I. CONDITIONS OF CARRIAGE
Article 1: Definition
In the terms of carriage, the following expressions have the following meaning:
1.1. “We / us / our / ourselves” means Bamboo Airways Joint Stock Company (Bamboo Airways).
1.2. “Connecting flight” means a subsequent flight providing onward travel under the same Ticket, other type of Ticket or on a conjunction Ticket.
1.3. "Convention” means any of the following, as applicable:
1.3.1. The Convention for the Unification of Certain Rules Relating to International Carriage by Air signed in Warsaw on 12 October 1929 (hereinafter referred to as the Warsaw Convention)
1.3.2. The Warsaw Convention which was amended in The Hague on 28 September 1955 (hereinafter referred to as the amended Warsaw Convention in The Hague; and
1.3.3. Any other applicable protocols, Conventions or legal documents.
1.3.“Authorised Agent” means a passenger sales agent who has been appointed by us to represent us in the sale of air transportation over our services and, when authorised, over the services of other air carriers.
1.4. “Stopover” means a scheduled stop on your journey, at a point between the place of departure and the place of destination.
1.5. “Agreed stopping points” means those places, except the place of departure and the place of final destination, set forth in the Ticket or shown in our timetables on your itinerary.
1.6.“Force Majeure” means unusual and unforeseeable circumstances beyond our or your control, the consequences of which could not have been avoided even if all due care have been exercised.
1.7. “Conditions of Contract” means those statements contained in or delivered with your paper or Electronic Ticket (Itinerary Receipt) which incorporates by reference these Conditions of Carriage, and notices(s).
1.8. “Conditions of carriage” means the requirements, content related to the carriage which We have notified Passengers, including the information displayed on Tickets and/or on websites and/or in the approved Conditions of carriage and/or in other forms of announcement.
1.9. ” Unit – SDR” means the currency unit determined by the International Monetary Fund and defined as Special Drawing Rights (SDR).Unit is converted to Vietnamese dong according to the official exchange rate announced by the State Bank of Vietnam at the time of payment.
1.10. “Fares” “Tariff” means our fares and expenses are published on the Website or in writing with the applicable terms and conditions.
1.11. “Other carrier(s)” means any carriers other than Us. These carriers’ codes are printed on the Passenger’s Ticket or Conjunction Ticket.
1.12. “Passenger” means any individual, except for members of the operating crew, who are carried or to be carried on an aircraft with Our consent.
1.13. Baggage” means the personal properties accompanying Passengers in connection with their journeys.Unless provided otherwise, it consist of both the Checked and Hand baggage.
1.14. “Checked Baggage” means Baggage of which we take sole custody and for which we have issued a Baggage Check.
1.15. “Hand baggage” means any Baggage of Passengers other than Checked baggage, including all items which are brought on board by Passengers and which are solely in Passengers’ custody during flights.
1.16. “Airline Designator Code” means two-characters or three letters which identify particular air carriers.
1.17. “Booking code” is the code registered in our reservation system, reserved by us and issued to you to confirm the reservation on your flight.
1.18. “Days” means calendar days, including all seven days of the week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted
1.19. “Authority” is the government agency, the specialised agencies or the authorised organizations/individuals.
1.20. “Our Regulations” means rules, other than these Conditions of Carriage and Tariffs, published by us and in effect on the date of the commencement of carriage, governing the carriage of Passengers and Baggage.
1.21. “Baggage identification tag” means a document We issue to Passengers to identify their Checked Baggage.
1.22. “Damage” includes the death or wounding to a Passenger, or any bodily injury suffered by a Passenger, caused by an accident on the aircraft or during any of the operations of embarking or disembarking. It also means damage sustained in the event of the destruction or the total or partial loss of or damage to Baggage which occurs during carriage by air. In addition, it means the Damage occasioned by delay in the carriage by air of Passengers or Baggage.
1.23. “Check-in deadline” means the time limit provided by the Carrier by which Passengers must complete check-in and receive boarding passes.
1.24. “Passenger Coupon” or “Passenger Receipt” means that portion of the Ticket issued by us or Authorised Agent, which is to be retained by you.
1.25. “Itinerary Receipt” means a document or documents We or Authorised Agents issue as a Ticket to Passengers travelling on Electronic Tickets that contains the Passenger’s name, flight information and other notices.
1.26. “Flight Coupon” is the Electronic Coupon which indicates the particular places between which you are entitled to be carried.
1.27. “Ticket” means the electronic Confirmation of itinerary provided and sent by Us or Our authorized agent to passengers via the email addresses registered in the bookings. Ticket should state Passenger’s name, booking code, flight information and other information related to the journey.
1.28. “Conjunction Ticket” means a Ticket issued to you with relation to another Ticket which together constitute a single Contract of carriage.
1.29. “Baggage Check” means those portions of the Ticket which relate to the carriage of your Checked Baggage.
1.30. "Website” means our website at www.bambooairways.com.
Article 2: Applicability
2.1. These Conditions of carriage apply to all our carriage services printed on the Ticket, unless We provide otherwise in our regulations or other related contracts, certificates and Tickets.
2.2. These Conditions and Carrier’s Regulations are subject to change without prior notice; such change shall be published in our website. These Conditions of Carriage and an essential part of the regulations are published widely and passenger may request for details at any time.
2.3. The official language of this conditions of carriage is Vietnamese. In case of translation of this Regulation in other languages, the Vietnamese version shall prevail and be used to explain the provisions of this conditions of carriage.
2.4. Conditions prevail over regulations: Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and any other regulations we may have, dealing with particular subjects, these Conditions shall prevail.
2.5. Charters: If carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply only to the extent they are incorporated by reference or otherwise, in the Ticket or other agreement with the Passenger.
2.6. Code shares: On some services we may have arrangements with other carriers known as “Code Shares”. This means that even if you have a reservation with us and hold a Ticket where our name or Airline Designator Code is indicated as the Carrier, another carrier may operate the aircraft. If such arrangements apply we will advise you of the name of the other carrier operating the aircraft at the time you make a reservation.
2.7. Carriage to/from Canada and United State of America
2.7.1. These conditions apply to carriage between places on Canada or between a place in Canada and any place thereof only to the extent they are incorporated in tariffs in force in Canada.
2.7.2. These Conditions do not apply to air transportation as defined in the US Federal Aviation Act 1958.
2.8. Overriding law
The governing laws of these conditions of carriage are Vietnamese laws. In regard to international carriage pursuant to the Convention, the regulations of the Convention shall apply.
Insofar as any regulations contained in these conditions may be contrary to the regulations of Vietnamese laws and the Convention, the regulations of Vietnamese laws and the Convention shall prevail.
Article 3: Ticket or the itinerary confirmation
3.1. Principal evidence of contract: Ticket is the evidence of the Contract of carriage between Passengers and Us.
3.1.1. Requirement for Ticket: In the case of an Electronic Ticket, you shall be entitled to be carried on a flight if you provide positive identification and a valid Electronic Ticket has been duly issued in your name and delivered to you.
3.2. Ticket transference: Ticket is only transferrable in accordance with the conditions of the Ticket and the current published Tariff from time to time.
3.3. Period of validity: Ticket is valid only to Passengers whose names and travel dates, flights are clearly stated on the Ticket.
3.3.1. If after having commenced your journey, you are prevented from travelling within the period of validity of the Ticket by reason of illness, we may extend the period of validity of your Ticket until the date when you become fit to travel or until our first flight after such date, from the point where the journey is resumed on which space is available in the booking class for which the fare has been paid. Such illness must be attested to by a proper medical certificate. When the Flight Coupons remaining in the Ticket, or in the case of an Electronic Ticket, the Electronic Coupon, involve one or more Stopovers, the validity of such Ticket may be extended for not more than three months from the date shown on such certificate. In such circumstances, we will similarly extend the period of validity of Tickets of other members of your immediate family accompanying you.
3.3.2. In the event of death of a Passenger en route, the Tickets of the persons accompanying the Passenger may be modified by waiving any restriction and extending the validity. In the event of a death in the immediate family of a Passenger who has commenced travel, the validity of the Passenger’s Tickets and those of his or her immediate family who accompanied the Passenger may likewise be modified. Any such modification shall be made upon receipt of a proper death certificate and any such extension of validity shall not be for a period not longer than forty-five (45) Days from the date of the death.
3.4 Verification: Passengers must present their e-ticket, or the itinerary / receipt of the scheduled flight to the passenger that was issued in accordance with the Bamboo Airways Regulations and the identification of the passenger as specified in Circular of the Ministry of Transport. In addition, at the boarding gate, passengers must present their boarding pass designated by Bamboo Airways. If you do not comply with these requirements, we may refuse to carry you, or you will have to buy a new one.
3.5 Coupon sequence:
3.5.1. The Ticket you have purchased is valid only for the transportation as shown on the Ticket, from the place of departure via any Agreed Stopping Places to the final destination. The fare you have paid is based upon our Tariff and is calculated on the basis of the entire journey shown on the Ticket. It forms an essential part of our contract with you. The Ticket will not be honoured and will lose its validity if the Coupons (or flights mentioned in the Ticket) are not used in the sequence provided in the Ticket.
3.5.2. Should you be required to change any aspect of your transportation due to Force Majeure, you must contact us as soon as practicable and we will use reasonable efforts to transport you to your next Stopover or final destination, without recalculation of the fare.
3.5.3. Please be advised that in the event you do not show up for any flight without advising us in advance, we may cancel your return or onward reservations. However, if you do advise us in advance, we will not cancel your subsequent flight reservations.
Article 4: Fares, taxes, fees and charges
4.1. General: Fares and surcharges: The applicable fares apply only for carriage from the airport at the point of origin to the airport at the point of final destination, unless otherwise expressly stated. Fares don’t include any fees for ground services in the airport and for the transport from the airport to the city. The fare is calculated at the time of payment of the Ticket for your journey on the specific date and flight schedule stated on the ticket. Should you change your itinerary or dates of travel, this may change the fares and surcharges to be paid.
4.2. Infant: The fare for a child under the age of 2 (less than the second birthday as of the date of departure) will be applied according to the fee schedule published on the Bamboo Airways website or on our booking system. All flights are limited to the number of infants to ensure safety. An infant will have to sit on an adult’s lap and we will not accept infant seats in the cabin.
4.3. Children: Children between 2 years and under 12 years of age as of the departure date of the first flight in the journey
4.4. Taxes, Fees and Charges: Passengers must pay all taxes, fees, charges imposed on Passengers as required by the Government or other authorized organizations, or the airport operators, or Us or other Carriers. Passengers will be notified about the taxes, fees, charges and surcharges at the time of purchasing the Tickets; most of these information are normally shown separately on the Ticket.
4.5. Payment for Taxes, Fees and Charges: We shall not be obliged to carry, and may refuse onward to carry of a Passenger or his Baggage, if the applicable fare, any taxes, fees or charges payable have not been paid.
4.6. Currency: Fares, taxes, fees and charges are payable in the currency of the country in which the Ticket is issued, unless another currency is indicated by us or our Authorised Agents, at or before the time payment is made (for example, because of the non-convertibility of the local currency). We may, at our discretion, accept payment in another currency.
Article 5: Stopovers
5.1. Stopovers may be permitted at Agreed Stopping Places subject to relevant authorities’ requirements and Our Regulations.
5.2. Stopovers must be arranged with Carrier(s) in advance and specified on the Ticket.
Article 6: Reservations
6.1. Reservation requirements: We or our Authorised Agents will record your reservation(s). Upon request, we will provide you with written confirmation of your reservation(s). Subject to fare conditions, you are required to pay all fare at the time of ticket purchase in some cases
6.2. Ticketing time limits: Passengers comply with conditions of ticketing time limits as stated in the Terms and Conditions of the applicable ticket. In case of ticketing time limits are overdue, your hold booking will be canceled.
6.3. Personal data:
6.3.1 Passengers accept that your personal information is transferred to us for the purpose of making a reservation, purchasing Tickets, purchasing ancillary services, developing or providing services, assisting with immigration procedures and provide Passengers’ journeys to the relevant authorities. For the above purposes, Passengers agree to allow us to store and use personal information and transmit such information to our branches, offices, authorized representatives, authorities, or other related Service Providers.
6.3.2 When Passengers request or under the consent of Passengers, We may use the personal information provided by Passengers and We obtain, including information on the process of Passengers’ payment and utilities used by Passengers to serve the purposes:
- a) Booking, paying and purchasing Tickets, providing transportation services, related services and equipments;
- b) Accounting, invoicing and auditing, verifying credit or other payment cards;
- c) Controlling immigration and customs procedures;
- d) Ensuring safety, security, administrative and legal works;
- e) Market statistics and analysis, frequent customer program management;
- f) Testing, maintaining and developing the system;
- g) Customer relationship;
- h) Direct marketing and market surveys.
When providing information to third parties for the purposes mentioned above, we are committed and responsible for the third parties’ responsibilities to keep customer information confidentially in accordance with the law.
6.4 Seating: Passengers will be allocated seats when purchasing tickets, making check-in procedures or doing online procedures. Seating options at the time of purchase will or will not be free of charge or, depending on the type of ticket and the type of seat chosen. However, we reserve the right to change your seat at any time for safety reasons, as determined by the Authority, for security and health reasons, even if you have been on board. In the event that our flight schedule is changed, canceled, delayed… after passengers has successfully selected a seat, he / she is entitled to choose one of the following solutions:
- a) Arranging the passenger in the correct seat selected on the next flight;
- b) Arranging the passenger in the same seat on the next flight; or
- c) Arranging the passenger into any vacant seat on the next flight and refund the Passenger’s seat selection fee.
6.5. Service charge when space not occupied: Except in the case of travel on non-refundable fares, a reasonable service charge, in accordance with Our Regulations, may be payable by you if you fail to use space for which a reservation has been made.
6.6 Special services:
6.6.1. We will try to ensure that special services requested by you when you make your reservation depending on our availability. We will inform passengers in case we are unable to provide special services requested by passengers. Special services Request will be confirmed immediately or after our verification of transportation conditions or after passenger’s completion of the procedures under conditions of carriage. If passengers require special services at the airport, we will check conditions and inform passengers of the acceptance or not. We will not however, be liable to you for loss, expense, breach of contract or other damage should we, for any reason, be unable to supply such previously requested service.
6.6.2. If you are a passenger with a disability and you require any special assistance you should inform us at the time of booking of your special needs at least 24 hours before scheduled departure time so we can pre-arrange special support equipment upon request. If Passengers do not inform us in advance when special services are required, We will endeavor but do not guarantee to provide passengers with special requirements..
6.6.3. For safety reasons, we only accept carriage of up to 08 (eight) passengers with inable mobility on a flight [passengers are able to get on and off aircraft themselves and to travel in the cabin (WCHR) or Passenger has limited ability to ascend and descend aircraft stairs and is only able to move by themselves in the aircraft cabin (WCHS) ], of which maximum of 02 (two) WCHS passengers. We do not provide mobility aids in the cabin but we do have procedures to assist passengers with limited mobility in the cabin. We reserve the right not to accept carriage of passengers who are unable to move on their own in any position and need an aircraft wheelchair (WCHC).
6.6.4. We may require that you travel with an attendant if it is essential for the safety of the flight or if you are unable to evacuate yourself from the aircraft or you are unable to understand safety instructions. The escorts travelling with passengers who cannot evacuate on their own, must be at least 18 years old and physically fit to assist passengers to exit.
6.6.5. We reserve the right to cease accepting passengers who must travel on a stretcher on any flight.
6.6.6. For some of our special services, you may be charged a fee and you may be required to have an escort. Service fee is published on our Website or listed at our ticket offices or through Customer Service Center and is confirmed at the time that passengers book the service.
6.6.7. Other special supports: Acceptance for carriage of unaccompanied children, passengers with reduced mobility, pregnant and persons with illnesses or any other person who requires special assistance may be subject to our arrangement and regulations.
Article 7: Check-in and boarding
7.1. Check in: Passengers must be present at the check-in counter and the boarding gate within the times specified to ensure the completion of all essential procedures before the departure of the aircraft. The time to open the check-in counter before the scheduled departure time is as follows:
The time to open the check-in counter
- 2 hours with domestic flight
- 3 hours with international flight which departs from Vietnam
- From 02 to 04 hours with international flights departing outside Vietnam.
The time to close the check-in counter
- 40 minutes minutes prior to the scheduled departure times for domestic flights
- 50 minutes minutes prior to the scheduled departure times for international flight.
Check-in procedures may vary between airports and specific flights and shall be published publicly on our Website or informed to Passengers when booking Tickets. We reserve the right to cancel your reservation if you do not comply with the Check-in Deadlines indicated. You should inform yourself of the Check-in Deadlines. Check-in Deadlines for our flights can be found in our Website or may be obtained from us through Center ticket office, or our Authorised Agents. We reserve the right to cancel your reservation if:
- a) Passengers are present at the check-in counter 40 minutes later (for domestic flights) and 50 minutes (for international flights) than the scheduled departure time.
- b) Passengers do not have valid identification as prescribed by the Authorities or fail to prove their identity to our employees;
- c) Passengers do not have enough valid documents, permits or visas necessary to reach a certain destination or country as prescribed by the Authorities;
- d) Passengers do not pay the full freight rates or any kind of fees or charges to us;
- e) Passengers have violent acts against our staff or cause disturbance at check-in counters or have any acts or words that offend our staff;
- f) The Government or other competent authorities prohibit Passengers from traveling on flight or do not allow check-in or boarding;
- g) In our judgment, a Passenger is not suitable for departure due to drunkenness or a markedly weak condition;
- h) In our judgment, Passengers are not fit to depart or the Passengers’ health conditions may threaten or endanger the health of other Passengers.
7.2. Requirements for boarding procedures: Passengers must present their identification and provide the ticket number, itinerary/ receipt, the booking code in accordance with the regulations when making check-in procedures. In the case of identity papers required to verify the passenger is not available at the time of procedure, We have the right to refuse passenger procedures.
7.3. Self check-in: Upon actual conditions, We can provide self check-in utility. Specific conditions and instructions for this utility are published on our Website and are subject to change from time to time without prior notice. For international flights, Self check-in passengers are required to present at the counter and to present us with the required documents.
7.4. In the event that seat is unavailable for Passengers even though Passengers has been confirmed seats, Passengers is entitled to:
- a) We carry passengers on the nearest flight with available seats under our schedule without extra charge or arrange to buy tickets of another airline to carry passengers to the destination within the appropriate time upon the estimated landing time of the original flight. If we are unable to arrange, we will compensate and provide any assistance as required by applicable law.
- b) Choose another flight Date, reserve the value of the Passenger’s freight in our system for future travel unless Passenger must make a reservation within 180 Days from the time of exercising this option.
- c) Refund Ticket to Passenger if Passenger does not agree with the above options.
7.5.1. Passengers must be present at the boarding gate not later than the time specified on the boarding pass. We close boarding gate 15 (fifteen) minutes before the scheduled departure time. We reserve the right to refuse carriage and cancel your seat if you are not present at the boarding gate at the time of boarding.
7.5.2. If we are unable to arrange for a Passenger to bring cabin baggage into the cabin, we may require the Passenger to check-in baggage. In this case, the Passenger will not be charged for Checked Baggage.
7.6. Absences: If the Passenger fails to check in on time or to board the aircraft before the boarding closing time, Passenger’s ticket will not be refunded upon the conditions of each ticket class that Passenger has purchased.
7.7. We are not liable in any way caused by Passenger: (i) Does not have the necessary documents such as passport, visa, health certificate and other documents, or (ii) has passport, visa, health certificate, and other documents that have expired or are not valid, or (iii) do not comply with laws, regulations, ordinances, requirements, and tutorial.
7.8. Personal identification documents: Passengers must present to us all travel documents as prescribed by the law, regulations, requirements or conditions of the related countries, including passports, visas, migration certificates and other documents. These documents will be handed to the crew member for maintenance and storage until the end of the flight. At our request, Passengers must allow us to make a copy of their passports or other equivalent identification documents.We reserve the right to refuse carriage if Passengers do not comply with these requirements or their identification documents appear invalid.
7.9. Refusal of entry: If you are denied entry into a country other than Vietnam, you will be liable for all penalties or fees that we pay in accordance with the regulations of the relevant national authorities, the detention, transportation of passengers out of that country, and the reasonable expenses that we pay or agree to pay. We do not refund your fare to the point of entry or deportation
7.10. Passenger responsible for fines, detention costs: If we are required to pay or deposit any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse us, any amount so paid or any expenditure so incurred. We may apply toward such payment or expenditure the value of any unused carriage on your Ticket, or any of your funds in our possession.
7.11. Customs or other official inspection: If required, you shall attend inspection of your Baggage, by customs or other government officials. We are not liable to you for any loss or damage suffered by you in the course of such inspection or through your failure to comply with this requirement.
7.12. Security inspection: You must allow us, government officials, airport officials, or other Carriers to carry out security screening of you and your Baggage. We are not liable to you for any Damage suffered by you in the course of such security checks or through your failure to comply with this requirement unless caused by our negligence.
7.13. Disclaimer: We are not responsible to passengers for any damages or costs incurred by passengers who do not comply with the provisions of this Article.
Article 8: Baggage
8.1. Hand baggage:
8.1.1. Passengers aged from 02 years are allowed to bring 01 (1) piece for Economy Class passengers, and the weight of each piece must not exceed 7 kg/ 02 (two) items for Business Class passengers and every passenger can bring one small bag that must not exceed 40cm x 30cm x 10cm in dimensions for the personal purpose or using on board..
- a) The dimension must not exceed 56 cm x 36 cm x 23 cm.
- b) The small item can only include things such as women’s bags, laptops, books, magazines, cameras, children’s food containers, duty-free goods, etc… This item must be able to fit under the seat in front of you.
8.1.2. Carry-on baggage must fit under the seat or into the Baggage compartment in the Cabin. Baggage which we determined to exceed the weight or dimensions specified in our regulations will not be carried into the Cabin.
8.1.3. Children under 2 years old are not eligible for baggage allowance.
8.1.4. If the hand baggage is overweight or oversize, or don’t meet our regulations or aviation safety regulations, it will be refused carriage. If we accept to carry, the baggage be accepted as Checked Baggage and passengers will be charged for that checked baggage.
8.2. Special baggage: Some special items are not suitable as check-in baggage due to its nature and request permission to carry in the cabin. Such baggage should be stored at the closed overhead bin or under the seat. If it cannot place the locations as mentioned, it will be treated as cabin baggage and charge for an extra seat, including: strollers, prams, wheelchairs, crutches, dental braces, artificial limbs, medical equipment, certain types of medicine (official documents showing that passengers need these medicines for valid medical use), sculptures, musical instruments etc…
8.3. Cabin baggage: Any unchecked items occupying extra seats are charged and considered as Cabin Baggage such as an urn, Buddhist Statue carved statue, musical instruments, or other fragile/valuable items. Each Cabin baggage must not exceed 75 kg per seat and 40 cm x 50 cm x 160 cm in dimension. Cabin baggage must be secured in a seat nearby to the passenger and comply with all safety regulations. Passengers travelling with CBBG must book no later than 48 hours prior to flight departure and be present at the boarding gate 40 minutes before the scheduled departure time for cabin baggage handling procedure.
8.4. Checked Baggage:
8.4.1. Upon delivery to us of your Baggage which you wish to check, we will take custody of and issue a Baggage Identification Tag, for each piece of your Checked Baggage. Checked baggage must have the Passenger’s name or be identified with a personal identification.
8.4.2. Checked baggage is transported on the same flight with Passenger. If we consider that safety or security, such carriage cannot be made, we will carry the Baggage on another flight. In this case, Checked Baggage will be transported and returned to Passenger unless Passenger has to complete customs procedures in accordance with applicable laws.
8.4.3. The baggage allowance depends on the class of ticket, the airport and the destination of Bamboo Airways. Passengers may purchase checked baggage increments according to our applicable policies published from time to time.
8.4.4. Each passenger is allowed to check 01 golf set or 1 bicycle for FREE not exceeding a total weight of 23 kg on Vietnam domestic flights (applicable to the fare class of Bamboo Plus and Bamboo Business). For the fare class of Bamboo Eco, golf set/ bicycle will be charged as excess baggage.
8.4.5. As our regulation, each checked baggage shall not exceed 32 kg and/or the total dimension (length + width + height) must not exceed 203 cm. You will be required to re-pack your bag if the weight per piece of checked baggage exceeds 32kg. Alternatively, you may want to consider sending your baggages as cargo. If the Baggage is not repackaged or Passenger does not agree to forward by freight, we will not accept carriage. In any case, We are not responsible for: (i) Damage caused by Passengers without complying with the regulations on Baggage weight, separation and re-packing, (ii) the refusal Carriage of baggage exceeding the prescribed weight.
8.5. Oversized Items: as the airport regulation, any bag or item with a single side longer than one metre (1000mm, 39in), including wheels, handles and packaging is oversized. The over oversized item handling fee depends on the conditions of each airport. Oversized items include sporting equipment such as golf bags, surfboards, skis, bikes, etc. Oversized items will count towards your total checked baggage weight. If you choose to bring any oversized items, you pay the fee per item, per flight. Any oversized assistive devices, mobility aids, medical equipment and infant items can be checked in for free.
8.6. Excess baggage: The weight and the number of checked baggage are allowed to be carried based on the condition of the purchased ticket as well as the cargo hold on the aircraft, type of transport aircraft. In the case of passengers carrying in excess of the maximum allowable weight for baggage allowances, passengers will have to pay excess baggage fee in accordance with the fee set by Bamboo Airways. Baggage fees are non-refundable and non-transferable.
8.7. Unacceptable items as Baggage
8.7.1. You must not include in your Baggage:
- a) Items which do not constitute Baggage as defined in Article 1 hereof;
- b) Items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in Our Regulation.
- c) Items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from, or to;
- d) Firearms, ammunition and support instruments are prohibited from carriage as Baggage unless having acceptance from the authority. Explosives, explosive materials, flammable substances, items which can be used as threatening weapons, and other dangerous substances may only be accepted as Checked Baggage, subject to Our Regulations. For safety reason, cartridges must be taken out from the guns. Cartridges must be suitably packed. Carriage of the firearms, ammunition and support instrument is subject to Our Regulations and those of ICAO, IATA, Airport Authorities.
- e) You are prohibited from including in your Checked Baggage, fragile or perishable items (fresh and perishable foodstuff…), artwork, cameras, money, jewellery, precious metals, silverware, computers, electronic devices, securities or other valuables, negotiable papers, contract, business documents, samples, passports and other identification documents, other valuable items.
- f) If, despite being prohibited, any items specified in Articles 8.9 are included in your Baggage, we shall not be responsible for any Damage to such items.
8.8. Right to refuse carriage
8.8.1. We may refuse to carry as Baggage the items described in Article 8.9, and we may refuse further carriage of any such items upon discovery that it is included in your Baggage.
8.8.2. We may refuse to carry as Baggage any item, reasonably considered by us to be unsuitable for carriage because of its size, shape, weight, content, character, or for safety or operational reasons, or the comfort of other Passengers and Baggage.
8.8.3. We may refuse to carry as Baggage any item, due to security, safety or operational reasons, including Baggage which does not belong to you and which you partially own. We shall not be responsible for any Damage or inconvenience which may cause to you as a result of refusal of such Baggage.
8.8.4. Unless advance arrangements for its carriage have been made with us, we may carry on later flights Baggage which is in excess of the applicable free allowance.
8.8.5. We may refuse to accept Baggage as Checked Baggage unless it is properly and securely packed in suitcases and suitable containers to ensure safe carriage with ordinary care in handling.
8.8.6. We and our agents shall not check through Baggage for other Carriers where we do not have an interline agreement with them. Therefore, where you intend to arrive at an airport on another Carrier’s flight in order to connect with one of our flights or you intend to arrive at the airport on one of our flights in order to connect with another Carrier’s flight you must check in advance whether we have an interline agreement with them. If we do not, you are responsible for clearing your Baggage and having it checked-in and re-tagged for the next flight. In such circumstances, we are not liable for any Damage to you and to your Baggage.
8.9. Right of inspection: For safety and security reasons, we may ask passengers to authorize us to perform security screening on themselves and their baggage. If passengers are absent upon request, we will still inspect their baggage for the purpose of confirming if passengers carry or their baggage include prohibited or dangerous items for flights. If passengers refuse screening, we reserve the right to refuse the carriage of such passengers and their baggage. In the event of any loss or damage to passengers or baggage arising out of security screening, such as the use of scanning devices, we hold no liability for such damage or loss unless due to our fault.
We are not responsible for objects in the person or in the Baggage of Passengers seized by the Authorities in accordance with international regulations or the Authorities of the host country, even if these items are subsequently seized back or destroy.
8.10. Collection and delivery of Baggage
8.10.1. You are required to collect your Checked Baggage as soon as it is made available at your destination or Stopover. Should you not collect it within a reasonable time (maximum of 3 days), we may charge you a storage fee. Should your Checked Baggage not be claimed within three (3) months from the time it is made available, we shall not be liable to you for the Baggage. The proceeds from the liquidation of goods after subtracting expenses related to the transportation, storage and liquidation of goods must be returned to the competent person receiving them; If the time limit of 180 (one hundred and eighty) expires from the date of liquidation of the goods and the recipient has no right to claim, the remainder shall be remitted to the State budget.
8.10.2. Only the bearer of the Baggage Check and Baggage Identification Tag is entitled to delivery of Checked Baggage.
8.10.3. If a person claiming the Baggage is unable to produce the Baggage Check and identify the Baggage by means of a Baggage Identification Tag, we will deliver the Baggage to such person only on condition that he or she establishes to our satisfaction his or her right to the Baggage thereto
8.10.4. Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery shall constitute sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage.
Article 9: Refusal of and limitation on carriage
9.1. Cases to refuse carriage: We may refuse to carry you or your Baggage (even if you hold a valid Ticket and/or have a boarding pass) if we determine that:
9.1.1.You fail to observe our instructions with respect to safety or security; or to disturb social order, endangers the operational safety or influences the life, health and property of other persons
9.1.2. Passengers who get drunk or affected by pharmaceutical products and have lost their act control capacity
9.1.3. You have committed misconduct on a previous flight, and such conduct may be repeated
9.1.4. You have refused to submit to a security check for yourself or your Baggage, or having submitted to such a check, you fail to provide satisfactory answers to security questions at check- -in or at the boarding gate, or Passengers forged passports, visas and legal papers.
9.1.5. We may refuse to carry you if we determine that you do not comply with any applicable laws, regulations, or orders of any state or country to be flown from, into, or over;
9.1.6. Passengers have not paid the applicable fare, taxes, fees, or charges incurred.
9.1.7. Passengers refuse our requests information about yourself for providing product, services and/or information required by governments; or
9.1.8. Passengers do not appear to have valid travel documents
9.1.9. The Passengers’ bookings were made by committing fraud, using illegal methods or with the assistance of a person other than our authorized Agents;
9.1.10. Your conduct, age or mental or physical state is such as (a) to require special service but have no prior arrangement with us; or (b) due to the health status of Passengers that We found that the transport or continue to transport will cause harm to the Passengers, to other people in the aircraft or endanger the flight; or (c) to prevent the spread of disease.
9.2. Refuse to transport or force the Passenger to leave the aircraft:
9.2.1. To ensure the security and safety for the flight, we reserve the right to refuse to carry the Passenger or cancel the unused portion of the Passenger’s voucher in the following cases: (i) The passenger is disruptive; or (ii) the person is unable to control her/his behavior; or (iii) based on the physical and mental conditions of the passengers we find affecting the safety and life of such passengers; or (iv) a person is refused entry; or (v) fails to comply with the rules and instructions of aviation personnel at airports, or on board aircraft; or (vi) disrupting order and discipline at airports or on board aircraft; or (vii) the expelled person with no escort; or (viii) publishes, falsifies information to the extent that threatens the safety and security of airports, aircraft in flight or on the ground and Passengers; or (ix) at the request of Vietnamese or foreign aviation authorities.
We reserve the right to ban on flying, either in a limited time or permanently, to Passengers on all flights operated by Bamboo Airways. The flight ban also does not allow to buy Tickets or to recommend or to buy Tickets on behalf. If Passengers attempt to use Our transportation service when the flight ban is still in effect, We will refuse to carry Passengers.
9.3 Liability in case of refusal to transport
9.3.1. We are not liable for any loss or damage arising from a Passenger being refused carriage or not accepted for further carriage as provided in Articles 9.1 and 9.2 above.
9.3.2. In contrast, we reserve the right to request passengers to indemnify all expenses associated with a claim or loss, including expenses due to flight diversion as a result of their conduct, behavior or status. specified in Article 8.2.1 above and the consequences of refusing to carry or not accepting further carriage of Passengers.
9.4 Pregnant passengers: For safety concerns, pregnant passengers are advised to inform our staff about your pregnancy status at reservation and required to sign a “Waiver of responsibility” form at the airport. The regulations for pregnant women of Bamboo Airways are as follows:
9.4.1. Pregnancy of less than 28 weeks (up to 27 weeks 6 days): Accepted as usual, but passengers are required for one foetus examination book, ultrasound exams (or picture of one of these documents) that identify the gestational age and sign a “Waiver of responsibility” form at the airport.
9.4.2. Pregnancy between 28 weeks to under 32 weeks (up to 31 weeks 6 days): the passenger must present foetus examination book, the confirmations from doctors which state the duration of their pregnancies and their health eligible to fly including that passengers are in good health and the pregnancy is progressing normally without complications, the estimated week of pregnancy, expected child bearing time. Documents are valid within 15 days of the actual departure date of the first flight. This record is still accepted for the next flight if the Passenger does not have a health problem during the journey and meets the gestational period of less than 32 weeks by the actual departure date of the next flight. At the same time, passengers must sign a “Waiver of responsibility” form at the time of check-in.
9.4.3. Pregnancy between 32 weeks to under 36 weeks (up to 35 weeks 6 days), pregnancy with twins or more from 28 weeks to less than 32 weeks of age (up to 31 weeks 6 days) or Pregnant women using artificial insemination or poor health condition of guests or the fetus is judged to be abnormal by a doctor: Guests must present a MEDIF II medical information form (certified by the physician) or a doctor’s certificate not in the form or a pregnancy certificate / Periodic pregnancy check book / Ultrasound card / Health book is full of the following information: Confirmed by specialized doctors, single or double pregnancy, triple pregnancy, weeks of gestation, expected date of delivery, Maternal and fetal health are in good or normal condition and well enough for flight. Documentation is valid within 7 days upon the actual departure date of the first flight. This profile is still acceptable for the next flight if the Passenger does not have a health problem during the journey and still meets the gestational period of less than 36 weeks for pregnancy with single or less than 32 weeks for pregnancy with twins or more, or pregnancy with artificial insemination or have a bad health or the fetus is evaluated by the doctor as abnormal development up to the actual departure date of next flight. At the same time, passengers must sign a “Waiver of responsibility” form at the time of check-in.
9.4.4. Pregnancy with single from 36 weeks, or Pregnancy with twin or more from 32 weeks or pregnancy with artificial insemination or have a bad health or the fetus is evaluated by the doctor as abnormal development from 32 weeks are refused carriage.
9.4.5. Women within 07 days after child bearing are refused carriage.
- a) We accept infant passenger with healthy condition and under 2 years of age but not 2nd birthday on the date of commencement of a segment. For safety reasons, Bamboo refuses to carry children under 14 days of age.
- b) Children are required to travel with an accompany (above 18 year of age) who is in a good health condition in order to take care of the infant.
- c) The accompanying passenger can not be the accompanying person of a disabled passenger at the same time.
- d) The maximum number of infants per flight will be limited depending on the type of aircraft.
9.5.2 Child: We accept children passengers who have reached their second birthday but not 12th birthday on the date of commencement of a segment. Children are required to travel with an accompany. Otherwise, they are required to register Unaccompanied Minor service.
- a) Children from 2 up to under 6 years of age are required to register Accompanying cabin crew service.
- b) Children from 6 up to under 12 years of age are not required to register Accompanying cabin crew service. However, if passengers have needs to book that services, please inform us before booking.
- c) Children from 12 up to under 16 years of age: They are required to register Accompanying cabin crew service. However, if passengers have needs to book that service, please book at least 24 hours before departure. They are not required accompany cabin crew service. However, if passengers have needs to book that service, pre-booking at least 3 days before departure of itinerary containing only domestic sectors, at least 5 days before departure of itinerary involving international sectors. There is no limitation for booking Unaccompanied Minor service. First class, Business class, Economy class are accepted.
- d) Time for service registration of Unaccompanied Minor service: Unaccompanied Minor service must be made at least 24 hours before deparure. Unaccompanied Minor required accompany cabin crew service: requires pre-booking at least 3 days before departure of itinerary containing only domestic sectors, at least 5 days before departure of itinerary involving international sectors.
9.5.3. Regulations for passengers accompanying children and infants: Every child, infant must be accompanied by an adult over the age of 18. The child or infant and accompanying passenger must travel in the same compartment of a flight. The adult must be an able – bodied person and not require any special service. The accompanying passenger must be willing and capable to take full responsibility over the infant, and can not be the accompanying person of a disabled passenger at the same time. Each adult passenger is accepted to travel with number of infants and children as below:
- Each passenger can accompany 2 children from 2 to 6 years old, or 1 infant and 1 children from 2 to 6 years old.
- Each passenger traveling with one infant and two children under 6 years old must book and pay for Accompanying cabin crew service of one child
- Each passenger traveling with two infants and one child under 6 years old must book and pay for Accompanying cabin crew service of one infant.
- Each passenger traveling with 02 infants and 02 children under 6 years old must book and pay for Accompanying cabin crew service of one child and one infant.
Article 10: Schedules and change of flights schedules:
10.1 Schedules: The flight times shown in timetables may change between the date of publication and the date you actually travel.
10.2 Change of flights schedules and cancellation.
10.2.1. When you accept the booking on our flights, We or our authorized agent will notify you of the scheduled flight time in effect as of that time, and it will be shown on your Ticket.
10.2.2. We can change the flight schedule after announcing for a variety of reasons such as weather, technical issues, security, etc. So we expect you to provide accurate contact numbers and email addresses. We will notify you when there are any changes to our flight.
10.2.3. In case of changes in flight schedules or flight cancellation We will apply the most appropriate measures to assist passengers in an optimal way:
- a) Transfer passengers to another flight with open seats and same route without any additional charges or
- b) Transfer passengers to another flight of equivalent itinerary so that passengers can reach the destination
- c) Passengers can either reserve their fares and use them in the future within the specified period of time
- d) Refund to passengers, including service fares, tax, fee that we collect and fee of refund charge.
- e) Depending on flight delay duration, or the scheduled departure time of replacing flight, we provide meal service, accommodation, means of transportation in accordance with the current law and our regulations.
- f) Non-refundable advance compensation for prolonged, cancelled flights will be based on current law of Vietnam. For flights in accordance with Regulation 261/2004, compensation will be in accordance with Regulation 261/2004.
10.3 Disclaimer for the compensation of non-refundable advance payment in the event of flight cancellation or prolonged delay: complying with the applicable law or in Regulation 261/2004.
Article 11: Behavior On Aircraft
11.1. If in our reasonable opinion you conduct yourself on board the aircraft so as to endanger the aircraft or any passenger or property on board, or 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, or use any threatening or implication words in the bombing or carrying of any explosive in the person, in checked baggage or baggage brought on board, threatened abduction or restraint of flight crew or passengers on board, threatening or referring to any other form of terrorism, or use any threatening, abusive or insulting words towards the crew or behave in a manner which causes discomfort, inconvenience, damage or injury to other passengers of the crew, we may take such measures as we deem necessary to prevent continuation of such conduct including the isolation of passengers and the transfering of passengers to the aviation security agency.
11.2. Passengers may be forced to leave the aircraft or be denied to carry at any destination and may be subject to lawsuits due to infringements on the aircraft.
11.3. For safety and security reasons, we may exclude or limit the use of electronic devices on board, including but not limited to mobile phones, laptops, portable recorders, portable radios, CD players, gaming devices or other transmitting devices such as radio-controlled toys and walkie-talkies. Hearing aids and pacemakers are allowed on board.
11.4. Passengers cannot bring foods for on-board consumption. Smoking is prohibited on any our flights
Article 12: Liability for damage
12.1. Applicable rules
12.1.1. 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.
12.1.2. Applicable law may include the Convention and/or laws which apply in individual countries.
12.1.3. We will be liable only for Damage occurring during carriage performed by us, or in relation to which we have a legal liability to you. If we issue a ticket or check in your baggage on another Carrier’s flight, We are solely responsible as an agent of that Carrier.
12.1.4.This Article 12 sets out the limits of our liability and summarises 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 12.
12.2 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 the limitations of applicable Law as well as the following additional provisions.
12.2.1. The limit of liability of us for each Passenger for death, wounding or other bodily injury shall comply with the provisions of the Convention. We are not liable for damages arising to each Passenger in excess of the provisions of the Convention if we prove that:
- a) Such damage is not caused by negligence or other misconduct or omission from us or our employees or agents.
- b) The damage was caused solely by demand or other misconduct or omission from any third party.
12.2.2. The proven damage of the Passenger in the event of death, injury or bodily injury due to an accident arising from or related to the transportation performed by us is subject to the rules and limitations of The Convention and the Law on Vietnam Civil Aviation as well as the documents guiding the implementation by the Authorities.
12.2.3. We shall be liable for Damage to a Passenger occurring on its carriage by air or during the process of boarding passengers or leaving aircraft, except that such Damage has been caused by Passenger’s health condition. In case Damage is caused to Passenger by himself or herself, the liability of us shall be reduced or exempted.
12.2.4. We will make an advance payment to Passenger or the person entitled to claim damages in accordance with our provisions complying with law. This prepayment is not proof of our error and is deducted from the amount of damages we have to pay.
12.2.5. For journeys with an departure, arrival or agreed stop-over point in the United States, the applicable limits of liability are under applicable Convention.
12.2.6. 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.
12.3 Damage to Baggage
12.3.1. We are not liable for Damage to Unchecked Baggage (other than Damage caused by delay which is covered by Article 12.4 below) unless the Damage was caused by our negligence or the negligence of our Authorised Agents.
12.3.2. 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 rigours of transportation by air.
12.3.3. With respect to claims to which the Convention applies our liability in the case of Damage to Carry-on and Checked Baggage . In the event of delivery to the Passenger of part but not all of your Checked Baggage, or in the event of Damage to part but not all of your Checked Baggage, the liabilities of us with respect to the undelivered or damaged portion shall be reduced proportionately on the basis of weight, notwithstanding the value of any part of the Baggage or contents thereof.
12.3.4. With respect to claims to which the Law on Civil Aviation of Vietnam applies, our liability for Damage to both Unchecked and Checked Baggage, including your personal property.
12.3.5. Our compensation for Damage of Baggage on the principle of compensation for the proven damages but not exceeding our limit of liability. You have responsibility to prove actual Damage to your Baggage.
12.3.6. 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.
12.3.7 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.
12.3.8 The limit of liability for Damage to both Unchecked and Checked Baggage specified in 12.3.3 applies to Damage to Unchecked Baggage and Checked Baggage respectively where the Warsaw Convention applies to you carriage and no limit of liability is established by applicable local law.
12.3.9 If the weight of the Baggage is not recorded on the Baggage Check, it is presumed that the total weight of the Checked Baggage does not exceed the applicable free Baggage allowance for the class of carriage concerned, as provided in Our Regulations.
12.3.10 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.
12.3.11 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.
12.3.12 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 8.9, 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.
12.3.13 We are not liable in any way whatever for Damage to your Baggage caused by your failure to adhere to Article 8.10.6 of these conditions 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.
12.3.14 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.
12.4. Our liability for damages due to prolonged flights
12.4.1. Our liability for Damage due to prolonged flights is limited by Convention.
12.4.2. Whether or not the Convention applies to a Passenger’s claim, We are not liable for Damage to Passengers due to delays if we prove that (i) we and our agents, our representatives have taken all reasonable measures to avoid damages or (ii) we and our representatives cannot take such measures.
12.5. General rules
Insofar as it is not inconsistent with the foregoing and whether it is covered by the Convention or not:
12.5.1. We are only liable for Damage in the event of a Passenger’s death or injury due to an accident occurring in the aircraft, during the time we bring passengers on board or leave the aircraft.
12.5.2. We are only liable for Damage incurred on our flight. If we issue tickets or check in your baggage on another Carrier’s flights, We are responsible as an agent of such Carrier.
12.5.3. We are not responsible for any damage due to our compliance or due to Passengers’ failure to comply with the laws or regulations, decrees and requirements of the Government.
12.5.4. Unless otherwise provided in these Conditions of carriage, our liability for compensation is limited to the actual Damages proved by Passengers and in accordance with provisions of the applicable Laws.
12.5.5. If a Passenger is transported in a state of mind or age or physical condition which could endanger or expose himself/herself, we shall not be liable for any sickness, injury or disability, including death caused by one of the above conditions or as a result of that condition.
12.5.6. If the Passenger has been confirmed a seat on the flight without being offered a seat or is not provided in the correct class of service, we are only liable for the damage suffered by the Passenger due to our fault, but Our liability in this case is limited to reimbursing the Passenger’s reasonable expenses for accommodation, meals, information and travel from/ to the airport and compensation for damages which Passengers are subject to the rules published on our Website.
12.5.7. Any elimination of our liability or limitation of our liability is applied to and for the benefit of our employees, servants and representatives as well as aircraft operators operated by us and their employees, waiters and representatives. The total amount of damages suffered by us and our employees, servants, representatives shall not exceed the limits of liability for damages provided for in this Conditions of Carriage and the Applicable Laws related applications.
12.5.8. Except as otherwise provided in this Conditions, nothing in this Conditions of carriage shall waive any exemption or limitation of our liability due to the Convention or Statute.
12.5.9. We are not responsible for Damages caused by Force Majeure Conditions to us such as natural disasters, wars, strikes …
Article 13: Time limitation on claims and actions
13.1 Time limit for claims of Baggage
13.1.1. Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery shall constitute sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise.
13.1.2. All claims about Damage of Checked Baggage only be accepted when the person who has entitled to receive the Checked Baggage submits the claims in writing to us within the following time limit:
- Seven days from the date of receipt of Baggage in case of loss or deficit of, or Damage of Baggage.
- Seven days from the date on which the Baggage should have been delivered to you in case of partial loss of items from Checked Baggage.
- Twenty-one days from the date of the Baggage was place at your disposal in case of delay of Checked Baggage.
13.2. Time limit for all actions: Any right you may have for compensation for any Damages shall be extinguished if an action is not brought within two years from the date of arrival at the destination, or the date on which the aircraft ought to have arrived, or the date on which the carriage stopped. The period of limitation shall be determined by the law of the court where the case is heard.
Article 14: Modification and Waiver
14.1. None of Bamboo Airways’s Agents, employees or representatives has authority to alter, modify or waive any provision of these Conditions of Carriage or of Bamboo Airways’s Regulations.
14.2. The provisions in these Conditions of carriage are subject to change from time to time in accordance with our business regulations or changes from competent authorities or regulations in circular, decree of the Authorities. Such changes will be published on our Website.
Article 15: Refunds
15.1. Unless otherwise stated in (i) this Article or (ii) fare rules or tariff or (iii) in accordance with applicable law, Tickets are non-refundable. We will refund a Ticket or any unused portion, as set out below:
15.1.1. Except as otherwise provided in this Article, we shall be entitled to make a refund either to the person named in the Ticket, or to the person who has paid for the Ticket upon presentation of satisfactory proof of such payment.
15.1.2. If a Ticket has been paid for by a person other than the Passenger named in the Ticket, and the Ticket indicates that there is a restriction on refund, we shall make a refund only to the person who paid for the Ticket, or to that person’s order.
15.1.3. Except in the case of lost Tickets, refunds will only be made on surrender to us of the Ticket and all unused Flight Coupons.
15.1.4. A refund made to anyone presenting the Passenger Coupon or Passenger Receipt and all unused Flight Coupons and holding himself or herself out as a person to whom refund may be made pursuant to Article 15.2.1 or Article 15.2.2 shall be deemed a proper refund and shall discharge us from liability of any further refund claim from you or any other person.
15.2. Involuntary refunds
If we cancel a flight, fail to operate a flight reasonably according to schedule, fail to stop at your final destination or Stopover, or cause you to miss a connecting flight on which you hold a reservation, the amount of the refund shall be:
15.2.1. If no portion of the Ticket has been used, an amount equal to the fare paid;
15.2.2 If a portion of the Ticket has been used, the refund will not be less than the difference between the fare paid and the applicable fare for the travel between the points for which the Ticket has been used.
15.2.3. Upon acceptance of a refund by the Passenger on the purchase of a Ticket under these circumstances, we shall be released from any further liability.
15.3. Voluntary refunds
If you are entitled to a refund of your Ticket for reasons other than those set out in Article 15.2, the amount of the refund shall be:
15.3.1. If no portion of the Ticket has been used, an amount equal to the fare paid, less any reasonable service charges or cancellation fees;
15.3.2. If a portion of the Ticket has been used, the refund will be the difference between the fare paid and the applicable fare for the travel between the points for which the Ticket has been used less any reasonable service charges or cancellation fees
15.4. Refund on lost Ticket
15.4.1. If you lose your Ticket or portion of it, upon furnishing us with satisfactory proof of the loss, and payment of a reasonable administration charge, refund will be made as soon as practicable after the expiry of the validity period of the Ticket, on condition:
- a) That the lost Ticket, or portion of it, has not been used, previously refunded or replaced, (except where the use, refund or replacement by or to a third party resulted from our own negligence);
- b) That the person to whom the refund is made undertakes, in such form as may be prescribed by us, to repay to us the amount refunded in the event of fraud and/or to the extent that the lost Ticket or portion of it is used by a third party (except where any fault or use by a third party resulted from our own negligence).
15.4.2. If we or our Authorized Agents lose the Ticket or portion of it, the loss shall be our responsibility.
15.5. Right to refuse refund
15.5.1. We may refuse a refund where application is made after the expiry of the validity of the Ticket.
15.5.2. We may refuse a refund on a Ticket which has been presented to us, or to Government officials, as evidence of intention to depart from that country, unless you establish to our satisfaction that you have permission to remain in the country or that you will depart from that country by another Carrier or another means of transport.
15.5.3. We may refuse a refund on the conditions as stated in Article 9.1
All refunds will be subject to Government laws, rules and regulations or orders of the country in which the Ticket was originally purchased and of the country in which the refunds is being made. Subject to the foregoing provision, refunds will normally be made in the currency in which the Ticket was paid for, or in any other country in accordance with Our Regulations.
15.7. By whom Ticket refundable
We will only give you a voluntary fare refund if we or our authorized agents issued the Ticket and we or they have authorized the refund.
Article 16 : Successive Carriers
Carriage to be performed by us and other Carriers under one Ticket, or a Conjunction Ticket is regarded as a single operation.
Article 17 : Other Conditions
The carriage of passengers and baggage is also provided in accordance with our regulations and other applicable and recognized regulations.
BAMBOO AIRWAYS JSC, a subsidairy airlines company of FLC Group, is lawfully incorporated under the law of Vietnam, having its Business Registration code: 0107867370, issued by Business Registration Division, Department of Planning and Investment of Binh Dinh Province, Vietnam May 31st, 2017 (hereinafter referred to as “Bamboo Airways”).
1. Bamboo Airways’ commitment of personal data protection
Bamboo Airways is sometimes acting in a joint control relationship with other companies providing air services in cooperation through code-share flight agreements or interline agreements or providing travel arrangements hotels, travel insurance, transfer payment…. For the processing of your personal data in relation to these activities, Bamboo Airways and the other companies are jointly responsible. We have determined our respective responsibilities for compliance with the obligations under applicable privacy legislation for processing your personal data in relation to these activities by means of an arrangement between us. In summary, we have arranged that if you want to exercise your rights, such as your right to access, correct, erase, restrict, object or port personal data or to withdraw your consent, or if you have any questions or complaints about the processing of your personal data, you can either contact us or contact the other company partners. We will assist each other where necessary to ensure that you can exercise your rights and your questions and complaints will be handled.
More specifically, Bamboo Airways undertakes in particular to respect the following principles:
- Your personal data are processed lawfully, fairly, and transparently
- Your personal data are collected for specific, explicit and legitimate purposes and are not further processed in way incompatible with these purposes.
- Your personal data are stored in a appropriate and relevant manner and are limited to what is necessary for the purposes for which they are processed
- Your personal data are accurate, kept up to date and all reasonable steps are taken to ensure that inaccurate data, having regard to the purposes for which they are processed, are erased or rectified without delay
- Bamboo Airways implements appropriate technical and organizational measures to ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage.
Furthermore, Bamboo Airways contractually imposes the same level of personal data protection on its subcontractors (service providers, suppliers, etc.).
2. Purposes for which Bamboo Airways collect and process your data
Personal information or data provided to us is used to serve your interests and privileges when you enjoy travelling with us, purchasing or using our services, including Bamboo Club, Bamboo Holidays, visiting our websites, using our mobile site and mobile applications or contacting us. For this reason, the main purposes for which we collect and process your personal information are as follows:
2.1. To perform our contractual obligations and enable an appropriate level of service to our customers
In order to handle and perform the contract of carriage, Bamboo Airways will process the information including your name, surname, passport number and other identifying information to issue your ticket, for check-in assistance and compliance with security Authority requirement at the airport. Your contact details is in order to inform you properly about changes of your flight status.
In order to perform the contract of carriage in compliance with applicable law and an appropriate level of care, Bamboo Airways offers you the possibility to indicate some information about your specified medical needs or special meals to be provided aboard. Collection and processing of these personal data will be subject to your express consent and will be exclusively used by Bamboo Airways in order to perform the contract of carriage and provide you with an appropriate level of service.
2.2. For the Bamboo Club Program Purposes
Bamboo Airwyas uses the customer data
- to update new Bamboo Program to the members and regulation,
- let you benefit from the discounts and rewards under,
- to process and administer the reservation and issuance of tickets for Customer,
- to contact Members regarding their enquiries,
- to provide services requested by members,
- to manage and evaluate data on flight frequency of members to develop the appropriate fare policy and customer service policy,
- to receive information, comments, suggestions, from members to improve the service qualified of Bamboo Airways .
2.3. Accounting and financial requirement
We collect, store and use your data for internal business purposes, such as record keeping and to comply with our legal and fiscal obligations. These data will be kept for a period of 10 years, following a legal obligation imposed to Bamboo Airways .
2.4. For customer care purposes
Your personal data are used by Bamboo Airways to provide you with a customer care service
- to receive information, comments, suggestions, claims to improve the service quality of Bamboo Airways ,
- to contact and communicate customers regarding their enquiries,
- for statistical analysis in order to develop and improve Bamboo Airways services and offerings on the basis of personal information and requests and
- to provide more quickly responsive support to customers and improve the content and designs of Bamboo Airways ‘ website, mobile site and apps,
- realize surveys regarding the satisfaction of customers and for better understanding of customers’ needs and
- potential complaints or claims of passengers.
2.5. For direct marketing purposes
We only send you direct marketing notifications as described in the first paragraph with your prior consent (opt-in).
You can always object to the use of your personal data for such direct marketing purposes, by clicking the unsubscribe link in the email or contacting us.
3. Items of Personal information which may be collected and processed by Bamboo Airways
3.1. General Information Colection
When using its services and in particular the services accessible on its website, its mobile apps, Bamboo Airways may collect and process the following categories of personal information:
- Name, passport number and other identifying information: name, gender, date of birth, passport or other personally identifiable number (date of issuance, place of issuance), nationality, language;
- Your contact details and personal account or registration details: contact information, such as, telephone number, mailing address, email address, fax number; home address, mobile number, private email address, hobbies, preferences and information related to Member’s special needs;
- Your payment information: payment information of credit or debit card such as name of cardholder, card number, expiry date, verification code;
- Information about your reservations, bookings and purchases: information relating to reservation and booking information such as your flight, prices and the date of your reservation or booking; .
- Information we collect when you use our websites, apps and other digital media: personal information that is generated automatically when Customers using Bamboo Airways Website such as IP information, cookies, website log;
- Our communication with you: communication, communication preferences (unsubscription from newsletters, choice to receive your booking related communication,…), registration of your questions, survey, research, complaints or phone calls;
- Information in relation to social media: Depending on your social network settings we may receive information from your social network provider. For example, when you sign in for our services using a social network account, we may receive your social network profile including your contact details, interests and contacts.
3.2. Personal Information of children: We may collect information of the child after obtaining consent or authorization from his or her parent or guardian in accordance with data protection applicable law and who may request to view, edit their child’s personal information or to alter or withdraw consent at our sales offices on the website.
3.3. Sensitive data
Bamboo Airways may also collect certain information relating revealing racial or ethnic origin, political opinions, religious or philosophical beliefs which can be considered as ”sensitive personal data” pursuant to the law of Vietnam and under other applicable jurisdiction. Subject to your express consent, Bamboo Airways may collect, use and share your special categories of data with third parties with assistance during your travel (medical needs and Persons with Reduced Mobility).
4. Period for Personal data retention
Bamboo Airways will retain your personal information collected on our internal system in the period of services provision or as long as fulfilling the purposes which it was collected or in so far as such is necessary for compliance with statutory obligations and for solving any disputes or until the information are required to be deleted by you.
5. Methods of personal data collection
6. Legal basis of the processing of your personal data
Bamboo Airways processes your personal data (i) on the basis of your explicit consent, (ii) to perform the contract or in order to take steps at the request of the data subject prior to entering into a contract, (iii) to comply with legal obligations we are subject to or (iv) to perform Bamboo Airways ‘ legitimate interests.
Your consent may always be withdrawn at any time in accordance with article 9 below. In such case, be aware that the withdrawal of consent shall not affect the lawfulness of processing based on your consent before the withdrawal. Furthermore, if you refuse to provide Bamboo Airways with some of personal data or if you provide Bamboo Airways with incomplete or inaccurate information required for the performance of the contract or for compliance with a legal obligation, be aware that we may not be able to provide or deliver you all or parts of the services, which you may have requested from us in full quality. When we process your personal data for our legitimate interests or the interests of a third party, Bamboo Airways ensures that a balance of these interests against your legitimate interests has been done. Where necessary we have taken appropriate measures to limit implications and prevent unwarranted harm to you.
7. Potential recipient of your personal data
7.1. Potential recipient of your personal data
Bamboo Airways may disclose the Personal Information to third parties, such as authorized Bamboo Airways ‘ employees, undertakings of the FLC group, business partners (our travel agents, Airlines codesharing, car rental companies, hotels, credit card companies…) service providers or travel-related businesses pursuant to the performance of the services (bookings and travel arrangements, support services and customers’ care, loyalty programs, statistical analysis,…) our legal obligations (security and safety on board, PNR information,…) or our legitimate interests (direct marketing purposes of Bamboo Airways or our partners,…) and for the purpose of providing the best services to you.
As any airline company, Bamboo Airways may be required to provide personal information to authorized public authorities (customs, immigration, police, etc.), such as for the completion of mandatory immigration formalities or for the purpose of preventing and fighting terrorism and other serious offences. Bamboo Airways may be required to transmit passengers booking, check-in and boarding data to the competent authorities according to Vietnam Regulation.
The disclosure of third party processor will be conducted by a contract, where it requires and ensures the protection of your personal data in accordance with this policy, and the applicable law.
7.2. Transfers of personal data to third countries
You are informed that Bamboo Airways may transfer your personal data to third parties located outside such as mainly Vietnam and the Germany in order to be processed and stored.
8. Your rights to the Personal data collected
Subject to the applicable law you, as the possessor of personal data, have the following rights:
8.1. The Right of access
You have the right to ask Bamboo Airways , at any moment, for confirmation that certain of your personal data are processed by Bamboo Airways and to obtain certain information such as the categories of personal data concerned, the purposes of the processing and the recipients or categories of recipient of those data.
8.2. The right of rectification
You have the right to obtain from Bamboo Airways the rectification of inaccurate or incomplete personal data concerning you.
8.3. The right to be forgotten
You have the right to obtain the erasure (deletion of your personal data) of your personal data stored by Bamboo Airways in the situations where your personal data are no longer necessary in relation to the initial purposes for which they were processed as well as situations where they were processed unlawfully.
8.4. The right to restriction of processing
You have the right to obtain from Bamboo Airways a limitation of the processing of your personal data without deleting the personal data.
8.5. The right to object
Your have the right to object at any time to the processing of its data for prospecting and direct marketing purposes.
8.6. The right to withdraw consent
When the processing of your personal data is subject to your prior consent, you have the right to withdraw your consent at any time. Withdrawal of consent shall not affect the lawfulness of processing based on your consent before the withdrawal.
You shall be aware that the withdrawal of consent shall not affect the lawfulness of processing based on your consent before the withdrawal. In case of the withdrawal, it may mean we will not be able to provide or deliver you all or parts of the services, which you may have requested from us in full quality
8.7. The right to lodge a complaint
You have the right to lodge a complaint to the competent authority in the event of violation by Bamboo Airways of the applicable legislation regarding the protection of personal data according to Government Regulation.
You can exercise your rights listed above by sending a postal mail or an email to the following address:
Bamboo Airways Joint Stock Company – BAMBOO AIRWAYS.
Correspondence Address: 22nd floor, Bamboo Airways Tower, 265 Cau Giay street, Dich Vong Ward, Cau Giay District, Hanoi Capital, Vietnam.
In this context, please include in your request the elements necessary to your identification (name, first name, e-mail) as well as any other information necessary for the confirmation of your identity.
9. Technical Measures for protecting Personal Information
To secure the safety of Personal Information from a loss, theft, leak, falsification, or damage, Bamboo Airways employees the following technical, managerial, physical devises as:
9.1. The important personal information is stored and managed in password protected mode within the limited access.
9.2. Given the risk of hacking, varying likelihood and severity for the rights and freedoms of natural persons, Bamboo Airways is committed:
- To prevent customers’ Personal Information from leakage or damage by hacking or computer virus.
- To control the access suspension system, unauthorized accesses from outside.
- To implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including the pseudonymisation and encryption of personal data.
- To ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;
- To restore the availability and access to personal data in a timely manner in the event of a physical or technical incident;
- To ensure a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing
- To operate an exclusive organization for protecting personal Information.
10. Communication with customer and notification to the local authority in case of a breach of your personal data
We will communicate immediately, when your personal data are breached, to you and to the local authority as every time. This communication about your personal data breach will describe in clear and plain language the nature of the personal data breach and contain at least the following information and measures :
- Communicate the name and contact details of the data protection officer or other contact point where more information can be obtained;
- Describe the likely consequences of the personal data breach
- Describe the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects
The communication to you referred to in paragraph 12.1 of this Article shall not be required if any of the following conditions are met :
- Bamboo Airways has implemented appropriate technical and organisational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorised to access it, such as encryption.
- Bamboo Airways has taken subsequent measures which ensure that the high risk to your rights and freedoms referred to in paragraph 1 is no longer likely to materialize;
- It would involve disproportionate effort for Bamboo Airways . In such a case, there shall instead be a public communication or similar measure whereby you are informed in an equally effective manner.
- Bamboo Airways makes sure that the protection for Personal Information is implemented and complies with the required policy.