essential provisions directly related to the rights and obligations of the Passenger and of Us towards the Passenger are made publicly available, and the Passenger may request detailed information at any time.

2.1.4. These Conditions of Carriage and Our Regulations may be amended at any time, subject to approval by the competent governmental authorities. Any such amendments will be publicly announced on Our Website and Mobile Application.

2.1.5. The official language of these Conditions of Carriage is Vietnamese. In the event that translations of these Conditions of Carriage are available in other languages, the Vietnamese version shall prevail and be used for interpretation of the provisions herein.

2.2. Carriage To/From Canada or the United States

2.2.1. These Conditions of Carriage apply to transportation between points within the territory of Canada, and between a point within the territory of Canada and any point outside Canada, provided that such points are included in the applicable Tariff in effect in Canada.

2.2.2. These Conditions of Carriage do not apply to air transportation governed by the United States Federal Aviation Act of 1958.

2.3. Charter Flights

If the carriage is performed under a charter agreement, these Conditions of Carriage shall apply only when expressly referred to or incorporated in the Ticket or any other agreement with the Passenger.

2.4. Code-Share Flights

On certain flights, We may have code-share arrangements with other carriers, referred to as “Code-Share Flights.” This means that even if the Passenger books a flight with Us and holds a Ticket showing Our airline name or designator code as the carrier, the aircraft operating the flight may be operated by another carrier. Where such arrangements apply, We will inform the Passenger of the name of the operating carrier at the time of booking.

2.5. Governing Law

The governing law of these Conditions of Carriage is the law of Vietnam. For international carriage falling within the scope of the Convention, the provisions of the Convention shall apply.

In the event of any inconsistency or conflict between these Conditions of Carriage and the laws of Vietnam and/or the provisions of the Convention, the laws of Vietnam and/or the provisions of the Convention shall prevail, as applicable.

If any provision of these Conditions of Carriage is held invalid, the remaining provisions shall remain in full force and effect.

2.6. Precedence of the Conditions of Carriage

Unless otherwise provided herein, in the event of any inconsistency between these Conditions of Carriage and Our Regulations, these Conditions of Carriage shall prevail.

 

3.1. The Ticket constitutes evidence of the conclusion of a Contract of Carriage.

3.1.1. We will carry only those Passengers who possess a valid Ticket bearing their correct name, and the Passenger must present valid identification upon request.

3.1.2. The Passenger shall not transfer their Ticket to another person.

3.1.3. Tickets sold at reduced fares may not be refundable in whole or in part, except as provided in Article 3.1.4 or where otherwise required by applicable law.

3.1.4. If a Passenger holding a Ticket as described in Article 3.1.3 has not used any portion of the Ticket and is unable to commence travel due to Force Majeure, We shall consider refunding the Ticket, notwithstanding any “non-refundable” condition stipulated in Article 11, after deducting applicable service charges, provided that the Passenger is able to furnish satisfactory proof of such Force Majeure circumstances.

3.1.5. The Ticket shall at all times remain the property of the Airline that issued it.

3.1.6. Ticket Requirements  

A Passenger shall only be entitled to transportation on a flight upon presenting valid identification and a Ticket that is valid, unaltered, undamaged, not mutilated, counterfeit, or otherwise tampered with, and issued by Us or

Our Authorized Agent, and correctly issued in the name of the Passenger.

3.2. Ticket Validity

3.2.1. Unless otherwise specified on the Ticket, in these Conditions of Carriage, or in the applicable fare conditions (which may limit the validity period of the Ticket and shall be indicated on the Ticket), the Ticket shall be valid for:

3.2.1.1. one year from the date of issue; or

3.2.1.2. one year from the date of the first flight indicated on the Ticket, provided that the Ticket has been partially used and such departure occurs within one year from the date of issue.

3.2.2. If the Passenger is unable to commence travel within the validity period of the Ticket because We are unable to confirm a reservation at the time the Passenger requests it (and the Passenger is not at fault), the validity of the Ticket will be extended, or the Passenger may request a refund in accordance with Article 11.

3.2.3. If, after commencing the first sector, the Passenger is unable to continue travel within the validity period of the Ticket due to illness, We may extend the validity until the Passenger is fit to travel or until the first available flight after the Passenger’s recovery, from the point where the journey was interrupted, subject to seat availability in the class originally paid for. Such illness must be certified by an authorized medical authority. If the Ticket includes one or more stopovers, the validity may be extended for no more than three months from the date stated in the medical certificate. In this case, We may also extend the validity of the Tickets of accompanying family members upon request.

3.2.4. In the event of a Passenger’s death during Our flight, the Tickets of accompanying Passengers may be amended to waive restrictions and extend validity. In the event of the death of an immediate family member of a Passenger after travel has commenced, the validity of the Passenger’s Ticket and that of accompanying family members may be modified accordingly.

Such modifications shall be made upon receipt of a valid death certificate, and the extension of validity shall not exceed forty-five (45) days from the date of death.

3.3. Sequence of Flight Coupons on the Ticket

3.3.1. The Ticket purchased by the Passenger is valid for carriage as indicated on the Ticket, from the point of origin through the agreed Stopovers to the final destination. The fare paid by the Passenger is based on the applicable Service Fare for the journey shown on the Ticket, the specific fare type, and the associated fare conditions published on Our Website and Mobile Application, at Our Branch Offices,

or notified through Our Customer Service Hotline. This forms an essential part of Our Contract of Carriage with the Passenger. The Ticket will not be accepted and shall become invalid if the flight segments shown on the Ticket are not used in the sequence indicated.

3.3.2. If the Passenger wishes to change any aspect of the carriage, the Passenger must contact Us in advance. The applicable fare for the new journey will be recalculated, and the Passenger may choose either to accept the new fare or maintain the original carriage as ticketed. If the Passenger needs to change travel due to Force Majeure, the Passenger must contact Us as soon as possible, and We will make reasonable efforts to carry the Passenger to the next Stopover or the final destination without recalculating the fare.

3.3.3. If the Passenger fails to use the flight segments in the correct order as shown on the Ticket without Our prior consent, We will apply a new fare (if applicable) effective at the time of the change, with corresponding fare conditions applicable to the actual new journey. The Passenger shall be responsible for paying any difference between the fare originally paid and the total applicable fare for the revised itinerary. 

3.3.4. Passengers should note that some changes may not result in a fare difference, while other changes — such as flight date, flight number, service class, or routing — may lead to an increased fare. Many fares are valid only for the dates and flights indicated on the Ticket and may not be changed, or may only be changed upon payment of applicable change fees and/or fare differences as specified. The Passenger may contact Us or the issuing Agent to be informed of the additional amount payable for such changes.

3.3.5. The Passenger shall be accepted for carriage in the service class, on the date, and on the flight for which a reservation has been made. When a Ticket has been issued without a confirmed reservation, space may be booked later subject to Our applicable fare conditions and seat availability on the requested flight.

3.3.6. The Passenger should note that if they fail to appear for any flight without prior notice, We may cancel the reservation for their return or onward flights. However, if the Passenger informs Us in advance, We will not cancel the reservation for such flights.

3.4. Our Name and Address on the Ticket
Our name may be abbreviated on the Ticket. Our address shall be deemed to be the city or airport of departure indicated on the first flight segment of the Ticket.

 

4.1. A Stopover is a point at which the Passenger may voluntarily stop in accordance with the itinerary shown on the Passenger’s Ticket, as agreed and subject to the requirements of the relevant Authorities and the applicable fare conditions published on Our Website and Mobile Application, at Our Branch Offices, or notified through Our Customer Service Hotline.

4.2. A Stopover must be prearranged with the Carrier and indicated on the Ticket.

5.1. Service Fare

The Service Fare is the applicable rate for transporting passengers from the departure airport to the destination airport. The Service Fare may include certain flight segments operated by partners not contracted with us. If the Service Fare includes other services, passengers will be informed of these services and the associated conditions at the time of ticket purchase.

The Service Fare is published on our Website and Mobile Application, at our Branches, or at ticketing agencies at the time the passenger makes payment. Changes to the flight segment, travel date, or flight requested by the passenger may result in a change to the applicable Service Fare.

5.2. Taxes, Fees, and Charges

Taxes, fees, and charges are determined by the competent authorities or the airport operating organization and are not included in the Service Fare. Passengers are responsible for paying us, on behalf of these organizations, all applicable taxes, fees, and charges for the itinerary purchased. At the time of ticket purchase, passengers will be notified of taxes, fees, and charges outside the Service Fare, most of which are itemized on the ticket.

If passengers change their ticket resulting in increased taxes, fees, or charges, they are responsible for paying these amounts to us. If taxes, fees, or charges are changed and/or issued after the passenger has purchased the ticket, we will notify the passenger of the specific conditions applicable. If the passenger does not agree to pay these taxes, fees, and charges, they may request a ticket refund in accordance with Article 11.

5.3. Surcharges and Fees

Surcharges and fees are determined by Us or other Carriers.

Surcharges may include fuel surcharges, system administration surcharges, ticketing service surcharges, and insurance surcharges. Fuel surcharges and insurance surcharges apply only to international flights.

Fees may include ticket change fees, service processing fees, other service fees, and no-show fees.

Details of surcharges and fees are published on Our Website and Mobile Application, at Our Branches, or announced via the Customer Service Hotline.

Changes to flight segments in the itinerary or to travel dates and flights at the Passenger’s request may result in changes to the applicable surcharges.

5.4. Total Service Fare

The Total Service Fare includes the full amount payable by the passenger to purchase the ticket, including the Service Fare, taxes, fees, and charges.

5.5. Payment of Total Service Fare

We are not obligated to transport and reserve the right to refuse carriage of passengers and baggage if the passenger does not pay the full Total Service Fare and any supplementary charges.

5.6. Payment Currency

The Total Service Fare and supplementary charges are payable in the currency of the country where the ticket is issued or as selected by the passenger when accessing our Website and Mobile Application, unless another currency is specified by us or the designated agency at the time of payment or prior to payment (e.g., if the local currency is non-convertible). We may, at our discretion, accept payment in another currency in accordance with applicable law.

6.1. Reservation Conditions

6.1.1. We or Our appointed Agents will make reservations for Passengers. Upon request, We will provide reservation details to the Passenger.

6.1.2. Certain fare types are subject to restrictions and may not permit changes or cancellations of confirmed reservations. Passengers must review the applicable fare conditions prior to booking, and We shall not be liable for any error or omission made by the Passenger in this regard.

6.2. Ticketing Time Limit

If the Passenger fails to pay for the Ticket within the ticketing time limit notified by Us or Our appointed Agents, We reserve the right to cancel the reserved booking. A reservation is not considered confirmed until (1) the Ticket has been validly issued and recorded in Our database; and (2) the Passenger has paid for the Ticket in full (or has made credit arrangements with Us) within the applicable ticketing time limit as specified in these Conditions of Carriage and/or Our Regulations. Any reservation not complying with these requirements may be cancelled by Us.

6.3. Personal Data

We comply with data protection laws when collecting, processing, and storing Passenger data for the purpose of fulfilling the Contract of Carriage. For further information, and before confirming or proceeding with a booking transaction, please refer to Our Privacy Policy.

6.4. Advance Seat Selection

Passengers may select seats in advance free of charge or for a fee depending on the conditions of the purchased ticket. Seat selection fees are specifically published in Our fee schedule, which is publicly available on Our Website and Mobile Application, or announced at Our Branches or via the Customer Service Hotline, and are confirmed by Us at the time they arise. We will make every effort to ensure the seat selected by the Passenger; however, for safety, security, or operational reasons, We reserve the right to reassign the Passenger’s seat, even after boarding the aircraft.

Passengers seated in rows near emergency exits must meet requirements set by Us and the relevant authorities (which are clearly communicated during the service purchase process). If a Passenger does not meet these requirements, We reserve the right to reassign the seat without refund of the seat selection fee.

In other force majeure circumstances, We may reassign seats for Passengers. If the Passenger does not agree, We will refund the Passenger in accordance with Our procedures.

6.5. Seating

We will endeavor to assign seating in accordance with the Passenger’s prior request. However, We do not guarantee any particular seat on board. We reserve the right to allocate or reallocate seats at any time, including after boarding, whenever necessary for safety, regulatory compliance, or security and health reasons. We will make reasonable seating arrangements for Passengers requiring special assistance in accordance with applicable laws.

6.6. No-Show Fee

Unless the applicable Fare Conditions restrict refund eligibility, the Passenger may be required to pay a no-show fee if failing to occupy a reserved seat on a confirmed flight. The applicable fee is published on Our Website and Mobile Application, or notified at Our Branch Offices or via Our Customer Service Hotline, and confirmed by Us at the time of occurrence.

6.7. Special Services

6.7.1. We will make every effort to provide special services requested by Passengers at the time of booking, subject to Our operational capability. We will inform the Passenger if We are unable to provide the requested special service. A Passenger’s request for a special service may be confirmed immediately or after We verify operational conditions or after the Passenger completes any formalities required for acceptance of carriage. For requests made at the airport, We will assess service availability and notify the Passenger accordingly. Should We confirm that the requested pre-booked service cannot be provided, We shall not be liable for any loss or additional expense incurred by the Passenger in connection therewith.

6.7.2. If the Passenger requires mobility assistance or other special aid, they must notify Us in advance to allow appropriate arrangements: (i) at least 24 hours prior to departure for basic assistance services such as wheelchair support or aid for hearing- and visually-impaired passengers, and (ii) at least 72 hours prior for medical services (e.g., stretcher, oxygen supply). Failure to provide sufficient notice may limit Our ability to accommodate such requests, although We will make reasonable efforts to assist.

6.7.3. For safety reasons, We may require the Passenger to travel with an escort if the Passenger is unable to evacuate independently or cannot comprehend onboard safety instructions.

6.7.4. We reserve the right to refuse carriage of any Passenger requiring stretcher transport on any flight.

6.7.5. Passengers may be required to pay a service charge for certain special services. The applicable charges are published on Our Website and Mobile Application, or notified at Our Branch Offices or via Our Customer Service Hotline, and confirmed by Us at the time of booking the service.

6.7.6. The acceptance of unaccompanied minors, passengers with disabilities, ill or pregnant passengers, or other passengers requiring special assistance is subject to prior arrangements with Us and compliance with the carriage regulations published on Our Website and Mobile Application, or notified at Our Branch Offices or via Our Customer Service Hotline.

6.8. In-Flight Services

6.8.1. We may provide onboard equipment, entertainment programs, meals, or other in-flight services depending on service availability and flight duration. Passengers may be required to pay a service charge for certain in-flight services. The applicable service charges are published on Our Website and Mobile Application, or notified at Our Branch Offices or via Our Customer Service Hotline, and confirmed by Us at the time of booking.

6.8.2. If We are unable to provide a service for which the Passenger has paid, We will inform the Passenger and fulfill Our related obligations as published on Our Website and Mobile Application, or notified at Our Branch Offices or via Our Customer Service Hotline.

6.9. Reconfirmation of Reservation

6.9.1. Reconfirmation of reservations for subsequent flight segments may be required within a specific time frame. We will notify Passengers if reconfirmation is required and advise on the method and location to complete it. If the Passenger fails to reconfirm when required, We may cancel the onward reservation(s). However, if the Passenger informs Us of their intention to travel on a flight whose booking has been canceled and seats remain available in the original fare class, We will reinstate the reservation and carry the Passenger to the next destination or final point of the journey. If no seats are available in the original fare class, We will make reasonable efforts to transport the Passenger to the next or final destination, and a surcharge may apply. The applicable surcharge is published on Our Website and Mobile Application, or notified at Our Branch Offices or via Our Customer Service Hotline, and confirmed by Us at the time of occurrence.

6.9.2. Passengers must check the reconfirmation requirements of other Carriers involved in their itinerary. If reconfirmation is required, the Passenger must reconfirm directly with the Carrier whose airline designator code appears on the relevant flight segment of the Ticket.

6.10. Cancellation of Subsequent Segments

If a Passenger holding a round-trip Ticket or a multi-segment Ticket under one booking reference fails to take the outbound flight but wishes to use the return or subsequent segments, the Passenger must notify Us no later than 30 minutes after the scheduled departure time of the missed outbound flight. If We do not receive such notification, and/or the Passenger fails to inform Us within 30 minutes after departure, We may cancel the booking for the remaining flight segments.

7.1. Passengers must be present at the check-in counter and boarding gate at the specified times to complete all required formalities before the aircraft’s departure. We reserve the right to cancel a Passenger’s reservation if the Passenger fails to comply with the latest check-in deadline. Passengers are responsible for being aware of the check-in time requirements.

Check-in counter opening time:

• Domestic flights within Vietnam: 02 hours before the scheduled departure time.
• International flights: 03 hours before the scheduled departure time.

Check-in counter closing time (end of passenger acceptance):

• Domestic flights within Vietnam: 40 minutes before the scheduled departure time.
• International flights: 50 minutes before the scheduled departure time.

Check-in counter opening and closing times may vary depending on the airport and specific flight and will be publicly announced on Our Website, Mobile Application, or informed to Passengers at the time of Ticket purchase.

7.2. Passengers must be present at the boarding gate no later than the time stated on their Boarding Pass. We reserve the right to deny boarding if the Passenger is not present at the boarding gate by the gate closing time.

7.3. If the Passenger fails to comply with the above provisions, fails to present the required travel documents as stipulated in Article 14.2, or is not ready for travel, We reserve the right to cancel the Passenger’s reservation.

7.4. Self check-in: Depending on operational conditions, We may provide self check-in facilities. Specific conditions and instructions for using this facility are published on Our Website and Mobile Application and may be subject to change from time to time without prior notice.

7.5. We shall not be liable for any damages or expenses arising from the Passenger’s failure to comply with the provisions of this Article 7.

8.1. Refusal of Carriage

We reserve the right to refuse carriage of any Passenger and/or any of the Passenger’s Baggage (even if the Passenger holds a valid Ticket or Boarding Pass) in the following circumstances:

8.1.1. Such refusal is necessary to comply with applicable laws, regulations, or directives of any country or territory from, to, or over which the aircraft is operated; or

8.1.2. The Passenger refuses to provide the personal information and/or data required by the Authorities or necessary for Us to provide the products and services requested by the Passenger; or

8.1.3. The Passenger’s conduct, age, mental or physical condition: (i) requires special assistance that has not been arranged in advance; or (ii) is such that carriage or onward carriage would endanger the Passenger, other persons on board, or the safety of the flight; or (iii) may prevent the spread of infectious disease; or (iv) violates aviation safety, security, or operational regulations; or (v) causes disorder, endangers flight safety, or threatens the life, health, or property of others; or (vi) the Passenger is intoxicated or under the influence of substances impairing self-control; or (vii) for aviation security reasons as prescribed by the Civil Aviation Law of Vietnam; or (viii) at the request of competent authorities; or

8.1.4. The Passenger has previously committed acts of disturbance or theft on a flight and is likely to repeat such behavior; or

8.1.5. The Passenger refuses to undergo personal or baggage security screening, or after agreeing to screening, fails to respond satisfactorily to security questions at the check-in counter or boarding gate, fails a security risk assessment, tampers with or removes any security seals/tags on baggage or the Boarding Pass; or

8.1.6. The Passenger has not fully paid the Total Fare, surcharges as stated in Article 5 of these Conditions of Carriage, or any penalties, compensations, cumulative costs, or other financial obligations owed to Us; or

8.1.7. The Passenger does not possess valid travel documents, attempts to enter a transit or destination country without proper documentation, destroys travel documents during the flight, or refuses to surrender travel documents to the cabin crew upon request; or

8.1.8. The Passenger presents a Ticket that (i) is invalid; or (ii) was purchased from an unauthorized agent; or (iii) has been reported lost or stolen; or (iv) is a counterfeit; or (v) the Passenger cannot prove that they are the person named in the “Passenger Name” box. In such case, We may confiscate the Ticket; or

8.1.9. The Passenger fails to comply with Article 3.3 regarding the proper sequence of flight coupons, or the Ticket was not issued or altered by Us or an authorized Agent; or

8.1.10. The Passenger fails to comply with aviation safety or security instructions; or

8.1.11. The Passenger has previously violated or failed to comply with any of the above provisions; or

8.1.12. At the request of competent governmental authorities.

8.2. Refusal of Carriage or Removal from Aircraft

8.2.1. For flight safety and security reasons, We reserve the right to refuse carriage or cancel the unused portion of a Passenger’s Ticket in the following cases: (i) the Passenger causes disturbance; or (ii) is unable to control their behavior; or (iii) their physical or mental condition poses a threat to their own safety or life; or (iv) the Passenger has been refused entry; or (v) fails to comply with regulations or crew instructions at the airport or on board; or (vi) causes disorder or indiscipline at the airport or on board; or (vii) is a deportee without escort; or (viii) provides false or misleading information affecting aviation safety or security; or (ix) as required by the Civil Aviation Authority of Vietnam or foreign authorities.

8.2.2. We also reserve the right to issue a flight ban notice, either temporary or permanent, against the Passenger on all flights operated by Us. Such a ban prohibits the Passenger from purchasing Tickets or having Tickets purchased on their behalf. If the Passenger attempts to use Our services while the ban remains effective, We will refuse carriage.

8.3. Liability in Case of Refusal of Carriage

8.3.1. We shall not be liable for any damages or losses arising from a Passenger being refused carriage or onward transportation in accordance with Articles 8.1 and 8.2 above.

8.3.2. Conversely, We reserve the right to claim compensation from the Passenger for any costs related to claims or losses, including those arising from flight diversions resulting from the Passenger’s conduct, behavior, or condition as stipulated in Article 8.2.1, or as a consequence of refusal or termination of carriage.

8.4. Aircraft Weight/Seating Limitation

8.4.1. If the aircraft’s weight or seating capacity exceeds operational limits, We reserve the right to reasonably determine which Passengers or Baggage will not be carried.

8.4.2. Our liability toward Passengers holding confirmed reservations who are denied boarding shall be governed by Article 16.5.6 of these Conditions of Carriage.

8.4.3. Our liability toward Passengers whose Baggage is not carried despite confirmed reservations and timely check-in shall be governed by Article 9.6.3 of these Conditions of Carriage.

8.5. Guide Dogs

We may refuse carriage of a Passenger’s guide dog in any of the following cases:

8.5.1. The guide dog is not properly muzzled.

8.5.2. We are unable to arrange a space for the dog directly in front of the Passenger’s seat.

8.5.3. The location of the guide dog on board obstructs aisles or areas that must remain clear under safety regulations for emergency evacuation.

8.5.4. The guide dog shows behavior that poses a direct threat to the health or safety of other Passengers on board.

8.5.5. Insufficient proof is provided that the dog has been fully trained and certified as a guide dog.

8.5.6. Some or all of the requirements specified in this Article 8.5 may be modified or not applicable for Passengers traveling with guide dogs or other assistance animals to or from Europe or the United States. In such cases, Passengers should contact Us for further information.

9.1. Free Baggage Allowance

Passengers are entitled to a free baggage allowance in accordance with Our Regulations as indicated on the Ticket. The free baggage allowance must comply with the conditions and limitations published on Our Website and Mobile Application, or as notified at Our Branch Offices or via Our Customer Service Hotline.

9.2. Excess Baggage

Passengers shall pay a charge for any baggage exceeding the applicable free baggage allowance in accordance with the rates and methods published on Our Website and Mobile Application, or as notified at Our Branch Offices or via Our Customer Service Hotline.

9.3. Items Unacceptable as Baggage

9.3.1. Passengers must not include in their baggage the following items:

9.3.1.1. Items that do not qualify as baggage as defined in Article 1;

9.3.1.2. Articles or substances that are liable to endanger the aircraft, persons, or property onboard as specified in the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air and the IATA Dangerous Goods Regulations, and as prescribed in Our Regulations;

9.3.1.3. Items prohibited for carriage under the applicable laws and regulations of any State or Territory to or over which the aircraft is operated;

9.3.1.4. Dangerous goods prohibited or restricted for carriage by passengers or in baggage onboard the aircraft as prescribed by the Authorities and published on Our Website and Mobile Application.

9.3.2. Weapons, ammunition, and supporting devices are not accepted unless authorized by the competent authorities. Explosives, explosive materials, flammable substances, or any object that could be used as a weapon or pose a threat shall only be accepted as Checked Baggage in accordance with Our published regulations. Ammunition must be unloaded, safely packed, and stored in an appropriate cartridge box or magazine. All regulations regarding the transport of weapons, ammunition, and supporting tools issued by the airport authorities, ICAO, IATA, and Our Company must be strictly observed.

9.3.3. Passengers shall not include fragile or perishable items (e.g., fresh food, perishables), works of art, cameras, video recorders, money, jewelry, precious metals or stones, computers, electronic devices, negotiable papers, securities, business documents, samples, identification papers, or any other valuable or irreplaceable items in their Checked Baggage.

9.3.4. We shall not be liable for any damage or loss suffered by the Passenger arising from their inclusion of the items specified in Article 9.3 in their baggage, whether or not We had knowledge of such items.

9.4. Right to Refuse Carriage

9.4.1. We shall refuse to carry any baggage containing items specified in Article 9.3 and may refuse further carriage of such baggage upon discovery of these items.

9.4.2. We shall refuse carriage of baggage containing dangerous goods prohibited or restricted by Authorities as published on Our Website and Mobile Application.

9.4.3. For safety and security reasons, We may refuse to transport any baggage or articles, including baggage not owned by the Passenger or baggage partially owned by them. We shall not be liable for any loss or inconvenience resulting from such refusal.

9.4.4. If prior arrangements have not been made, We may refuse to carry the Passenger’s excess baggage on subsequent flights, even if payment for such excess has been made.

9.4.5. We may refuse to accept Checked Baggage if it is not properly packed in suitcases or suitable containers ensuring safe carriage and standard handling.

9.4.6. We and Our agents do not perform through-check of baggage to other airlines with which We have no interline agreement. Passengers connecting to or from flights operated by other airlines must verify whether We have such an interline agreement. If not, Passengers must collect their baggage and recheck it for the next flight. We are not liable for any loss or damage to the Passenger or their baggage on flight sectors not operated by Us.

9.5. Right of Inspection

9.5.1. We have the right to request security inspection of the Passenger and/or their baggage. If the Passenger is absent when requested, We may still inspect the baggage to determine whether it contains prohibited items under Article 9.3. Should the Passenger refuse inspection, We may deny carriage of the Passenger and/or their baggage. We shall not be liable for any loss or damage arising from screening or scanning processes unless due to Our fault.

9.5.2. We shall not be liable for items seized by Authorities in accordance with international or local regulations, even if such items are subsequently retained or destroyed.

9.6. Checked Baggage

9.6.1. We are responsible for the custody of Checked Baggage once accepted and for issuing a Baggage Identification Tag for each item checked.

9.6.2. Each piece of Checked Baggage must bear the Passenger’s name or other personal identification marks.

9.6.3. Checked Baggage will, whenever possible, be carried on the same aircraft as the Passenger unless for safety, security, or operational reasons We decide otherwise. In such cases, the baggage will be transported on a subsequent flight and returned to the Passenger unless customs regulations require the Passenger’s presence for clearance.

9.6.4. The maximum weight per piece of Checked Baggage is 32 kg (70 lb), and the maximum total dimensions are 203 cm. Any baggage exceeding these limits must be repacked into smaller units before acceptance. We will not accept improperly repacked baggage. We are not liable for: (i) damage due to non-compliance with weight or packing requirements, or (ii) refusal to carry overweight baggage.

9.6.5. Baggage exceeding 32 kg (70 lb) or 203 cm in total dimensions shall only be accepted if prior notification is made and We have agreed at the time of reservation.

9.7. Cabin Baggage

9.7.1. Cabin baggage must comply with size and weight restrictions published on Our Website and Mobile Application. If the baggage exceeds such limits or due to safety or stowage capacity concerns, it shall be transported as Checked Baggage.

9.7.2. Items unsuitable for carriage in the cargo hold (e.g., musical instruments) and not meeting the conditions of Article 9.7.1 may be carried in the cabin only with Our prior consent, subject to applicable charges.

9.8. Baggage Delivery

9.8.1. Passengers must collect their baggage promptly upon arrival at the baggage claim area. Unclaimed baggage held beyond three (3) days may incur storage charges. Baggage unclaimed after thirty (30) days may be disposed of without liability. Perishable baggage may be disposed of sooner.

9.8.2. The person entitled to collect baggage shall be the one named on the Ticket and Baggage Tag.

9.8.3. If the Passenger requests baggage release without presenting the Ticket and Baggage Tag, We may deliver the baggage only upon satisfactory proof of ownership, including: Passenger name, flight number, travel date, baggage tag number, and number of baggage pieces.

9.8.4. Acceptance of baggage by the Passenger without immediate complaint constitutes sufficient evidence that the baggage was delivered in good condition and in accordance with the contract of carriage.

9.9. Animals

We accept the carriage of domestic animals (dogs, cats, birds) under the following conditions:

9.9.1. Animals must be properly crated or caged and accompanied by valid veterinary health and vaccination certificates, entry/exit permits, and other required documents of the countries of departure, transit, and arrival. Transport may also be subject to Our other applicable regulations.

9.9.2. For safety reasons, We do not accept the carriage of certain breeds of animals. Information on prohibited species is published on Our Website and Mobile Application.

9.9.3. If accepted as baggage, animals together with their containers and food are not included in the Passenger’s free baggage allowance but are charged as excess baggage as per Article 9.2. Animals must be transported in appropriate containers in the aircraft cargo hold except as provided in Articles 9.9.6 and 9.9.7.

9.9.4. Animals are accepted on the condition that the Passenger assumes full responsibility for them. We are not liable for injury, loss, delay, sickness, or death of animals during transport unless caused by Our fault.

9.9.5. We are not liable if an animal is refused entry or transit through any State, Country, or Territory.

9.9.6. Guide dogs accompanying visually or hearing-impaired Passengers, including their containers and food, are carried free of charge in addition to the free baggage allowance, subject to Our published regulations.

9.9.7. Pets permitted in the passenger cabin are subject to limits on weight, number, and size as per Our regulations and depending on service class and route. Passengers must not remove pets from their containers during flight. If deemed necessary for flight safety or passenger comfort, We may require that the pet be transported in the aircraft hold.

10.1. Flight Schedule

10.1.1. The flight schedules displayed in the timetable are subject to change during the period from the date of publication to the actual date of travel of the Passenger. We do not guarantee the flight schedule, and the flight schedule shall not form part of the contract of carriage between the Passenger and Us.

10.1.2. Before accepting a Passenger’s booking, We or Our authorized Agents shall inform the Passenger of the applicable flight schedule at that time, and such information shall be shown on the Passenger’s Ticket. When necessary, We may change the flight schedule after the Ticket has been issued and/or cancel, terminate, alter, or divert the flight, reschedule, delay any flight, or change the aircraft or points of stopover if deemed reasonable to accommodate circumstances beyond Our control and for safety or commercial reasons. If the Passenger has provided Us with contact details, We shall, to the extent possible within Our responsibility, inform the Passenger of any changes to the flight schedule. After the Ticket has been purchased, if We make a change to the flight schedule that the Passenger does not accept, and We are unable to arrange a suitable alternative flight in accordance with the Passenger’s requirements, the Passenger shall be entitled to an involuntary refund in accordance with Article 11.

10.2. Flight Delays, Cancellations, and Denied Boarding

10.2.1. We shall take all necessary measures to avoid delays in the carriage of Passengers and their Baggage. In implementing such measures and to prevent flight cancellations, if necessary, We may arrange for the flight to be operated by another aircraft or another Carrier.

10.2.2. In the event of a flight delay, cancellation, or denied boarding, at the Passenger’s option, We shall:

10.2.2.1. Provide and update full information to the Passenger through appropriate means; offer meals and beverages; and arrange suitable accommodation and rest facilities in accordance with the Passenger service quality standards at the airport as stipulated by the Competent Authority;

10.2.2.2. Re-route the Passenger or transfer to another flight: for flights delayed by 02 hours or more, within the scope of Our transport service, We shall re-route the Passenger to reach the final destination of the itinerary, exempting any conditions or surcharges relating to re-routing or flight change (if any);

10.2.2.3. Provide non-refundable advance compensation to the Passenger as prescribed by the Competent Authority (if applicable);

10.2.2.4. Refund the Ticket to the Passenger in cases where the flight is delayed by 05 hours or more. The refund shall be made in accordance with Article 11 of these Conditions of Carriage;

10.2.2.5. Perform other obligations as required by the Competent Authority (if applicable).

10.2.3. In cases where the flight delay or cancellation is not attributable to Our fault, We shall be exempted from performing the obligations stipulated in Articles 10.2.2.2, 10.2.2.3, and 10.2.2.4 of these Conditions of Carriage. However, We shall make every effort to provide the best possible assistance to Passengers under the circumstances.

11.1. Voluntary Refunds

We shall refund the full Ticket or the unused portion of the Ticket if the Passenger has purchased a Fare type that is not restricted from refund, in accordance with the following provisions:

11.1.1. Except as otherwise provided in this Article, We shall make refunds to the person named on the Ticket or to the person who paid for the Ticket, provided that the person requesting the refund presents valid identification as required by law, a duly authorized power of attorney verified by a competent authority, and the relevant transportation documents.

11.1.2. If the Ticket was paid for by someone other than the person named on the Ticket, and We have indicated on the Ticket a restriction on refund, We shall make the refund only to the person who paid for the Ticket or upon that person’s written request.

11.1.3. A refund made to the person presenting the unused Ticket and meeting the conditions set out in Article 11.2.1 or 11.2.2 shall be deemed a proper refund, and We shall be released from any further liability or claim by the Passenger or any other person in respect of such refund.

11.1.4. We shall not refund the full Ticket or the unused portion of the Ticket if the Passenger has purchased a Fare type with refund restrictions, except as otherwise provided (i) in this Article, or (ii) in accordance with applicable laws.

11.1.5. In such cases, We shall refund only applicable unused taxes, fees, and charges that are refundable, less a certain administrative fee depending on the market or sales channel, as notified at Our Branch Offices, Ticketing Offices, or Customer Service Centers at the time of Ticket purchase and/or refund.

11.2. Involuntary Refunds

If, due to Our fault, We cancel a flight, fail to operate a flight reasonably according to schedule, do not serve the Passenger’s destination or stopover indicated on the Ticket, fail to provide a confirmed seat, or cause the Passenger to miss a connecting flight with confirmed reservation, the refund shall be as follows:

11.2.1. If the Ticket has not been used at all, the refund shall be equal to the total fare paid by the Passenger.

11.2.2. If the Ticket has been partially used, the refund shall not be less than the difference between the total fare paid and the applicable fare for the portion of the journey already used.

11.2.3. Any refund restrictions, service charges, or no-show penalties shall be waived.

11.2.4. Once the Passenger has accepted the refund in such cases, the Contract of Carriage between Us and the Passenger shall be terminated.

11.3. Refund Amount

If a Passenger requests a refund for reasons other than those stated in Article 11.2, the refund shall be as follows:

11.3.1. If the Ticket has not been used at all, the refund shall be the total fare paid by the Passenger less any applicable service charges or no-show fees;

11.3.2. If the Ticket has been partially used, the refund shall be the difference between the total fare paid and the applicable fare for the portion of the journey already used, less any applicable service charges or no-show fees.

11.3.3. Ticket change fees, special service charges, sales-related surcharges, and Passenger service surcharges shall not be refundable and shall not be included in the refund amount.

11.4. Refund for Lost Tickets

11.4.1. If all or part of a Ticket is lost, and the Passenger provides satisfactory proof of loss and agrees to pay the applicable service fee, a refund shall be made after the Ticket has expired, provided that:

11.4.1.1. The lost Ticket or portion thereof has not been used, refunded, or exchanged, unless due to Our fault the lost Ticket has been used, refunded, or exchanged to another person;

11.4.1.2. The person receiving the refund must complete Our prescribed form and undertake to repay Us the refunded amount in case of fraud and/or if the lost Ticket or any portion thereof is subsequently used by another person, unless due to Our fault the lost Ticket has been used by another person.

11.4.2. If We or Our authorized Agent are responsible for the loss of all or part of a Ticket, the handling of the lost Ticket shall be Our responsibility.

11.5. Right to Refuse Refund

11.5.1. We may refuse to make a refund if the request is made after the Ticket’s validity period has expired.

11.5.2. We may refuse to refund if the Ticket has been presented to Us or to government authorities of a country as evidence of the Passenger’s intention to depart from that country, unless the Passenger can satisfactorily prove that they are permitted to remain or depart from that country by another Carrier or by other means of transportation.

11.5.3. We may refuse to make a refund in cases provided under Article 8.2.1.

11.6. Currency of Refund

Refunds shall be subject to the regulations of the government of the country where the Ticket was originally purchased and of the country where the refund is made. Refunds are normally made in the same currency used to purchase the Ticket, or in another currency in accordance with the local government’s regulations at the place of refund.

11.7. Person Authorised to Refund

Voluntary refunds shall be made only by the Carrier that issued the Ticket or by its authorized Agents.

 

12.1. Onboard the aircraft, if a Passenger commits any of the following acts: (i) commits a criminal offense; (ii) threatens or endangers aviation safety or security; (iii) assaults or threatens crew members or other Passengers; (iv) fails to comply with the instructions of the Pilot-in-Command or any crew member acting on behalf of the Pilot-in-Command concerning the safety of the aircraft or the maintenance of order and discipline onboard; (v) damages aircraft equipment or property; (vi) uses narcotics; (vii) smokes on board the aircraft, including in the lavatories; (viii) commits acts contrary to public order, decency, or good morals — We shall take all necessary security measures to prevent the continuation of such acts. We reserve the right to require the Passenger to disembark and hand the Passenger over to the competent airport authority at the point of departure or arrival, to permanently or temporarily refuse carriage of the Passenger on any flights operated by Us, or to request prosecution in accordance with applicable laws.

12.2. Passengers are not permitted to consume alcoholic beverages onboard Our flights unless such beverages are served by Us. We reserve the right to refuse service or remove any alcoholic beverages that have been served to the Passenger.

12.3. If a Passenger violates the provisions set forth in Article 12.1, We reserve the right to claim compensation from the Passenger for any damages arising from the Passenger’s misconduct, including costs related to emergency landings, personal injury, property damage, and any other losses suffered by Us, Our agents, employees, service providers, other Passengers, or third parties.

12.4. Electronic Devices

12.4.1. For safety reasons, Passengers are not permitted to use electronic devices onboard the aircraft, including but not limited to mobile phones, laptop computers, audio recorders, radios, MP3 players, CD players, electronic games, laser devices, or any signal-transmitting equipment such as remote-controlled toys and portable transmitters/receivers (walkie-talkies), unless authorized by Us. In cases where We grant permission, the use of such devices must strictly comply with Our regulations as communicated during the inflight safety video, cabin crew announcements, and the safety instruction card located at each Passenger seat. Hearing aids and pacemakers are permitted for use onboard.

12.4.2. If a Passenger fails to comply with the provisions of Article 12.4.1, We reserve the right to confiscate such electronic devices until the end of the flight.

13.1. Unless otherwise specified by Us, We do not operate, maintain, or provide any ground transportation services between airports or between an airport and any other location. We shall not be liable for the operation of such services provided by other operators, even in cases where Our employees or agents assist Passengers in using such services.

13.2. If We arrange for a Passenger to receive any services from a third party that are not air transport services, including but not limited to ground, rail, or maritime transportation, or if We issue a ticket or service voucher relating to such transportation or services (other than air carriage) provided by a third party — for example, hotel reservations or car rentals — this shall be deemed to mean that We act solely as an agent for the Passenger in dealing with such third party. The terms and conditions of the relevant third-party service provider shall apply, and We shall have no liability whatsoever to the Passenger in respect of such services, including any decision by the third-party provider to cancel or refuse to provide services to the Passenger, except where such liability arises directly from Our fault.

13.3. If We provide road, rail, or sea transport services directly to the Passenger, other specific conditions may apply to such transportation.

13.4. The Passenger shall bear all costs and expenses other than those included in the Service Fare.

14.1. General Provisions

14.1.1. Passengers shall familiarize themselves with the regulations applicable to exit, entry, and transit of any country from, into, or through which they intend to travel, and shall present to Us their passports, visas, health certificates (if required), and other necessary identification documents.

14.1.2. Passengers must comply with all laws, regulations, orders, decrees, requirements, and conditions of the countries having points of departure, arrival, or transit.

14.1.3. We shall not be liable in any way for any loss or expense arising from a Passenger’s (i) failure to possess the required documents such as passports, visas, health certificates, or other documents; (ii) possession of expired or invalid passports, visas, health certificates, or other documents; or (iii) failure to comply with applicable laws, regulations, orders, requirements, or instructions.

14.1.4. To assist Passengers, Our employees or appointed Agents may provide guidance or information related to obtaining necessary documents or visas, or complying with laws, regulations, orders, requirements, or instructions. Such guidance or information is provided for reference only.

14.2. Travel Documents

Prior to departure, Passengers must present to Us all documents required by the laws, regulations, orders, requirements, or conditions of the relevant countries, including passports, travel permits, or other valid travel documents for exit, entry, or transit. If We so request, Passengers shall permit Us to retain and copy their passports or other equivalent identification documents. These documents may be held and safeguarded by a crew member until the end of the flight. We reserve the right to refuse carriage if the Passenger fails to comply with these requirements or if any travel document appears to be invalid.

14.3. Refusal of Entry

If a Passenger is refused entry into a country, the Passenger shall bear all fines or charges imposed on Us by the relevant authorities, as well as any costs related to detention, transportation out of the country, and any other reasonable expenses incurred or to be incurred by Us. We shall not refund the fare paid for carriage to the point where entry was refused or from which deportation occurred.

14.4. Passenger’s Responsibility for Fines and Detention Costs

If We are required to pay or deposit any fine or incur any expense due to the Passenger’s failure to comply with the laws, regulations, orders, or travel conditions of any relevant country, or due to the Passenger’s failure to possess required documents, the Passenger shall reimburse Us for any amount paid or to be paid. We may apply towards such payment any fare paid by the Passenger for unused portions of travel or any other amount held by Us on behalf of the Passenger.

14.5. Customs Inspection

Upon request, Passengers must be present for inspection of their Baggage by customs officers or other government authorities. We shall not be liable for any loss or damage arising from such inspection or from the Passenger’s failure to comply with these requirements, except where such loss or damage is caused by Our fault.

14.6. Security Inspection

Passengers and their Baggage are subject to security screening by Us, government officials, airport authorities, or other Carriers. We shall not be liable for any damage arising from such security screening, unless caused by Our fault, or from the Passenger’s failure to comply with these requirements.

Carriage performed according to the itinerary specified on a Ticket, or on consecutive Tickets issued by successive Carriers, shall be considered as a single operation.

16.1. Applicable Laws

16.1.1. These Conditions of Carriage and the Applicable Laws govern Our liability towards Passengers. In cases where the Passenger’s journey involves carriage by another Carrier, the liability of such Carrier shall be determined by the Applicable Laws, unless otherwise provided in these Conditions of Carriage or the respective terms of carriage of that Carrier. Such Carriers may apply lower liability limits.

16.1.2. The Applicable Laws may include the Convention and/or national laws of each respective country.

16.1.3. We shall be liable only for damage occurring on flights operated by Us or on flights for which We are legally responsible to the Passenger. If We issue a Ticket or check Baggage for carriage on another Carrier’s flight, We act only as an agent for that Carrier.

16.1.4. This Article 16 establishes the limits of liability and summarizes the rules applied by Us under the Convention and the Applicable Laws. In the event of any inconsistency between this Article and the Convention or Applicable Laws, the Convention or Applicable Laws shall prevail.

16.2. Liability for Death or Bodily Injury of Passengers

Our liability for proven damages sustained by a Passenger in the event of death, wounding or any other bodily injury resulting from an aircraft accident arising out of or in connection with carriage performed by Us shall be determined in accordance with the rules and limits of the Applicable Laws and the following provisions:

16.2.1. Our liability limit per Passenger in the event of death or bodily injury shall be as provided under the Convention. We shall not be liable for damages exceeding such limits if We prove that:

(a) Such damage was not due to Our negligence or other wrongful act or omission, or that of Our employees or agents; or

(b) Such damage was solely due to the negligence or other wrongful act or omission of a third party.

16.2.2. We are liable only for damage sustained by a Passenger occurring on board the aircraft or in the course of embarking or disembarking. If the damage was caused or contributed to by the Passenger’s own negligence, Our liability may be reduced or excluded accordingly.

16.2.3. We shall make an advance payment to the Passenger or to the person entitled to claim compensation, in accordance with Our policy and applicable law. Such advance payment shall not constitute recognition of liability and shall be deductible from any final compensation payable.

16.2.4. For journeys having an agreed stopping place, point of origin, or destination in the United States of America, the liability limits prescribed by the Convention shall apply.

16.2.5. Nothing in these Conditions of Carriage shall be deemed to affect the rights or obligations of any Carrier with respect to any claim made by a person who has willfully caused death, injury, or bodily harm to a Passenger.

16.2.6. The names of participating Carriers in any interline or codeshare agreement mentioned herein are available at the offices of such Carriers and may be inspected upon request.

Each Carrier participating in such agreements does so independently and is responsible solely for the carriage it performs. No Carrier shall be liable for the carriage performed by any other Carrier.

16.3. Our Liability for Baggage

16.3.1. We are not liable for damage to Cabin Baggage (except for damage resulting from delay as provided in Article 16.4 below) unless such damage is caused by Our fault or that of Our authorized agents.

16.3.2. We shall not be liable for damage arising from the inherent defect, quality, or vice of the Baggage. Likewise, We shall not be liable for reasonable wear and tear or minor damage resulting from normal handling during air transportation.

16.3.3. Our liability for destruction, loss, damage, or delay of Baggage (including both Cabin and Checked Baggage) shall be subject to the limits set forth in the Convention. In cases of partial loss or damage, Our liability shall be limited to the weight or number of the missing or damaged pieces, regardless of the declared value of any part thereof.

16.3.4. Compensation for Baggage damage shall be based on actual loss proven by the Passenger and shall not exceed Our liability limits. The Passenger bears the burden of proving such actual damage.

16.3.5. The above liability limits shall not apply if the Passenger proves that the damage to Baggage resulted from Our act or omission, or that of Our representatives:

16.3.5.1. Done with intent to cause damage; or

16.3.5.2. Recklessly and with knowledge that damage would probably result, provided such acts or omissions occurred in the course of employment.

16.3.6. If the Passenger’s journey is subject to national law, the liability limits of that law shall apply to Checked and Cabin Baggage.

16.3.7. If the Passenger’s journey is not subject to the Convention and no national law establishes liability limits, the limits under Article 16.3.3 shall apply.

16.3.8. If the weight/number of pieces of Baggage is not recorded on the Baggage Ticket, it shall be deemed not to exceed the applicable Free Baggage Allowance for the Passenger’s service class, as published on Our Website and Mobile Application.

16.3.9. We are not liable for delay-related damage to Baggage if We prove that (i) We and Our agents took all reasonable measures to avoid the damage, or (ii) it was impossible for Us or Our agents to take such measures.

16.3.10. We shall not be liable for injury to Passengers or damage to Baggage caused by items contained in the Passenger’s Baggage. The Passenger shall indemnify Us for all losses and expenses resulting therefrom.

16.3.11. We are not liable for damage to items prohibited under Article 9.3 contained in Checked Baggage, including fragile or perishable items, keys, works of art, cameras, video equipment, money, jewelry, precious metals or stones, medicines, dangerous goods, computers, electronic devices, negotiable papers, securities, business documents, samples, personal identification documents, or other valuable items unless declared as High Value Baggage and accepted by Us for carriage.

16.3.12. We are not liable for damage to Baggage resulting from the Passenger’s failure to comply with Article 9.4.6, including failure to collect, recheck, or re-tag Baggage for transportation on another Carrier with which We have no interline agreement.

16.3.13. We are not liable for damage to Baggage unless caused by Our fault. If the Passenger contributed to the damage, liability shall be apportioned according to the Applicable Law.

16.4. Our Liability for Passenger Delay

16.4.1. Our liability for damage caused by Passenger delay shall be limited in accordance with the Convention.

16.4.2. Whether or not the Convention applies, We are not liable for damage due to delay if We prove that (i) We and Our agents took all reasonable measures to avoid such damage, or (ii) it was impossible for Us and Our agents to take such measures.

16.5. General Provisions

To the extent not inconsistent with the foregoing provisions, and whether or not the Convention applies:

16.5.1. We are liable for compensation only in cases of death or injury resulting from an accident occurring on board the aircraft or during the operations of embarking or disembarking.

16.5.2. We are liable only for damage occurring on Our own flights. If We issue a Ticket or check Baggage for a Passenger traveling on another Carrier’s flight, We act solely as an agent for that Carrier.

16.5.3. We are not liable for any damage arising from Our compliance with, or the Passenger’s failure to comply with, any applicable laws, regulations, orders, or governmental requirements.

16.5.4. Unless otherwise provided herein, Our liability is limited to actual, proven damages in accordance with the Applicable Laws.

16.5.5. If a Passenger is carried in a physical or mental condition or of an age that poses a risk to themselves, We shall not be liable for any illness, injury, disability, or death resulting therefrom.

16.5.6. If a Passenger with a confirmed reservation is denied boarding or not provided the confirmed service class, We shall be liable only for reasonable expenses for accommodation, meals, communication, and transportation to/from the airport, as well as any compensation as published on Our Website and Mobile Application.

16.5.7. Any exclusion or limitation of Our liability shall apply equally to Our employees, agents, and representatives, as well as to the owners and operators of aircraft used by Us. The total amount recoverable from Us and such persons shall not exceed the applicable limits of liability under these Conditions of Carriage and the relevant Applicable Laws.

16.5.8. Except as otherwise provided herein, nothing in these Conditions of Carriage shall waive any exclusion or limitation of Our liability available under the Convention or the Applicable Laws.

16.5.9. We are not liable for any damage caused by Force Majeure events beyond Our control, including but not limited to natural disasters, war, or strikes.

17.1. Time Limit for Baggage Claims

17.1.1. Acceptance of Baggage by the Passenger without complaint at the time and place of delivery shall constitute prima facie evidence that the Baggage has been delivered in good condition and in accordance with the Contract of Carriage, unless the Passenger can provide clear evidence to the contrary.

17.1.2. Written Notice of Complaint

Before any legal action may be initiated regarding loss, shortage, damage, or delay of Checked Baggage, the person entitled to delivery of such Baggage must submit a written complaint to Us.
A written complaint shall be accepted only if it is submitted to Us by the person entitled to delivery of the Baggage within the following time limits:

17.1.2.1. Within seven (07) days from the date of receipt of the Baggage in cases of shortage or damage to the Baggage.

17.1.2.2. Within seven (07) days from the date on which the Baggage should have been received in cases of total loss of one or more pieces of Baggage.

17.1.2.3. Within twenty-one (21) days from the date the Baggage has been received in cases of delay in the transportation of Baggage.

17.2. Limitation Period for Legal Action

The right to bring an action for damages against Us arising from injury to a Passenger or loss, damage, or delay of Baggage shall be extinguished if not brought within two (02) years, counted from the date of arrival of the aircraft at the destination, the date on which the aircraft ought to have arrived, or the date on which the carriage was terminated, whichever is later. The method of calculating such time shall be determined by the law of the court where the case is filed.

18.1. This Conditions of Carriage and the Carrier’s Regulations may be amended or supplemented at any time. Any amendment or supplement to this Conditions of Carriage shall be duly registered with the Competent Authority and published on Our Website and Mobile Application immediately after receiving approval from such Authority. This Conditions of Carriage shall take effect three (03) days from the date of publication.

18.2. This Conditions of Carriage shall apply to journeys operated from 1 November 2025, in accordance with the provisions and validity of the applicable Convention.

18.3. No employee, servant, or agent of Ours has the authority to alter, modify, or waive any provision of this Conditions of Carriage.

Our rights and obligations in the carriage of Passengers and their Baggage shall also be governed by other applicable laws and regulations.