As you read these Terms and Conditions of Carriage, the following expressions mean:
WE, OUR and OURSELVES refer to Air Cambodia Co., Ltd, “The National Flag Carrier”.
YOU, YOUR and YOURSELF refer to any person holding a ticket who is to be carried or is carried on an aircraft except members of the crew or, in relation to ticket refunds, the person who paid for the ticket (see also definition for Passenger).
AGREED STOPPING PLACES refer to those places, except the place of departure and the place of destination, set out in the Ticket or shown in our timetables as scheduled stopping places on your route.
AIR CARRIAGE refers to the carriage of a Passenger and their Baggage on an aircraft.
AIRLINE DESIGNATOR CODE is the letter and number code that identifies a particular Carrier.
AUTHORISED AGENT refers to a passenger sales agent appointed to represent us in selling air transportation on our services.
BAGGAGE refers to your personal property accompanying you on your flight, which, unless stated otherwise, consists of your Checked and Unchecked Baggage.
BAGGAGE CHECK refers to the parts of your Ticket related to carrying your Checked Baggage.
BAGGAGE IDENTIFICATION TAG refers to a document given to you to identify each piece of your Checked Baggage.
CARRIER refers to an air carrier that carries or undertakes to carry the passenger and/or their baggage or performs or undertakes to perform any other service related to such air carriage.
CHECKED BAGGAGE refers to baggage that we have taken into our custody and for which we have issued a Baggage Identification Tag and/or Baggage Check, and that travels in the hold of the aircraft.
CODE (ICAO/IATA): KHV/K6
TERMS & CONDITIONS OF CARRIAGE refers to these terms & conditions of carriage or another Carrier's conditions of carriage, as applicable.
CONJUNCTION TICKET refers to a ticket issued in conjunction with another ticket, which together make up a single contract of carriage.
CONVENTION refers to the Law on Civil Aviation of the Kingdom of Cambodia, January 19th, 2008, or whichever of the following instruments are applicable:
DAMAGE refers to death, injury, delay, loss, partial loss, or other damage of any nature arising out of or in connection with carriage or other incidental services that we perform.
DAYS refers to calendar days. For the purpose of notification or sending notices, we will not count the day on which the notice is sent. For the purposes of deciding whether a Ticket is valid, we will not count the day on which the Ticket was issued or when the first flight began.
ELECTRONIC COUPON refers to an electronic Flight Coupon for an Electronic Ticket held in our computer database.
ELECTRONIC TICKET refers to an Itinerary/Receipt, Electronic Coupon, and boarding document we have issued to you.
FLIGHT COUPON refers to the part of your Ticket that has the words "Good for Passage" printed on it and shows the places of departure and destination between which you are entitled to be carried.
FORCE MAJEURE refers to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided despite all reasonable due care and attention being exercised.
ITINERARY/RECEIPT refers to a document or documents forming part of the Electronic Ticket which includes a reference code and/or documents we issue to a Passenger, showing the Passenger's name, flight information, and notices required under the Convention or as otherwise required.
OPERATING CARRIER refers to the carrier that actually operates the flight.
PASSENGER refers to any person, except members of the crew, carried or to be carried in an aircraft with our consent pursuant to a Ticket.
REGULATIONS refers to our terms and conditions, other than these Conditions of Carriage, published by us and in effect on the date of ticket issue, governing carriage of passengers and/or baggage. A copy of the relevant terms & conditions may be viewed or obtained from https://www.aircambodia.com/
STOPOVER refers to a scheduled stop on your journey at a point between the place of departure and the place of destination, which has been agreed in advance by us.
TICKET refers to either a document called "Passenger ticket and Baggage Check" including its itinerary/receipt if applicable, or an Electronic Ticket which we or our Authorised Agents have issued to you.
TRANSIT PASSENGER refers to a passenger arriving at an airport for onward travel to another country on the same flight from that airport, or on a connecting flight from that airport, or on another onward flight from that airport.
UNCHECKED BAGGAGE refers to your Baggage other than your Checked Baggage, which you take with you on the aircraft in accordance with our Regulations.
2.1 CHARTERS
If carriage is performed pursuant to a charter agreement, these Terms & Conditions of Carriage shall apply only to the extent provided in the charter agreement and the charter ticket. Where there are no charter regulations applicable, these Terms & Conditions of Carriage shall apply to such Carriage in so far as they are not excluded by or inconsistent with the terms of the charter agreement and the charter ticket. By accepting the carriage pursuant to a charter agreement, whether or not concluded with the passenger, the passenger agrees to be bound by the applicable provisions of such agreement.
2.2 CODESHARES
2.2.1
On some services we have arrangements with other Carriers known as "Codeshares". This means that even if you have a reservation with us and hold a Ticket where our name or Airline Designator Code is indicated as the Carrier, another Carrier may operate the aircraft.
2.2.2
If in case of a Codeshare flight we are indicated as the carrier operating the flight, these Conditions of Carriage also apply to such transportation. If such arrangements apply we will advise you of the Carrier operating the aircraft at the time you make a reservation.
2.2.3
For Codeshare services on flights operated by another carrier, we are responsible for the entirety of the Codeshare journey for all obligations to Passengers established in these rules. However, each Codeshare partner has rules with respect to the operation of its own flights, which may differ from our rules for flights operated by us. Those rules are incorporated herein by reference and form a part of these Conditions of Carriage:
For the rules and regulations of our Codeshare partners, we refer you to their websites or your travel agency.
2.2.4
You should review the rules for flights operated by another carrier under a Codeshare agreement and familiarize yourself with such things as flight check-in requirements and policies regarding unaccompanied minors, carriage of animals, refusal to transport, oxygen services, irregular operations, denied boarding compensation and baggage acceptance, among others.
2.3 OVERRIDING LAW
The governing laws of these conditions of carriage are Cambodian laws. In regard to international carriage pursuant to the Convention, the regulations of the Convention shall apply.
Insofar as any regulations contained in these conditions may be contrary to the regulations of Cambodian laws and the Convention, the regulations of Cambodian laws and the Convention shall prevail.
2.4 TERMS AND CONDITIONS OF CARRIAGE PREVAIL OVER REGULATIONS
Except as provided in these Terms & Conditions of Carriage, in the event of inconsistency between these Terms & Conditions of Carriage and our Regulations, these Conditions of Carriage will apply.
3.1 TICKET AS PRINCIPAL EVIDENCE OF CONTRACT
3.1.1 The Ticket constitutes prima facie evidence of the contract of carriage between us and the Passenger named on the Ticket. We will provide carriage only to the Passenger named on a Ticket, and you may be required to produce appropriate identification.
3.1.2 Identification of Passengers: We will require you to produce appropriate identification to prove you are the Passenger named in the Ticket before allowing you to board our flight.
3.1.3 Valid Ticket Required for Carriage: Except in the case of an Electronic Ticket or unless authorised in writing by us, you shall not be entitled to be carried on a flight unless you present us with a Ticket that is valid and has been duly issued in accordance with our Regulations. The Ticket must contain the Flight Coupon for that flight, all other unused Flight Coupons and the Passenger Coupon. In addition, you shall not be entitled to be carried if the Ticket presented is mutilated or if it has been altered by anyone other than us or our Authorised Agent.
3.1.4 In the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you provide positive identification and an Itinerary/Receipt which is valid and duly issued in accordance with our Regulations and contained in our database.
3.1.5 Loss or Mutilation of Your Ticket: If your Ticket (or any part of it) is lost or mutilated, or you do not present a Ticket containing the Passenger Coupon and all unused Flight Coupons, the issuing Carrier may at the Passenger's request and subject to the Carrier's Regulations replace the Ticket (or any part of it) by issuing a new Ticket, on proof satisfactory to the Carrier, that a Ticket valid for the flight(s) in question was duly issued, and the Passenger agrees to such form as may be prescribed by the Carrier to pay any costs and losses reasonably incurred by us or the other Carrier resulting from the misuse of the Ticket. The issuing Carrier may require you to pay up to the full Ticket price for a replacement Ticket, subject to refund if and when the issuing Carrier is satisfied that a Ticket was issued, paid for and not used before the expiry of its validity. The issuing Carrier may levy a reasonable administration charge for replacing the Ticket in accordance with the Regulations. A Ticket is valuable and you should take appropriate measures to safeguard it and ensure it is not lost or stolen.
3.1.6 Ticket not Transferable: A ticket is issued to you personally and is not transferable. You must not give it to anyone else to use.
3.2. PERIOD OF VALIDITY
3.2.1 Except as otherwise provided in the Ticket, these Terms and Conditions of Carriage or our regulations, or in any tariffs which apply to your Ticket, your Ticket is valid for:
(a) one year from the date it was issued; or
(b) one year from the date you first travelled using the Ticket, as long as your first flight took place within a year of the ticket being issued.
3.2.2 Extension of Validity: We will extend the validity of your Ticket for a period of three months from the date it expires if you are prevented from travelling within the period of validity of the Ticket for any of the following reasons:
(a) we cancel the flight on which you hold a reservation;
(b) we omit a scheduled stop, being your place of departure, place of destination or a Stopover;
(c) we fail to operate a flight reasonably according to schedule;
(d) we cause you to miss a connection;
(e) we substitute a different class of service; or
(f) we are unable to provide previously confirmed space.
3.2.3 When you are prevented from travelling within the period of validity of the Ticket because at the time you request a reservation we are unable to provide space on the flight; the validity of such Ticket will not be extended unless otherwise provided in our regulations.
3.2.4 If after commencing your journey, you are prevented from travelling within the period of validity of the Ticket because of illness, we will extend the validity of your Ticket until the date when you become fit to travel according to a medical certificate, or until our first flight after such date from the point where the journey is resumed on which space is available in the class of service for which the fare has been paid (provided such extension is not precluded by our regulations applicable to the fare paid by you).
3.2.5 In the event of your death during your journey, the Tickets of the persons accompanying you may be modified by waiving any minimum stay requirement or extending the validity. In the event of a death in your immediate family once you have commenced your journey, the validity of your Tickets and those of your immediate family accompanying you may be likewise modified. Any such modification shall be made upon receipt of a proper death certificate and any extension of validity shall not be for a period longer than forty-five (45) Days from the date of the death.
3.3. COUPON SEQUENCE AND USE
3.3.1 The Ticket you have purchased is valid only for the transportation as shown on the Ticket, from the place of departure via any Agreed Stopping Places to the final destination. The fare you have paid is based upon our Tariff and is for the transportation as shown on the Ticket. It forms an essential part of our contract with you. The Ticket will not be honoured and will lose its validity if all the Coupons are not used in the sequence provided in the Ticket. In addition, the Ticket shall be used entirely.
3.3.2 Should you wish to change any aspect of your transportation you must contact us in advance. The fare for your new transportation will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as ticketed. Should you be required to change any aspect of your transportation due to Force Majeure, you must contact us as soon as practicable and we will use reasonable efforts to transport you to your next Stopover or final destination, without recalculation of the fare.
3.3.3 Should you change your transportation without our agreement, we will assess the correct price for your actual travel. You will have to pay any difference between the price you have paid and the total price applicable for your revised transportation. We will refund you the difference if the new price is lower but otherwise, your unused Coupons have no value.
3.3.4 Please be aware that while some types of changes will not result in a change of fare, others, such as changing the place of departure (for example, if you do not fly the first segment) or reversing the direction you travel, can result in an increase in price. Many special fares are valid only on the dates and for the flights shown on the Ticket and may not be changed at all, or only upon payment of an additional fee.
3.3.5 Each Flight Coupon contained in your Ticket will be accepted for transportation in the class of service on the date and flight for which space has been reserved. When a Ticket is originally issued without a reservation being specified, space may be later reserved subject to our Tariff and the availability of space on the flight requested.
3.3.6 Please be advised that in the event you do not show up for any flight without advising us in advance, we may cancel your return or onward reservations. However, if you do advise us in advance, we will not cancel your subsequent flight reservations.
3.4. NAME AND ADDRESS OF CARRIER
Our name may be abbreviated to our Airline Designator Code, or otherwise, in the Ticket. Our address is Air Cambodia, Head Office, 206A, Norodom Boulevard, Tonlebassac, Khan Chamkarmorn, Phnom Penh 12300, Kingdom of Cambodia.
Stopovers may be permitted at agreed stopping places only if arranged with the Carrier in advance and provided for in the Ticket. They are subject to government requirements, these Conditions, Carrier's Regulations, and Carrier's timetables. Additional charges for stopovers will be payable as provided in these Conditions and/or Carrier's Regulations.
5.1. FARES
Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise expressly stated. Fares do not include ground transport service between airports and between airports and town terminals. Your fare will be calculated in accordance with our Tariff in effect on the date of payment of your ticket for travel on the specific dates and itinerary shown on it. Should you change your itinerary or dates of travel, this may impact the fare to be paid. Should the ticket not be paid at the time of reservation, the date of payment shall be deemed the date on which you have agreed with us on the method of payment.
5.2. TAXES, FEES AND CHARGES
Applicable taxes, fees, and charges imposed by government or other authority, or by the operator of an airport, shall be payable by you. At the time you purchase your Ticket, you will be advised of all applicable taxes, fees, and charges not included in the fare, most of which will normally be shown separately on the Ticket. The taxes, fees, and charges imposed on air travel are constantly changing and can be imposed after the date of Ticket issuance. If there is an increase in a tax, fee, or charge shown on the Ticket, you will be obliged to pay it. Likewise, if a new tax, fee, or charge is imposed even after Ticket issuance, you will be obliged to pay it. Similarly, in the event any taxes, fees, or charges which you have paid to us at the time of Ticket issuance are abolished or reduced such that they no longer apply to you, or a lesser amount is due, you will be entitled to claim a refund. We reserve the right to charge a reasonable administration fee for such refund.
5.2.1
Both Carrier and Non-Carrier Imposed Surcharges shall be payable by your own expenses.
5.3. CURRENCY
Fares, taxes, fees, and charges are payable in the currency of the country in which the Ticket is issued, unless another currency is indicated by us or our Authorised Agent at or before the time payment is made (for example, because of the non-convertibility of the local currency). We may at our discretion, accept payment in another currency.
6.1 RESERVATION REQUIREMENTS
6.1.1
We or our Authorised Agent will record your reservation(s). Upon request we will provide you with written confirmation of your reservation(s).
6.1.2
Certain fares have conditions which limit or exclude your right to change or cancel reservations.
6.2 TICKETING TIME LIMITS
If you have not paid for your ticket prior to the deadline we or our Authorised Agents have set, we will cancel your reservation.
6.3 USE OF PERSONAL INFORMATION
You recognise that personal data given to us will be in accordance with our Privacy Policy for the purposes of making a reservation, purchasing a Ticket, obtaining ancillary services, developing and providing services, facilitating immigration and entry procedures, and making available such data to government agencies, in connection with your travel. For these purposes, you authorise us to retain and use such data and to transmit it to our offices, Authorised Agents, government agencies, other carriers, or the providers of the above-mentioned services.
6.4 SEATING SELECTION
Carrier does not guarantee any specific seat on the aircraft. The Passenger agrees to accept any seat allotted in the class of service for which the Ticket was issued. Passengers who have purchased specific seats are advised that such seats may not be available and that K6 reserves the right to allocate another seat within the same cabin.
6.5 SERVICE CHARGE WHEN SPACE NOT OCCUPIED
Except for non-refundable fares, you may be required to pay a service charge if you fail to use reserved space or cancel within the prescribed time limits.
6.6 RECONFIRMATION OF RESERVATIONS
6.6.1
Onward or return reservations may require reconfirmation within specified time limits. We will advise you if reconfirmation is needed. If you fail to reconfirm, we may cancel your onward or return reservations. However, if space is available, we will reinstate your reservations and transport you.
6.6.2
Check reconfirmation requirements with other carriers involved in your journey. You must reconfirm with the carrier listed on your ticket for the flight in question.
6.7 CANCELLATION OF ONWARD RESERVATION MADE BY CARRIER
If you do not show up for a flight without prior notice, we may cancel your return or onward reservations. If you notify us in advance, we will not cancel subsequent flight reservations.
6.8 PASSENGERS REQUIRING ADVANCE ARRANGEMENTS
6.8.1
Passengers with disabilities may request advance arrangements.
6.8.2
We may require that you travel with an attendant for safety reasons if you cannot evacuate the aircraft or understand safety instructions during the flight.
6.8.3
We reserve the right to refuse carriage of any passenger who must travel on a stretcher.
6.8.4
We may decide not to carry unaccompanied children, pregnant women, or ill passengers if proper arrangements have not been made before check-in.
7.1 Check-in Deadlines
Check-in deadlines vary at every airport and your journey will be smoother if you allow yourself sufficient time to check-in. Please find out the check-in deadlines for your flight before you travel and keep to them. We may also tell you a time by which you must present yourself for check-in.
7.2 Failure to Check-in
If you do not complete the check-in process by the check-in deadline, we may decide to cancel your reservation and not carry you. By completing the check-in process, we mean that you have received your boarding pass for your flight.
7.3 Boarding Gate
You must be present at the boarding gate no later than the time we give you when you check in. We may decide not to carry you if you fail to arrive at the boarding gate on time.
7.4 Liability for Failure to Check-in
We will not be liable to you for any loss or expense you suffer if you fail to meet check-in deadlines, fail to present yourself for check-in on time, or fail to be at the boarding gate on time.
7.5 No Delay for Late Check-in
We will not delay the departure of our flight if you do not check-in or board in time.
8.1 OUR RIGHT TO REFUSE CARRIAGE
In the reasonable exercise of our discretion, we may refuse to carry you or your Baggage if we have notified you in any means such as email, message that we would not at any time after the date of such notice carry you on our flights. In this circumstance, you will be entitled to a refund. We may also refuse to carry you or your Baggage if one or more of the following have occurred or we reasonably believe may occur:
8.1.1 If carrying you would be contrary to government laws, regulations or orders, or if the immigration authority for the country you are travelling to, or for a country in which you have a stopover, has told us (either orally or in writing) that it has decided not to allow you to enter that country, even if you have, or appear to have, valid travel documents.
8.1.2 If carrying you or your Baggage may put the safety of the aircraft or the safety or health of any person in the aircraft in danger.
8.1.3 If carrying you or your Baggage may affect the comfort of any person in the aircraft.
8.1.4 If you are drunk or under the influence of drink or drugs.
8.1.5 If your mental or physical state is a danger or risk to you, the aircraft or any person in it.
8.1.6 If you have not obeyed the instructions of our ground staff or a member of the crew of the aircraft relating to safety or security.
8.1.7 If you refuse to submit to a security check to be carried out on you or your Baggage.
8.1.8 If the applicable fare or any charges or taxes payable have not been paid, or credit arrangements agreed between us and yourself (or the person paying for the Ticket) has not been complied with.
8.1.9 If you do not appear to have proper documents for your journey.
8.1.10 If you are not properly or are objectionably attired.
8.1.11 If you have used threatening, abusive or insulting words towards our ground staff or another passenger or a member of the crew of the aircraft.
8.1.12 If you have behaved in a threatening, abusive, insulting or disorderly way towards a member of our ground staff or a member of the crew of the aircraft.
8.1.13 If you have deliberately interfered with a member of the crew of the aircraft carrying out their duties.
8.1.14 If you have put the safety of either the aircraft or any person in it in danger.
8.1.15 If you have made a hoax bomb or other security threat.
8.1.16 If you have committed a criminal offence during the check-in or boarding processes or on board the aircraft.
8.1.17 If you ask the relevant government authorities for permission to enter a country in which you have landed as a transit passenger.
8.1.18 If you have not presented a valid ticket.
8.1.19 If you destroy your travel documents during flight.
8.1.20 If you refuse to surrender travel documents to us for examination or photocopying or to be held by the flight crew, against receipt, when we so request.
8.1.21 If the ticket you present:
8.1.22 If you cannot prove that you are the person named on the Ticket.
8.1.23 If you have failed to complete the check-in process by the check-in deadline.
8.1.24 If you have failed to arrive at the boarding gate on time.
8.1.25 If you have behaved in a way mentioned above on or in connection with a previous flight and we reasonably believe that you may repeat this behaviour.
8.2 LIMITATIONS ON OUR OBLIGATION TO PROVIDE CARRIAGE
8.2.1 We will not carry unaccompanied children, incapacitated persons, pregnant women or persons with illness unless prior arrangements have been made with us in accordance with our Regulations.
8.2.2 If we believe that the aircraft weight limitations or seating capacity may be exceeded, we will decide in our reasonable discretion which Passengers or Baggage shall be carried.
8.3 CONSEQUENCES OF REFUSAL TO CARRY
8.3.1 If we have refused to carry you, or removed you from a flight as provided in Article 8.1, we may cancel the remaining unused portion of your Ticket and you will not be entitled to further carriage or to a refund either for the sector that is the subject of the refusal of carriage or removal, or any subsequent sectors covered by the Ticket.
8.3.2 We will not be liable for any consequential or incidental loss or damage due to any such refusal to carry or removal en-route and we shall be entitled to recover from you all direct and indirect costs we incur as a result of such refusal or removal including the costs of diverting our flight.
9.1. Free Baggage Allowance
You are allowed to carry certain baggage free of charge, subject to our conditions and limitations, as outlined on our official website.
9.2. Excess Baggage
If your baggage exceeds the free allowance, you will need to pay an additional charge. These rates are available on our official website.
9.3. Items Unacceptable as Baggage
9.3.1. You must not include the following in your baggage:
9.3.2. Firearms and Ammunition
9.3.3. Weapons
9.3.4. Valuable Items
9.3.5. Liability for Damage
9.3.6. Property Damage
9.4. Right to Refuse Carriage
9.5. Our Right to Require a Search
9.6. Checked Baggage
9.7. Unchecked Baggage
9.8. Free Baggage Allowance
You may carry some baggage free of charge, subject to the conditions and limitations stated in your ticket. Further details are available on our website and at local branches.
9.9. Excess Baggage
If your baggage exceeds the free baggage allowance, you will be required to pay a charge, as disclosed on our website and at local branches.
9.10. Excess Value Declarations and Charges
You may declare a value for checked baggage above the applicable convention liability limits. If you do so, you will be required to pay additional charges, as specified in our regulations.
9.11. Collection and Delivery of Baggage
9.12. Items Removed by Airport Security
We are not liable for any damage to items removed by airport security personnel in accordance with government regulations, even if these items are handed over to us.
10.1 SCHEDULES
We undertake to use our best efforts to carry you and your Baggage with reasonable dispatch. Although we undertake to use our best efforts to adhere to our timetables and published schedules, we do not guarantee that your flight will depart and arrive at the times set forth in our timetables and schedules. Furthermore, our timetables and published schedules shall form no part of your contract with us. If you provide us with sufficient contact information, we will endeavour to let you know about any changes or retiming of schedules.
10.2 DELAY AND CANCELLATION
10.2.1 In the event of a change in the status of a flight where there is a cancellation or delay of thirty minutes or more in the scheduled operation of the flight or a diversion, we (K6) shall inform you of such schedule of change in flight status.
10.2.2 If we (K6) cancel or delay a flight, are unable to provide previously confirmed space, fail to stop at your Stopover or destination point, or cause you to miss a connecting flight on which you hold a reservation, except as otherwise provided by the Convention or the Code, we may elect one of the following options with due consideration to your reasonable interests:
10.2.3 In the event your flight is cancelled or delayed due to causes beyond our control such as, but not limited to, force majeure, war, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcoming or strikes, we will not be liable to you and shall be under no immediate obligation to comply with Article 10.2.2 although we shall make reasonable efforts to assist you as best as we can in the prevailing circumstances.
10.3 SUBSTITUTION OF CARRIER/AIRCRAFT
We reserve the right to substitute an alternative Carrier and/or aircraft.
10.4 DENIED BOARDING
If we are unable to provide previously confirmed space, we shall compensate and assist Passengers with the First Schedule of the Code, where applicable.
11.1 GENERAL
11.1.1 If we fail to provide carriage in accordance with the contract of carriage, or if you choose not to use your ticket, we will refund the unused ticket or any unused portion in accordance with this as set out in the fare rules and conditions applicable to your ticket.
11.1.2 Not all Tickets qualify for refund. Carrier’s Regulations provide information as to which Tickets so qualify.
11.2 INVOLUNTARY REFUNDS
11.2.1 If we cancel a flight, fail to operate a flight reasonably according to schedule, fail to stop at your destination or Stopover, or cause you to miss a connecting flight on which you hold a reservation, the amount of the refund shall be:
11.2.1.1 if no portion of the Ticket has been used, an amount equal to the fare paid;
11.2.1.2 if a portion of the Ticket has been used, the refund will be not less than the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used.
11.3 VOLUNTARY REFUNDS
11.3.1 If you are entitled to a refund of your Ticket for reasons other than those set out in article 11.2, the amount of the refund shall be:
11.3.1.1 if no portion of the Ticket has been used, an amount equal to the fare paid, less any reasonable service charges or cancellation fees;
11.3.1.2 if a portion of the Ticket has been used, the refund will be an amount equal to the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used, less any reasonable service charges or cancellation fees.
11.4 REFUND ON LOST TICKET
11.4.1 If you lose your Ticket or portion of it, upon furnishing us with satisfactory proof of the loss, and payment of a reasonable administration charge, refund will be made as soon as practicable after the expiry of the validity period of the Ticket, on condition such as:
11.4.1.1 that the lost Ticket, or portion of it, has not been used, previously refunded or replaced (except where the use, refund or replacement by or to a third party resulted from our own negligence).
11.4.1.2 that the person to whom the refund is made undertakes, in such form as may be prescribed by us, to repay to us the amount refunded in the event of fraud and/or to the extent that the lost Ticket or portion of it is used by a third party (except where any fraud or use by a third party resulted from our own negligence).
11.4.1.3 If we or our Authorised Agent lose the Ticket or a portion of it, the loss shall be our responsibility.
11.5 OUR RIGHT TO REFUSE REFUND
11.5.1 We may refuse a refund where application is made after the expiry of the validity of the Ticket.
11.5.2 We may refuse a refund on a Ticket which has been presented to us, or to Government officials, as evidence of intention to depart from that country, unless you establish to our satisfaction that you have permission to remain in the country or that you will depart from that country by another carrier or another means of transport.
11.6 CURRENCY OF REFUND
All refunds will be subject to government laws, rules and regulations or orders of the country in which the ticket was originally purchased and of the country in which the refund is being made. Subject to the foregoing provision, we reserve the right to make a refund in the same manner and the same currency used to pay for the Ticket.
11.7 PERSONS AUTHORISED TO MAKE REFUNDS
Voluntary refunds will be made only by the Carrier which originally issued the Ticket or by its Authorised Agent.
12.1 UNACCEPTABLE CONDUCT ON BOARD AIRCRAFT
If, in our reasonable opinion, you conduct yourself aboard the aircraft so as to endanger the aircraft or any person or theft/theft property on board, or obstruct the crew in the performance of their duties, or fail to comply with any instructions of the crew including but not limited to those with respect to smoking, alcohol or drug consumption, or behave in a manner which causes discomfort, inconvenience, damage or injury to other passengers or the crew, we may take such measures as we deem reasonably necessary to prevent continuation of such conduct, including restraint. You may be disembarked and refused onward carriage at any point, and may be prosecuted for offences committed on board the aircraft.
12.2 GENERAL INDEMNITY
If you conduct yourself in a manner described in Article 12.1 above, you will indemnify us for all Damage suffered by us, our agents, employees, independent contractors, passengers and any third party arising from your misconduct.
12.3 ELECTRONIC DEVICES
For safety reasons, you may not operate onboard the aircraft portable recorders, radios, television sets, electronic games, personal cellular telephones or other transmitting devices including remote controlled toys and walkie-talkies. You may not operate any other electronic devices, including compact disc players, laptop computers, audio or video recorders, electric shavers on board without our permission, except for hearing aids and heart pacemakers.
12.4 FAILURE TO COMPLY
If you do not comply with Article 12.3, we may take and retain such electronic devices until the termination of your flight or until such other time as we consider appropriate.
If we make arrangements for you with any third party to provide any services other than carriage by air, or if we issue a Ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party such as hotel reservations or car rental, we act only as agent for such third party, whose terms and conditions will apply and we shall have no liability to you for any Damage you may incur as a result of these services.
14.1 GENERAL
It is your responsibility to comply with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or over, and with our Regulations and instructions. We will not be liable for any Damage you incur as a result of aid or information provided by our employees or agents regarding such laws, regulations, orders, demands, and requirements, whether given in writing or otherwise. Nor shall we be liable for any Damage you incur as a result of your failure to comply with such laws, regulations, orders, demands, requirements, our Regulations or instructions.
14.2 TRAVEL DOCUMENTS
You must present us with all exit, entry, health and other documents required by the laws, regulations, orders, demands or requirements of the countries concerned, and permit us to take and retain copies of those documents. We reserve the right to refuse you carriage if you have not complied with applicable laws, regulations, orders, demands or requirements, if your documents do not appear to be in order, or if you do not permit us to take and retain copies of those documents.
14.3 REFUSAL OF ENTRY
If we are required by government order to return you to your point or country of origin, because you are denied entry, you agree to pay the applicable fare. We may apply to the payment of such fare any funds paid to us for unused carriage, or any of your funds in our possession. We will not refund the fare collected for carriage to the point of refusal or entry or deportation.
14.4 PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS
If we are required to pay or deposit any fine or penalty or to incur any expense by reason of your failure to comply with laws, regulations, orders, demands and travel requirements of any country or your failure to produce required documents, you must reimburse us on demand any amount so paid or deposited and any expense we incur. We may apply any funds paid to us for unused carriage, or any of your funds in our possession to satisfy the amount owing.
14.5 CUSTOMS OR OTHER OFFICIAL INSPECTION
If required, you shall attend the inspection of your Baggage by customs or other government officials. We are not liable to you for any Damages you may incur as a result of the inspection.
14.6 SECURITY INSPECTION
You must submit to any security checks required by government agencies, airport officials, other Carriers, or us.
If Carriage is to be performed by several successive Carriers under one Ticket, or under a Conjunction Ticket, the carriage will be regarded as a single operation for the purposes of the Convention.
16.1 APPLICABILITY
The liability of each carrier involved in your journey will be determined by its own conditions of carriage. Our liability provisions are as follows:
16.1.1 Where your carriage is not subject to the liability rules of the Convention, the following rules shall apply:
16.1.1(a) Death of or Injury to Passengers.
Our liability for damages sustained in the event of death, wounding or any other bodily injury by a Passenger in the event of an accident shall not be subject to any financial limit, be it defined by law, convention or contract. Any damages up to the sum of the equivalent USD 75,000 inclusive of legal fees and cost except that in case of a claim brought in a state where provision is made for separate award of legal fees and cost, the limit shall be sum of USD 58,000 exclusive of legal fees and cost, we shall not exclude or limit our liability by proving that we and our agents have taken all necessary measures to avoid the damage or that it was impossible for us or our agents to take such measures.
Notwithstanding the provisions of the previous paragraph, if we prove that (a) such damage was not due to the negligence or other wrongful act or omission of or our servants or agents; or (b) such damage was solely due to the negligence or other wrongful act or omission of a third party, we may be exonerated wholly or partly from our liability in accordance with applicable law. 16.1.1(b) Advance Payments
In the event of your death, wounding or other bodily injury in the course of carriage performed by us, we shall make advance payments to the person entitled to compensation as may be required to meet immediate economic needs on a basic proportional to the hardship suffered. Any such advance payment shall not constitute admission of liability and may be offset against any subsequent sums paid by us, it only returnable if the damage was caused by, or contributed to by, your negligence or the negligence of the person who received the payment, or the person to whom the payment was made was not the person entitled to compensation.
16.1.1 (c) Destruction, loss or other Damage to Baggage and Baggage delays.
In the case of Checked Baggage, we are liable even if not at fault, unless the Baggage was defective, In the case of Uncheck Baggage, we are liable only if at fault, in case of Baggage delay, we are liable for Damage unless we took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability in the case of destruction, loss or other Damage to Baggage or Baggage delay is limited to USD 20 per kilogram and in case of damage to unchecked baggage, USD 400 per Passenger.
16.1.1 (e) Flight delays
In the event of a flight cancellation or delay, and if the Passenger has a contact number, email address or emergency contact in their booking record, the Carrier will implement all the provisions of the relevant applicable regulations.
16.1.2 Other terms and disclaimers;
16.1.2 (a) Any liability we have for Damage, will be reduced by any negligence on your part which causes or contributes to the Damage in accordance with applicable law.
16.1.2 (b) We will be liable only for Damage occurring during carriage on flights or flight segments where our Airline Designator Code appears in the carrier box of the Ticket for that flight segment. If we issue a Ticket or if we check baggage for carriage on another Carrier, we do so only as agent for the other Carrier. Nevertheless, with respect to Checked Baggage, you may make a claim against the first or last carrier or against the carrier performing the carriage during which the damage took place.
16.1.2(c) We are not liable for any Damage arising from our compliance with or your failure to comply with applicable laws or Government rules and regulations.
16.1.2(d) Except where other specific provision is made in these Conditions of Carriage, we shall be liable to you only for recoverable compensatory damages for proven losses and, to the extent permitted by applicable law, you agree that we shall not be liable for indirect, consequential, or any other form of non-compensatory damages.
16.1.2 (e) We are not liable for any Damage caused by your Baggage. You shall be responsible for any Damage caused by your Baggage to other persons or property, including our property.
16.1.2 (f) You must not pack in your Checked Baggage articles not permitted to be contained in Checked Baggage under Article 9.3, including fragile or perishable items, items having a special value or personal essential items, such as money, jewellery precious metals, computers, cameras, cellular telephones, personal electronic devices, musical instruments, glasses/sunglasses, keys, medicines, negotiable papers, securities, or other valuables, share certificates, bonds and other valuable documents, business documents, passports and other identification documents, or samples. Your right to recover damages for their destruction, loss or other Damage will be limited under the applicable Convention.
16.1.2 (g) We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
16.1.2 (h) The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our Authorised Agents, servants, employees and representatives to the same extent as it applies to us. The total amount recoverable from us and from such Authorised Agents, employees, representatives and persons shall not exceed the amount of our own liability, if any.
16.1.2 (i) Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability or any defence available to us under the Convention or applicable laws unless otherwise expressly stated.
16.2 WARSAW CONVENTION AND MONTREAL CONVENTION
Unless otherwise stated herein, international carriage, as defined in the Convention, is subject to the liability rules of the Convention.
17.1 NOTICE OF CLAIMS
Any action for Damage to Checked Baggage will be barred unless the person entitled to its delivery complains to us immediately after the discovery of the Damage, and, at the latest, within seven (7) Days from the date of receipt. In the case of delay, any action for Damage will be barred unless the complaint is made at the latest within twenty-one (21) Days from the date on which the Baggage has been placed at your disposal. Every complaint must be made in writing and sent to us within the times specified above.
17.2 LIMITATION OF ACTIONS
Any right to recover damages from us will be extinguished if an action is not brought within two (2) years from the date of arrival at the destination, or the date on which the aircraft ought to have arrived, or the date on which the carriage stopped. The period of limitation shall be determined by the law of the court in which the action is pending.
None of our agents, employees or representatives has authority to alter, modify or waive any provision of these Terms and Conditions of Carriage.
19.1 GENERAL
If you are a Passenger with a disability and you require any special assistance, you should inform us at the time of booking of your special need. If you are a Passenger with a disability, we will carry you where arrangements have been made to provide for your special needs. If you do not inform us at the time of booking of your special needs, we will nevertheless use reasonable efforts to accommodate your special needs.
In addition to any of the provisions set out herein in connection to a Passenger with a disability, our obligations and your rights as a Passenger with a disability are provided for in the Code and the Schedule thereof where applicable.
19.2 SEATING
All the rules of seating in Article 6.4 apply to seating passengers with a disability. In addition, if you are a Passenger with a disability which causes you to need a bulkhead seat, and you request a bulkhead seat, it will be provided to you if it is not already assigned to another Passenger with a disability.
19.3 TRAVEL WITH AN ATTENDANT
We may require that you travel with an attendant at your own cost if it is essential for safety or you are unable to assist in your own evacuation from the aircraft or you are unable to understand safety instructions.
19.4 BAGGAGE
There is no charge for transporting any assistive device, such as a wheelchair or a cane, and such assistive device will not be counted towards your free Baggage allowance. On flights where medical oxygen is permitted, you will be charged for the service and supply of medical oxygen (and you will be required to be accompanied by an attendant). We reserve the right to cease accepting Passengers who must travel on a stretcher on any flight.
Carriage of you and your Baggage is also provided in accordance with certain other regulations and conditions applying to or adopted by us. These regulations and conditions are important and may vary from time to time. They may concern:
a) the carriage of unaccompanied minors;
b) passengers with a disability;
c) pregnant women and sick passengers;
d) restrictions on use of electronic devices and items;
e) the onboard consumption of alcoholic beverages; or
f) any other matters relating to the carriage of you or your Baggage that is regarded by us or by a regulatory body to be important to such carriage.
Telephone:
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Working Days:
Monday to Friday (8:00 - 12:00 & 13:30 - 17:30) (GMT+7:00, Phnom Penh local time)
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