TABLE OF CONTENTS

ARTICLE 1 – DEFINITIONS

ARTICLE 2 – SCOPE OF APPLICABILITY

ARTICLE 3 – TICKET AND ITINERARY RECEIPT

ARTICLE 4 – FARES

ARTICLE 5 – RESERVATIONS

ARTICLE 6 – CHECK-IN AND BOARDING

ARTICLE 7 – BAGGAGE

ARTICLE 8 – SCHEDULES, CANCELLATION OF FLIGHTS

ARTICLE 9 – REFUSAL OF CARRIAGE

ARTICLE 10 – CONDUCT ABOARD AIRCRAFT

ARTICLE 11 –LIMITATION OF LIABILITY

ARTICLE 12 – REPRESENTATION AND COMPLAINTS PROCEDURE

ARTICLE 13 – DISPUTE RESOLUTION

ARTICLE 14 – MODIFICATION AND WAIVER

 

CONDITIONS OF CARRIAGE

ARTICLE 1 – DEFINITIONS

1.1 “Applicable Convention”. Unless otherwise specified, any of the following conventions will be applied in Conditions of Carriage and relating documents:

1.1.1 The Uniform Convention for the International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convetion).

1.1.2 The Warsaw Convention as amended on September 28th 1955;

1.1.3 The Warsaw Convention as amended by Additional Protocol No.1 of Montreal in 1975;

1.1.4 The Warsaw Convention as amended at The Hague and by Additional Protocol No.2 of Montreal in 1975;

1.1.5 The Warsaw Convention as amended at The Hague and as amended by Additional Protocol No.4 of Montreal in 1975.

1.2 “Carriage” means carrying passengers and baggage by aviation or any other means of transportation. It can be free or charged. The carriage includes the following forms:

1.2.1. Direct flights: flights from the starting-point’s airport to the destination’s airport.

1.2.2. Scenic flights: the sightseeing flights that scenic points can be listed in detailed itinerary. Scenic flights may be part of tour agents/ travel partners’s package but we do not operate or directly provide a service incorporated as part of the tour package.

1.3 “Carrier” or “Hai Au Aviation” is Hai Au Aviation Joint Stock company that operates transporting services for passengers, baggage and scenic flights services.

1.4 “Landing places” means destinations of Hai Au Aviation but not air stations, airport and they are confirmed in the Tickets/Itinerary receipt or the charter agreement.

1.5 “Seat ” means seat on the aircraft of Hai Au Aviation.

1.6 “AuthorizedAgent” unless otherwise specified, any organization/individual who has the right to represent the Carrier in carrying passengers and baggage.

1.7 “Passenger” meansany person, except members of the crew, are carried or will be carried by aircraft under the consent of the Carrier.

1.8 “Reservation” means detailed information from the Carrier or authorized Agent which is related to customers’ schedule or individuals whose schedule paid by customersare created in Carrier’s database.

1.9 “Fares” means rates and charges of the Carrier which have been published on our website or in writingwith the enclosed applicable conditions.

1.10 “Baggage” means your personal property accompanying passengers in connection with your trip. Unless otherwise specified, it includes both your Checked and Unchecked Baggage.

1.10.1 “Checked Baggage” means baggage of which we take sole custody and for which we have issued a baggage check. A Checked Baggage is also called “registered baggage”.

1.10.2 “ Unchecked Baggage” or baggage on the aircraft means any of your baggage other than the Checked Baggage, including all items brought by passengers into the aircraft cabin.

1.11 “Itinerary Receipt” means confirmation paper issued as a ticket to passengers, which contains passenger’s name, reservation code, information of the flights and other notices. Passenger has to bring the itinerary receipt with them throughout the trip.

1.12 “Days” means calendar days, including seven (07) days a week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted.

1.13 “The Carrier’s regulations” means rules, other than these Conditions of Carriage and Tariff, published by Hai Au Aviation and is valid at anytime. The Conditions of Carriage are available at authorized sale office, check-in counter or on website of The Carrier.

1.14 “Baggage Identification Tag” means a document issued solely for identification of Checked Baggage.

1.15 “Damages” means death or wounding of passengers and also includes damages sustained in the event of the destruction or the total or partial loss of or damages to Baggage, caused/ or occurred during carriage by air. It does not include thefair wear and tear of baggage such as small scratches, scuffs, dents and cuts caused by the usual and normal transportation by air.

1.16 “Website” means our internet website with the address www.seaplanes.vn.

1.17 “Reservation Confirmation” means confirmation provided by Hai Au Aviation or authorized agents. It is confirmed in the Tickets and Itinerary Receipt.

1.18 “Baggage Check” means those portions of the Ticket which relate to the carriage of passenger’schecked baggage.

1.19 “Ticket” means tickets given by Hai Au Aviation containing Conditions of Carriage and notices.

1.20 “Charter Agreement” means agreement signed between Customer and Hai Au Aviation in order to operate the flight according to Customer’s requirement.

ARTICLE 2 – SCOPE OF APPLICABILITY

2.1 General provisions:

2.1.1 These Conditions of Carriage apply to general aviation business for routine operations and charter agreements signed between Hai Au Aviation and Customers.

2.1.2 These Conditions of Carriage apply to free and reduced fare carriage, unless otherwise specified in the Carrier’s regulations, licenses, contracts or relevant Tickets.

2.1.3 These conditions, our regulations of Hai Au Aviation, rates and charges can be changed via notice on the website; however no such change shall apply after issuing the Itinerary Receipt.

2.2 Terms and Conditions prevail over Regulations

2.2.1 The Carriage of passengers on any flights operated by Hai Au Aviation has to comply with Conditions of Carriage without any exception:

- Booking;

- These Conditions of Carriage and the main points of Conditions of Carriage quoted in your Tickets and Itinerary Receipt;

- Applicable laws, including the Civil Aviation Law of Vietnam;

- Any applicable Fares; unless the Fares in the issued Itinerary Receipts would be applied before the amendment;

- Any specific directions given to Passenger in writing or orally by Hai Au Aviation Crew; and

- Terms and Conditions about fares or Conditions of Carriage, if applicable.

2.2.2 Unless stated in these Conditions of Carriage, in case there is inconsistency between the Conditions of Carriage and the Conditions of Carriage quoted in your Tickets and Itinarery Receipt or between the Conditions of Carriage and any rules in the Conditions of Carriage related to a specific individuals, these Conditions of Carriage will prevail to solve the inconsistency.

2.3 Language

The language of these Conditions of Carriage is Vietnamese. In case these Conditions of Carriage may be reproduced in other languages, the Vietnamese text will prevail and explain these Conditions of Carrigage.

2.4 Applicable Law

2.4.1 Applicable law contains national law in order to follow a Convention or provisions of the Convention that is expanded to apply for the carriage which is not “International Carriage” as defined in the Convention, provisions, orders and requirements of the Government.

2.4.2 If these Conditions of Carriage or any part in these Conditions of Carriage are not consistent with any Vietnamese Laws which apply to the contracts between passenger and Hai Au Aviation, these Conditions of Carriage shall be applied.

2.5 Other travel services

Hai Au Aviation has ability to organize and arrange other services for customers besides aviation, for example booking accommodation, hiring cars, boats etc. Supplemental conditions or other conditions are applied for these services.

If Hai Au Aviation arranges passengers in the flights of other airline code, Hai Au has responsibility to be the agent of that airline and the Conditions of Carriage of that airline will be applied as provided in 2.2.

ARTICLE 3 – TICKET AND ITINERARY RECEIPT

3.1. Ticket

3.1.1 Ticket is evidence of contract between Hai Au Aviation and passengers. The Ticket can be shown under written or electronic form.

3.1.2 We will provide carriage only to Passengers named in the Tickets, and Passengers may require to present appropriate identification.

3.1.3 Passenger cannot transfer his/her ticket to others unless it is stated in the contract and has been approved by the Carrier.

3.1.4 Some Tickets are sold at discounted rates which may be partially or completely non-refundable. Passenger should choose the fare that is the most suitable for them.

3.2 Period of Validity and Itinarery Receipt

3.2.1 Ticket and Itinarery Receipt is only valid to Passengers having name on the flight, which is specified in the Ticket and Itinerary Receipt and depends on changes as prescribed in the Conditions of Carriage.

3.1.2 Passengers cannot transfer his/her ticket to anyone else to use. If someone other than the person entitled to be carried travels and Hai Au Aviation finds out, the Carrier has rights to refuse that person. On the other hand, if Hai Au Aviation does not realize the ticket is used by any person other than the person entitled to be carried and already operated the flight, the Carrier shall not be responsible to reclaim the reservation and refund money for the entitled Passenger.

3.2.3 If Passengers do not show up at any flights without informing Hai Au Aviation in advance, the Carrier may cancel your return or onward reservations. However, if the Passengers advise the Carrier in advance within 24 hours before the flight, the Carrier will not cancel your subsequent flight reservations.

3.2.4 The ticket Passenger has purchased is valid only for the translation as shown on the ticket, from the place of departure to the final destination. If the passenger do not want to follow the schedule as it is confirmed, The Carrier will not refund money to them. If Passenger wishes to change their carriage, he or she must contact The Carrier in advance and have our approval in the condition that the Passenger has to agree to the fare of the new transportation.

ARTICLE 4: FARES

4.1 General provisions

4.1.1 Fares is applied only for carriage from the air stations, airports or landing places of departure to the air stations, airports or landing places of final destination.

4.1.2 Fares do not include ground transport services within air stations, airport, or landing places; between air stations, airport, or landing places and central town; other sightseeing tours which are not shown on the itinerary; baggage fee transporting by other services unless otherwise regulated by the Carrier.

4.1.3 Hai Au Aviation is the Carrier which provides direct flights (point to point) or scenic flights and will not take any responsibility for any of passenger’s connecting flights.

4.1.4 Fares do not include food and beverage.

4.2 Fares

4.2.1 Faresare calculated according to the price of Hai Au Aviation’s services and it has validity on the payment day.

4.2.2 Applicable fares are aircraft prices and other fees that the Carrier publishes or is published on behalf of the Carrier via electronic network or other communication chanels.

4.2.3 Any changes relating to the flights or changes in passenger’s tickets and itinerary receiptsupon confirmation will be charged as specified in these Conditions of Carriage or in otherprovisions of the Carrier.

4.3 Taxes and Charges

4.3.1 Unless otherwise regulated by the Carrier, applicable taxes, fees and charges imposed by government or authority, or by the airport operatorrelated to services and facilities used by Passenger will be included in the fares, itinerary receipts and fees by the Carrier, whichshall be paid by Passenger.

4.3.2 Taxes, fees and charges applied to this service are constanly changing and can be imposed after the date your booking confirmation has been confirmed. Accordingly, passengershave to pay the Carrier any such taxes, fees or charges before carriage.

4.4 Children

4.4.1 Children under two (02) years old (until the departure date) may have to pay the extra fees provided that they must share their seats with adults.

4.4.2 One (01) adult is allowed to bring one (01) child only. Car seat for baby or trolley is not allowed to bring into the cabin.

4.4.3 Children from two (02) years old to twelve (12) years old will have to pay 75% of the public fares and have their own seats.

4.5 Currency

Fares and charges are paid in currency decided by the Carrier based on the fares and charges published by the Carrier, unless otherwise regulated by the Carrier.

4.6 Accuracy

All fares, schedules and routes are published accurately at the time of announcement. The Carrier is entitled to amend information about fares, schedules and routes at any time by publishing on the website of the Carrier. These amendments are applied only prior to the confirmed Reservation.

4.7 Refunds

4.7.1 The Carrier does not take responsibility to any issues arising from passengers who cannot fulfill the payment according to applicable conditions. The Carrier refuses to refund amount of fares unless otherwise regulated by the Carrier.

4.7.2 Voluntary refund: Apply as Article 3.2.4 or otherwise agreed between passengers and the Carrier in cash or money transfer (if Passenger has made her/his payment viabank cards).

4.7.3 Involuntary refunds: In case the flight is cancelled, Passenger can choose the refund in several options including saving ticket, refund in cash or money transfer (if Passenger has made her/his payment viabank cards). Refunding in cash is handled in sale offices or authorized agents of the Carrier.

4.7.4. Gift Voucher: cannot be transferred into cash or refundable.

ARTICLE 5: RESERVATIONS

5.1 Booking

5.1.1 Booking is only confirmed after payment is completed and the Carrier send booking confirmation to the passenger. Upon confirmation, passengers cannot cancel their Reservation.

5.1.2 The Carriershall not be liable to any damages that the passenger may have to endure if he/she makes reservation through any individual/organization which is not authorized bythe Carrier orits sale offices and agents.

5.2 Change, cancellation of flights

Passengersmayalter their flight (including changes in routes and departure date) into another flight if that flight still has unoccupied seats and he/she has to meet these following requirements:

a. Strictly follow conditions of the ticket issuance;

5.3 Payment

Fares need to be fully paidwhen the reservation is made. In case fares are not fully paid due to any reasons when booking has been confirmed, the Carrier is entitled to cancel the reservation at any time before the check-in time and/or not to let passengers get on the aircraft.

5.4 Personal data

Passengers confirms and agree that their personal data has been provided to the Carrier to make reservation and booking confirmation, other supporting services and facilities; immigration and customs control; accouting, billing and auditing; verifying and screening credit or other payment cards; safety, security, administrative and legal purposes; sytems testing, maintenance and development; statistical and marketing analysis; which may help the Carrier deal with passengers more efficiently in the future. Regarding to these purposes, passengers authorize the Carrier to retain and use such data and transmit it to the Carrier’s offices, authorised agents and the third parties including the Carrier’s business partners, government agencies, other carriers or the suppliers of the mentioned-above services.

The Carrier assure that these personal data is only used to make reservation and booking confirmation, other supporting services and facilities; immigration and customs control; accouting, billing and auditing; verifying and screening credit or other payment cards; safety, security, administrative and legal purposes; sytems testing, maintenance and development; statistical and marketing analysis; which may help the Carrier deal with passengers more efficiently in the future.

5.5 Seating

The seatingallocation will be handled by the pilots on the aircraft. We will make priority seating for old-aging passengers, pregnant women and people accompanying children.

ARTICLE 6 – CHECK-IN AND BOARDING

6.1 Check-in time

Passengers have to be at the air stations or airports at least one (01) hour before departure time in order to complete administrative procedure and check-in. Check-in time may vary at different locations and depends on a particular flight. Passengers have responsibilities to comply with check-in time as previously informed with thereservation. In all circumstances, the Carrieris entitled to refuse passengers to check-in within less than fifteen (15) minutes before boarding time.

The Carrieris entitled not to let passengers check-in without any responsibility and refunding to that passenger under these following circumstances:

  1. Check-in requirements
    1. For infant who does not have a specific seat, document in order to prove that infant to be under two years old may be required, for example birth certificate. If Passenger does not provide any necessary document for the flight and identification for check-in, she/he will not allow to fly.
      1. Unchecked Baggage size cannot exceed 34cm width, 23cm height and 48cm length.
      2. Each Unchecked Baggage must fit in the empty place in front passenger seat.
      3. Any Unchecked Baggage which does not match these conditions above must be carried as Checked Baggage.
  2. Items are not packed in suitcases or parcel to be transported with normal care;
  3. Items which are likely to endanger the aircraft or passengers or property on board the aircraft, such as those specified in the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in Conditions of Carriage;
  4. Items the carriage of which is prohibited by the applicable laws, domestic or international regulations or orders;
  5. Items which are reasonably considered by the Carrier to be unsuitable for carriage because of their weight, size or character;
    1. Items which are likely fragile or perishable;
    2. Alive or dead animal;
    3. Dead body;
    4. Fresh or frozen seafood or any meat are allowed to be on board provided that it is hand-carried and suitably packed (Only Styrofoam box and/or cool box containing dry/imperishable food are allowed to be carried after inspection by security. If passengers refuse to be inspected, the Carrier is entitled to reject to carry their baggage);
      1. Weapons and ammunition;
      2. Explosives, gas, flammable or non-flammable equipment (such as spray paint can, butane, match box), deeply refrigerated gas (diving equipment, nitrogen); flammable liquid (paint, thinner, solvent); flammable solid (match box, lighter); organic compound (thermoplastic); flammable, poisons and infectious substances (virus, bacteria); radioactive material (radioactive metal); corrosive (acids, alkalis, mercury, thermometer); magnetic; oxidizing material (bleaching powder); and

6.2.1 All passenger including children has to present Booking Confirmation, Reservation Code, or Ticket and other necessary document for the flight and other acceptable document which helps Passenger to certify themselves while check-in.

6.2.3 During check-in, The Carrier will provide to Passenger Ticket and Baggage Ticket for Checked Baggage. Passenger is required to keep these Tickets throughout the trip.

6.3 Boarding

Passengers have to show up at the boarding gate at least thirty (30) minutes before the departure time.

6.4 No show

6.4.1 If Passengers do not check-in on time or not on boardat departure time, fares paid by passengers will not be refundable with any reason. The aircraft shall not wait for late passengers.

6.4.2 The Carrier shall not liable for any loss or damages if the passengersare late.

6.5 Identity papers

6.5.1 Passengers have responsibilities to be ready to show their passports, identity cards, birth certificates (for children), immigration papers, health certificates and other required documentsupon requested by authority.

6.5.2 The Carrier is entitled to refuse to carry any passengers who fail to comply with the above regulations, or their document do not meet any laws, orders, requirements or other applicable conditions.

6.6 Security Inspection

Passengers must allow government officials, airport officials or staff of the Carrier to handle security and medical check-up.

ARTICLE 7 – BAGGAGE

7.1 Checked baggage: The Carrier only accepts Checked Baggage of passengers who have tickets of direct flights. Regarding to thepassengers who have direct-flight tickets, their Checked Baggage will be transported by car with extra fee. There are severalconditions for Checked Baggage:

a. After the Baggage is handed over to the Carrier for security inspectation, the Carrier will take it into custody and provide baggage identification tag for each baggage. Checked Baggage must have Passenger’s name or any personal identification which is attached safely on the Baggage.

b. Passenger will take back their baggage after completing the flight. If Passenger does not take their baggage in a reasonable time and the Carrier has to store it, the Carrier may charge extra fees for storage.

Hours (From the scheduled delivery time of Baggage) Amount/ hour

1 hour 50.000 VND/package

c. If passengers do not receive the checked baggage within 03 (three) months or other period under provisions of the Carrier after completing their flights, the Carrier may liquidate that baggage. The amount of liquidation money after deducting the storage delivery, liquidation fees will be returned to the recipients. After 180 days from the liquidation date, if no recipient appears, this amount will be submitted to government budget.

d. Only passengers with baggage identification tag issued to passengers with checked baggage are entitled to receive baggage.

If passengers fail to provide the baggage identification tag, the Carrier will only deliver baggage in the event that passengers can prove the entitlement to the baggage and if the Carrier requires, passengers have to provide appropriate assurance to reimburse for any loss, damage or expenses that the Carrier may incur due to the delivery of baggage.

e. When the baggage identification tag holders accept to receive the baggage, it is the obvious evidence that the baggage is delivered.

7.2 Unchecked Baggage:

Passengersare allowed to carry Unchecked Baggage to the aircraft. Each passenger can carry maximum 7kg onto the aircraft; however, if the Unchecked Baggage is of excessive weight, the Passenger will be charged according to the Conditions of Carriage. The total weight of Unchecked Baggage cannot exceed 10kg.

7.3 Items not considered as Baggage or accepted in Baggage.

The Carrieris entitled to refuse to carry Baggage or any items found in the Baggage as below:

k. Weapons such as guns, swords, knives and similar equipments must be inspected for checked baggage by the Carrier. Any of these above are not allowed to be carried for any reasons.

If The Carrier discovers that passengers carry these prohibited items above, the Carrier can take any suitable action, including confiscating these items without noticing to the passengers.

If, despite being prohibited, any items referred above are included in the Passenger’s baggage, the Carrier shall not be responsible for any loss or damage to such items.

Passenger should not leave any of these below items in checked baggage:

- Fragile, perishable items;

- Laptop or PC;

- Valuable items such as money, jewelry, precious metal, gold or silver;

- Negotiable papers, securities, and other valuable items;

- Electronic devices, such as camera, video tools;

- Commercial goods or business documents;

- Antiques; and

- Passports and other identification documents.

Since Hai Au Aviation has limited responsibility (See Article 11), the Carrier shall not be responsible for any inconveniences and damages that passengers have to suffer if they do not follow these Conditions of Carriage and still leave the mentioned-above items in their checked baggage.

7.5 Right of search

7.5.1 For security and safety reasons, the Carrier may request to search and scan thepassengers. Full body scanner, X-ray, metal detector or professional equipment are used to search and scan passengers’ body and baggage. Hand-searching can be carried out if necessary.

7.5.2 The Carrier is entitled to search passengers’baggage in their absence to determine whether theirbaggage contain any prohibited items mentioned above.

7.5.3 If passengersare unwilling to comply with such requests, the Carrier may refuse to carry them and theirbaggage without refunding the fares and further responsibility forpassengers.

7.5.4 In the event a search or scan causes damages to passengers, or to theirbaggage, the Carrier shall not be liable for such damages unless due to the Carrier’s fault.

7.6 Limitation for unchecked baggage (Baggage on board)

7.6.1 All unchecked baggage has to follow the requirements about weight and size. Passengersare not allowed to carry knives, sharp tools or metal tools or any other materials, knitting needles or sporting equipment. Any items above have to be put in checked baggage. If found, these items will be confiscated and not refundable.

7.6.2 Passengers who carryhypodermic needle have to inform at inspection area. If necessary, passengers have to present her/his medical certificate. Medicine must have clear label with name and manufacturer information.

7.6.3 The Carrier shall not take any responsibility for baggage that the Carrier refuses to carry which are not carried as checked baggage by the passengers.

ARTICLE 8 – SCHEDULES, CANCELLATION OF FLIGHTS

8.1 Schedules: The Carrier shall make effort to avoid delay in carrying Passengers and Baggage. The Carrier will try to comply with published schedules. The information related to the flight schedules will be informed to Passengers under the provisions of Vietnamese Law on Civil Aviation and government authority.

8.2 Cancellation and schedule changes due to force majeure reasons, including: natural disasters, fires, strikes, closure, the action of hostile forces, war, blockade, embargo, uprisings, riots, epidemics, requests or changes from the government (using aircraft for special purposes, delay, refusal to license…), weather, technical defects because the relevant service suppliers are not able to supply services for flights or other unforeseen circumstances beyond the control of the Carrier, which force the pilot or operating controller to decide on cancelling flights because of the safety for passengers and the flights.

In these circumstances, the Carrier will proceed as follows:

a. Inform the passengers via registered email or phone number or agent of the passengers within 24 hours prior to the scheduled departure time.

b. After the reschedule or cancellation notice is delivered to the passengers, the passengers are entitled to choose one of the following options:

(i) The Carrier shall arrange the alternative means of transportation for the passengers at the soonest; or

(ii) The passengers arrange the time to take the next flight and during the waiting time, the passengers will be served with food at the departure lounge; or

(iii) The Carrier shall refund all the payment for passengers or their agent.

In the event of sudden bad weather at the destination, the aircraft fails to land at the destination and returns to the departure:

  1. The Carrier shall refund all the payment to passengers or their agent; or
  2. The passengers arrange the time to take the next flight.

8.3. In case of the Carrier’s cancellation or schedule changes for reasons not specified in Article 8.2:

a. Scenic flights: the Carrier shall refund all payment to passengers or their agent and not be liable for any arising expenses.

b. Direct flights (from point A to point B): the Carrier shall arrange the next alternative flight to passengers. During the waiting time, the passengers will be served with food at the departure lounge. If there is no alternative flight, the Carrier shall:

(i) Refund all payment and compensate a goodwill amount for 200.000 VND (Two hundred thousand dong)/passenger; or

(ii) Supply alternative road/water transportation for passengers. Payment will be refunded to passengers after deducting the cost of alternative transportation.

ARTICLE 9 – REFUSAL OF CARRIAGE

9.1 Refusal

In the reasonable exercise of our discretion, the Carrier may refuse to carry passengers or their baggage (even if passengers hold a valid Ticket and/or have a boarding pass) if one or more of the following have occurred or we reasonably believe may occur:

- If the carriage of passenger or his/her baggage may endanger the safety of the flight or the safety or health of any individual on the aircraft;

- If the carriage of passenger or his/her baggage may cause serious effects on the comfort of any individual on the aircraft;

- If the carriage of passenger violates the applicable law, regulations, orders or instructions of Immigration in the departure or arrival country of the passenger.

- Passenger has refused to submit a security check for himself/herself and his/her baggage;

- Passenger has not had a reservation;

- If passenger fails to comply with any applicable laws, rules, regulations or orders or these Conditions of Carriage;

- If passenger fails to complete the check-in and boarding procedure within the stipulated time or not present at the boarding gate on time;

- Passenger fails to comply with the instructions of the Carrier’s ground service staff or member of the crew concerning the safety or security;

- Passenger fails to meet medical requirements of the Carrier;

- Passenger has special support requirement without registering with the Carrier before (see Article 9.3);

- If passenger is drunkard or impairment from alcohol or drugs;

- If passenger or the Carrier has the reasonable grounds to believe that passenger carry illegal drug;

- If the mental and physical condition of passenger are in danger or may be harmful to the other passengers on the aircraft;

- If passenger, in any way, threaten or imply to carry out a bomb attack or carry any kind of explosives, in the checked baggage or unchecked baggage, threaten to hijack or control the crew, airline staff or passengers on the flight, threaten or imply in any other forms of terrorism;

- If passenger threatens or offends the ground service staff or member of the crew;

- If passenger commits a crime in check-in process at the check-in counter, when carrying out procedure of boarding or in the aircraft;

- If passenger deliberately prevents the ground service staff of the Carrier or members of the crew from performing their duties;

- If passenger endangers the safety of the aircraft or other passengers on the aircraft;

- If passenger wears no clothes, no shoes or no sandals;

- If passenger has committed misconduct on a previous flight, and such conduct is not confirmed to be repeated or not;

- Passenger fails to prove that he/she is listed in the reservation for the flight that he/she intend to take;

- Due to the fact that the reservation of passenger:

+ Has not been paid;

+ Has been transferred contrary to the provisions of the Carrier;

+ Has been made illegally;

+ Has been conducted through the organization/individual who is not the Carrier’s authorized agent;

+ Has not been changed under the Carrier or the authorized agent;

+ has been fake or invalid in other ways.

In any case mentioned in Article 9.1, the Carrier may require passengers to get off the flight even if passenger is boarding, without any liability and cancel any further flights in the passenger’s travel document with the Carrier.

9.2 Children without accompanying adults

Children under fifteen (15) years old are not allowed to take the flight alone unless they are accompanied by adults over eighteen (18) years old or in case there are no available adult, they must arrange the special support from the Carrier in advance.

9.3 Special support

9.3.1 Passengers with special requirements have to be accompanied by a passenger over eighteen (18) years old who has a ticket, unless the former can move independently and does not need the assistance in using boarding stairs. The Carrier is unable to supervisor if the passenger cannot move by himself; however, the Carrier may provide some certain services if required. The Carrier will offer to charge some services provided by the third party. The services may not be available on all flights on account of the limitations of the air stations, domestic airports, and landing places. Please contact Customer service center of the Carrier for more information.

9.3.2 It is reminded that if passengers require special support when moving on the aircraft of the Carrier, these passengers have to make a reservation through the Customer service center of the Carrier at least three (3) days prior to his departure date and the ticket must be confirmed by the Carrier or in other written forms. In case Customer service center has not confirmed the passenger’s requirement of special support, services will not be available for the passengers at the time the passengers arrive at the airport and the Carrier will refuse to carry the passengers.

9.4 Pregnant Passengers

Pregnant passenger's obligation is to inform the Carrier of her pregnancy period when making a reservation and at the check-in counter. The carriage of pregnant passengers is subject to the following conditions:

a- Under 27-week pregnancy: The Carrier will carry this passenger without doctor's certification but the passenger must sign the Statement of limited liability.

b- Over 27-week pregnancy: These passengers must present doctor's letters confirming that her health condition is suitable to fly and this letters must be valid no earlier than seven (7) days prior to the departure date. Passengers will be required to sign the Statement of limited liability.

c- 32-week pregnancy and over: the Carrier will refuse the carriage of these passengers.

ARTICLE 10 – CONDUCT ABOARD AIRCRAFT

10.1 If, in our reasonable opinion, passenger conduct yourself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to comply with any instruction of the crew including but not limited to alcohol or drug consumption; verbal threats, implication of bombing or carrying any kind of explosives in checked baggage or unchecked baggage; threats of hijacking or endangering the crew, airline staff or passengers on the flight; threats or implication of terrorism, or behave in an offensive manner which causes discomfort, inconvenience, damage or injury to other passengers or the crew, the Carrier will take such measures as the Carrier deem reasonably necessary to prevent continuation of such conduct, including restraint or transferring these passengers to the aviation security.

10.2 Passengers may be disembarked and refused onward carriage at any point, and may be prosecuted for offences committed on board the aircraft.

10.3 Due to the behavior of passenger that the Carrier must, to the extent of reasonable competence, decide to change the flight routes by immediately landing to offload this passenger, this passenger shall indemnify the Carrier all costs arising from the diversion of the aircraft.

10.4 For security purposes, the Carrier may prohibit or restrict using electronic devices on the aircraft including cellular phones, laptop computers, portable recorders, portable radios, CD players, video games or transmitting devices such as radio-controlled toys and walkie-talkies. Hearing aids and heart pacemakers are permitted to use.

10.5 Passengers are not allowed to use their own food on the aircraft. Smoking is prohibited on any flight of the Carrier.

ARTICLE 11 – LIMITATIONS OF LIABILITY

11.1 General provisions

11.1.1. Limitation of liability of the Carrier shall comply with the provisions on limitation of liability stipulated in the Law on Civil Aviation of Vietnam.

11.1.2 The Carrier is not liable for any damages arising due to the compliance with the Vietnamese law or the incompliance of the passengers to the Vietnamese law. The Conditions of Carriage (including exceptions and limitations of liability) is applied for the interest of authorized agents, employees and representatives and agents of the Carrier to the same extent as the Carrier applies to the Carrier.

11.1.3 The total amount of compensation which passengers is entitled from the Carrier, authorized agents, employees, the representatives and agents of the Carrier shall not be higher than the total cap of liability of the Carrier (if any).

11.1.4 Unless otherwise specified in the Conditions of Carriage, liability of the Carrier, if any, is limited to compensation for proven damages. In any case, the Carrier shall not be liable for any indirect or consequential damages and the Carrier’s liability shall not exceed the cap specified in the Conditions of Carriage.

11.1.5 Any liability of Hai Au Aviation for damages will be reduced in the event that passenger’s faults cause or relate to such damages under the applicable law.

11.1.6 The carriage of passengers specified in the Conditions of Carriage, including the waiver or limitation of liability, will be applied to authorized agents, staffs, employees and the Carrier’s representatives to the same extent as the Carrier applies to the Carrier. The total amount of compensation from the Carrier or from authorized agents, staffs, employees and representatives of the Carrier will not exceed the liability of the Carrier, if any.

No article in the Conditions of Carriage shall:

- Eliminate the waivers and limitations of liability that the Carrier is entitled under the applicable law, unless otherwise committed by the Carrier.

- Eliminate the arguments protecting the Carrier, which is permitted under the applicable law, including the application of such arguments against any general insurance organizations or any individuals who shall be liable for payment, or having fulfilled the payment to compensate for the dead or other injured passengers.

11.2 Liability for dead or injured passenger

The Carrier's liability for proven damages sustained by passenger in the event of death, wounding or other bodily injury caused by an accident during carriage performed by the Carrier is subject to the rules and limitations set forth in the applicable law as well as the following supplementary provisions:

11.2.1 The liability of the carrier for the death or bodily injury of the passengers is limited to the sum of the equivalent of $ 100 million per accident, including legal fees.

11.2.2 The Carrier is only liable for damages of the passengers during air transportation by the Carrier, unless such damages are entirely caused by the health problems of passengers. If the damages are caused by or contributed to by, the negligence or other wrongful act or omission of the injured or deceased passengers or of the legally entitled person claiming compensation the Carrier may be exonerated wholly or partly from our liability in accordance with applicable laws.

11.2.3 Nothing in any provision of these Conditions of Carriage shall be construed as prejudicial to the rights and responsibilities of the Carrier on any claims for any one person or the person's representative conducted when the person intentionally caused fatal damage, injury or personal injury to passengers.

11.3 Limitation of liability for baggage

11.3.1 Liability for losses, delays or damages to baggage is limited under the Law on Civil Aviation of Vietnam.

11.3.2 The Carrier is not liable for the damages to the checked baggage or unchecked baggage unless such damages are caused by the Carrier’s negligence and during the time when the baggage is in the storage and under the control of the Carrier.

11.3.3 The Carrier is not liable for any damages caused by property contained in the passenger’s baggage. Passengers shall be liable for any losses or damages caused by their baggage to other people and property, including the property of the Carrier.

11.3.4 The Carrier is not liable for damages caused by inherent defect, quality or vice of baggage, as well as fair wear and tear of baggage such as small scratches, scuffs, dents and cuts caused by the usual and normal transportation by air.

11.3.5 To the extent permitted by Vietnamese Law, the Carrier is not the liable in any way whatever for damages to prohibited items which passengers include in your baggage, including but not limited to fragile or perishable items, money, jewelry, precious metals, computers, personal electronics, negotiable papers, securities, business documents, passports, other identity papers, agreements or other specimens.

11.3.6 If the weight of the baggage is not recorded on the baggage check, it is presumed that the total weight of the checked baggage does not exceed the applicable free baggage allowance for the class of carriage concerned. If passengers complete a special declaration of higher value at check-in and pay the applicable fee, our liability shall be limited to the higher declared value.

11.3.7 To the extent permitted by the law, unless taking action or taking no action with the actual knowledge that damages would probably result, the Carrier shall have the limited liability for damages to other checked baggage, provided that the applicable law specify different limitations of liability, such differences may also apply.

11.4 No service for transition flights

11.4.1 Hai Au Aviation provides transition flights (point-to-point) for passengers but not baggage. Upon reservation, passengers are responsible for appropriate time and procedures to receive and re-check their baggage.

11.4.2 Hai Au Aviation tries to carry passengers and baggage in time and date predefined; however, the Carrier does not always guarantee to meet this requirement. Flight schedules can change due to many reasons including bad weather, air traffic control, strikes, technical problems, late-coming aircrafts. To the extent permitted by law, Hai Au Aviation disclaims all responsibilities for any costs, expenses, losses or damages of the passengers due to the delays or changes of the predefined schedule including, missing any connecting flight or other transportation arrangement.

ARTICLE 12 - REPRESENTATION AND COMPLAINTS PROCEDURE

12.1 Representation of complaints

12.1.1 Passengers have valid baggage identification tag to receive baggage and do not have any complaints at the time baggage is transferred to passengers is the sufficient evidence to prove that the baggage has been carried in a good state and consistent with the terms of the Conditions of Carriage, unless passengers clearly prove otherwise.

12.1.2 If passengers want to claim the damages of the checked baggage, passengers should notify the Carrier no later than seven (07) days from the date on which the baggage should be delivered to passengers. If passengers wish to claim compensation for delay of checked baggage, passengers should notify the Carrier no later than twenty one (21) days from the date of the baggage is placed at your disposal.

12.1.3 All complaints must be in writing and sent by post or delivered to the Carrier within the terms above.

12.2 The complaints procedure about Baggage

12.2.1 All complaints of damages for baggage should enclose a list of objects with the description of damages as well as the authentication that passengers are the owners or have bought such objects.

12.2.2 In the event of requiring the compensation related to Baggage's physical damages, passengers must hold baggage, or if Hai Au Aviation requires, must let Hai Au Aviation check and assess the level of damages and find out remedies.

12.2.3 If passengers claim for the cost of replacing one of the items in the complaint list of physical damages, passengers should discuss with Hai Au Aviation before bearing any fee other than compensation provisions of Hai Au Aviation.

12.2.4 With all complaints for baggage’s damages, passengers should provide any information that the Carrier requires to assess the reasonable level of the complaint and the applicable compensation value.

12.2.5 If the carrier requires, passenger must confirm the payment accurately before the carrier compensates.

Any breaching provisions are adverse to any compensation passengers entitled.

ARTICLE 13 – DISPUTE RESOLUTION

13.1 The Conditions of Carriage and any carriage of the Carrier to passengers (relating to passengers and passenger’s baggage) will be governed by Vietnamese law.

13.2 Customers may claim on any arising problems to the ground service staff of Hai Au Aviation. If the complaints are not resolved completely, the Customers may appeal to the Commercial Director and the highest level - the General Manager of Hai Au Aviation.

13.3 All arising disputes between passengers and the Carrier related to or from the carriage, which cannot be explained, negotiated, or mediated in any method, shall be settled under the jurisdiction of Vietnamese Courts.

13.4 Unless otherwise specified in law, passengers shall not be entitled to claim for damages if not following the complaining procedure at Court within two years from:

- The day when passengers arrive at the destination;

- The day when the aircraft should have reached the destination; or

- The day when the carriage is terminated.

ARTICLE 14 - MODIFICATION AND WAIVER

None of our Agents, employees or representatives has authority to alter, modify or waive any provision of these Conditions of Carriage.

 

 

Contact Us

For online bookings:

Hotline: +84 (0) 962 069 689 (Open 8am - 8pm GMT +7)
Email: online.sales@haiauaviation.com

For Agents bookings:

Hotline: +84 (0) 962 960 689 (Open 8am - 8pm GMT +7)
Tel: (+84 24) 3943 9966
Fax: (+84 24) 3943 2299
Email: rsvn@haiauaviation.com

For media contact:

Email: vantrang.pham@tmgroup.vn

For job opportunities:

Email: nhanh@tmgroup.vn

 

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+84 (0) 962 069 689

       

 

Visit Us

Hai Au Aviation

Floor 11, 70-72 Ba Trieu Street, Hoan Kiem District, Hanoi, Vietnam.

Noi Bai Airport: Counter E09, Lobby E, Terminal 1, Noi Bai International Airport, Hanoi, Vietnam

Tuan Chau Marine: No T7 Tuan Chau Commercial Urban Area, Tuan Chau Ward, Halong City, Quang Ninh Province, Vietnam.