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Non-refundable advance compensation in case of cancelled, delayed flights and others relevant legal provisions

I. Non-refundable advance compensation in carriage of passengers by air

(According to Circular No. 14/2015 / TT-BGTVT, which was amended and supplemented a number of articles by Circular No. 27/2017 / TT-BGTVT dated August 25th, 2017 of the Ministry of Transport aoubt non-refundable advance compensation in carriage of passengers by air).

1. Applies for flights departing from Vietnam

2. We are exempt from the obligation to pay non-refundable advance in case of cancelled or delayed flights for one of the following reasons:

a. Weather conditions affect flight safety operation.
b. Security risks affecting flight safety exploitation.
c. The flight cannot be operated or delayed due to the decision of the competent authorities.
d. Due to passengers medical problems (seriously ill or dead after boarding).
e. The aircraft is scheduled to operate a vandalized flight or a fleet of vandalized aircraft.
f. Due to armed conflicts, political instability, strikes affect the flight.
g. In case of aviation infrastructure, flight assurance service does not guarantee flight performance.
h. Technical incident occurs during the operation of the aircraft, counting from the time the aircraft captain signs the receipt of the aircraft ready to fly until the end of the flight.
i. Passengers are arranged to journey to the planned destination by another flight with a arrival time not exceeding 04 hours compared to the expected arrival time of the confirmed flight.
j. Passengers will be arranged to arrive at the destination of the journey no later than 06 hours from the expected arrival time of the connecting flight in case the planned flight destination is the connecting point in the itinerary of passenger.
k. Passengers are not present for aviation procedures at the airport or other locations as agreed with us.
l. Passenger voluntarily waives the seat confirmation.
m. We can prove one of the following:
– Notified by word, messages, emails to passengers about the cancellation and delay flights lasting at least 24 hours before the scheduled departure time at the address customers have provided us in case of making a phone call, the call must be made within 07 hours to 22 hours with a frequency of 02 calls, 20 minutes apart if the first call cannot be reached;
– Passengers do not register contact information as prescribed;
– Unable to contact the passenger according to the registered contact information.
n. Passengers are transported for free; Passengers are transported at a discounted rate applicable to airline staff, airline agent staff, partners, customers using free discount tickets
o. Other force majeure cases.

3. Forms of compensation:
a. Cash
b. Bank transfer or through other suitable intermediary payment services in case of request
c. Free tickets, reimbursement vouchers for the continued use of carrier services or other free services in case of passenger approval.

4. Location of receiving compensation:
a. At the airport where the flight is canceled or take off or landing.
b. At the carrier’s branch or representative office designated by the carrier.
c. To the account provided by the passenger.

5. Time limit for compensation: Not exceeding 14 working days from the date the flight is cancelled or dalayed

6. Compensation level in cases of cancelled and delayed flights: 

Flight lengthCompensation level
Domestic flights
Less than 500 km200,000 VND
From 500 km to less than 1,000 km300,000 VND
From 1,000 km and above400,000 VND
International flights depart from Vietnam
Less than 1,000 km25 USD
From 1,000 km to less than 2,500 km50 USD
From 2,500 km to less than 5,000 km80 USD
From 5,000 km and above150 USD

 

II. Others relevant legal provisions:

• Law on Civil Aviation of Vietnam.

• Circular 36/2014/TT-BGTVT dated 29th, August 2014 of the Ministry of Transport regulating the quality of passenger services at airport.

• Circular 81/2014/TT-BGTVT dated 31st, December 2014 of the Ministry of Transport regulating for air carriage and general aviation.

• Circular 14/2015/TT-BGTVT dated 27th, April 2015 of the Ministry of Transport on non-refundable advanced compensations in air transportation of passengers.

• Circular 27/2017/TT-BGTVT dated 25th, August 2017 of the Ministry of Transport regulating the amendment and supplement some articles of Circular 36/2014/TT-BGTVT dated 29th, August 2014 of the Ministry of Transport regulating the quality of passenger services at airport and Circular 14/2015/TT-BGTVT dated 27th, April 2015 of the Ministry of Transport on non-refundable advanced compensations in air transportation of passengers.