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):

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.

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.

Baggage Identification Tag means a document issued by us solely for identification of Checked Baggage.

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.

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.

Carrier means Jetstar Pacific Airlines Joint Stock Aviation Company or Jetstar Pacific Airlines (see also definition of “we”, “our”, "ourselves" and "us").

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 Passengers and/or Baggage and available at our offices, check-in counters and on our Website.

Checked Baggage means baggage of which we take custody and for which we have issued a Baggage Identification Tag; it is also sometimes referred to as "registered baggage.”

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.

Confirmation Number means the number allocated by our computerized reservation system to you to identify each confirmed flight reservation.

Convention means whichever of the following instruments are applicable:

• The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the "Warsaw Convention"); the Warsaw Convention as amended at The Hague on 28 September 1955; and
• Any other applicable protocols or conventions and any enabling legislation.

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.

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.

Electronic Coupon means an electronic flight coupon or other value document held in our database.

Electronic Ticket means the Itinerary issued by us or on our behalf, the Electronic Coupon and if applicable, a boarding document.

Journey means a single flight from one airport to another airport.

Itinerary means the document we issue to the Passenger traveling on a Booking which includes the Passenger's name, Booking Reference and/or Confirmation Number,1 flight information, key Conditions of Carriage and notices.

Passenger, you, your and yourself means any person, except members of the crew, carried or to be carried in an aircraft with our consent.

Seat means a seat in our aircraft.

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.

Tariffs means our fares and charges published electronically or on paper and conditions applicable thereto.

Unchecked Baggage or Cabin Baggage means any baggage other than Checked Baggage including all items brought by you into the aircraft cabin.

Website means the Internet e-commerce web site http://www.jetstar.com provided by us for the purpose of Passengers making online Bookings and to access information about us.

We, our, ourselves, us and Carrier means Jetstar Pacific Airlines Joint Stock Aviation Company.

1.2 Interpretation

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

2.1 General

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 Convention 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.

2.3 Language

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.

2.4 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

3.1 Transferability

The contract for carriage is only transferable as provided in these Conditions. If you wish to make a transfer of your flight you may do so in the circumstances provided in Articles 4.7 & 5.2 and our applicable Carrier’s Regulations.

3.2 Validity

(a) The Itinerary is only valid for the Passenger named and the flight specified therein subject to any subsequent changes made pursuant to these Conditions.

(b) You must not give or sell your Booking to anyone else to use. A Booking is not transferable to another person. If someone else presents themselves to travel on your Booking and we discover that that person is not you, we may refuse to carry that person on board. However, if we do not discover that the Booking has been transferred and as a result carry the person, we are not obliged to replace your Booking or give you a refund.

3.3 Identity

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: Fares

4.1 General

Fares apply only to carriage from the airport at the point of origin to the airport at the point of destination. Fares exclude ground transport services between airports and between airports and town terminals unless otherwise specifically stated by us. We are strictly a point-to-point carrier and shall not be responsible to you for any connecting flights. Meals and refreshments are not included in your fare unless the terms and conditions of the Tariffs specified otherwise.

4.2 Tariff

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, service charges 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.

4.3 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.

4.4 Administration fees, service charges and payment facilitation fees

Our fare is base fare. In addition to any tax, fee or charge as mentioned in article 4.3 above, as the case may be the service providers may apply and collect their own administration fees, service charges and payment facilitation fees. Those fees will not be refunded in any case your ticket is permitted for refund.

4.5 Infants

An infant under the age of two (2) years (on the date of travel) may fly at the prevailing administration fee per sector provided he/she sits on an adult's lap. Only one (1) infant is allowed for adult. No baby seats or perambulators are allowed in the cabin of the aircraft. A child over the age of two (2) will be required to purchase a ticket like any other passenger. New born babies less than seven (7) days old will not be accepted for carriage.

4.6 Currency

Fares and charges are payable in the currency prescribed with our published fares unless otherwise specifically agreed by us.

4.7 Accuracy

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 without prior notice.

4.8 Fares non-refundable

Fares are not refundable at any time unless otherwise specified below or in our Carrier’s Regulations.

JetFlex: Cancellation or change (flight number or date of travel) or refund can be allowed if and only if such a cancellation, change or refund is made at least two (2) hours prior to the scheduled departure time via the Website, at our ticket offices (including our Guest Contact Centers) or through our authorized agents. Within two (2) hours prior to the scheduled departure time and prior mid-night (24:00) of the scheduled departure date, cancellation or refund can be allowed only at our Jetstar telephone reservations or through our booking offices.

• Change of flight: Subject to the Conditions of Carriage, change to another flight of the same Itinerary is allowed at no extra cost. Passengers must pay a fare difference (if any) and a service fee (if any). If the new booking is of a lower fare, the fare difference will not be refunded.
• Name change: Subject to the Conditions of Carriage, name changes are allowed at no extra cost.
• Cancellation without re-booking: Passengers can cancel their domestic flight at VND 180,000 per booking or USD 12 per booking as cancellation fee. Passengers can cancel their international flight at three hundred seventy thousand (VND 370,000) per booking or USD 23 per booking as cancellation fee. The remaining amount will be held in our system as credit to be used within twelve (12) months from the date of first purchase. Passengers can use this credit for future bookings or for a refund of money. On expiry of such twelve month validity, the credit can no longer be used for a Booking with us or for refund. Refund: Passenger is allowed to receive a refund within twelve (12) months from the date of first purchase if a Booking has been cancelled in conformity with conditions stated herein.
• Refund is not permitted for JetFlex fares upgraded from JetSaver fares. Refund is not applicable to service charges of Jetstar telephone reservations, booking offices, travel agents; administration fees, payment facilitation fees related to tickets that passenger has purchased.

If you choose not fly and fail to notify us or change or cancel your booking at least two (2) hours prior to the scheduled departure time, or within two (2) hours prior to the scheduled departure time and prior mid-night (24:00) of the scheduled departure date, as stated above, you will forfeit any money paid and not be eligible for a refund. You will be held liable for and indemnify Jetstar Pacific Airlines against any complaint or claim.

JetSaver and JetSaver Light:

Change of flight can be allowed if and only if such a change is made at least twenty four (24) hours prior to the scheduled departure time via the Website, our booking offices or our authorized agents.

• Change of flight: Subject to the Conditions of Carriage, Passenger is allowed to change to another flight with the same Itinerary. Your new fare will be at least the amount of the fare you originally purchased or may be more. In addition to payment of fare difference and service charge (if any).
• Change flight through website, passenger will have to pay a change fee of one hundred and sixty thousand Vietnamese Dong (VND 160,000 per passenger per flight or USD 10 equivalent/ sector for all domestic flights, three hundred and seventy thousand Vietnamese Dong (VND 370,000) per passenger per flight or USD 25 equivalent per passenger per flight for all international flights to and from Vietnam (local currencies are acceptable) respectively.
• Change flight through out Jetstar Pacific Airlines' call center/ booking office, you have to pay a change fee of two hundred and ten thousand (VND 210,000) per passenger per flight or USD 13 equivalent per passenger per flight for all domestic flights, four hundred and thirty thousand (VND 430,000)/sector or USD 30 equivalent per passenger per flight for all international flights to and from Vietnam (local currencies are acceptable) respectively.
• Upgrade from JetSaver Light to JetSaver: Subject to the Conditions of Carriage, Passenger is allowed to change fare type from JetSaver Light to JetSaver.
• Change fare through Jetstar telephone reservations or booking offices at least 24 hours prior to the scheduled departure time, passenger will have to pay a change fee of VND 130,000 per passenger per flight or USD 8 equivalent per passenger per flight for all domestic flights, VND 640,000 per passenger per flight or USD 40 equivalent per passenger per flight for all international flights to and from Vietnam (local currencies are acceptable) respectively.
• Change fare at the airport, passenger will have to pay a change fee of VND 200,000 per passenger per flight or USD 12 equivalent per passenger per flight for all domestic flights, VND 1,280,000 per passenger per flight or USD 80 equivalent per passenger per flight for all international flights to and from Vietnam (local currencies are acceptable) respectively.
• Cancellation: Not permitted.
• Refund: Not permitted.

If you do not fly and do not change your flight at least twenty four (24) hours prior to the scheduled departure time, you will forfeit any money paid. You will be held liable for and indemnify Jetstar Pacific Airlines against any complaint or claim.

Article 5: Booking of Seats/ Reservations

5.1 When is a Booking made?

The Booking of a seat is confirmed after full payment of the fare is made and after we issue you a Booking Reference, a Confirmation Number and/or the Itinerary. Once confirmed, the Booking cannot be cancelled and payments made are not refundable, unless in the case the Booking has been made for a certain type of fare as stipulated in Article 4.7 and in the Tariffs. We do not accept any responsibility for any loss you may incur as a result of making arrangements for travel on Jetstar Pacific Airlines through anyone other than Jetstar Pacific Airlines, its book offices or its authorized agents.

5.2 Flight Change

Some fare types may be restricted so that you cannot change or cancel any Booking. 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:

(a) Strict compliance with the conditions for issuance of a fare type;

(b) 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;

(c) 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; and

(d) the change is not confirmed until we issue you a new Booking Reference, a new Confirmation Number and/or new Itinerary.

5.3 Payment Essential

Fares must be paid in full when a Booking is made. In the event 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

5.4 Personal Data

You hereby acknowledge and agree that your personal data has been given to us for the purposes of making bookings for carriage and providing you with confirmation of that booking, providing and developing ancillary services and facilities, facilitating immigration and entry procedures, accounting, billing and auditing, checking credit or other payment cards, security, administrative and legal purposes, credit card issuance, systems testing, maintenance and development, statistical analysis, and helping us in any future dealings with you. For these purposes, by entering into a contract of carriage with us you authorize us to retain and use your personal data and to transmit it to our own offices, authorized agents and third party Jetstar Pacific Airlines business associates, government agencies, other carriers or the providers of the services mentioned above.

5.5 Seating

Except for some airports, there are no seat allocations according to specific seat numbers. We operate a single-class with a free-seating policy. Priority for boarding is given to the elderly and those traveling with children. No smoking is permitted on any of our flights. You hereby agree to accept any seat that is made available to you onboard the aircraft by our flight crew.

Article 6: Check-in

6.1 Check-in Deadline

You must arrive at the airport sufficiently in advance of the scheduled flight departure time to permit completion of government formalities and check-in procedures. Our check-in counters are open two hours before the scheduled flight departure time. Check-in deadlines may vary at different airports and for particular flights. 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 less than thirty (30) minutes before the scheduled departure time of your flight.

We reserve the right not to allow you to check in without any liability to you and without having to refund to you any fare paid:

(a) If you attempt to check in after closure of the check-in counters;

(b) If you fail to have proper identification or fail to identify yourself to our staff;

(c) If you fail to have the proper documents, permits, visa, necessary for travel to a particular place or country;

(d) If you have not fully paid any fare or other fees or charges due to us;

(e) If you have been violent to our staff or caused any disturbance at our counter or have abused our staff whether physically or verbally;

(f) If the government or other authorities prohibits your checking in or boarding the aircraft;

(g) If in our judgment, you are not fit to travel due to drunkenness or any obvious adverse medical condition; and/or

(h) If in our judgment, you are not medically fit to travel or your medical condition poses or could pose a danger or threat to the health of other passengers.

6.2 Requirements for Check-in

All Passengers, including children, must present their Booking Reference, Confirmation Number or Ticket and any necessary travel documents (see Article 6.6) and acceptable forms of identification during check-in. For infants not requiring their own seat, proof of age (under 2) may be required, such as a birth certificate. If you do not provide the necessary travel documentation and form of identification during check-in, then you may not be allowed to travel. For all international travel, a Passenger is required to have the necessary documentation in the view of the Carrier, to comply with the regulations applicable to entry by that Passenger into the destination country.

At check-in we will issue your boarding pass and Baggage Check for any Checked Baggage. Keep these items with you throughout your travel.

6.3 Boarding

You must be at the boarding gate at least Twenty-five (25) minutes before the scheduled departure time.

6.4 No-show

If you fail to check in on time or fail to board the aircraft by the time the aircraft departs, the fare you paid will not be refunded to you for any reason whatsoever. The aircraft will not be held for you if you arrive late at the boarding gate. Except as otherwise provided in a Convention or any applicable laws, we are not liable to you for any loss or Damage you may suffer as a result of your late arrival.

6.5 Compliance

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.

6.6 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.

6.7 Refusal of Entry

You agree to pay the applicable fare and/or penalties or fines whenever we, on order of any government or immigration authority, are required to return you to your point of origin or elsewhere, owing to your inadmissibility into a country, whether of transit or destination. In such circumstances we will not refund the fare to you.

6.8 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.

6.9 Security Inspections

You shall submit to any security or health checks by government or airport officials or by us.

Article 7: Baggage

7.1 Baggage Allowance

You may carry some Baggage free of charge provided you comply with our Baggage requirements which are set out below. These allowances are subject to any restrictions imposed by the government or airport authorities.

Infant passengers (under two years of age) are not entitled to transport their own Checked Baggage.

Checked Baggage: Checked Baggage: JetSaver Light fares do not include a Checked Baggage Allowance. Cabin Baggage limits are strictly applied so JetSaver Light passengers who have more Baggage than the applicable Cabin Baggage Allowance will need to change to a JetSaver fare. Conditions and charges apply. Call Jetstar Reservations for more details. Each Passenger travelling on a JetSaver or JetFlex fare may check in up to 20kg of Baggage for carriage in the aircraft hold at no additional charge. Each Passenger travelling on a StarClass fare may check in up to 30kg of Baggage for carriage in the aircraft hold at no additional charge.

Charges will apply to all Checked Baggage in excess of the Checked Baggage allowance.

The maximum total combined dimension of the two pieces is 270cm (106 inches), with no single item exceeding 158cm (62 inches).

• Passengers must ensure all Baggage is packed appropriately before being presented at check in.
• No single item may exceed twenty (20) kg in weight.
• Bulky items (maximum 2 meters), including but not limited to bicycles, surfboards, skis, golf clubs, snow boards, may be included within the allowance, subject to space availability.
• Passengers who anticipate having bulky items, excess Baggage or require extra assistance should arrive at the airport to check in at least two (2) hours prior to the scheduled departure time for domestic flights and three (3) hours prior to the scheduled departure time for international flights.
• In addition to the allowance, we will carry at no additional charge the holding of a fully collapsible wheelchair and/or mobility aid for you if you are dependent such item.
• In addition to the allowance, we will carry at no additional charge the holding of baby accessories such as a pram and portable cot, if you are traveling with an infant.
• All Baggage allowances are subject to occupational health and safety requirements and aircraft limitations.

We may refuse to carry any piece of Baggage that does not comply with these Conditions and the Carrier’s Regulations.

Each Passenger is permitted one main item of Cabin Baggage.

• Dimensions of main items must not exceed 23cm (width) + 34cm (height) + 48cm (length) for a bag or a briefcase.
• Total weight of each Cabin Baggage item must not exceed 7kg.
• Small item may be a handbag, coat, umbrella, laptop, suit bag or, for international flights, duty-free goods.
• A suit pack must not exceed 11cm (height), 60cm (width) and 114cm (length) when it is unfolded.
• Each piece must be able to fit under the seat in front of you or fit in an enclosed storage compartment in the cabin of the aircraft.
• If any piece of Baggage does not comply with any of these conditions, it must be checked in to the aircraft hold.

7.2 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:

(a) Items which are not properly packed in suitcases or other suitable containers in order to ensure safe carriage with ordinary care and handling;

(b) 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;

(c) Items the carriage of which is prohibited by any applicable national or international law, regulations or order;

(d) Items which in our reasonable opinion are unsuitable for carriage by reason of their weight, shape, size or character;

(e) Fragile or perishable items;

(f) Live or dead animals;

(g) Human or animal remains;

(h) 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 passengers refuse inspection, we have the right to reject admission of luggage.)

(i) Firearms and ammunition;

(j) 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);

(k) 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.

7.3 Valuable and Fragile Goods

You must not include in your Checked Baggage:

• fragile, delicate or perishable items
• computers
• items with special value, such as money, jewelry, precious metals, silverware
• negotiable papers, share certificates, securities or other valuable documents
• electronic equipment, such as cameras, video equipment
• commercial goods or business documents,
• artifacts, or
• passports and other travel 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.

7.4 Searches

For reasons of safety and security, we may require you to undergo a search, x-ray or other type of scan on your person or your Baggage. We reserve the right to search your Baggage in your absence if you are not available, for the purpose of determining whether you are in possession of or whether your Baggage contains any unacceptable or prohibited items. If you refuse to comply with such search or scan we reserve the right to refuse carriage of you and your Baggage without refund of fare to you and without any other liability to you. In the event that a search or scan causes injury to you or Damage to your Baggage, we shall not be liable for such injury or damage unless it is due to our fault.

7.5 Restrictions on Cabin (Unchecked) Baggage

All Cabin Baggage must comply with all applicable size and weight restrictions. You must not include in Cabin Baggage knives, sharp objects or cutting implements of any kind and any length, whether of metal or other material, knitting needles, or sporting goods. These items must be packed in your Checked Baggage. They cannot be carried in your Cabin Baggage or in your possession. If they are, the articles will be removed and not returned.

Passengers carrying hypodermic needles will need to declare them at the screening point. Where possible, documentation or identification to confirm the Passenger's medical condition should be provided. Medication should have a professionally printed label identifying the medication or a manufacturer's name or pharmaceutical label affixed. Please contact the Carrier should you have any questions.

We do not accept any responsibility for items which we refuse to carry and which are not carried as Checked Baggage.

7.6 Excess Checked Baggage

You will be required to pay a charge for carriage of checked Baggage in excess of the free baggage allowance at the rates specified in the Tariffs in the manner provided in our Carrier's Regulations (these rates may be changed or varied at any time and from time to time and will be available from us upon request and are available at our check-in counters). Carriage of all excess Baggage is at our discretion and subject to space availability.

Article 8: Schedules, Cancellation

8.1 Schedules

We will use our best efforts to avoid delay in carrying you and your Baggage. We will endeavor to adhere to published schedules in effect on the date of travel. However, times shown in timetables, schedules or elsewhere are subject to change without notice for a range of reasons including, but not limited to, 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.

8.2 Cancellation, Changes of Schedules

At any time after a Booking has been made we may change our schedules and/or cancel, terminate, divert, postpone, reschedule or delay any flight where we reasonably consider this to be justified by circumstances beyond our control or for safety or commercial reasons. In the event of such flight cancellation, we shall at our discretion, either

(a) Carry you at the earliest opportunity on another of our scheduled services on which space is available without additional charge and, where necessary, extend the validity of your Booking; or

(b) Should you choose to travel at another time, retain the value of your fare in a credit account for your future travel provided that you must re-book within twelve (12) months therefrom.

(c) Give you a fare refund.

Unless otherwise required by law, we will not be responsible for paying any costs or expenses you may incur as a result of the changed time or cancellation.

8.3 Changes due to circumstances beyond our control

Where a delay or cancellation is caused by circumstances beyond our control, whether you have checked in or not, we 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.

Article 9: Refusal of Carriage

9.1 Refusal

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 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 carrying you or your Baggage may materially affect the comfort of any person in the aircraft;
• 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;
• because you have refused to allow a security check to be carried out on you or your Baggage;
• because you do not appear to have a Booking;
• if you fail to comply with any applicable law, rule, regulation or order or these Conditions of Carriage;
• if you fail to complete the check-in process by the required time (see Article 6.1) or fail to arrive at the boarding gate on time;
• because you have not obeyed the instructions of our ground staff or a member of the crew of the aircraft relating to safety or security;
• because you have not complied with our medical requirements;
• because you require special assistance and you have not made any previous arrangements for it (see Article 9.3);
• if you are drunk or under the influence of alcohol or drugs;
• if you are, or we reasonably believe you are, in unlawful possession of drugs;
• if your mental or physical state is a danger or risk to you, the aircraft or any person in it;
• 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 a criminal offence during the check-in or boarding processes or on board the aircraft;
• 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 are not wearing footwear;
• if you have made a threat;
• because you have committed misconduct on a previous flight and we are not assured that misconduct will not recur;
• because you cannot prove you are the person specified in the Booking on which you wish to travel;
• because 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 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.
• In any of the situations in this Article 9.1, we may remove you from a flight, even after you have boarded, without any liability on our part, and cancel any subsequent flights by us on your Itinerary.

9.2 Unaccompanied Child

Children below the age of fifteen (15) will not be accepted for carriage unless they are accompanied by a person of at least eighteen (18) years of age or, in the case of an unaccompanied child, arrangements are made in advance for special assistance by Jetstar Pacific Airlines.

9.3 Special Assistance

Passengers with special 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 Passengers 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 the Jetstar Pacific Airlines Jetstar telephone reservations for more information.

Please note that if you do require special assistance when traveling with Jetstar Pacific Airlines you must book via the Jetstar Pacific Airlines dedicated Jetstar telephone reservations at least three (3) days before your scheduled departure. Failure to notify the call centre of your requirements will result in the service being unavailable on arrival at the airport and Passengers being denied carriage.

9.4 Pregnant Passengers

It is the duty of pregnant Passengers to advise us of the progress of their pregnancy at the point of making a Booking and at the check-in counter. Our carriage of pregnant Passengers is subject to the following conditions:

(a) Pregnancy up to 28 weeks: we will carry without a doctor's certificate subject to the Passenger signing a Limited Liability Statement.

(b) Pregnancy 28 weeks to 35 weeks: Passenger shall produce a doctor's certificate confirming that she is fit to travel, which certificate shall have validity of not less than seven (7) days from the scheduled flight departure date. The Passenger will be required to sign a Limited Liability Statement.

(c) Pregnancy 36 weeks and above: we will refuse carriage.

Article 10: Conduct During Flight

If in our reasonable opinion you conduct yourself on board the aircraft so as to endanger the aircraft or any person 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, use of cellular telephones, or use any threatening, abusive or insulting words towards the crew or behave in a manner that causes discomfort, inconvenience, damage or injury to other passengers or the crew, we may take such measures as we deem necessary to prevent the continuation of such conduct including restraint. You may be disembarked and refused onward carriage at any point and may be prosecuted for offences committed on board the aircraft.

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.

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.

Passengers are not allowed to consume their own food on board. No smoking is permitted on any of our flights.

Article 11: Liability Limitation

11.1 General

We are not liable for any Damage arising from our compliance with any laws or government regulations or your failure to comply with the same. These Conditions of Carriage (including any exclusion or limitation of liability) apply to and are for the benefit of our authorized agents, employees and representatives and agents to the same extent as they apply to us.

The total amount that you can recover from us, our authorized agents, employees, representatives and agents will not be more than the total amount of our liability, if any. Except where these Conditions of Carriage provide otherwise, our liability, if any, is limited to compensation for the proven Damage. We will not in any circumstances be liable for indirect or consequential damages and in no event will our obligations exceed any liability specified in these Conditions of Carriage.

Nothing in these Conditions of Carriage:

• except where we say otherwise, gives up any exclusion or limitation of liability to which we are entitled under any laws which may apply, or
• gives up any defense available to us under any laws which apply including against any public social insurance body or any person liable to pay, or who has paid, compensation for the death, wounding or other bodily injury of a Passenger.

11.2 Liability Limitations

• Liability for loss, delay or Damage to Baggage is limited unless a higher value is declared in advance and additional charges are paid. Liability for domestic travel and liability for international travel shall be determined pursuant to the Law on Civil Aviation of Vietnam and applicable Conventions, if any.
• We are not liable for any Damage to your Cabin Baggage unless such Damage is caused at our fault.
• We are not liable for any damage caused by your Baggage. You are responsible for any loss or damage caused by your Baggage to other persons or property, including our property.
• We are not liable for normal wear and tear of Baggage such as small scratches, scuffs, dents and cuts.
• Except to the extent required by Vietnamese law, we are not liable for Damage to items that you are asked not to include in your Checked Baggage.
• If the weight of your Checked Baggage is not recorded on your Baggage Check we will presume it is not more than the applicable Baggage Allowance.

11.3 Collection and Delivery of Baggage

You shall collect your Baggage as soon as it is available for collection at places of destination. If you do not collect it within a reasonable time and the Baggage needs to be stored at our premises, we may charge a storage fee. If Checked Baggage is not claimed within three (3) months of the time it was made available to you, we may dispose of it without any liability to you. If a person claiming the baggage is unable to produce a Baggage Identification Tag for identification of the baggage, we will deliver the Baggage to such person only on the condition that he or she has established to our satisfaction his or her right thereto, and if required by us, such person shall furnish adequate security to indemnify us for any loss, damage or expense which may be incurred by us as a result of such delivery. Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is prima facie evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage between us.

11.4 No Flight Connections Provided

Jetstar Pacific Airlines is a low cost “point–to–point” airline which does not provide flight connections for Baggage. It is the Passenger’s responsibility when making a Booking to allow time for Baggage collection and re-check. We recommend at least one hundred and twenty (120) minutes between international flights.

While Jetstar Pacific Airlines will try to carry you and your Baggage in accordance with the date and time of the flights specified, it does not guarantee it will be able to do so. Schedules may change without notice for a range of reasons including, but not limited to, bad weather, air traffic control delays, strikes, technical disruptions and late arrival of aircraft. To the fullest extent permitted by law, Jetstar Pacific Airlines excludes liability for any costs, expenses, losses or damages incurred by a Passenger as a result of failure to meet a schedule including, without limitation, any missed connecting flights or other travel arrangements.

11.5 Where Warsaw Convention Is Not Applicable

Where your carriage is not subject to the liability rules of the Warsaw Convention, the following rules shall apply:

(a) Any liability we have for Damage will be reduced by any fault on your part which causes or contributes to the Damage in accordance with applicable law.

(b) We will not be liable for Damage to Checked or Unchecked Baggage unless such Damage is caused by our fault and such Baggage was within our control or custody.

(c) We will not be liable for any Damage arising from our compliance with applicable laws or government rules and regulations or from your failure to comply with the same.

(d) Except in the case of an act or omission done with intent to cause Damage or recklessly and with knowledge that Damage would probably result, our liability in the case of Damage to Checked Baggage shall be limited, provided that if in accordance with applicable law different limits of liability are applicable such different limits shall apply. If the weight of the Baggage is not recorded on the Baggage Identification Tag, 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. If in the case of Checked Baggage, a higher value is declared in writing pursuant to an excess valuation facility, our liability shall be limited to such higher declared value.

(e) We shall have no liability whatsoever for Damage to articles or items not permitted to be contained in Checked and Unchecked Baggage including, but not limited to, fragile or perishable items, items having special value, such as money, jewelry, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, title deeds or samples.

(f) We are not responsible for any illness, or disability, including death, attributable to your physical condition or for the aggravation of such condition.

(g) The contract of carriage including these Conditions and exclusions or limits of liability, applies to our authorized agents, servants, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such authorized agents, servants, employees and representatives shall not exceed the amount of our own liability, if any.

(h) Nothing in these Conditions shall waive any exclusion or limitation of our liability under the Warsaw Convention or any other applicable Convention or applicable laws unless otherwise expressly stated by us.

Article 12: Notice of Claims and Limitation on Claims and Action

12.1 Notice of Claims

Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise. If you wish to file a claim regarding Damage to Checked Baggage, you must do so as soon as you discover the Damage, and at the very latest, within seven (7) days of receipt of the Baggage. If you wish to file a claim regarding the delay of Checked Baggage, you must so do within twenty-one (21) days from the date the Baggage has been placed at your disposal. 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.

12.2 Statutory Limit

Unless otherwise required by law or your right to claim for Damages has expired earlier as provided elsewhere in these Conditions of Carriage, you will have no right to claim for Damages if court proceedings are not brought within two years from:

• the date of your arrival at your destination
• the date the aircraft should have arrived, or
• the date on which your carriage stopped.

Article 13: Choice of Law and Jurisdiction

Unless otherwise provided by the Convention or any applicable law, the government regulations, orders or requirements:

(a) 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

(b) 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.

Article 14: Modification and Waiver

None of our agents, employees or representatives has the authority to alter, modify or waive any provisions of these Conditions.