Terms of Use

Terms of Use

1. Definitions

1.1. As you read these Conditions of Carriage, please note that:

 “AIRLINE DESIGNATOR CODE” means the two-characters or three letters, which identify particular air carriers.

"AUTHORISED AGENT" means a passenger sales agent who has been appointed by us to represent us in the sale of air transportation on our services.

"BAGGAGE" means your personal property accompanying you in connection with your trip.  Unless otherwise specified, it includes both your Checked Baggage and Unchecked Baggage.

"BAGGAGE CHECK" means the portion of the Ticket, which relates to the carriage of your Checked Baggage.

"BAGGAGE IDENTIFICATION TAG" means a document issued solely for identification of Checked Baggage.

"CHECKED BAGGAGE" means Baggage of which we take custody and for which we have issued a Baggage Check.

"CHECK-IN DEADLINE" means the time limit specified by the airline by which you must have completed check-in formalities and received your boarding pass.

“CONDITIONS OF CARRIAGE” means the terms of use contained herein.

"CONDITIONS OF CONTRACT" means those statements contained in or delivered with your Ticket or Itinerary/Receipt, identified as such and which incorporate by reference, these Conditions of Carriage and notices.

"CONVENTION" means whichever of the following instruments that are applicable: 

The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929; 

The Warsaw Convention as amended at The Hague on 28 September 1955;

The Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975);

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

The Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975);

The Guadalajara Supplementary Convention, signed at Guadalajara, 19 September 1961;

The Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal, 28 May 1999; or

Any other convention which is applicable to any particular flight.

"DAYS" mean calendar days, including all seven days of the week, provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted, and provided further that for purposes of determining duration of validity of a Ticket, the day upon which the Ticket is issued, or the day upon which the flight commences shall not be counted.

"ELECTRONIC COUPON" means an electronic Flight Coupon or other value document held in our database.

"ELECTRONIC TICKET" means the Itinerary/Receipt issued by us or on our behalf, the Electronic Coupons and, if applicable, a boarding document.

"FLIGHT COUPON" means that portion of the Ticket that bears the notation "good for passage", or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which you are entitled to be carried.

"FORCE MAJEURE" means unusual and unforeseeable circumstances beyond your control, the consequences of which could not have been avoided even if all due care had been exercised.

"ITINERARY/RECEIPT" means a document or documents we issue to Passengers travelling under Electronic Tickets that contains the Passenger name, flight information and notices.

"PASSENGER" means any person, except members of the crew, carried or to be carried in an aircraft under a Ticket.

"PASSENGER COUPON" means that portion of the Ticket issued by us or on our behalf, which is so marked and which ultimately is to be retained by you.

"REGULATIONS" mean rules, other than these Conditions of Carriage published by us and in effect on date of commencement of carriage, governing carriage of Passengers and/or Baggage.

"STOPOVER" means a deliberate interruption of a journey by the Passenger, at a point between the place of departure and the place of destination, which has been agreed to in advance by us.

"TARIFF" means the fares of the flight, taxes, fees and surcharges due and filed, where required, with the appropriate authorities.

"TICKET" means either the document entitled "Passenger Ticket and Baggage Check" or the Electronic Ticket, in each case issued by us or on our behalf, and which includes the Conditions of Contract, notices, Passenger Coupon, Flight Coupon, or Electronic Coupon.

"UNCHECKED BAGGAGE" means any of your Baggage other than Checked Baggage.

1.2. Any references to “we”, “our”, “ourselves” and “us” contained herein means a reference to Myanmar National Airlines, having its registered office at 104 Kanna Road, Kyauktada Township, Yangon, Myanmar.

1.3. Any references to “you”, “your” and “yourself” contained herein means a reference to any Passenger.

 

2. Applicability

2.1. GENERAL

Our Conditions of Carriage apply only on those flights, or flight segments, where our name or Airline Designator Code is indicated in the carrier box of the Ticket for that flight or flight segment. 

2.2. CHARTER OPERATIONS

If carriage is performed pursuant to a charter agreement, the charter Regulations (if any) shall be applicable thereto and these Conditions of Carriage apply only to the extent that they are incorporated by reference or otherwise, in the charter agreement, charter Regulations or the charter Ticket. Where there are no charter Regulations or charter agreement, these Conditions of Carriage shall apply to any such carriage. By accepting a charter carriage, you agree to be bound by any provisions applicable to that carriage.

2.3. CODE SHARES

On some services we have arrangements with other carriers known as "Code Shares".  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.  If such arrangements apply we will advise you of the carrier operating the aircraft.

2.4. OVERRIDING LAW

2.4.1. To the extent that any provision contained or referred to herein is contrary to anything contained in the Conventions, where applicable, and any applicable laws, government regulations, orders or requirements that cannot be waived by agreement of the parties, such provision shall not apply, and the applicable Convention and/or applicable laws, government regulations, orders or requirements shall prevail. 

2.4.2. The invalidity of any provision shall not affect the validity of any other provision.

2.5. CONDITIONS OF CARRIAGE PREVAIL OVER REGULATIONS

Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and our Regulations dealing with particular subjects, these Conditions of Carriage shall prevail.

 

3. Tickets

3.1. GENERAL PROVISIONS

3.1.1. We will provide carriage only to the Passenger named in the Ticket, and you may be required to produce appropriate identification.

3.1.2. The Ticket which provides for air travel for our services constitutes prima facie evidence of the Conditions of Carriage between us and you as named in the Ticket and incorporates by reference all of these Conditions of Carriage as a contractual matter.

3.1.3. A Ticket is not transferable. Only the person to whom the Ticket has been duly issued to can use it for the flight.

3.1.4. Some Tickets are sold at discounted fares, which may be partially or completely non-refundable.  You should choose the fare best suited to your needs. You may also wish to ensure that you have appropriate insurance to cover instances where you have to cancel your Ticket.

3.1.5. Except in the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you present a valid Ticket containing the Flight Coupon for that flight and all other unused Flight Coupons and the Passenger Coupon.  In addition, you shall not be entitled to be carried on a flight if the Ticket presented is mutilated or if it has been altered otherwise than by our Authorised Agent or us. In the case of an Electronic Ticket, you shall not be entitled to be carried on flight unless you provide positive identification and a valid Electronic Ticket has been duly issued in your name.

3.1.6. In case of loss or mutilation of a Ticket, or part thereof, or non-presentation of a Ticket containing the Flight Coupon and all unused Flight Coupons, we may at your request and subject to our Regulations replace such Ticket or part thereof by issuing a new Ticket on receipt of proof satisfactory to us that a Ticket valid for the flights in question was duly issued, provided that you undertake in such form as may be prescribed by us to pay to us the fare applicable to the new Ticket in the event, and to the extent, that the lost or mutilated Ticket or the missing Flight Coupons are used by any person, or that refund in respect thereof is made to any person. We may charge an administration fee for replacement of the Ticket or part thereof, unless the loss or mutilation of the Ticket or part thereof was caused by our negligence or the negligence of our agent.

3.1.7. A Ticket is valuable and you should take appropriate measures to safeguard it and ensure it is not lost or mutilated. 

3.2. PERIOD OF VALIDITY OF TICKET

3.2.1. Except as otherwise provided in these Conditions of Carriage, or in applicable Tariffs (which may limit the validity of a Ticket, in which case the limitation will be shown on the Ticket), a Ticket is valid for the period as stated in the Ticket.

3.2.2. When you are prevented from travelling within the period of validity of the Ticket because we cancel the flight on which you hold a reservation, or omit a scheduled stop, being your place of departure, place of destination or a Stopover, or fail to operate a flight reasonably according to schedule, or cause you to miss a connection, or substitute a different class of service, or we are unable to provide a previously confirmed space, then where applicable and subject to our discretion, the validity of such Ticket may be extended until our first flight on which space is available in the class of service for which the fare has been paid. [JTJB Comments: As per your instructions, we have amended this clause to be in line with SIA’s provision on extension of a ticket’s validity. We have also inserted the highlighted proviso “then where applicable and subject to our discretion” as there may be an overlap between this Condition 3.2.2 and Condition 10 which already provides for different assistance measures in the event of flight cancellation, flight delays, etc.]

3.2.3. If after having commenced your journey, you are prevented from travelling within the period of validity of the Ticket by reason of illness, we may extend, provided such extension is not precluded by the Conditions of Contract or otherwise applicable to the fare paid by the Passenger, the period of validity of your Ticket until the date when you become fit to travel 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.  A medical certificate must attest to such illness.  When the Flight Coupons remaining in the Ticket, or in the case of an Electronic Ticket, the Electronic Coupon, involve one or more Stopovers, the validity of such Ticket, subject to the Conditions of Contract or otherwise, may be extended for not more than three months from the date shown on such certificate.  In such circumstances, we will similarly extend the period of validity of Tickets of other members of the Passenger’s immediate family accompanying an incapacitated Passenger.

3.3. COUPON SEQUENCE AND USE/ CHANGE IN ANY ASPECT OF TRANSPORTATION BY YOU

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 Stopover 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. 

3.3.2. Should you wish to change any aspect of your transportation due to reasons other than Force Majeure, you must contact us at least seven (7) Days in advance. The fare for your new transportation will be calculated and you will be given the option of either accepting the new transportation route at a new price or maintaining your original transportation route at the price of the original Ticket. In the event that you fail to contact us within the period specified above, we will assess the correct price for your actual travel, depending on our terms of 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 the difference if the new price is lower but otherwise, your unused Flight Coupons have no value.

3.3.3 Should you be required to change any aspect of your transportation due to Force Majeure, you must contact us as soon as practicable and furnish evidence of such Force Majeure, and we may, at our discretion, either provide you with a credit of the non-refundable amount of the fare for future travel with us within a limited period of time as per the relevant fare condition stated in the Ticket or we will use reasonable efforts to transport you to your next Stopover or final destination, without recalculation of the fare.

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 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 within the applicable notification period contained in this Condition 3.3, we may cancel your return or onward reservations. If you do advise us in advance within the applicable notification period contained in this Condition 3.3, we will not cancel your subsequent flight reservations. However, a new Ticket must be issued with a recalculated price based on the new routing.

3.4. BREAK OF JOURNEY 

3.4.1. You may only break your journey at a scheduled stopping place if this has been agreed with us before you begin your air journey and is thus appropriately reflected in your Ticket. 

3.4.2. If you hold a normal-fare Ticket you may arrange to break your journey during your Ticket's period of validity at any scheduled stopping place, provided this is permitted by the local regulations and our timetable. 

3.4.3. If you travel on special-fare Tickets, restrictions may apply, which limit or preclude Stopovers.

3.5. NAME AND ADDRESS OF CARRIER

Our name may be abbreviated to our Airline Designator Code, or otherwise, in the Ticket.  Our address shall be deemed to be the airport of departure shown opposite the first abbreviation of our name in the "carrier" box in the Ticket, or in the case of an Electronic Ticket, as indicated for our first flights segment in the Itinerary/Receipt.

 

4. Fares and charges

4.1. FARES

4.1.1 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 airport 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.

4.1.2 We will not be liable for the acts or omissions of any operator of ground transport services and shall not be liable therefore by reason of anything done by our employee or agent in assisting you to avail of such services. In cases where we provide ground transport services, these Conditions of Carriage and our Regulations (if any) shall be deemed applicable to such services and any additional charges payable for the use of such services in accordance with our Regulations shall not be refundable if such services are not used by you.

4.2. TAXES, FEES AND CHARGES

Applicable taxes, fees and surcharges imposed by government or other authority, or by the operator of an airport or by us, shall be payable by you.  At the time you purchase your Ticket, you will be advised of taxes, fees and surcharges. The taxes, fees and surcharges 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 surcharge shown on the Ticket, you will be obliged to pay it.  Likewise, if a new tax, fee or surcharge is imposed even after Ticket issuance, you will be obliged to pay it.  Similarly, in the event any taxes, fees or surcharges 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 obtain a refund if the authorities or entities who received the taxes, fees or surcharges make a respective refund to us, if the same are imposed by us, insofar as their refund is authorised under the applicable fare rules.

4.3. CURRENCY

Fares, taxes, fees and surcharges are payable in the currency of the country in which the Ticket is issued at a rate of exchange established by us, 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.

 

5. Reservations

5.1. RESERVATION REQUIREMENTS

5.1.1. We or our Authorised Agent will record your reservation(s).  Upon request we will provide you with written confirmation of your reservation(s).

5.1.2. Certain fares have conditions, which limit or exclude your right to change or cancel reservations.

5.2. TICKETING TIME LIMITS 

If you have not paid for the Ticket prior to the specified ticketing time limit, as advised by us or our Authorised Agent, we may cancel your reservation.

5.3. PERSONAL DATA

You recognise that personal data has been given to us for the purposes of: making a reservation, purchasing a Ticket, obtaining ancillary services, developing and providing services, facilitating immigration and entry procedures, ensuring security, safety, health, administrative and legal purposes and making available such data to the relevant government authorities.  For these purposes, you authorise us to retain and use such data and to transmit it to our own offices, Authorised Agents, government agencies, other carriers or the providers of the above-mentioned services and you agree that we shall not be liable to you for transmitting such information to those entities for such purposes.

5.4. SEATING 

We will endeavour to honour advance seating requests should you be entitled to them. We reserve the right to assign or reassign seats at any time, even after boarding of the aircraft.  This may be necessary for operational, government regulatory, safety or security reasons.

5.5. RECONFIRMATION OF RESERVATIONS

5.5.1. Onward or return reservations may be subject to the requirement to reconfirm the reservations within specified time limits.  We will advise you when we require reconfirmation, and how and where it should be done.  If it is required and you fail to reconfirm, we may cancel your onward or return reservations.  However, if upon cancellation, you advise us you still wish to travel, provided there is space on the flight, we will reinstate your reservations and transport you.  If there is no space on the flight we will use reasonable efforts to transport you to your next or final destination.

5.5.2. You should check the reconfirmation requirements of any other carriers involved in your journey with them.  Where it is required, you must reconfirm with the carrier whose code appears for the flight in question on the Ticket.

 

6. Check-in and boarding

You are required to arrive at our check-in location and boarding gate sufficiently in advance of flight departure to permit completion of any government formalities and departure procedures and in any event not later than the time that may be indicated by us. If you fail so to arrive in time at our check-in location or boarding gate or you appear to be improperly documented and not ready to travel, we may cancel the space reserved for you and we will not delay the flight. We will not be liable to you for loss or expense due to your failure to comply with the provisions of this Condition 6.

 

7. PASSENGERS

7.1. RIGHT TO REFUSE CARRIAGE OF PASSENGERS

In the reasonable exercise of our discretion, we may refuse to carry you if we have notified you that we would not at any time after the date of such notice carry you on our flights. We reserve the right to refuse to carry you or retain your Ticket if one or more of the following have occurred or we reasonably believe may occur:

7.1.1. you are unable to prove that you are the person named in the Ticket;

7.1.2. such action is necessary in order to comply with any applicable government laws, regulations, or orders of any state or country to be flown from, into or out;

7.1.3. the carriage of you or your Baggage may endanger or affect the safety, health, or materially affect the comfort of other Passengers or crew;  

7.1.4. your conduct, age, mental or physical state, including your impairment from alcohol or drugs may:

7.1.4.1. present a hazard or risk to yourself, to Passengers, to crew, or to property;

7.1.4.2. cause objection to other Passengers; or

7.1.4.3. require special assistance beyond that which is required by applicable laws;

7.1.5. you have committed misconduct on a previous flight, and we have reason to believe that such conduct may be repeated;

7.1.6. you have refused to submit yourself or your Baggage to a security check; 

7.1.7. you have not paid the applicable fare, taxes, fees or charges; 

7.1.8. you have not obeyed the instructions or 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;  

7.1.9. you have deliberately interfered with a member of our ground staff or a member of the crew of the aircraft carrying out their duties; 

7.1.10. you have refused a security check or committed a criminal offence during the check-in or boarding processes or on board of the aircraft;

7.1.11. you have failed to complete the check-in process by the Check-in Deadline or failed to arrive at the boarding gate on time; 

7.1.12. you have refused or failed to undergo health screening or a health examination requested by us or by a government or enforcement agency; 

7.1.13. you do not appear to have valid travel documents, may seek to enter a country through which you may be in transit, or for which you do not have valid travel documents, destroy your travel documents during flight or refuse to surrender your travel documents to the flight crew, against receipt, when so requested;  

7.1.14. you present a Ticket that has been acquired unlawfully, has been purchased from an entity other than us or our Authorised Agent, or has been reported as being lost or stolen, is a counterfeit, or you cannot prove that you are the person named in the Ticket;  

7.1.15. you have failed to comply with the requirements set forth in Condition 3.3 above concerning coupon sequence and use, or you present a Ticket which has been issued or altered in any way, other than by us or our Authorised Agent, or the Ticket is mutilated;  

7.1.16 you fail to observe our instructions with respect to safety or security, And in such case, you will be liable for all the costs resulting out of your behaviour leading to the refusal of carriage and you will not be entitled to a refund of your unused Ticket.

7.2. SPECIAL ASSISTANCE

7.2.1. Children, incapacitated persons, pregnant women, persons with illness, persons with disabilities or other people requiring special assistance travelling with us are strongly encouraged to provide to us pre-notification of their needs at the time of flight reservation so that we can make the necessary prior arrangements. Passengers who have advised us of any special requirements they may have at the time of reservation, and have been accepted by us, shall not subsequently be refused carriage on the basis of such disability or special requirements.  

7.2.2. if you are a Passenger with a disability, we may require from you that you travel with an attendant 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. 

7.2.3. if you are a Passenger with a disability we will carry you when we are in the position to provide you with reasonable arrangements for your special needs and assistance. If you do not inform us at the time of reservation, we will nevertheless use reasonable efforts to accommodate your special needs and assistance. 

7.2.4. If you are a Passenger requesting a special assistance, we may ask you to present yourself sufficiently in advance in order to enable us to proceed with the assistance in due time.

7.2.5. Acceptance for carriage of children, incapacitated persons, pregnant women, persons with illness or any other person requiring special assistance may be subject to prior arrangement with us, in accordance with our Regulations and/or the Conditions of Carriage.

7.3. DEATH OF PASSENGER OR DEATH OF IMMEDIATE FAMILY MEMBER OF PASSENGER

Subject to the applicability of the limitations of liability in the Conventions, in the event of death of a Passenger during his journey, we will, upon receipt of a valid death certificate, reimburse the amount of the Ticket to the person producing such death certificate to us. In the event that death occurs in the immediate family of a Passenger which results in the Passenger being unable to travel according to his/her scheduled flight, we will, upon receipt of a valid death certificate, reimburse the amount of the Ticket to the Passengers.

 

8. Baggage

8.1. FREE BAGGAGE ALLOWANCE

You may carry free of charge Baggage as specified and subject to the conditions and limitations in our Regulations and in these Conditions of Carriage. If you are in doubt, please ask us or our Authorised Agents for details of your free baggage allowance and our baggage Regulations.

8.2. EXCESS BAGGAGE

8.2.1. You will be required to pay a charge for carriage of Baggage in excess of the free baggage allowance at the rate and in the manner provided for in our Ticket.

8.2.2. If you wish to transport over one hundred kilograms of excess Baggage and/or bulky or unwieldy items (e.g. bicycles) you must notify us of such intention in advance, at the time of reservation.

8.3. EXCESS VALUATION DECLARATION

You may declare a value for Checked Baggage in excess of the applicable liability limits. If you make such a declaration, you shall pay the applicable charges at check-in.  Except as otherwise provided in our Regulations, excess value charges shall be payable at the point of origin for the entire journey to the final destination, provided that if at a Stopover en route you declare a higher excess value than that original declared, additional excess value charges for the increased value from such Stopover to final destination shall be payable. We will refuse to accept an excess value declaration on Checked Baggage when a portion of the carriage is to be provided by another carrier, which does not offer the facility.

8.4. ITEMS UNACCEPTABLE AS BAGGAGE

8.4.1. You must not include in your Baggage:

8.4.1.1. items which are likely to endanger the aircraft or persons or property on board the aircraft, such as explosives, compressed gases, corrosives, oxidizing radio-active or magnetized materials, materials that are easily ignited, poisonous, offensive or irritating substances, liquids, aerosols and gels (other than liquids, aerosol and gels  in your Unchecked Baggage for your use in the course of your journey in accordance with new guidelines set by the International Civil Aviation Organization) or those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in our Regulations (further information is available from us on request);

8.4.1.2. items including liquids, aerosols and gels, the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from or to; 

8.4.1.3. items which are reasonably considered by us to be unsuitable for carriage by reason of their weight, size, shape or character, or which are fragile or perishable having regard to, among other things, the type of aircraft being used.

8.4.2. Firearms and ammunition are prohibited from carriage as Baggage. Firearms and ammunition may within certain conditions be accepted as Checked Baggage, provided these are presented to us for inspection prior to commencement of carriage. Firearms must be unloaded with the safety catch on, and suitably packed.  Carriage of ammunition is subject to ICAO and IATA regulations as specified in Condition 8.4.1.1. and must, amongst others, be packed separately from firearms. If we accept such items for carriage, we may require any firearms and/or ammunition to be delivered to and remain in our custody until your arrival at the airport building at the place of destination.

8.4.3. Weapons such as antique firearms, swords, knives and similar items may be accepted as Checked Baggage, at our discretion, but will not be permitted in the cabin of the aircraft.

8.4.4. You must not include in Checked Baggage fragile or perishable items, medication, drugs, money, jewellery, precious metals, negotiable papers, securities or other valuables, samples, business documents or other working tools which are or can be considered as valuable, passports and other identification documents or any other item that is not suitable for carriage as Checked Baggage. 

8.4.5. Except to the extent above mentioned provisions could be found inconsistent with any applicable Convention, if, despite being prohibited, any items referred to in Condition 8.4.1, Condition 8.4.2, Condition 8.4.3 and Condition 8.4.4 are included in your Baggage, we shall not be responsible for any loss or damage of or caused by such items. In any event, our possible liability with respect to such items will be limited to the amount specified in any applicable Convention or these Conditions of Carriage, whichever is applicable.

8.5. RIGHT TO REFUSE CARRIAGE OF BAGGAGE

8.5.1. Subject to Condition 8.4.2 and Condition 8.4.3, we will refuse to carry as Baggage the items described in Condition 8.4, and we may refuse further carriage of any such items upon discovery.

8.5.2. We may refuse to accept Baggage for carriage unless it is in our reasonable opinion properly and securely packed in suitable containers to ensure safe carriage with ordinary care in handling. Information about packing and container unacceptable to us is available upon request.

8.6. RIGHT OF SEARCH

8.6.1. For reasons of safety and security we may request that you permit a search and scan of yourself and a search, scan or x-ray of your Baggage by us. If you are not available, your Baggage may be searched in your absence for the purpose of determining whether you are in possession of or whether your Baggage contains any item described in Condition 8.4.1 or any firearms, ammunition or weapons, which have not been presented to us in accordance with Condition 8.4.2.

8.6.2. If you are unwilling to comply with such request, you acknowledge that we may refuse to carry you or your Baggage and the sole recourse against us for you shall be a refund up to the fare of the Ticket. 

8.7. CHECKED BAGGAGE

8.7.1. Upon delivery to us of your Checked Baggage, we will take custody of, and issue a Baggage Identification Tag for, each piece of your Checked Baggage.

8.7.2. Checked Baggage must have your name or other personal identification affixed to it.

8.7.3. Checked Baggage will, whenever possible, be carried on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on an alternative flight. If your Checked Baggage is carried on an alternative flight we will deliver it at the airport of your destination, unless applicable law requires you to be present for customs clearance.

8.7.4. In cases in which the weight of your Checked Baggage is not recorded on the Ticket and no charges for overweight have been paid, it will be assumed until proven otherwise that the total weight of the Checked Baggage concerned does not exceed your free baggage allowance. 

8.8. UNCHECKED BAGGAGE 

8.8.1. We may specify maximum dimensions and/or weight for Unchecked Baggage, which you carry on to the aircraft.  If we have not done so, Unchecked Baggage, which you carry onto the aircraft, must fit under the seat in front of you or in an enclosed storage compartment in the cabin of the aircraft.  If your Unchecked Baggage cannot be stored in this manner, or is of excessive weight, or is considered unsafe for any reason, it must be carried as Checked Baggage. 

8.8.2. Objects not suitable for carriage in the cargo compartment (such as delicate musical instruments), will only be accepted for carriage in the cabin compartment if you have given us notice in advance and permission has been granted by us.  You may have to pay a separate charge for this service.

8.8.3. Some other objects such as liquids will be limited to an authorised quantity (100ml) and will be subject to separate screening procedures. For more details, please consult us or your travel agency.

8.9. COLLECTION AND DELIVERY OF CHECKED BAGGAGE

8.9.1. Subject to Condition 8.7.3 you are required to collect your Checked Baggage as soon as it is made available at your destination or Stopover. Should you not collect it within a reasonable time, we may charge you a storage fee. Should your Checked Baggage not be claimed within three months of the time it is made available to the Passenger, we may dispose of it without any liability to you.  

8.9.2. We shall deliver Checked Baggage to the bearer of the Baggage Check and Baggage Identification Tag upon payment of all unpaid sums due to us. We are under no obligation to ascertain that the bearer of the Baggage Check is entitled to delivery of the Checked Baggage and we are not liable for any loss, damage, or expense arising out of or in connection with its failure so to ascertain. Delivery of Checked Baggage will be made at the destination shown in the Baggage Check.

8.9.3. If a person claiming Checked Baggage is unable to produce the Baggage Check and identify the Checked Baggage by means of a Baggage Identification Tag, we will deliver the Checked Baggage to such person only on condition that he or she establishes to our satisfaction his or her right to the Checked Baggage, and if required by us, such person shall furnish adequate security to indemnify us for any loss, damage or expense which may be incurred by us as a result of such delivery.

8.9.4. Acceptance of Checked Baggage by the bearer of the Baggage Check without complaint at the time of delivery is prima facie evidence that the Checked Baggage has been delivered in good condition.

8.10. ANIMALS

8.10.1. Animals such as dogs, cats, household birds and other pets, when properly crated and accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit will, with our advance agreement, be accepted for carriage, subject to our Regulations.

8.10.2. If accepted as Baggage, the animal, together with its container and food carried, shall not be included in your free baggage allowance but shall constitute excess baggage, for which the applicable rate shall be payable by you.

8.10.3. If you are travelling with your guide dog due to sight/hearing impairment together with its containers and food, your guide dog shall be carried free of charge in addition to the normal free baggage allowance, subject to our Regulations.

8.10.4. Acceptance for carriage of animals is subject to the condition that you assume full responsibility for such animal. We shall not be liable for injury to or loss, delay, sickness or death of such animal or in the event that it is refused entry into or passage through any country, state or territory.[JTJB Comments: We have deleted this and placed it under a more general section on “Administrative Formalities” below (in line with SIA’s Conditions of Carriage).]

 

9. Administrative Formalities

9.1. GENERAL

You shall be solely responsible for complying 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 shall not be liable for any aid or information given to you by any of our agents or employees in connection with obtaining the necessary documents or visas or complying with such laws, regulations, orders, demands, and requirements, whether given in writing or otherwise or for the consequences to you which may result from your failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.

9.2. TRAVEL DOCUMENTS

You may present all exit, entry, health and other documents required by laws, regulations, orders, demands or requirements of the countries concerned, and permit us to take and retain copies thereof. We reserve the right to refuse your carriage if you have not complied with applicable laws, regulations, orders, demands or requirements or if your documents do not appear to be in order, or if you do not permit us to take and retain copies thereof.

9.3 REFUSAL OF ENTRY

You agree to pay the applicable fare whenever we, on government order, are required to return you to your point of origin or elsewhere owing to your inadmissibility into a country, whether of transit or of destination. We may apply to the payment of such fare any funds paid to us for unused carriage, or any funds belonging to you that may be in our possession. The fare collected for carriage to the point of refusal of entry or deportation will not be refunded by us.

9.4. PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS, ETC.

If we are required to pay or deposit any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands and travel requirements of the countries concerned or to produce the required documents, you shall on demand reimburse to us any amount so paid or deposited and any expenditure so incurred. We may use towards such expenditure any funds paid to us for unused carriage, or any funds belonging to you that may be in our possession.

9.5. CUSTOMS INSPECTION

If required, you shall attend inspection of your Baggage by customs or other government officials. We shall not be liable to you for any loss or damage suffered by you through failure to comply with this requirement.

9.6. SECURITY INSPECTION

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

9.7. OUR DETERMINATION OF APPLICABLE LAW

We shall not be liable if we determine that what we understand to be the applicable law, government regulation, demand, order or requirement requires that we refuse and we do refuse to carry you.

 

10. Schedules, Cancellation of Flights

10.1. SCHEDULE

We undertake to use our best efforts to carry you and your Baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel.

10.2. CANCELLATION OR CHANGES TO SCHEDULE DUE TO OUR FAULT

If due to reasons arising from our fault, we cancel a flight, a flight is delayed, we are unable to provide previously confirmed space, the carrier does not stop at a Stopover or destination point, or you miss a connecting flight on which you hold a reservation, we shall either:

10.2.1. Carry you on another of our scheduled flights where space is available;

10.2.2. Reroute you to the destination indicated on the Ticket or the applicable portion thereof by our own scheduled services or the scheduled services of another carrier, or by means of surface transportation. If the sum of the fare, excess baggage charge and any applicable service charge for the revised routing is higher than the refund value of the Ticket or applicable portion thereof, we shall require no additional fare or charge from you, and shall refund the difference if the fare and charges for the revised routing are lower; or

10.2.3. Make a refund to you, whereupon we shall be under no further liability to you.

10.3. CANCELLATION DUE TO NON-COMMERCIAL USE OF CARRIER BY THE STATE

In the event our carrier is to be performed by the Republic of the Union of Myanmar, whereupon your flight is cancelled due to such use, we will provide to you, at our discretion, either a full refund of the amount of your Ticket or a non-refundable amount of the Ticket, for future travel with us within a limited period of time, or alternative flight arrangements with other air carriers.

 

11. Liability for Damage

11.1. GENERAL

Carriage hereunder is subject to the rules and limitations relating to liability established by the Conventions unless such carriage is not international carriage to which the Conventions apply.

11.2. LIABILITY FOR DAMAGE FOR CARRIAGE WHICH IS NOT INTERNATIONAL CARRIAGE

In a carriage which is not an international carriage to which the Conventions apply, except in the case of acts or omissions done with intent to cause damage or recklessly and with knowledge that damage would probably result:

11.2.1. Our liability with respect to you for death or injury for any reason shall be governed by the applicable national law; or

11.2.2. With respect to delay, we shall be under no liability except as provided in these Conditions of Carriage.

11.3. LIABILITY FOR DAMAGE FOR CARRIAGE WHICH IS AN INTERNATIONAL CARRIAGE

Our liability for the carriage of you and your Baggage is governed by the applicable Convention in the case of international carriage by air. If and to the extent that any of the provisions of these Conditions of Carriage are inconsistent with mandatory and applicable provisions of the Convention or national law, the latter shall prevail.

 

12. Time limitation on Actions

Where applicable under the Conventions, any right to damages shall be extinguished if an action is not brought within two years reckoned from the date of arrival at the destination, or from the date on which the carrier ought to have arrived, or from the date on which the carrier stopped. The method of calculating the period of limitation shall be determined by the law of the court seized of the case.