These are the Conditions of Carriage for Pacific Airlines Aviation Joint Stock Company, BRN: 0301103030
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.
Cabin Baggage (sometimes referred to as carry-on or unchecked baggage) means any of your Baggage other than Checked Baggage you take your Cabin Baggage into the cabin of the aircraft with you.
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 that part of your Baggage (if any) which we have taken into our custody for carriage in the hold of the aircraft and for which we have issued a Baggage Identification Tag or Baggage receipt or both.
Check-in Deadline means the time limit specified by the Carrier by which you must have completed check-in and received your boarding pass.
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 followings applies:
- the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (the Warsaw Convention),
- the Warsaw Convention as amended at The Hague on 28 September 1955,
- the Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975),
- the Guadalajara Supplementary Convention (1961),
- the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Montreal 28 May 1999 (the Montreal Convention),
- any other applicable protocols or conventions and any enabling legislation.
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 travelling on a Booking which includes the Passenger’s name, Booking Reference and/or Confirmation Number, flight information, key Conditions of Carriage and notices.
Passenger 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.
Special Drawing Rights (or SDRs) means the composite unit of currency that is the official unit of exchange of the International Monetary Fund. As a rough guide, this equates to approximately VND 31,900 or USD 1.38 but this will fluctuate depending on exchange rates.
USD is the unit of currency of the United State that will fluctuate depending on exchange rates.
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.
Tariff 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, to 28 July 2020 the Internet e-commerce web site http://www.jetstar.com, and on and from 29 July 2020 http://www.pacificairlines.com.vn provided by us for the purpose of Passengers making online Bookings and to access information about us.
We, our, ourselves, us and Carrier means Pacific Airlines Joint Stock Aviation Company.
you, your, yourself means the Passenger.
The title or caption of each Article of these Conditions is for convenience only and is not to be used for interpretation of the text.
Article 2: Application of Conditions of Carriage
These Conditions apply to the carriage by air performed by us or in any case where we have legal liability in relation to you and your flight.
2.2 Terms & Conditions Prevail
The carriage of a Passenger on any flight by us is, without exception, subject to:
- a Booking;
- these Conditions of Carriage and the key Conditions of Carriage set out in your Itinerary;
- applicable laws which include the Law on Civil Aviation of Vietnam and any international Conventions that may apply to the Journey in question;
- any applicable Tariffs;
- any specific directions given to a Passenger in writing, or orally by our staff; and
- other fare rules and conditions or Carrier’s Regulations, as applicable.
Except as provided in these Conditions, in the event of inconsistency between these Conditions and the key Conditions of Carriage set out in your Itinerary or between these Conditions and any Carrier’s Regulations we may have dealing with particular subjects, these Conditions shall prevail to the extent of the inconsistency.
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
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 5.6 & 6.2 and our applicable Carrier’s Regulations.
(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.
We will provide carriage only to the Passenger named in the Itinerary or Electronic Ticket. You will be required to provide appropriate identification at check-in.
Article 4: Special Passengers
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. 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 (07) days old will not be accepted for carriage
Pacific Airlines does not provide on board bassinet facilities. Perambulators, prams and bassinets must be checked in.
Passengers from twelve (12) to fourteen (14) years of age (on the date of travel) are incurred the same fares per sector as the adults.
Passengers from twelve (12) to fourteen (14) years of age are may travel unaccompanied if they are able to travel independently, however Pacific Airlines will require a waiver signed by their parents or guardian to release it from all liability, claims, demands, losses, or damages on the minor’s account.
Children below the age of twelve (12) will not be accepted for carriage unless they are accompanied by an accompanying passenger of at least fifteen (15) years of age.
Accompanying Passenger means a paying Passenger who, in our reasonable opinion, can travel independently and is able to and will provide the appropriate assistance, supervision, or both, as is required for the particular customer they are accompanying. As a guide, Pacific Airlines generally will not consider a passenger to be an appropriate Accompanying Passenger for a child unless the passenger is at least fifteen (15) years old
4.3 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: If passenger has an uncomplicated pregnancy and is travelling in her first 28 weeks of pregnancy on a Pacific Airlines flight, she does not need to carry any medical documentation with her. Passenger will be required to sign 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 ten (10) 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.
4.4 Disabled/Blind or Vision Impaired Passengers
4.4.1 Disabled passengers
We can provide wheelchair service subject to the availability of facilities provided at the departure or arrival airports by ground handler contracting with us. Passengers must contact us and advise us at the time of booking.
4.4.2 Vision Impaired
Vision impaired passengers travelling with accompanying passengers: They are accepted for carriage as the normal passengers
Vision impaired passengers travelling alone: Passengers are accepted for carriage if meeting the following requirements:
- the passengers is able to self-toilet, if required, during the course of the flight; and
- the passenger can eat or drink during the course of the flight without assistance; and
- their carers give full support at the departure airport and arrival airport
4.4.3 Blind impaired
- Blind impaired passengers travelling with accompanying passengers are accepted for carriage
- Blind impaired passengers travelling alone is able to self-toilet, eat or drink during the course of the flight without assistance must advise our booking office staffs, travel agencies or check-in staffs.
4.5 Passenger requiring stretcher service
We reserve the right to deny the carriage of passengers requiring the stretcher service on board.
Article 5: Fares
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.
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.
5.3 Taxes and Charges
Any tax, fee or charge imposed by the Government or other authority or by the operator of an airport in respect of your use of any services or facilities will be in addition to our fares, administration fees and charges and shall be borne by you, unless otherwise specifically stated by us. Such taxes, fees and charges imposed on air travel may change from time to time and can be imposed additionally even after the date that your Booking has been confirmed. You shall nevertheless bear such tax, fee or charge as and when they fall due prior to departure.
At the time of payment, passengers will be notified of taxes, fees and charges and most of them will be shown in itinerary.
5.4 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 5.3 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.
For more information, please refer to the link to Website.
Fares and charges are payable in the currency prescribed with our published fares unless otherwise specifically agreed by us.
All fares, flight schedules and routes published are correct at the time of publication. We reserve the right to revise any fares and flight schedules at any time and from time to time and give the notice to passengers.
5.7 Fares Non-refundable
Some fares types are non-refundable. Please refer to the applicable fare rules for more information at the Website.
Even if your fare is non-refundable, if you do not travel you may be able to claim a refund of certain charges or taxes excluding fuel and insurance surcharges. If there is a charge or tax which Pacific Airlines collects on a per passenger basis to remit to an airport or taxing authority, and we do not have to remit that amount as a result of you not travelling, we will refund that amount to you, after deducting a reasonable administration fee (see Website for current fees). If the administration fee reasonably incurred exceeds the amount of the refund, no refund will be paid.
Article 6: Booking of Seats/Reservations
6.1 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 Fare rules or in the Article 9.2 under the circumstance of cancellation, schedule change. We do not accept any responsibility for any loss you may incur as a result of making arrangements for travel on Pacific Airlines through anyone other than Pacific Airlines, its booking offices or its authorized agents.
6.2 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.
We only assure the seat for passenger if 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.
6.4 Personal Data
We may use the personal information that you provide and we collect, including information about how your purchase history and how you use our services and facilities for the purposes of: making a reservation, purchasing and issuing a Ticket, providing you with your transportation and any related services and facilities; accounting, billing and auditing, verifying and screening credit or other payment cards; immigration and customs control; safety, security, health, administrative and legal purposes; statistical and marketing analysis, systems testing, maintenance and development; IT training; customer relations; helping us to deal with you more efficiently in the future; and direct marketing and market research (which we will only do at your request or with your consent or if we give you the opportunity to opt out).
6.5 Specific Assistance
Passengers with specific assistance needs are generally required to be accompanied by another fare paying passenger of at least 15 years of age, unless you can safely travel independently and do not require assistance when boarding the aircraft steps. We are not able to provide supervision for those 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 us for more information.
Please note that if you do require specific assistance when travelling with us you are required to make arrangements through Pacific Airlines Reservations at least three (3) days before your scheduled departure. Failure to get your specific assistance needs arranged and confirmed by Pacific Airlines telephone reservations will result in the service being unavailable on arrival at the airport and Passengers being denied carriage.
6.6. Exit-row seat
As the exit-row seats are located close to the exit door of our aircraft, passenger who sits in an exit-row seat must satisfy the following safety requirements:
- Be at least 15 years or older
- Be able to understand and carry out instructions
- Not have any permanent or temporary impairment (e.g. deaf, hearing impaired, blind, vision impaired, any strength or mobility limitation, intellectual impairment or travelling with a service dog)
- Be able to check outside conditions and react to crew commands
- Be able to reach, open, lift and throw out the 15kg (approximate 33lbs) exit door in an emergency*
- Acknowledge the exit row briefing given by Cabin Crew once onboard the aircraft
- Be willing to assist in the unlikely event of an emergency
- Not be seated with an infant
- Not require the use of an extension seat belt
6.7 Paid seating
You have a choice to seat in a specific seat on board of our aircraft with an additional fee. Such a specific seat includes upfront seat, exit-row seat. You can purchase a paid seating via our Website or via Pacific Airlines telephone reservations, Booking Offices, Travel Agencies or at Check-in counters subject to availability.
Although we will try to accommodate your seat reservation request, Pacific Airlines does not guarantee you any particular seat. We can change your seat at any time, even after you have boarded the aircraft, including for safety, security or operational reasons.
If we need to ask you to change from your paid seat to our standard seat, we will provide you with an appropriate refund of the applicable seat fee which you purchased.
If we need to ask you to downgrade your class of travel for any reason, we will:
- Provide you with an appropriate refund of the fare difference (or frequent flyer points if applicable), or
- Provide you with a reasonable alternative flight on our services
You hereby agree to accept any seat that is made available to you on-board the aircraft by us.
Priority for boarding is given to the elderly and those travelling with children.
Article 7: Check-in
7.1 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. Check-in deadlines may vary at different airport and for particular flights. Please see more information at the Website.
It is your responsibility to ensure that you comply with these deadlines, particulars of which will be available at the time you make your Booking. In any event we reserve the right not to accept you for travel if you do not comply with the above deadlines.
We reserve the right not to allow you to check in without any liability to you and without having to refund to you except otherwise stated in the Pacific Airlines Fare rules.
(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.
7.2 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
- You must be present at the boarding gate on time before the scheduled departure time. Please see more information at the Website. You will be denied boarding without any liability to you and your fare will be forfeited.
- You must present the boarding pass at the boarding gate and keep it during the course of the flight.
7.4 No Show
- If you fail to check in on time (stipulated in 7.1), the fare you paid will not be refunded to you except for the fare type is refundable according to Fare rule.
- If you fail to board the aircraft by the time the aircraft departs (stipulated in 7.2), the fare you paid will not be refunded to you for any reason whatsoever.
You are solely responsible for complying with all laws, regulations, orders, demands and requirements of countries flown from, into or over and with our Conditions of Carriage and Carrier’s Regulations, notices and instructions given by us relating thereto. We shall not be liable in any way whatsoever to you in connection with obtaining necessary documents or complying with such laws, regulations, orders, demands, notices, requirements or instructions, whether given orally or in writing or otherwise, or for the consequences to you resulting from your failure to obtain such documents or to comply with such laws, regulations, orders, demands, notices, requirements or instructions.
7.6 Travel Documents
You are responsible for obtaining and must possess and have available for presentation as required by the relevant authorities all entry and exit, health and other documents required by law, regulations, order, demands or requirements of the countries flown from, into or over. We reserve the right to refuse carriage to any passenger who has not complied with, or whose documents do not appear to comply with, such applicable laws, regulations, orders, demands or requirements
7.7 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.
7.8 Passenger Responsible for Fines, Detention Costs, etc.
If we are required to pay or deposit any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries flown from, into or over or to produce the required documents, you shall on demand reimburse to us any amount so paid or expenditure so incurred or to be paid. We may apply towards such payment or expenditure the value of any carriage unused by you, or any funds due to you in our possession.
In some cases where we have reasonable grounds to believe that a passenger is likely to be denied entry or transit, the passenger will be required to pay a deposit at the departure airport. The deposit will be used to pay for expenses incurred by passengers who are denied entry or transit such as return flight fares, penalties from the authorities and other fees. We will refund the deposit if the passenger is accepted entry or transit in the country where he/she flies to or flies through.
7.9 Security Inspections
You shall submit to any security or health checks by government or airport officials or by us.
If you refuse any security or health checks as required, you will be not accepted for travel.
Article 8: Baggage
8.1 Cabin Baggage
Each passenger is permitted 1 main item of cabin baggage and another small item with a total combined weight of up to 10kg for international services and 7kg for domestic Vietnam services. Infants not occupying a seat do not have a carry-on baggage allowance.
The dimension of main item of cabin baggage is stipulated as follows and depends on the aircraft type:
- A320: 23cm (width) 36cm (height) and 56 (length) for an overnight bag or briefcase
Small item may be a small handbag, pocket book or purse, coat, umbrella, or for international flights, duty free goods (where permitted)
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.
For more information, please refer to the Website.
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.
8.2 Checked baggage
Some fare or bundle types do not include any Checked Baggage allowance. Please refer to the applicable fare and bundle rules for more information. These are available to you at the time of booking. The current allowances and restrictions for Carry-on Baggage and Checked Baggage are set out on our Website and may change. If a change in the applicable free Cabin Baggage allowance, or in the restrictions within Pacific Airlines' control for Carry-on Baggage and Checked Baggage will affect your booked travel, we will give at least one month’s notice of the change by updating the Baggage section on our Website, or by such other notice as is required by law.
A Passenger who does not travel cannot transfer their unused Cabin Baggage or Checked Baggage allowance to any other passenger(s), including passenger(s) in the same Itinerary.
Any single checked baggage must not exceed 270cm (106 inches) of dimensions and 32 kg of weight.
Checked baggage must be properly packed before you arrive at check-in.
Bulky item is permitted up to 2 metre (length) and 1 metre (height).
We accept the carriage of fully collapsible wheelchairs and other mobility aids for free of charge if passengers are in need of them.
As an addition to checked baggage allowance, passengers travelling with a young child or infant are permitted to carry child accessories baggage per child/infant free of charge.
Make sure your checked baggage is within safe requirement and weight and size limits.
8.3 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.
8.4 Items Unacceptable as Baggage or to be Carried Inside Baggage
We reserve the right to refuse carriage of such Baggage or such items found in Baggage as follows:
(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; Fragile or perishable items;
(e) Live or dead animals;
(f) Human or animal remains;
(g) 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.)
(h) Firearms and ammunition, explosives, flammable or non-inflammable gas (such as aerosol paints, butane gas, lighter refills) refrigerated gas (such as filled aqualung cylinders, liquid nitrogen), flammable liquids (such as paints, thinners, solvents) flammable solids (such as matches, fire lighters), organic peroxides (such as resins), poisons, infective substances (such as viruses, bacteria), radioactive material (such as radium), corrosive materials (such as acid, alkali, mercury, thermometers), magnetic substances, oxidizing materials (such as bleaches);
(i) Weapons such as antique firearms, swords, knives and similar items provided that such items may be allowed as checked baggage at our absolute discretion for very special reasons. These cannot be carried into the aircraft cabin for any reason whatsoever.
If we discover that you are carrying prohibited items, we may do whatever we consider appropriate and what is reasonable in the circumstances, including disposing of the item without notifying you.
We will not be responsible for any loss or Damage caused to any prohibited items if they are brought on board despite being prohibited items.
8.5 Valuable and Fragile Goods
You must not include in your Checked Baggage:
- Artefacts, fragile, delicate or perishable items, computers, electronic equipment, such as cameras, video equipment
- Items with special value, such as money, jewelery, precious metals, silverware, negotiable papers, share certificates, securities or other valuable documents, commercial goods or business documents,
As our liability is limited (see Article 12), we will not be liable for any inconvenience or Damage you suffer if you have ignored our requirements and included the item(s) as Checked Baggage.
Pacific Airlines, authorised government or airport officers may:
- require you to undergo a search, X-ray or other type of scan on your person or submit to clothing and body searches and/or screen,
- require you to submit your Baggage to searches or inspections, and
- search or inspect your Baggage without you.
As a result of a search and/or screen, or if you refuse to submit yourself or your Baggage to a search, we may refuse to carry you and your Baggage and may deliver your baggage to government or airport officers.
Except as otherwise provided by the relevant Convention or other applicable law, if a search or screen causes Damage to you, or a search, screening or x-ray causes Damage to your Baggage or articles that are removed from your Baggage, we will not be liable for the Damage unless it was caused by our negligence.
8.7 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 (up to three days) 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.
Article 9: Schedules, Cancellation
Pacific Airlines does not guarantee it will be able to carry you and your Baggage in accordance with the scheduled date and time of the flights specified. Schedules may change for a range of reasons including bad weather, air traffic control delays, strikes, technical disruptions and late inbound aircraft. Flight times do not form part of your contract of carriage with us.
Before we accept your booking, we or our authorized agent will notify you of the scheduled flight time in effect as of that time, and it will be shown on your itinerary and tax invoice. It is possible we may need to change the scheduled flight time subsequent to issuance of your itinerary and tax invoice and/or cancel, terminate, divert, postpone, delay any flight, or substitute alternative aircraft and stop-over destination if necessary beyond our control and/or because of safety or commercial reasons. If you provide us with contact information, we will endeavour to notify you of any such changes. If, after your itinerary and tax invoice has been issued, we make a change to the scheduled flight time, which is not acceptable to you, and we are unable to book you on an alternate flight which is acceptable to you, you will be entitled to a refund in accordance with Article 9.2
9.2 Cancellation, schedule change
Due to safety or commercial reasons, we make a significant change to the scheduled departure time of your flight or the flight is diverted or cancelled after you pay for your booking or even you complete the check-in procedure.
In case of schedule change or cancellation, we shall, at your opinion, either:
- Carry you at the earliest opportunity on another of our scheduled services on which space is available without additional charges or
- Give you a fare refund
In case of diversion, we shall, at your opinion:
- Give you a fare refund or
- Arrange road transportation to destination port as available or
- Transfer you to another of our scheduled services on alternative days and
- Arrange accommodation/meals including transportation to/from accommodation
Unless provided for in a Convention or any applicable law, we will not be responsible for paying any costs or expenses you may incur as a result of the changed time or cancellation.
9.3 Changes to Circumstances beyond our control
Where a delay or cancellation is caused by circumstances beyond our control, whether you have checked in or not, Pacific Airlines will try to assist you to get to your destination, but will not be responsible for paying any costs or expenses you may incur as a result of the delay or cancellation, unless otherwise required by law.
9.4 No flight connections provided
Pacific Airlines is a low cost “point–to–point” airline which does not provide flight connections for Baggage. Unless you have been advised otherwise by Pacific Airlines, you must collect your Checked Baggage after each individual flight. It is the Passenger’s responsibility when making Bookings to allow sufficient time between the first flight’s arrival and next flight’s departure for Baggage collection and recheck. Please see Website for more information.
While 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, 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.
Article 10: Refusal of Carriage
Even if you have a Booking, we may refuse to carry you and your Baggage if any of the following circumstances have occurred or we reasonably believe will occur:
- if you may not be accepted for carriage due to circumstances as per stated in article 4.
- 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 7.1) 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 specific assistance and you have not made any previous arrangements for it (see Article 10.3);
- 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
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.
10.2 Notice of refusal to carry you
We will be entitled to refuse to carry you and your Baggage if we have notified you in writing that we will not carry you on our services. The notice will give details of the period for which it will apply and will ask you not to make a Booking or ask or allow anyone to do so for you. If you try to travel while the notice is in force, we will refuse to carry you.
If you are denied boarding due to overbooking of a scheduled flight for which you have a Booking, we will try to get you to your destination within a reasonable time of your original scheduled arrival time. If we do not, we will provide compensation and any care required by any law which may apply or in accordance with our policy if there is no applicable law. This clause 10.3 does not apply if you fail to meet the Check-in Deadline and boarding requirements in 7.1 or we exercise our right to refuse to carry you.
If we are unable to accommodate your Cabin Baggage, we may ask you if we can stow it in the aircraft hold as Checked Baggage. In these circumstances you will not be charged for the relevant Checked Baggage.
Article 11: Conduct during Flight
11.1 As stipulated in the Conventions, Law on Civil Aviation of Vietnam, and other applicable laws, we will take measures as we deem reasonably necessary to prevent the continuation of below conduct on board including restraint
- endanger the aircraft or any person or property on board
- obstruct or hinder the crew in the performance of their duties, or fail to comply with any instruction of the crew, including but not limited to, those with respect to smoking, alcohol, use of cellular telephones
- use any threatening, abusive or insulting words towards the crew
- behave in a manner that causes discomfort, inconvenience, damage or injury to other passengers or the crew
You may be disembarked and refused onward carriage at any point and may be prosecuted for offences committed on board the aircraft.
11.2 If, as a result of your conduct, we decide, in exercise of our reasonable discretion, to divert the aircraft for the purpose of offloading you, then you shall be liable for all costs which we incur of any nature whatsoever as a result of or arising out of that diversion.
11.3 For safety reasons, we may forbid or limit operation on board the aircraft of electronic equipment, including, but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio-controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.
11.4 Passengers are not allowed to consume their own food on board. No smoking is permitted on any of our flights.
Article 12: Liability Limited
Other than as specified in these Conditions of Carriage and to the extent permitted by any applicable law, we exclude all liability for any costs, expenses, losses or Damages whatsoever that may arise in any way in connection with the carriage.
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. Where we issue a Ticket for carriage by another Carrier, or we check-in your Baggage for carriage by another Carrier, we do so only as agent for that Carrier.
We will not be liable for any costs, expenses, losses or damages whatsoever that may occur when we provide road transportation service in case of diversion or road transportation service to departure airport or from arrival airport.
12.2 Negligence by you
If any Damage was caused or contributed to by you, our liability may be reduced in accordance with applicable laws.
12.3 Our Conditions of Carriage
These Conditions of Carriage govern our liability to you. The liability of any other carrier involved in your journey will be determined by their conditions of carriage.
12.4 Our liability for your death, injury
Where your travel is wholly within Vietnam with no international sectors 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.
Please refer to the Article 12.4 (b) for the limit of liability applied to domestic travel.
(b) International Carriage:
Where your travel occurs before 28 December 2019 and is International Carriage:
- For any recoverable compensatory Damages up to 113,100 SDRs (about USD 156,000) in respect of death or bodily injury caused by an accident on board the aircraft or during embarking or disembarking, we will not exclude or limit our liability. However, any liability we may have for Damage will be reduced in accordance with applicable law by any negligence on your part that causes or contributes to the Damage.
- We will not be liable for Damages in respect of death or bodily injury to the extent that they exceed for each Passenger 113,100 SDRs (about USD 156,000) if we prove that:
- such Damage was not due to the negligence or other wrongful act or omission of us or our agents, or
- such Damage was solely due to the negligence or other wrongful act or omission of a third party
Where your travel occurs on or after 28 December 2019 and is International Carriage:
- For any recoverable compensatory Damages up to 128,821 SDRs (about USD 177,700) in respect of death or bodily injury caused by an accident on board the aircraft or during embarking or disembarking, we will not exclude or limit our liability. However, any liability we may have for Damage will be reduced in accordance with applicable law by any negligence on your part that causes or contributes to the Damage.
- We will not be liable for Damages in respect of death or bodily injury to the extent that they exceed for each Passenger 128,821 SDRs (about USD 177,700) if we prove that:
- such Damage was not due to the negligence or other wrongful act or omission of us or our agents, or
- such Damage was solely due to the negligence or other wrongful act or omission of a third party
In the case of passenger delay;
- where the Warsaw Convention applies, we will be liable for recoverable Damage except when we can prove that we took all necessary measures to avoid the Damage or that it was impossible for us to take such measures, or
- where the Montreal Convention applies, we will be liable for recoverable Damage except when we can prove that we took all measures that could reasonably be required to avoid the Damage or that it was impossible for us to take such measures:
- Where your travel occurs before 28 December 2019, our liability under the Montreal Convention is limited to 4,694 SDRs (about USD 6,475).
- Where your travel occurs on or after 28 December 2019, our liability under the Montreal Convention is limited to 5,346 SDRs (about USD 7,375).
We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition, except to the extent that any applicable law requires otherwise.
12.5 Our liability for your baggage
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.
Our compensation for Damage of Baggage is based 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. Our liability in the case of Checked Baggage loss shall be limited to 200,000 VND (about 10 USD) per kilogram, and in the case of Damage to Checked Baggage, 500,000VND (about 25 USD) per piece.
(b) International Carriage
- Our liability for Damage to Checked Baggage is limited by the Convention except where you prove that the Damage resulted from an act or failure to act either done with the intention to cause damage or recklessly and with knowledge that damage would probably result.
- Where the Warsaw Convention applies, the limit is 250 francs (about USD 20) for each kilo of your Checked Baggage affected and 5,000 francs (about USD 400) for your Cabin Baggage, unless Article 25 of the Warsaw Convention applies, in which case these limits do not apply.
- Where the Montreal Convention applies and your travel occurs before 28 December 2019, the limit is 1,131 SDRs (about USD 1,560), cumulative for both Checked Baggage and Cabin Baggage, unless Article 22.5 of the Montreal Convention applies, in which case these limits do not apply.
- Where the Montreal Convention applies and your travel occurs on or after 28 December 2019, the limit is 1,288 SDRs (about USD 1,775), cumulative for both Checked Baggage and Cabin Baggage, unless Article 22.5 of the Montreal Convention applies, in which case these limits do not apply.
- In the case of Checked Baggage, we will not be liable if the baggage was defective. We will only be liable for Cabin Baggage if we were at fault.
- If neither the Warsaw nor the Montreal Convention applies, different limits may apply.
- 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.
- 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.
Article 13: Notice of Claims and Limitation on Claims and Action
13.1 Notice of Claims
Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise. 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.
13.2 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 14: 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 15: Modification and Waiver
None of our agents, employees or representatives has the authority to alter, modify or waive any provisions of these Conditions.