CONDITIONS OF CARRIAGE
ARTICLE 1. DEFINITIONS AND INTERPRETATION
1.1 In these Conditions, these particular terms and expressions have the following meanings (the terms and expressions are arranged in alphabetical order):
Tariff means our fares and charges published electronically or on paper and conditions applicable thereto.
Carrier’s Regulations means rules, other than these Conditions of Carriage, published by us and being in effect from time to time governing carriage of Passenger and/or Baggage and available at our offices, check-in counters and on our Website.
Journey means a single flight from one airport to another airport.
Seat means a seat in our aircraft.
We, our, ourselves, us and Carrier means Vietnam Travel Airlines Limited Liability Company (Vietravel Airlines).
Connecting flight refers to a subsequent flight providing onward travel on the same ticket, on another ticket, or on a conjunction ticket.
Baggage Check means a document issued to the Passenger by us as a receipt for Checked Baggage and which relates to the carriage of Checked Baggage and includes the Baggage Identification Tag.
Convention means whichever of the followings applies:
- The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (the Warsaw Convention),
- The Warsaw Convention as amended at The Hague on 28 September 1955,
- The Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975),
- The Guadalajara Supplementary Convention (1961),
- The Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Montreal 28 May 1999 (the Montreal Convention),
- Any other applicable protocols or conventions and any enabling legislation.
Authorized Agent refers to a passenger sales agent who we have appointed to represent us in selling our air transportation services and, when authorized, the air transportation services of other air carriers.
Booking means the details which we or our authorized agent have entered in our system relating to a journey to be made by you or someone for whose travel you are paying.
Stopover refers to a scheduled stop on your journey at a point between the place of departure and the place of destination.
Force majeure refers to unusual and unforeseen circumstances which occur in an objective manner beyond our or your control and the consequences of which cannot be avoided by all possible necessary measures being taken.
Conditions of Carriage means these conditions of carriage and includes the applicable Tariffs in force from time to time and the key Conditions of Carriage as set out in the Itinerary.
Flight Interruption Manifest (FIM) is a document issued as a substitute ticket coupon when the passenger's original travel is disrupted by schedule change, overbooking, or cancellation.
Other carriers refer to any carriers other than us. Their codes are shown on your ticket or conjunction ticket.
Cargo means any property that is transported or is to be transported in the cargo holds of aircraft under an air waybill other than mails, baggage and properties of the Carrier. However, baggage being transported under an air waybill is cargo.
Passenger means any person, except members of the crew, carried or to be carried in an aircraft with our consent.
Contract of carriage is an agreement between the Carrier and the shipper, in which the Carrier is obliged to transport cargo to the specified destination and deliver cargo to the consignee, the shipper shall pay the service prices.
Baggage or Luggage means your personal property accompanying you in connection with your trip. Unless otherwise specified, it includes both your Checked and Unchecked Baggage.
Checked Baggage means that part of your Baggage (if any) which we have taken into our custody for carriage in the hold of the aircraft and for which we have issued a Baggage Identification Tag or Baggage receipt or both.
Cabin Baggage (sometimes referred to as carry-on or unchecked baggage) means any of your Baggage other than Checked Baggage you take your Cabin Baggage into the cabin of the aircraft with you.
Contract of carriage is an agreement between the Carrier and the shipper, in which the Carrier is obliged to transport cargo to the specified destination and deliver cargo to the consignee, the shipper shall pay the service prices.
Consignment, except as otherwise provided herein, one or more packages, or bundles of cargo accepted by the Carrier from one the shipper at one time and at one address, receipted for in one lot and under a single air waybill, for transport to one the consignee at one destination address.
Booking Reference means the reference issued by us or our authorized agent which appears on your Ticket or Itinerary and which identifies the Booking you have made with us.
Days means calendar days, including all seven (7) days of the week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted.
The shipper is the person who named on the air waybill, the party that signs the contract of carriage with the carrier for the carriage of the cargo, the validity period of the ticket does not include the date of ticket issue or the date of departure of the itinerary.
Consignee is the customer, whose name appears on the air waybill, as the party to whom the shipment is to be delivered by the Carrier.
The carrier means Viet Nam Travel Airlines Company Liability Limited (Vietravel Airlines) which issuing the air waybill and all carriers that carry or undertake to carry the cargo or perform any other services related to such carriage.
Authority refers to governmental agencies, specialized management agencies or any authorized organizations/individuals.
Carrier’s Regulations means rules, other than these Conditions of Carriage, published by us and being in effect from time to time governing carriage of Passenger and/or Baggage and available at our offices, check-in counters and on our Website.
Baggage Identification Tag means a document issued by us solely for identification of Checked Baggage.
Damage includes death of, wounding of or bodily or personal injury to a Passenger and also includes loss, partial loss, theft or other damage to Baggage arising out of or in connection with, either carriage on flights we operate or other services we provide. However, it does not include normal wear and tear of Baggage such as small scratches, scuffs, dents and cuts.
Check-in Deadline means the time limit specified by the Carrier by which you must have completed check-in and received your boarding pass.
Electronic Coupon means an electronic flight coupon or other value document held in our database.
Itinerary means the document we issue to the Passenger travelling on a Booking which includes the Passenger’s name, Booking Reference and/or Confirmation Number, flight information, key Conditions of Carriage and notices.
Website means the Internet e-commerce website https://www.vietravelairlines.vn provided by us for the purpose of Passenger making online Bookings and to access information about us.
Air waybill means document of carriage of cargo by air in paper or electronic form which is an evidence of the contract of carriage, receipt of the cargo and the terms of the carriage contract. The electronic air waybill has the same validity as the paper air waybill.
Electronic Ticket means the Itinerary issued by us or on our behalf, the Electronic Coupon and if applicable, a boarding document.
Ticket means the Itinerary and includes the Electronic Ticket and Electronic Coupon issued by us or on our behalf and including the key Conditions of Carriage and notices contained in it.
Conjunction ticket refers to a ticket issued to you in conjunction with another ticket which together make up a single contract of carriage.
Special Drawing Rights (or SDRs) means the composite unit of currency that is the official unit of exchange of the International Monetary Fund. As a rough guide, this equates to approximately VND 32,964 or USD 1.41 but this will fluctuate depending on exchange rates.
USD is the unit of currency of the United States that will fluctuate depending on exchange rates.
The title or caption of each Article of these Conditions is for convenience only and is not to be used for interpretation of the text.
ARTICLE 2. APPLICATION OF CONDITIONS OF CARRIAGE
These Conditions apply to the carriage by air performed by us or in any case where we have legal liability in relation to you and your flight.
2.2 Terms & Conditions Prevail
The carriage of a Passenger on any flight by us is, without exception, subject to:
- A Booking;
- These Conditions of Carriage and the key Conditions of Carriage set out in your Itinerary;
- Applicable laws which include the Law on Civil Aviation of Vietnam and any international Conventions that may apply to the Journey in question;
- Any applicable Tariffs;
- Any specific directions given to a Passenger in writing, or orally by our staff; and
- Other fare rules and conditions or Carrier’s Regulations, as applicable.
Except as provided in these Conditions, in the event of inconsistency between these Conditions and the key Conditions of Carriage set out in your Itinerary or between these Conditions and any Carrier’s Regulations we may have dealing with particular subjects, these Conditions shall prevail to the extent of the inconsistency.
On some services, we may have arrangements with other carriers known as “codeshares”. 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, the aircraft may be operated by another carrier.
If such arrangements apply, we will inform you of the name of the carrier operating the aircraft at the time you make a reservation, and Conditions of Carriage of that carrier will apply.
2.4 Other services arrangements
In the event that We carry or arrange the transportation for Passenger by other means of transport such as by bus, train, boat or hotel booking or car rental, this means We only act as an agent. Other terms and conditions may apply to those services. When these terms and conditions include a lower limit of liability than the limit of liability set out in the Conditions of Carriage, the lower limit of liability will apply to the arrangement of other services that is not air transport.
If We arrange transportation for Passenger on a flight with the code of another airline, it means that We are only acting as a representative of that airline and its Conditions of Carriage will apply.
The language of these Conditions is Vietnamese. In the event that there may be translations of these Conditions in other languages, the Vietnamese version shall prevail and be used for purposes of interpretation hereof.
2.6 Overriding Laws
If these Conditions or any of them are inconsistent with any applicable Vietnamese law or a Convention which apply to your contract of carriage with us, such law or Convention will apply.
ARTICLE 3. TICKETS/ITINERARY
Our tickets are not transferable. This means:
Passenger may not transfer or sell their Booking to anyone else.
In cases Passenger to be transferred to another carrier, We will issue FIM or new tickets to Passenger.
The E-ticket or FIM is valid only for the Passenger specified on the document.
Tickets are valid for a maximum of one (01) year from the date of issue of the Ticket.
FIM: valid only on the flight shown on the document.
Each Passenger Electronic Coupon is accepted for carriage on the date and flight for which the reservation has been booked.
3.2.1 If Passenger pass away before the flight (before boarding), Passenger's Ticket will be fully refunded (excluding booking & service fees and payment facilitation fees). The ticket of an accompanying passenger including foster parents/caretaker, spouse, children (natural / adopted children / spouse's children), legal siblings will be refunded in full. or will be entitled to free flight change (fare difference still applies). This assistance is granted upon receipt of a valid death certificate and this extension is not more than 45 days from the date of the incident.
3.2.2 In the event that the Passenger pass away while being on the flight, if the Passenger's Ticket has unused sectors, We will refund all sectors (excluding booking & service fees and payment facilitation fees). The ticket of an accompanying passenger including foster parents/caretaker, spouse, children (natural/adopted children/spouse's children), legal siblings will be refunded in full. or will be free to change flight for unused sectors (fare difference still applies). This assistance is granted upon receipt of a valid death certificate and this extension is not more than 45 days from the date of the incident.
3.2.3 For Ticket with multiple sectors, Passenger must use the flight sectors in the order indicated on the Ticket. For Passenger wishing to use flights in incorrect order indicated on the ticket, the previous sector (s) are not valid for use or refund.
3.2.4 Passenger shall inform us in advance if they wish to change any part relating to the carriage. The price that the Passenger must pay for the new carriage will be charged and the Passenger may choose to either apply a new rate or maintain the original carriage as mentioned on the Ticket. If Passenger need to change the carriage due to Force Majeure Conditions, Passenger must contact us as soon as possible and We will make reasonable efforts to transport Passenger to their next stop or destination. the end of the journey without recalculating the price.
3.2.5 If you change the carriage without our prior consent, we will apply the prescribed price for your new actual itinerary. Passenger will be required to pay any difference between the price paid and the total applicable fare for the new itinerary. We will not refund the difference if the new price is lower than the price paid by the Passenger.
3.2.6 For a Passenger needing to change flight itinerary where the new itinerary differs from the original itinerary which resulted in price difference, the Passenger will be required to pay any difference between the price. payment and the rate applicable to the new itinerary, and the fare difference will not be refunded in the event that the price applicable to the new itinerary is lower than the fare paid by the Passenger.
3.2.7 if Passenger are not present on any flight without prior notice, We may cancel the Booking for the return flight or the next flight. However, if Passenger give us prior notice, we will not cancel the booking for these flights.
We will provide carriage only to the Passenger named in the Itinerary or Electronic Ticket. You will be required to provide appropriate identification at check-in.
ARTICLE 4. SPECIAL PASSENGER
Infant means a child aged seven (07) days to under two 02 years old as of the date of departure. Infant age is calculated by flight sector. Infants are required to be accompanied by an Adult parent or Legal guardian who is eighteen (18) years of age or older and are healthy enough to care for the Infant in flight.
We only accept transportation of healthy, term babies. In case Infants with abnormal health and/or premature birth are required to go through a medical procedure according to Article 4.7 of this Regulation and be accompanied by a doctor or nurse of pediatric specialists.
We do not accept transport Preterm Infants who are required to be kept in a baby incubator or with unstable health under fourteen (14) days of age.
One (01) Adult is allowed to accompany a maximum of one (01) Infant and with one (01) Child under seven (07) years old.
We do not provide “companion flight attendant for infant” service.
Baby bassinet service is provided free of charge on our flights provided the child weighs no more than eleven (11) kg, and must be booked at least twenty-four (24) hours in advance with departure time. This service is applied according to the technical conditions of the operating aircraft.
Free one (01) single baby stroller (foldable and fit in the carry-on baggage overhead compartment in passenger cabin) for one (01) infant. The single baby stroller shall be charged a fee and checked-in if it cannot be folded and cannot fit in the carry-on baggage overhead compartment in passenger cabin.
Child means a child from two (02) years old to under twelve (12) years old (as of the date of departure) and must be accompanied by an adult Passenger fifteen (15) years of age or older. Accompanying passenger is the one traveling on a purchased ticket and, in our judgment, that passenger can travel independently and in case of necessity, can and will provide appropriate assistance and supervision (or both) for the particular Passenger they travel with.
- Children between two (02) years old to seven (07) years old without an adult traveling will not be accepted for carriage.
- Passenger from over seven (07) years old to under fourteen (14) years old, with normal health conditions, capable of traveling independently, traveling alone, must purchase children travel service alone. We require parents or legal guardians to directly register unaccompanied minor service with us at least twenty-four (24) hours prior to departure time. A parent or legal guardian must hand it over to us directly at the check-in counter and may only leave the counter upon receipt of a notice from us.
- Passenger from fourteen (14) years old to under eighteen (18) years old and with normal health conditions, able to travel independently if so need, registration for a single child service is required. We require that Passenger must directly register the unaccompanied minor service with us at least twenty-four (24) hours prior to departure time. Passenger who register for the service will be identified and served at the airport counter.
For passenger registering for unaccompanied minor service, we only hand over to the right person specified on the service registration form.
Note: One (01) single baby stroller (foldable and fits in the carry-on baggage compartment on the passenger cabin) for one (01) child is free. In case the single stroller cannot be folded and cannot fit in the carry-on baggage compartment on the passenger cabin, there shall be a fee and check-in procedures.
4.3 Pregnant Passenger
Pregnant Passenger are obliged to accurately inform us of the period of their pregnancy when they make a reservation and at the check-in counter (pregnancy registration book or confirmation of pregnancy period of doctor). The carriage of pregnant Passenger is subject to the following conditions:
- Passenger with a pregnancy of up to twenty-seven (27) weeks: If the Passenger becomes pregnant normally and commits a flight within the first twenty-seven (27) weeks of pregnancy, they will be accepted for carriage as a normal Passenger and must meet the conditions of the authorities of the destination.
- Pregnant Passenger with a pregnancy of more than twenty (27) weeks to thirty-two (32) weeks (PREG): If a pregnant passenger is normally pregnant, it is accepted for carriage. Passenger are responsible for presenting the Certificate of state-recognized medical facility confirming that they are healthy. This document is valid within seven (07) days from the date of departure. Passenger will be required to sign our Disclaimer and must satisfy the conditions of the destination authority.
- Pregnant from the thirty-two (32) week or more or having a delivery time within seven (07) days compared to the date of departure: Carriage is not accepted.
4.4 Oversized Passenger
Oversized Passenger is a Passenger whose body size or weight exceeds the size or load capacity of an aircraft seat.
We do not accept carriage of oversized Passenger due to the lack of service conditions.
We reserve the right to refuse the carriage of Passenger requiring the stretcher service on board.
4.5 Disabled Passenger
Passenger will be assisted during the boarding process. Passenger are required to notify us when making a reservation.
4.5.1 Blind or Visually Impaired Passenger (BLND)
Blind or Visually impaired Passenger accompanied by a companion: Accepted to be transported as a normal passenger. One Ordinary Passenger can accompany a maximum of two (02) Vision-impaired Passenger.
An unaccompanied passenger: Only accepted for transportation in the following cases:
- Passenger are required to notify us at least eight (08) hours in advance for domestic flights and twenty-four (24) hours in advance for international flights prior to the date of departure.
- Passenger have the ability to travel by themselves, eat and drink on their own and are able to serve themselves during the course of transportation and must satisfy the conditions of the destination authority.
- Passenger must be assisted at the departure and arrival airports during the journey.
- We provide accompanied flight attendant service. Passenger requiring a booking are required to notify us at least five (05) days in advance of the departure date.
Visually impaired Passenger carrying a guide dog:
- Acceptance of baggage check-in, not accepted to carry on board
- Free transport of guide dogs for visually impaired Passenger. Each Passenger may bring a maximum of one (01) guide dog.
4.5.2 Deaf or Hearing-Impaired Passenger (DEAF)
- Deaf or Hearing-Impaired Passenger (DEAF) are understood as Passenger with hearing impairment and accompanied by an accompanying passenger, and they will be accepted for carriage as a normal passenger.
- Unaccompanied Passenger with hearing impairment need to notify us at least eight (08) hours in advance for domestic flights and twenty-four (24) hours in advance for international flights compared to the date departure, and is only accepted for transportation on our flights when such Passenger is able to travel, eat and take care of himself during the transportation. This confirmation information should be noted on the check-in system.
4.5.3 Passenger with visual and hearing impairment (BLND & DEAF)
- Passenger with impaired vision and hearing impairment accompanied by an accompanying Passenger: Accepted to be carried as normal Passenger, and each of our flights is allowed a maximum of five (05) Passenger with visual and hearing impairment.
- Unaccompanied Passenger with visual and hearing impairments: Not accepted for carriage.
4.5.4 Disabled Passenger with intellectual or developmental disability needing assistance (DPNA)
Passenger must have normal expressions. We do not accept Passenger with extreme signs or are likely to disturb Passenger around. We only accept that Passenger with intellectual impairment must be able to travel by themselves, eat and drink and serve themselves during the carriage, understand the safety instructions and must comply conditions of the authority destination.
Passenger with intellectual impairment are required to travel with a relative during the flight. The relative must be assessed to be able to control behavior, assist and assist guests in the process of boarding, disembarking and flying.
Information about Passenger with impaired intellectual impairment and their condition must be clearly provided to us by relatives in advance at least eight (08) hours prior to departure time for domestic flights, before twenty-four (24) hours prior to departure for international flights.
4.6 Passenger using wheelchair service (WCHR/S/C)
Passenger using wheelchair service is a Passenger with limited mobility. Wheelchair services are divided into three (03) categories:
4.6.1 Wheelchair for Ramp (WCHR)
As a service We provide free of charge to Passenger who can move on and off the aircraft by themselves and in the passenger cabin of the aircraft but need wheelchair assistance when traveling on the ground. Passenger are required to notify us at least twenty-four (24) hours prior to departure time.
4.6.2 Wheelchair for Steps (WCHS)
As a service We provide free of charge to Passenger who can move themselves in the Passenger cabin of the aircraft but need wheelchair assistance when traveling on the ground and boarding the aircraft with the help of personnel. wheelchair or wheelchair special purpose forklifts. Passenger need to notify us at least twenty-four (24) hours prior to departure time.
4.6.3 Wheelchair for Cabin (WCHC)
We do not provide an in-flight wheelchair service (WCHC) to Passenger who are unable to move themselves at any position due to lack of service conditions.
4.7 Passenger with medical requirements (MEDA)
Passenger with medical requirements (MEDA) are those with severe illnesses, allergies, in the stage of medical care but not to a serious extent, with reduced or lost self-service. Passenger, or the Passenger whose health condition worsens if they on the plane or the Passenger is suffering from a critical illness ... Passenger need to notify us in advance with a medical certificate of the medical facility. authority to confirm Passenger is eligible to fly, and confirmed by us to be accepted for transportation. Passenger will be required to sign our Disclaimer and must satisfy the conditions of the Destination Authority.
If the Passenger loses mobility or becomes unconscious during the transportation, the Passenger will be assisted to take it to the nearest hospital or medical facility (if possible) and pay any costs incurred.
4.8 Passenger Requiring Medical Stretcher (STCR) & Oxygen Service Onboard (OXYG)
We do not accept the carriage of Passenger using stretcher service and/or Passenger using medical oxygen service due to inability to serve, except in force majeure or required by Authorities.
4.9 Number of Special Passenger Limits
|Infants (INF)||x||Maximum 10% total capacity|
|Blind or Visually Impaired Passenger (BLND)||x||No limit|
|Deaf or Hearing-Impaired Passenger (DEAF)||x||No limit|
|Passenger with visual and hearing impairment (BLND & DEAF)||x||05|
|Disabled Passenger with intellectual or developmental disability needing assistance (DPNA)||x||No limit|
|Wheelchair for Ramp (WCHR)||x||x||No limit|
|Wheelchair for Steps (WCHS)||x||No limit|
Notice: The total number of Special Passenger (Passenger who are restricted by the number of exit doors) on the flight must not exceed the total number of emergency exits of the aircraft.
ARTICLE 5. FARES
Fares apply only to carriage from the airport at the point of origin to the airport at the point of destination unless otherwise stated. Fares do not include road and waterway service charges unless otherwise specified by us. Passenger' fares will not include meals and beverages unless the terms and conditions of the Fares specify otherwise.
Fares will be calculated in accordance with our Tariff in effect on the date of payment for the Ticket for the flight or flights concerned. Applicable Tariffs are those published by us or on our behalf, whether electronically or by way of another medium. Fares may exclude administration fees and other charges unless otherwise specifically stated by us.
Any approved change of your flight or any part of your Itinerary may be subject to additional payments due, as specified herein or in our Carrier’s Regulations.
5.3 Taxes and Charges
Any tax, fee or charge imposed by the Government or other authority or by the operator of an airport in respect of your use of any services or facilities will be in addition to our fares, administration fees and charges and shall be borne by you, unless otherwise specifically stated by us. Such taxes, fees and charges imposed on air travel may change from time to time and can be imposed additionally even after the date that your Booking has been confirmed. You shall nevertheless bear such tax, fee or charge as and when they fall due prior to departure.
At the time of payment, Passenger will be notified of taxes, fees and charges and most of them will be shown in itinerary.
5.4 Administration fees, booking & service fees and payment facilitation fees
Our fare is base fare. In addition to any tax, fee or charge as mentioned in article 5.3 above, as the case may be the service providers may apply and collect their own administration fees, booking & service fees and payment facilitation fees. Those fees will not be refunded in any case your ticket is permitted for refund.
For more information, please refer to Website: https://vietravelairlines.vn/vn/en/booking/booking-guidance/fare-rules
Fares and charges are payable in the currency prescribed with our published fares unless otherwise specifically agreed by us.
All fares, flight schedules and routes published are correct at the time of publication. We reserve the right to revise any fares and flight schedules at any time and from time to time and give the notice to Passenger.
5.7 Fares Non-refundable
Some fares types are non-refundable. Please refer to the applicable fare rules for more information at the Website: https://vietravelairlines.vn/vn/en/booking/booking-guidance/fare-rules. If the Passenger does not take the flight, Passenger may request a refund of certain taxes, fees and charges by the Authorities however We will charge an administrative fee for the refund. If the administrative fee is larger than the refundable amount, we will not process a refund to the Passenger.
ARTICLE 6. BOOKING OF SEATS/RESERVATIONS
6.1 Reservation regulations
The Booking is confirmed after full payment is made and after We issue you a Booking Reference, a Confirmation Number and/or the Itinerary.
We will not be liable for any loss that you may incur from reservation via any entity other than us or our authorized third party.
6.2 Flight Change
For certain fare types you are allowed to change the booked flight to another flight subject to availability, payment of the prevailing charges per passenger per sector and also subject to the following conditions:
- Strict compliance with the conditions for issuance of a fare type;
- If the new flight booked is at a lower fare than that of the cancelled booked flight, the difference in fares will not be refunded to the passenger;
- If the new flight booked is at a higher fare than that of the cancelled booked flight, the difference in fares shall be paid for by the passenger before the cancellation or change can be made.
- The change is not confirmed until we issue you a new Booking Reference, a new Confirmation Number and/or new Itinerary.
We only assure the seat for passenger if fares (included fare, taxes, fees, payable) must be paid in full when a Booking is made. In case that the fare has not yet been paid in full when a booking is confirmed for any reason whatsoever, we reserve the right to cancel the Booking at any time prior to check-in and/or to disallow you to board the aircraft.
6.4 Personal Data
We may use personal information ("Personal Information" below is information provided by Passenger, information arising during the Passenger reservation process or requested by us to serve for the provision of services, including, but not limited to, Passenger identification and the following information: bank account information, credit card information, flight information, flight schedule, ...) and
We reserve the right to use and provide information about the Passenger's payment process and the services you use to serve the purpose of:
a) Reservations, payment and purchase of Tickets;
b) Accounting, invoicing and auditing, checking credit or other payment cards;
c) Provide information regarding immigration regulations at the request of the competent authority;
d) Provide information related to the itinerary or force majeure matters that may arise in relation to the Passenger, and to serve the Passenger upon request or for the purpose of ensuring safety, security, administrative and legal work;
e) Provide Passenger information for inspection, investigation, prosecution or adjudication purposes at the written request of the competent state authority.
For the above purposes, Passenger agree to allow us to store and use this information in case it is necessary to perform the above purposes and transfer such data to the Booking Offices, the Authorized Agents, Governmental authorities and Competent governmental authorities, carriers or suppliers of the above services. In accordance with the Regulations of the Authorities, Passenger may be required to provide personal or other information to us, including information so that We can notify their relatives in the event of emergency and for other related purposes or in case of risks during the carriage of Passenger. We may control and/or record telephone conversations between Passenger and us to ensure proper service type, prevent/detect faults and for the purpose of service improvement… Passenger can look up information related to personal information regulations at our Website.
We commit the absolute confidentiality of customer information and do not use customer information for purposes other than the purposes specified in this clause. At the same time, We have no liability to the Passenger in case of loss or incurring expenses incurred in the process of using or submitting the personal data provided unless the loss or costs incurred due to the our carelessness.
6.5 Specific Assistance
Passenger with specific assistance needs are generally required to be accompanied by another fare paying passenger of at least 15 years of age, unless you can safely travel independently and do not require assistance when boarding the aircraft steps. We are not able to provide supervision for those Passenger who cannot travel alone but we are able to provide limited assistance upon request. There may be a fee for some services that we have to obtain from a third party. The services may not be available on all routes due to local airport limitations. Please contact us for more information.
Please note that if you do require specific assistance when travelling with us you are required to make arrangements through our Booking office or Call center at least three (3) days before your scheduled departure. Failure to get your specific assistance needs arranged and confirmed by Vietravel Airlines telephone reservations will result in the service being unavailable on arrival at the airport and Passenger being denied carriage.
6.6. Exit-row seat
As the exit-row seats are located close to the exit door of our aircraft, Passenger who sits in an exit-row seat must satisfy the following safety requirements:
- Be at least 15 (do not use Unaccompanied Minor Service) to 60 years old and with normal health conditions;
- Be able to understand Vietnamese, English and acknowledge the exit row briefing given by Cabin Crew once onboard the aircraft; Be willing to assist in the unlikely event of an emergency;
- Be able to check outside conditions and react to crew commands;
- Passengers are not restricted in movement (for example: Passengers are pregnant passengers; Passengers with permanent or temporary disabilities such as hearing, visual impairments, and impaired intellectuals).
- Must ensure mobility, health, dexterity in both arms and hands.
- Agile and healthy enough to approach, open emergency exit door in case of emergency.
- Not be seated with an infant or Not require the use of an extension seat belt
You have a choice to seat in a specific seat on board of our aircraft with an additional fee. Such a specific seat includes upfront seat, exit-row seat. You can purchase a paid seat via our Website or via Vietravel Airlines telephone reservations, Booking offices, Travel agencies or at Check-in counters subject to availability.
Although we will try to accommodate your seat reservation request, Vietravel Airlines does not guarantee any particular seat position. We can change your seating at any time, even after you have boarded the aircraft, including for safety, security or operational reasons.
If we need to ask you to change from your paid seat to our standard seat or change your seat position, we will:
- Provide you an appropriate refund of the applicable seat selection fee which you purchased.
- Change to a seat position with equivalent seating service on the flight (if applicable).
In case the Passenger is not eligible to sit at exit-row seats but still buys seating service, we will request the Passenger to change the seat position without refunding the seat selection fee.
ARTICLE 7. CHECK-IN
7.1 Check-in deadline
Passenger must be at check-in counters at least two (02) hours before departure for domestic flights; three (03) hours for international flights to complete check-in procedures. Check-in time may vary depending on the airport or flight. Please refer to the website https://vietravelairlines.vn/vn/en/booking/booking-guidance/check-in-process for more details on check-in time.
It is your responsibility to ensure that you comply with these deadlines, particulars of which will be available at the time you make your Booking. In any event we reserve the right not to accept you for travel if you do not comply with the above deadlines.
7.2 Requirements for Check In at the counter
All Passenger, including infants, must present their Booking Reference, Confirmation Number or Ticket and any necessary travel documents and other required documents as required by the Authorities at the country of departure, transit, destination.
Infants do not have a separate seat and must sit in the seat with a parent or legal guardian.
Passenger will be issued with their boarding pass and Baggage tags for Checked Baggage and it is the responsibility of Passenger to preserve these documents during the Journey. Your Cabin baggage will be checked before leaving the check-in counter.
- Passenger must be at the boarding gate at least forty (40) minutes for domestic flights or fifty (50) minutes for international flights prior to the scheduled departure time of the flight. If you do not comply with the time of arrival at the gate, we reserve the right to refuse to carry you without taking any responsibility for any arising problems. You must present the boarding pass at the boarding gate and keep it during the course of the flight.
- Passenger are required to present a valid boarding pass and travel document at the boarding gate and keep this pass throughout the journey.
7.4 No Show
In case Passenger come to check-in counter after the closing time or arrive at the departure time after the prescribed closing time (departure time minus 15 minutes):
- Passenger need to contact the airlines representative at the airport to be confirmed of late arrival. Air tickets paid by Passenger will not be refunded.
- In case Passenger wish to continue to an adjacent flight within the day, Passenger need to pay a cancellation fee and the difference between the paid price and the total rate applicable to the new flight.
You are solely responsible for complying with all laws, regulations, orders, demands and requirements of countries flown from, into or over and with our Conditions of Carriage and Carrier’s Regulations, notices and instructions given by us relating thereto. We shall not be liable in any way whatsoever to you in connection with obtaining necessary documents or complying with such laws, regulations, orders, demands, notices, requirements or instructions, whether given orally or in writing or otherwise, or for the consequences to you resulting from your failure to obtain such documents or to comply with such laws, regulations, orders, demands, notices, requirements or instructions.
7.6 Travel Documents
You are responsible for obtaining and must possess and have available for presentation as required by the relevant authorities all entry and exit, health and other documents required by law, regulations, order, demands or requirements of the countries flown from, into or over. We reserve the right to refuse carriage to any passenger who has not complied with, or whose documents do not appear to comply with, such applicable laws, regulations, orders, demands or requirements.
Passenger are required to present valid travel documents at the time of booking, check-in, and boarding.
7.7 Refusal of Entry
When Passenger are refused entry into a country and the government or the Authorities request us to bring you to the departure or to transfer you to another country:
- Passenger must pay all costs related to the detention and repatriation of Passenger and other fares,
- We may not refund the amount We owe you, including the fare for the flight purchased but not used in order to be able to pay the cost of repatriation of you or another fare (if not paid),
- We will not refund the fare of the sector where we carried you to the point where you were denied entry.
7.8 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 flown from, into or over or to produce the required documents, you shall on demand reimburse to us any amount so paid or expenditure so incurred or to be paid. We may apply towards such payment or expenditure the value of any carriage unused by you, or any funds due to you in our possession.
7.9 Security and Health check
You shall submit to any security or health checks by government or airport officials or by us.
If you refuse any security or health checks as required, you will be not accepted for travel.
ARTICLE 8. BAGGAGE
8.1 Cabin Baggage
Each passenger is allowed 01 main item of cabin baggage and another small item with a total combined weight of up to 07kg. Infants not occupying a seat do not have a carry-on baggage allowance. It is the passenger's responsibility to take care of their carry-on Baggage on their own.
The dimension of main item of cabin baggage is stipulated as follows and depends on the aircraft type:
- A321: 23cm (width) 36cm (height) and 56 (length) for an overnight bag or briefcase
Carry-on baggage will be checked at the check-in counter. At the waiting room or boarding gate, carry-on baggage in excess of the aforementioned weight or size will be charged the applicable fee for the excess carry-on baggage.
Carry-on baggage can be stored in an empty space under the front seat or in the carry-on baggage compartment in the cabin of the aircraft. For more information, please refer to the Website.
If we are unable to arrange for you to bring your carry-on baggage onto the cabin of your aircraft, we may ask you to check-in your baggage. In this case, Passenger will not be charged the checked baggage fee.
For more details, Passenger can refer to https://vietravelairlines.vn/vn/en/booking/baggage-info/carry-on-baggage
Carry-on baggage must comply with the applicable size and weight restrictions. Passenger are not allowed to bring knives, sharp objects or cutting utensils of any kind or size in hand baggage, whether the item is of metal or other material, knitting needles wool or sporting devices.
The above items, if stored in hand baggage or carried instead of in checked baggage, are likely to be confiscated, not returned by the authorities and we are not responsible for preservation or intervene for the cases as mentioned.
Passenger designated by an authorized medical facility must bring needles to be used during transportation must notify us at the time of booking or at the time of check-in. Passenger must present documents as indicated by a competent medical facility proving the Passenger's health status, and any medicine to carry must bear a professionally printed label, clearly stating the pharmaceutical or manufacturer's name. or have a pharmaceutical label with them. The maximum acceptable length of needles is six (06) cm. Needles will be stored by us and returned to Passenger at the designated time and recalled after use.
We do not assume any liability for Baggage or items that we refuse to carry and will not carry it through Checked Baggage.
Liquid regulations in carry-on baggage for international flights (applicable per passenger):
- Each Passenger may carry no more than one thousand (1000) ml of liquid per person or carry-on baggage and the capacity of each bottle, bottle, or liquid container must not exceed one hundred (100) ml. Bottles, jars and containers of liquid must be contained in a transparent plastic bag and each Passenger must carry only one plastic bag.
- For liquids purchased in the duty free area in the quarantine area of the airport: Passenger are allowed to carry and carry on as prescribed provided that the liquid and invoice of the place of sale must be contained in a clear plastic bag. transparent seal.
8.2 Checked baggage
Checked baggage are common personal items and belongings for Passenger' journeys.
Some fare types do not include Checked Baggage. Passenger can purchase additional checked baggage packages according to our policy announced from time to time. Guests checking in baggage that exceeds the purchased baggage allowance will be charged an excess fee at the check-in counter. Please refer to Fare Conditions at https://vietravelairlines.vn/vn/en/booking/booking-guidance/fare-rules for more information. Cabin Baggage allowance is indicated on the Ticket or the Passenger's Itinerary Confirmation.
A Passenger who does not travel cannot transfer their unused Cabin Baggage or Checked Baggage allowance to any other passenger(s), including passenger(s) in the same Itinerary.
The maximum weight of any piece of Checked Baggage is 32kg (70lb) and the maximum total dimension of any one Checked Baggage is 203 cm (80 inches). The weight in excess of the above regulation must be separated and packed into a smaller package during the procedure. Checked baggage weighing more than 32kg (70lb) and / or the maximum three-dimensional dimension of Checked baggage exceeding 203 cm (80 inches) can only be transported and will be subject to a fee if you have prior notice and accepted by us when making your reservation. Passenger must ensure all Check-in Baggage is properly packed prior to checking in at the check-in counter.
In any event, We are not responsible for the loss of Baggage due to Passenger' failure to comply with the Baggage weight regulations, regulations on separation and repackaging, refusal to carry the Baggage the specified weight.
In addition to the free Baggage allowance, we will take free transportation for foldable wheelchairs and mobility aids if the use of these facilities is required by you. In case Passenger bring a wheelchair using electric battery, We only accept wheelchair with dry battery or Lithium battery with maximum capacity of 160 Wh, detachable and accepted by captain.
In addition to the free Baggage allowance, we will accept free transportation for Infant and Child items that are accompanied by Passenger such as foldable single stroller.
All Checked Baggage must meet the requirements of security, safety and travel restrictions on the aircraft.
8.3 Excess checked baggage
Passenger will be charged for the amount of Checked Baggage that exceeds the applicable Free Baggage allowance. It is at our sole discretion to carry the excess of the Baggage allowance, subject to the availability of the Baggage allowance. Please refer to Fare Conditions at https://vietravelairlines.vn/vn/en/booking/booking-guidance/fare-rules for more information.
8.4 Items Unacceptable as Baggage or to be Carried Inside Baggage
We reserve the right to refuse carriage of such Baggage or such items found in Baggage as follows:
i. Items which are not properly packed in suitcases or other suitable containers in order to ensure safe carriage with ordinary care and handling;
ii. Items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA) and in our Conditions of Carriage;
iii. Items the carriage of which is prohibited by any applicable national or international law, regulations or order;
iv. Items which in our reasonable opinion are unsuitable for carriage by reason of their weight, shape, size or character; Fragile or perishable items;
v. Live or dead animals;
vi. Human or animal remains;
vii. Fresh or frozen seafood or other meats provided that such items may be carried on board as hand luggage only if we are satisfied that they have been properly packed; (Strictly only Styrofoam and/or cooler boxes that contain dry food/non-perishables are allowed to be checked-in after inspection of contents by relevant authorities. Should Passenger refuse inspection, we have the right to reject admission of luggage.)
viii. Firearms and ammunition, explosives, flammable or non-inflammable gas (such as aerosol paints, butane gas, lighter refills) refrigerated gas (such as filled aqualung cylinders, liquid nitrogen), flammable liquids (such as paints, thinners, solvents) flammable solids (such as matches, fire lighters), organic peroxides (such as resins), poisons, infective substances (such as viruses, bacteria), radioactive material (such as radium), corrosive materials (such as acid, alkali, mercury, thermometers), magnetic substances, oxidizing materials (such as bleaches);
ix. Weapons such as antique firearms, swords, knives and similar items provided that such items may be allowed as checked baggage at our absolute discretion for very special reasons. These cannot be carried into the aircraft cabin for any reason whatsoever.
If we discover that you are carrying prohibited items, we may do whatever we consider appropriate and what is reasonable in the circumstances, including disposing of the item without notifying you. We will not be responsible for any loss or Damage caused to any prohibited items if they are brought on board despite being prohibited items.
8.5 Valuable and Fragile Goods
You must not include in your Checked Baggage:
- Artefacts, fragile, delicate or perishable items, computers, electronic equipment, such as cameras, video equipment.
- Items with special value, such as money, jewelry, precious metals, silverware, negotiable papers, share certificates, securities or other valuable documents, commercial goods or business documents
As our liability is limited (see Article 12), we will not be liable for any inconvenience or Damage you suffer if you have ignored our requirements and included the item(s) as Checked Baggage.
8.6 Right to check
We, the authorized Government agency or the airport may be:
- Request an examination of the Passenger, an examination by X-rays or other forms of screening to examine the Passenger's body or clothing.
- Request a Passenger's Baggage check and may perform an inspection in the absence of the Passenger's presence if the Passenger is not present at the time of check-in.
If Passenger refuse the inspection or as a result of such inspection, We may refuse to carry you and your Baggage and hand them over to Government authorities or airport staff.
Except as applicable by the Convention or other legal documents, if inspection or screening damages the body of the Passenger, or the X-ray inspection damages the Passenger's Baggage or If items are taken out of Passenger's Baggage, We will not be liable for such damage, unless the fault is caused by our negligence.
8.7 Receiving and Delivering Baggage
Passenger must collect their Baggage as soon as possible at the destination location.
If Passenger do not receive the Baggage within a reasonable time (maximum of 03 days) and the Baggage is stored in our warehouse, we will charge an additional storage fee.
If the Baggage is not received within three (03) months from the time the Passenger has to received it, We may destroy such Baggage without assuming any liability to the Passenger.
In case Passenger fails to present the Baggage tag upon receipt of the Baggage, we shall only deliver the Baggage to that Passenger provided that the Passenger proves that his / her right to the Baggage meets our regulations when requested. Passenger must provide appropriate guarantees to compensate for any damage or expenses we incur in delivering Baggage to Passenger. The Passenger's failure to make a claim at the time of receipt of Baggage is clear evidence that the Baggage.
ARTICLE 9. CARGO TRANSPORTATION
9.1. Cargo Acceptance
The Carrier undertakes to transport shipments, subject to their availability of suitable equipment and capacity. Cargo acceptance shall comply with the Carrier’s regulations and the following requirements:
i. The transport thereof is not prohibited by the Vietnamese laws or regulations of any authority to be flown from, to or over.
ii. The shipment is packed, marked, labelled in a manner suitable for carriage by air proclaimed on the Carrier’s website.
iii. The shipment is accompanied by requisite shipping documents.
iv. The shipment is not likely to endanger aircraft, properties, persons and other shipments.
The Carrier reserves the right without assuming any liability to refuse transport of cargo in the following circumstances:
i. The Carrier defines not having abilities to transport due to security, safety, operation or other reasons; or
ii. The shipper do not comply these conditions.
9.2 Valuation Limit Of Shipment
The Carrier has the right to refuse transport of shipments or groups of shipments having a declared value for carriage in excess of USD 2,000,000 or equivalent in one flight.
9.3 Packing, marking and labelling
The shipper is responsible for ensuring that the cargo is packed, marked, labelled in an appropriate way for transport, including the following:
i. The shipment shall be safely transported with ordinary care in handling.
ii. The shipment shall be protected from normal weather conditions such as rain, wind, heat and cold.
iii.The shipment shall not injure or damage any persons, animals, goods or property.
iv. Each piece of the shipment shall be legibly and durably marked with the name and full address of the shipper and the consignee.
v. Each piece of the shipment shall be attached with cargo identification labels and special cargo labels (when sending special cargo) as required by the Carrier subject to each type of cargo.
Packages of valuable cargo shall be strongly packed and sealed if so requested by the Carrier.
The Carrier is under no obligation to note or be aware of any information in consolidated or pre-packed shipments.
The Carrier reserves the right to refuse the transport of shipments that is not properly packed, labelled or marked.
9.4. Transport service prices
Service price is the amount of money charged by the Carrier for transport of a unit of cargo. Applied service price is the service price effective on the day of issuing air waybill. Service price is subject to rules and conditions published in the Carrier’s regulations and service price tariffs.
Services excluded from transport service prices
i. Published service prices only includes service prices of transport cargo among airports or nearest airports in published tariff.
ii. Except as otherwise provided in the Carrier’s regulations, published service prices excludes ancillary services such as:
- Picking up and delivery service prices;
- Storage charge and facility service prices;
- Service prices of cash collection on delivery
- Disbursement service prices;
- Customs clearance service prices;
- Service prices of penalty payment or collection for authorities including tax;
- Service prices of cargo repacking;
- Trucking service prices (as agreed);
- Other service prices and surcharges.
9.5 Pick-up and delivery
9.5.1 Notice of arrival
Notice of arrival is the provision of the shipment’s arrival information to the consignee so that he can arrange to receive the shipment.
Notice of arrival is the responsibility of the Carrier and is the basis for claim settlement (if any). Immediately after the shipment’s arrival at the airport of destination, notice of arrival in writing or other forms shall be sent to the consignee or his authorised agent.
9.5.2 Delivery of shipment
Except as otherwise specifically provided in the air waybill or shipment record, delivery of the shipment will be made only to the consignee or his authorised agent.
Delivery to the consignee shall be deemed to have been effected when:
- The Carrier has delivered the shipment to the consignee or his agent, the shipment is in the consignee’s custody, or
- The shipment has been delivered to customs or other government authorities as required by concerned authorities.
9.5.3 Place of delivery
Carrier undertakes to complete the carriage with reasonable dispatch. Where permitted by applicable laws, tariffs and government regulations, Carrier may use alternative carriers, aircraft or modes of transport without notice but with due regard to the interests of the shipper. Carrier is authorized by the shipper to select the routing and all intermediate stopping places that it deems appropriate or to change or deviate from the routing shown on the face hereof.
If the consignee refuses to receive the shipment or the shipment cannot be delivered, the Carrier will endeavour to comply with the shipper’s instructions shown on air waybill or shipment record. If such instructions are not so set forth or cannot reasonably by complied with, the Carrier can, after notifying the shipper, take some measures as follows:
- Returning the shipment to origin or waiting for next instructions from the shipper or,
- Destroying the shipment or selling a part, some parts or the whole of the shipment after a definite period of time of retaining such shipment in accordance with effective regulations of concerned authorities. Destroying or auctioning shipment shall comply with the effective regulations of the concerned authorities.
The shipper is responsible for all costs arisen from the consignee’s refusal to take delivery or non-delivery, including costs of preserving, returning the shipment to origin, destroying or sale shipment and any other concerning cost.
In case of auction, the Carrier has the right to recover all cost and charges provided mentioned in this article and all cost relating to the carriage that the shipper do not make payment before refunding to the shipper.
When a shipment containing perishable articles is delayed, or is refused by consignee at place of delivery, or for other reasons is damaged or threatened with deterioration, the Carrier reserves the right to immediately take necessary steps as it sees fit for the protection of all concerned parties in interest, including the destruction or abandonment of all or any part of the shipment, or auction the cargo at public or private sale without notice to shipper. After the steps, carrier inform to shipper arisen costs and shipper is responsible to pay that amount to carrier.
ARTICLE 10. SCHEDULES, CANCELLATION
Vietravel Airlines does not guarantee it will be able to carry you and your Baggage in accordance with the scheduled date and time of the flights specified. Schedules may change for a range of reasons including bad weather, air traffic control delays, strikes, technical disruptions and late inbound aircraft. Flight times do not form part of your Contract of carriage with us.
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 itinerary and tax invoice. It is possible we may need to change the scheduled flight time subsequent to issuance of your itinerary and tax invoice 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 endeavor to notify you of any such changes. If, after your itinerary and tax invoice has been issued, 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 10.2.
10.2 Cancellation, schedule change
Due to safety, technical or commercial reasons at any time after the booking has been made, even if the Passenger has completed check-in, we may still change the flight schedule and/or cancel, terminate, redirect flight.
In the event of such change (delay or early from scheduled flight time)/cancellation, We may apply at the discretion as follows:
- Carry you at the earliest opportunity on another of our scheduled services on which space is available without additional charges or:
- Give you a refund in accordance with the law.
In case of diversion, We may apply at the discretion as follows:
- Transfer Passenger to another flight on the same or different dates, or
- Arrange for other transportation to your destination (by road), or
- Hotel/meal arrangements, including transportation to/from hotels, or
- Apply a refund policy for Passenger (as prescribed by law above) for the flight sector you have not performed.
Unless provided for in a Convention or any applicable law, we will not be responsible for paying any costs or expenses you may incur as a result of the changed time or cancellation.
10.3 Changes to Circumstances beyond our control
In case a delay or cancellation is caused by circumstances beyond our control, whether you have checked in or not, Vietravel Airlines will try to assist you to get to your destination, but will not be responsible for paying any costs or expenses you may incur as a result of the delay or cancellation, unless otherwise required by law.
10.4 Connecting Flights
When making a reservation, Passenger has to determine an appropriate time for connecting procedures.
We always try to carry Passenger and Baggage on time and on the specified flights, We do not guarantee that we will always be able to meet this requirement. Flight schedules can be changed for a variety of reasons, including due to bad weather, air traffic management, demonstrations, technical problems, and late return of aircraft. To the maximum extent permitted by law, We are exempt from liability for any costs, costs, loss or damage caused to Passenger due to failure to meet flight schedules, missed or Other travel arrangements on any connecting flight operated by another airline that does not have a codeshare agreement with us.
ARTICLE 11. REFUSAL OF CARRIAGE
Even if you have a Booking, we may refuse to carry you and your Baggage if any of the following circumstances have occurred or we reasonably believe will occur:
- if your Booking:
- is not paid for;
- has been transferred contrary to the Carrier’s Regulations;
- has been acquired unlawfully;
- has been acquired from someone other than us or an authorized agent;
- contains an alteration which has not been made by us or an authorized agent;
- is counterfeit or otherwise invalid;
- if you cannot prove you are the person specified in the Booking on which you wish to travel;
- if you fail to comply with any applicable law, rule, regulation or order or these Conditions of Carriage;
- If you refuse to pay the payment or deposit requested at departure airport as stated in Article 7.8;
- if you may not be accepted for carriage due to circumstances as per stated in Article 4.
- if you require specific assistance and you have not made any previous arrangements for it (see Article 6.5);
- if you fail to complete the check-in process by the required time (see Article 7.1) or fail to arrive at the boarding gate on time;
- If you are prohibited from carrying by us at the request of us or by other authorities;
- if carrying you will break government laws, regulations, orders or an immigration direction from a country to which you are traveling or are to depart from;
- if carrying you or your Baggage may put the safety of the aircraft or the safety or health or any person in the aircraft in danger or at risk:
- If you, in our judgment, does not have an adequate medical condition to fly or your health condition endangers or threatens the health of another Passenger;
- If you are mentally and physically in a state of danger or harm to yourself, the aircraft or any person on board;
- If you, in our judgment or by a competent authority, loses the ability to control the behavior due to mental illness, the use of alcohol or other stimulants;
- if you have committed a criminal offence during the check-in or boarding processes or on board the aircraft;
- if you attempt to enter a country in which you have landed as a transit passenger without permission;
- if you have refused to give your travel documents to a member of our staff or allowed us to copy your travel documents, or you have destroyed your travel documents during the flight.
- if you checking online do not present a valid document that is compatible with your information on the boarding pass;
- if you have not complied with our medical requirements;
- if you have used threatening, abusive or insulting words towards our ground staff or a member of the crew of the aircraft or otherwise behaved in a threatening manner;
- if you have committed misconduct on a previous flight and we are not assured that misconduct will not recur;
- if you have deliberately interfered with a member of our ground staff or the crew of the aircraft carrying out their duties;
- if you have put the safety of either the aircraft or any person in it in danger;
- if you have refused to allow a security check to be carried out on you or your Baggage;
- if you have not obeyed the instructions of our ground staff or a member of the crew of the aircraft relating to safety or security;
- if you are, or we reasonably believe you are, in unlawful possession of drugs;
- In any of the situations in this Article.
We may refuse to carry or remove Passenger from the flight, even after Passenger have boarded, without any liability on our part, and cancel any subsequent flights by us on your Itinerary.
We reserve the right to require Passenger to be liable for any loss caused to us as a result of their faulty behavior and the consequence of the Passenger being refused to be transported or not accepted for carriage.
We may refuse to refund 100% of the value of the fare you have purchased for the rejected flight sector or the next flight sector in the Passenger's proof of carriage in connection with the Passenger's failure to ensure security of the flight.
11.2 Notice of refusal to carry you
We will be entitled to refuse to carry you and your Baggage if we have notified you in writing that we will not carry you on our services. The notice will give details of the period for which it will apply and will ask you not to make a Booking or ask or allow anyone to do so for you. If you try to travel while the notice is in force, we will refuse to carry you.
If you are denied boarding due to overbooking of a scheduled flight for which you have a Booking, we will try to get you to your destination within a reasonable time of your original scheduled arrival time. If we do not, we will provide compensation and any care required by any law which may apply or in accordance with our policy if there is no applicable law. This Article11.3 does not apply if you fail to meet the Check-in Deadline and boarding requirements in 7.1 and 7.2 or we exercise our right to refuse to carry you.
ARTICLE 12. CONDUCT DURING FLIGHT
12.1 As stipulated in the Conventions, Law on Civil Aviation of Vietnam, and other applicable laws, we will take measures as we deem reasonably necessary to prevent the continuation of below conduct on board including restraint:
- endanger the aircraft or any person or property on board;
- obstruct or hinder the crew in the performance of their duties, or fail to comply with any instruction of the crew, including but not limited to, those with respect to smoking, alcohol, use of cellular telephones;
- use any threatening, abusive or insulting words towards the crew;
- behave in a manner that causes discomfort, inconvenience, damage or injury to other Passenger or the crew
You may be disembarked and refused onward carriage at any point and may be prosecuted for offences committed on board the aircraft.
12.2 If, as a result of your conduct, we decide, in exercise of our reasonable discretion, to divert the aircraft for the purpose of offloading you, then you shall be liable for all costs which we incur of any nature whatsoever as a result of or arising out of that diversion.
12.3 For safety reasons, we may forbid or limit operation on board the aircraft of electronic equipment, including, but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio-controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.
12.4 Passenger are not allowed to consume their own food on board.
12.5 No smoking is permitted on any of our flights.
ARTICLE 13. LIABILITY FOR DAMAGE
13.1. Applicable rules
13.1.1 These Conditions of Carriage and applicable law govern our liability to you. Where other Carriers are involved in your journey, their liability will be governed by applicable law and, unless these Conditions of Carriage state otherwise their Conditions of Carriage. Other carriers may have lower limits of liability.
13.1.2 Applicable law may include the Convention and/or laws which apply in individual countries.
13.1.3 We are only responsible for damages incurred on a flight operated by us, or on a flight for which we are legally liable to you. If We issue a Ticket or check-in Baggage to a Passenger on another Carrier's flight, We are only responsible as an agent of that Carrier.
13.1.4 This Article 13 sets out the limits of our liability and summarizes the liability rules applied by us under the Convention and applicable laws but if inconsistent with the Convention or other applicable laws, the Convention or other applicable laws will override this Article 13.
13.2 Our liability for death or injury to Passenger
Our liability for proven damages sustained by you in the event of death, wounding or any other bodily injury caused by an accident arising from or relating to carriage provided by us is subject to the rules and limitations set forth in the applicable law as well as the following supplementary rules:
13.2.1 Our scope of responsibilities to every passenger's death or bodily injuries shall comply with the Convention. We shall not be held liable for damage suffered by each passenger out of the limits specified in the Convention if we successfully prove that:
(a) Such damage was not due to our negligence or other wrongful act or omission of us or our employees or agents;
(b) Such damage was solely due to the negligence or other wrongful act or omission of a third party.
13.2.2 We shall make an advance payment to the Passenger or the person entitled to compensation in accordance with our regulations and applicable laws. Such advance payment shall not constitute recognition of our liability and shall be offset against any subsequent compensation paid on the basis of our liability
13.2.3 Nothing herein shall be deemed to affect the rights and liabilities of such carriers with regard to any claim brought by, on behalf of, or in respect of, any person who has willfully caused Damage which resulted in death, wounding, or other bodily injury of a Passenger.
The name of Carriers partied to the agreement referred to in this paragraph are available at all ticket offices of such Carriers and may be examined on request. Each of such Carriers has entered into the said agreement solely on its own behalf and with respect to carriage performed by it and has not thereby imposed any liability on any Other carrier with respect to the portion of the carriage performed by such Other carrier or assumed any liability with respect to the portion of the carriage performed by such Other carrier.
13.3 Our liability for Damage to Baggage
13.3.1 We shall not be held liable for damage to unchecked baggage (other than damage caused by delay as specified in Article 13.4 below) unless the damage was caused by our negligence or the negligence of our authorized agents.
13.3.2 We will not be liable for Damage to Baggage resulting from the inherent defect, quality or vice of the Baggage. Likewise, we will not be liable for fair wear and tear of Baggage resulting from the usual and normal rigors of transportation by air.
13.3.3 Our limit of liability for damage to baggage (both checked and unchecked baggage) shall comply with the regulations in the Convention. If you only receive part but not all of your checked baggage, or in the event of damage to part but not all of your checked baggage, our liability with respect to the undelivered or damaged portion shall be reduced proportionately on the basis of weight/number of articles, notwithstanding the value of any part of the baggage or contents thereof.
13.3.4 We shall compensate you for damage to your baggage on the principle of compensation for actual damage but not exceeding our limit of liability. You are responsible for proving actual damage to your baggage.
13.3.5 The limits of liability mentioned above will not apply if you are able to prove that the Damage resulted from an act or omission by us or our agents carried out either:
- with the intention of causing Damage; or
- recklessly and with actual knowledge that Damage would probably result and you prove that our employees or agents responsible for the act or omission were acting within the scope of their employment
13.3.6 The limit of liability for Damage to both Unchecked and Checked Baggage established by local law applies to your Baggage where local law applies to your journey.
13.3.7 The limit of liability for Damage to both Unchecked and Checked Baggage specified in 12.3.3 shall be applied to damage to Unchecked Baggage and Checked Baggage where the Convention is not applied to your carriage and no limit of liability is established by applicable local law.
13.3.8 If the weight/number of articles of your baggage is not recorded on the Baggage check, it is presumed that the total weight/number of articles of your Checked baggage does not exceed the applicable free baggage allowance for your class of service as disclosed on our Website.
13.3.9 We are not liable for Damage to Baggage caused by delay if we prove that (i) we and our agents took all measures that could reasonably be required to avoid the Damage or (ii) that it was impossible for us or our agents to take such measures.
13.3.10 We are not liable for injury to you or for Damage to your Baggage caused by property contained in your Baggage or anyone else. You are responsible for any Damage caused by your Baggage to other people, including property and you shall indemnify us for all losses and expenses incurred by us as a result thereof.
13.3.11 We are not liable in any way whatever for Damage to articles which you include in your Baggage which you are prohibited from including in your Baggage by Article 8.4, including to Damage to fragile or perishable items (fresh and perishable foodstuff…), keys, artwork, cameras, money, jewelry, precious metals, silverware, gemstone, medicines, drug, dangerous goods, computers, electronic devices, securities or other valuables, negotiable papers, contract, business documents, samples, passports and other identification documents, other precious and/or valuable items which are included in your Baggage but not declared a higher value of Baggage and Damage to other similar items regardless of our knowledge.
13.3.12 We are not liable in any way whatever for Damage to your Baggage caused by your failure including failing to take responsibility for clearing, checking-in and re-tagging Baggage for carriage on another flight with a Carrier which we do not have an interline agreement with.
13.3.13 We are not liable for Damage to your Baggage unless such Damage is caused by the negligence of us. If there has been contributory negligence on your part, our liability shall be subject to the applicable law relating to contributory negligence.
13.4 Lialibity limitations of carrier
13.4.1 The Carrier is liable to the shipper and the consignee or their authorised persons for damages sustained in the event of destruction or loss of, or damage to, or delay in the transport of cargo. The Carrier is not liable if the destruction, loss of or damage to cargo resulted from one or more reasons below:
i. The inherent defect, quality or nature of the cargo.
ii. Packing mistake caused by a person who is not the Carrier or the Carrier’s staff or agent.
iii. War or armed conflict.
iv. Actions from concerned country’s authority relating to export, import or transit cargo.
v. The Carrier is not liable in any event for any loss when it fully performs all its duties in compliance with these Conditions and concerning rules and regulations, whether or not it is aware of that such loss, deficiency and damage might be incurred.
vi. The Carrier is wholly or partly exonerated from liability to the claimant if the loss, deficiency and damage of cargo caused by negligence, carelessness, omission and illegal acts of claimant or person from whom claimant has his own right.
vii. The Carrier is wholly or partly exonerated from liability to the claimant if the loss, deficiency and damage of cargo caused by negligence, carelessness, omission and illegal acts of claimant or person from whom claimant has his own right.
The Carrier is exonerated from liability to the costs arisen as shipper do not comply to provide cargo information ruled as these Conditions.
viii. The Carrier shall not be liable for refusing to carry any shipment if he determines that such refusal is required by any applicable laws, government regulations or requirements.
ix. The Carrier has the right to require the shipper, owner and the consignee to indemnify him if their property causes damage to or destruction of another shipment or of the property of the Carrier, and to indemnify him for all losses and expenses incurred by the Carrier.
x. The Carrier’s liability for the shipment is set from the time when the shipper finishes cargo sending procedures till the time when the Carrier delivers the shipment to person entitled to delivery.
In case a shipment transfers to other carriers, such liability is set by applicable law, unless this Conditions provides other provisions on its conditions of carriage.
13.4.2 The Carrier’s liability limitation
i. The limitation of the Carrier’s liability due to loss, deficiency, damage or delay shall comply with the provisions of the Convention. If the shipper makes a declaration of value for carriage and pays valuation charge, the Carrier will indemnify to the shipper for such payment, unless the Carrier proves that declared value is more than actual value of the shipment delivered at the airport of destination. All claims shall be subject to the contract of carriage and proof of value .
ii. In case of loss, deficiency or delay of part of the shipment or any object contained therein, the weight to be taken into consideration in determining the amount to which the Carrier’s liability is limited shall be only the weight of the package or packages concerned.
iii. Whenever the liability of the Carrier is excluded or limited under these Conditions, such exclusion or limitation shall apply to agents, servants or representatives of the Carrier.
iv. The Carrier is not liable for cargo damage due to delay if the Carrier prove that the Carrier and his representative implement all actions that are requested reasonably to prevent damage or the Carrier and his representative cannot implement that actions.
13.5. Our liability for Damage caused by delay to Passenger
13.5.1 Our liability for Damage caused by delay in your carriage by air is limited by the Convention.
13.5.2 Whether or not the Convention applies to your claim, we are not liable for Damage to Passenger caused by delay if we prove that we and our agents took all measures that could reasonably be required to avoid the Damage or that it was impossible for us or them to take such measures.
13.6 General provisions
To the extent not in conflict with the foregoing and whether or not the Convention applies:
13.6.1 We are not liable for any Damage arising from our compliance with any laws or government regulations, orders or requirements, or from your failure to comply with them.
13.6.2 Except where these conditions of carriage state differently, our liability shall be limited to actual damage proved by you and subject to applicable laws.
13.6.3 If your age or mental or physical condition is such as to involve any hazard or risk to yourself, we shall not be liable for any illness, injury or disability, including death, attributable to such condition or for the aggravation of such condition.
13.6.4 If you have a confirmed space and we are unable to provide such space or proper class of service, we shall be held liable only for your damage arising from our negligence, but our liabilities in this case shall be limited to refunding reasonable costs for accommodation, meals, information and transportation from/to the airport and compensation for any damage suffered by you in accordance with the regulations disclosed on our Website.
13.6.5 Any exclusion or limitation of our liability shall apply to and be for the benefit of our Agents, employees and representatives and any person whose aircraft is used by us and such person's Agents, employees and representatives. As a result, the total amount recoverable from us and from such Agents, employees, representatives and persons shall not exceed the amount of our limit of liability.
13.6.6 Unless stated otherwise in these conditions of carriage, nothing in these conditions of carriage gives up any exclusion or limitation of liability to which we are entitled under the Convention or applicable law which may apply.
13.6.7 We are not liable for any Damage caused by Force Majeure conditions for us as Act of God, war, strike...
ARTICLE 14. NOTICE OF CLAIMS AND LIMITATION ON CLAIMS AND ACTION
14.1 Notice of Claims
Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise.
Passenger shall immediately notify us of any irregularities of Baggage (loss, damage, delay in baggage) at the place of receipt of Baggage for us to make a Property Irregularity Report (PIR). The recipient of the Baggage without claim is the first evidence that the Baggage has been returned by us in good condition and in accordance with the Contract of carriage.
Every such claim must be in writing and posted or delivered to us within the prescribed periods. If you miss these deadlines, you will lose any right to claim and/or bring any action against us before court.
a) If the Passenger wishes to claim and compensate for the Damage to the Checked Baggage, the Passenger must do so immediately upon discovery of the Damage, and at the latest within seven (07) days of tracking post office since receiving baggage.
b) If the Passenger wishes to make a claim and compensation related to the loss of one or more pieces of Checked Baggage, the Passenger must do so within seven (07) days by postmark of the date on which it should have been received.
c) If a Passenger wishes to make a claim and compensation related to the delayed carriage of Checked Baggage, the Passenger must do so within twenty-one (21) days of the postmark of the date of arrival of the Baggage.
14.2 Notice of Claims about Cargo
14.2.1 Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie evidence that the cargo has been delivered in good condition and in accordance with the contract of carriage.
14.2.2 We only accept complaints from consignee or carrier (when authorized by receiver, when receiver refuses to receive cargo, when we cannot contact consignee, we confirm lost the entire consignment) or legal authorized person of these persons.
a) In the case of loss of, damage or delay to cargo a written complaint must be made to Carrier by the person entitled to delivery. Such complaint must be made:
b) in the case of damage to the cargo, immediately after discovery of the damage and at the latest within 14 days from the date of receipt of the cargo;
c) in the case of delay, within 21 days from the date on which the cargo was placed at the disposal of the person entitled to delivery;
d) in the case of non-delivery of the cargo, within 120 days from the date of issue of the air waybill, or if an air waybill has not been issued, within 120 days from the date of receipt of the cargo for transportation by the Carrier.
14.3 Limitations Period
Unless otherwise provided by law or a Passenger's right to sue for Damage terminates earlier as otherwise set forth in these Conditions of Carriage, Passenger shall not be entitled to claim for Damage if have failed to take court action within two years of:
- The date the Passenger arrives at the destination
- The date the aircraft should have arrived at the destination, or
- The date of carriage was terminated
The method of calculating the time is determined by the law where the court accept the case.
ARTICLE 15. CHOICE OF LAW AND JURISDICTION
Unless otherwise provided by the Convention or any applicable law, the government regulations, orders or requirements:
- These Conditions of Carriage and any carriage which we agree to provide you with (in respect of yourself and your Baggage) shall be governed by the laws of Vietnam; and
- Any dispute between you and us concerning or arising out of such carriage in any way whatsoever shall be subject to the non-exclusive jurisdiction of Vietnamese courts located in Ho Chi Minh city.
ARTICLE 16. MODIFICATION AND WAIVER
None of our agents, employees or representatives has the authority to alter, modify or waive any provisions of these Conditions.