Conditions Of Carriage

 

Cambodia Airways Co., Ltd. General Conditions of

Carriage for Passengers and Baggage

 

Article 1 Definitions

 

1 The definitions of the following expressions in the “Cambodia Airways Co., Ltd. General Conditions of Carriage for Passengers and Baggage” (hereinafter referred to as the Conditions), except where the specific article otherwise requires or where it is otherwise provided, are as follows:

1.1 “Convention”, refers to the instrument(s) used according to the stipulations of the contract:“The Convention for the Unification of Certain Rules Relating to International Carriage by Air”, signed in Warsaw, October 12, 1929 (hereinafter referred to as the Warsaw Convention);“The Warsaw Convention as Amended at The Hague”, signed in The Hague, September 12, 1955 (hereinafter referred to as the Hague Protocol);“The Convention for the Unification of Certain Rules for International Carriage by Air”, signed in Montreal on May 28, 1999 (hereinafter referred to as the Montreal Convention).

1.2 “Carrier” means the public air transportation corporation who issues the Ticket, transports or commits to transport the passenger listed on the ticket and their baggage.

1.3 “Code Shares or Code Share Flights” means a carrier uses its flight number on the other operating carrier’s aircraft or many airlines use their unique flight number on the same aircraft by agreement.

1.4 “Issuing Carrier” means a carrier, whose Digital Code appears on the Coupon.

1.5 “Cambodia Airways” – an abbreviation of Cambodia Airways Co., Ltd.

1.6 “Cambodia Airways Regulations” means those regulations, which will be in effect for both sides once the ticket is issued, and are legally formulated and released by Cambodia Airways for the purpose of supervision of its passengers and transportation of their baggage. Effective applicable ticket fares and conditions are included.

1.7 “Authorized Sales Agent” means a passenger sales agent who has been appointed by the carrier to represent the carrier in the sale of air transportation and also, having gained its authorization, for other carriers.

1.8 “Passenger” means any person, except members of the crew, carried or to be carried by an aircraft pursuant to the agreement of the Carrier.

1.9 “Children” means any person whose age is above two (2) years and below twelve (12) years on the date of the commencement of travel.

1.10 “Infant” means any person whose age is above fourteen (14) days and below two (2) years on the date of commencement of travel.

1.11 “Ticket” means a valid document sold or approved and ensured by the carrier or its authorized agent, including paper tickets and electronic tickets. A paper ticket is proof of the so-called “Ticket” and the baggage check, which is issued by the Carrier or its authorized agent. A paper ticket contains information including the conditions of the contract of transport, statements, notices, and the flight and passenger coupon. An electronic ticket is an electronic replacement for an ordinary paper ticket.

1.12 Electronic Ticket”,is a replacement for a paper ticket, whereby the information on the paper ticket is stored in the system database in the form of electronic data, and serves as proof of sale, account and transportation.

1.13Electronic Ticket Itinerary” means a paper document that contains information such as passenger name, route and price, etc.

1.14 Conjunction Ticket” means a ticket issued to a passenger in conjunction with another ticket, which together constitute a single contract of carriage.

1.15 Passenger Coupon” means that portion of the Paper Ticket, which is so marked and which is to be retained by the passenger for the duration.

1.16 Flight Coupon” means that portion of the Paper Ticket that bears the notation “good for passage”, indicating that this flight coupon is used for transportation between two appointed places.

1.17 Days” means calendar days, including all seven days of the week; provided that, for the purpose of passenger 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.

1.18 Baggage” means such articles carried by a passenger that are necessary or appropriate for his/her wear, use, comfort or convenience in connection with the trip. Unless otherwise specified, it shall include both checked and unchecked baggage (carry-on) of the passenger.

1.19 “Checked Baggage” means Baggage of which the carrier takes sole custody and for which the carrier has issued a baggage check.

1.20 Unchecked Baggage” means any baggage of the passenger which the passenger takes sole custody of other than checked baggage, also referred to as “carry on baggage.”

1.21 Baggage Tag” refers to the label that distinguishes the baggage and the document that allows the passenger to receive checked baggage.

1.22 “Baggage Ticket” means the document released by the carrier used especially for identification of Checked Baggage.

1.23 Excess Baggage” means the portion of baggage which exceeds the free baggage allowance calculated by weight or piece.

1.24 “Agreed Stopping Places” means those places, except the place of departure and the place of destination, set out in the Ticket or shown in the carrier’s timetables as scheduled stopping places on the passenger’s route.

1.25 “Stopover” means a deliberate interruption to the 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 the Carrier.

1.26 Damages” refers to losses incurred through bodily injury or death of a passenger sustained and caused in or related to the transportation provided by the Carrier, damage to or destruction of Checked Baggage and other damages.

1.27 Normal Fare” means the highest fare established for a first, business or economy class service during the period of applicability, including the corresponding fares of children’s and infant’s tickets.

1.28 “Special Fare” refers to fares other than normal fares.

1.29 “SDR” means a Special Drawing Right as defined by the International Monetary Fund.

 

 Article 2     Scope of Use

 

2. 1 General

2.1.1 Except as provided in 2.1.2, 2.3 and 2.4, these Conditions apply to all domestic and international carriage by air of passengers and baggage performed by Cambodia Airways for monetary compensation.

2.1.2 These Conditions also apply to no-charge and reduced fares carriages except to the extent that Cambodia Airways has provided otherwise in its regulations or in the relevant contracts or tickets.

2.1.3 Unless otherwise provided, in the event of any inconsistency between these any other regulations Cambodia Airways may have dealing with particular subjects, these General Conditions of Carriage shall prevail.

2.2 Carriage By Air

These Terms and Conditions apply to the carriage by air of Passengers and Baggage performed by us or on our behalf and to any liability we may have to you in relation to that carriage and transportation. If we transport you or arrange to transport you by means other than aircraft, e.g. by bus, train or boat, or arrange accommodation or car rental, we do so only as an agent. There may be additional or different conditions of carriage applicable to those arrangements. Where these include limitations of liability that are lower than the limitations of liability in these Conditions of Carriage, the lower limitation will apply to your non-aircraft arrangements.

If we arrange travel, make a Booking, issue an Itinerary or check-in Baggage for you on a flight with another airline’s Designator Code, we do so only as agent for that airline and the other airline’s conditions of carriage will apply. We will only be liable for Damage occurring during a Journey on Cambodia Airways.

2.3 Charter

According to the transportation incorporated in the charter agreement, passengers and baggage that have been accepted to transportation by charter should accord with Cambodia Airways’ charter agreement provisions. These Conditions shall be taken as final when the context is outside the charter agreement.

2.4 Exceptions

To the extent that any provision contained or referred to herein is contrary to anything contained in the Conventions, laws, government regulations, orders or requirements, those Conventions, laws, government regulations, orders or requirements shall be taken as final. The other provisions of these Conditions remain valid.

 

 Article 3 Tickets

 

3.1 Ticket is Preliminary Evidence of the Contract of Carriage

The ticket is the preliminary evidence of the contract of carriage between the issuing carrier and the passenger. The carrier will provide carriage only to the passenger holding such a ticket, or any other carrier document issued by the carrier or its authorized agent and will assume liability pursuant to these carriage provisions. The ticket remains at all times the property of the issuing Carrier indeed. The Conditions of Contract contained on the ticket are a summary of some of the provisions of these Conditions of Carriage.

3.2 Provisions for Using Tickets

3.2.1 A person who uses a paper ticket shall not be entitled to be carried on a flight unless that person presents a ticket that is valid and duly issued in accordance with Cambodia Airways’ Regulations and contains the flight coupon for that flight and all other unused flight coupons and the passenger coupon. A passenger shall furthermore not be entitled to be carried if the ticket presented is damaged and incomplete or if it has been altered otherwise than by Cambodia Airways or its Authorized Agent.

3.2.2 A person who uses an electronic ticket shall not be entitled to be carried on a flight unless that person provides valid identification and valid status of the electronic ticket checked by Cambodia Airways or its ground service agent. The electronic ticket itinerary only records the passenger’s travel information, and cannot be regarded as the necessary evidence for the passenger to check in and have security inspection.

3.3 Loss of Tickets

The following regulations are used for the loss of tickets and baggage checks issued by Cambodia Airways and its authorized sales agent.

3.3.1 General

In case of loss or mutilation of a ticket (or part of it) or non-presentation of a Ticket containing the Passenger Coupon and all unused Flight Coupons, the passenger shall take full responsibility.

3.3.2 Reporting the Loss of Tickets

3.3.2.1 In case of loss or mutilation of a ticket (or part of it) or non-presentation of a Ticket containing the Passenger Coupon and all unused Flight Coupons, the passenger should file a written loss report at a ticket office of Cambodia Airways or its sales agent.

3.3.2.2 When reporting the loss of a ticket, the passenger should show his or her valid identification and provide the date, place and itinerary of the ticket that was originally purchased. If the person who reports the loss of ticket is not the actual passenger, the valid identification card of this person and a notarized letter which the passenger has signed should be presented.

3.3.3.3 Before the passenger reports the loss of a ticket, in case of any fraud or use of the whole (or part) of the ticket by a third party, Cambodia Airways will not be liable and may refuse a refund for the lost ticket or a replacement for the ticket.

3.3.3 Repurchasing Tickets

Passengers can repurchase the ticket according to the original schedule and date and apply for a refund of the lost ticket.

3.3.4 Refund for Lost Tickets

If passenger wants to refund the lost ticket directly, he or she must report the lost ticket according to 3.3.2. The lost ticket will be refunded provided no fraud or use by a third party has been confirmed by Cambodia Airways.

3.4 Ticket not Transferable

3.4.1 Tickets are not transferable.

3.4.2 If someone other than the person entitled to be carried on a ticket travels pursuant to that ticket or is given a refund in connection therewith, Cambodia Airways shall not be liable to the person with the original right to use of the ticket.

3.4.3 If a ticket were to be used or refunded by any person other than the person entitled to be carried, Cambodia Airways would not be liable to the person entitled to be carried or refunded.

3.5 Period of Validity of the Ticket

3.5.1 A ticket is valid for carriage for one year from the date of commencement of travel or if no portion of the ticket is used, from the date of issue thereof, except as otherwise provided in the ticket, these Conditions or Cambodia Airways’ Regulations.

3.5.2 The validity period of a special fare ticket is calculated according to Cambodia Airways’ Regulations.

3.5.3 The validity of a ticket is calculated from the date of commencement of travel or 00:00 of the next day upon which a ticket is issued to 00:00 of the next day of the expiration date.

3.6 Extension of Validity of the Ticket

3.6.1 If for the following reasons, the passenger is prevented from travelling within the period of validity of the ticket, the validity of the passenger's ticket will be extended until Cambodia Airways’ first flight on which space is available in the class of service for which the fare has been paid:

1. Cancellation of the flight on which the passenger holds a reservation;

2. Omission of a scheduled stop, being the passenger's place of departure, place of destination or a stopover;

3. Failure to operate a flight reasonably according to schedule;

4. Causing the passenger to miss a connection;

5. Inability to provide a previously confirmed space.

3.6.2 When a passenger, after having commenced his/her journey, is prevented from travelling within the period of validity of his/her ticket by reason of illness, Cambodia Airways will extend the period of validity of that passenger’s ticket until the date when he/she becomes fit enough to travel according to a medical certificate, or until Cambodia Airways’ 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, except where Cambodia Airways regulations provide otherwise. When the flight coupons remaining in the ticket include one or more stopovers, the validity of the ticket, subject to Cambodia Airways’ Regulations, will be extended for not more than three months from the date when the passenger becomes fit to travel according to the medical certificate. In such circumstances, Cambodia Airways will extend similarly the period of validity of tickets of other members of his or her immediate family (a maximum of two) accompanying an incapacitated passenger.

3.6.3 In the event of the death of a passenger en route, the Tickets of persons accompanying the passenger may be modified by waiving the minimum stay or extending the period of validity. In the event of a death in the immediate family of a passenger who has commenced travel, the validity of the passenger’s ticket and those of his or her immediate family who are accompanying the passenger, may likewise be modified. Any such modification shall be made upon receipt of a valid death certificate and any such extension of validity shall not be for a period of longer than forty-five (45) days from the date of the death shown on the death certificate. Accompanying passengers are limited to two. The family members described above include: spouses, parents, offspring, brothers and sisters, grandparents, grandchildren, sons or daughters in law, parents-in-law, and other blood relatives to three generations, such as aunts and uncles, nephews and nieces and first cousins.
 

3.7 Coupon Use Sequence

3.7.1 Cambodia Airways will honor flight coupons, or in the case of an electronic ticket, an electronic coupon, only in sequence from the place of departure as shown on the ticket.

3.7.2 Passenger can commence his or her journey at any stopover or agreed stopping place if passenger’s first ticket not used, yet Cambodia Airways retains the right of rejection.

3.7.3 Each flight coupon, or in the case of an electronic ticket, an electronic coupon, will be accepted for carriage by Cambodia Airways in the class of service specified therein on the date and flight for which accommodation has been reserved. When flight coupons, or in the case of an electronic ticket, electronic coupons, are issued without a reservation being specified thereon, space will be reserved on application subject to the conditions for the relevant fare and the availability of space on the flight applied for.

 

 Article 4 Fares and Fees

 

4.1 General

Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination. Fares do not include ground transport service between airports and between airports and town centers.

4.2 Applicable Fare

Applicable fares for carriage are published by Cambodia Airways or those on behalf of Cambodia Airways or, if not so published, constructed in accordance with Cambodia Airways’ Regulations. Except where it is otherwise expressly provided, the applicable fare is the fare for the flight or flights in effect on the date of commencement of the carriage covered by the first flight coupon of the ticket. If the itinerary or the date of travel changes after the passenger purchases the ticket, the difference shall be paid by the passenger, or, except where it is otherwise expressly provided, refunded by Cambodia Airways, in accordance with Cambodia Airways’ Regulations.

4.3 Routing

Fares apply only to routing published in connection therewith. If there is more than one routing at the same fare, the passenger may specify the routing prior to issue of the ticket. If no routing is specified, it is up to Cambodia Airways to provide routing for the passenger to select and confirm.

4.4 Taxes and Charges

Any tax or charge imposed by a government or other relevant authority, or by the operator of an airport, in respect of a passenger or the use by a passenger of any services or facilities will be in addition to the published fares and charges and shall be payable by the passenger. It is up to Cambodia Airways to collect the payment. When the passenger purchases tickets, Cambodia Airways will inform of the specific taxes and charges not included in the ticket price.

4.5 Currency

Except where otherwise provided, passengers should pay fares and charges in the currency of the place of issuance of the ticket. When payment is made in a currency other than the currency in which the fare is published, such payment will be made at the rate of exchange displayed after calculation on the information system.

 

Article 5 Reservations

 

5.1 General

5.1.1 A reservation is not confirmed until it is recognized by Cambodia Airways or its Authorized Agent. Only when the passenger has paid for his ticket within the reservation and ticketing time limit prescribed in Cambodia Airways’ Regulations and the ticket is issued by Cambodia Airways or its Authorized Agent, and the reservation entered on the appropriate flight coupon, is a reservation considered valid and effective.

5.1.2 As provided in Cambodia Airways’ Regulations, certain fares may have conditions which limit or exclude the passenger’s right to change or cancel reservations. For specific provisions regarding such ticket prices, please refer to the corresponding transportation price provisions.

5.2 Ticketing Time Limit

If the passenger has not paid for his/her ticket within the prescribed ticketing time limit, the reservation may be cancelled by Cambodia Airways or its Authorized Agent.

5.3 Personal Data

The passenger recognizes that personal data has been given to Cambodia Airways for the purposes of making a reservation for carriage, obtaining ancillary services, facilitating immigration and entry requirements. For these purposes the passenger authorizes Cambodia Airways to retain such data and to transmit it to government organizations, its own offices, other carriers or the providers of such services, in whatever country they may be located.

The Passenger recognizes that personal data has been given to Cambodia Airways for the purposes of making a reservation and issuing a Ticket, providing  the Passenger with transportation and any related services and facilities, accounting, billing and auditing, verifying and screening credit or other payment cards, immigration and customs control, safety, security, health, administrative and legal purposes, statistical and marketing analysis; operating frequent flyer programmes, systems testing, maintenance and development, customer relations, assisting Cambodia Airways in future dealings with Passenger, and direct marketing and market research (which Cambodia Airways will only do at Passenger's request or with Passenger's consent). Cambodia Airways may release Passenger's personal information to subsidiary companies, Carriers and other companies involved in providing the Passenger with transportation or related services and facilities, alliance partners, data processors, agents, government enforcement agencies, and credit and other payment companies and screening companies. Subject to the applicable national laws, the Passenger may access their personal data held by Cambodia Airways. Where the Passenger believes the information is inaccurate, the Passenger can contact Cambodia Airways to update the information.

5.4 Seating

Except for providing seats for passengers who have a reserved flight and class of cabin, Cambodia Airways does not guarantee to provide any particular seat in the aircraft. Because of the need for travel, safety and security, the carrier will maintain his/her allotted or reallotted seating right on the plane, even after the passenger has boarded the plane.

5.5 Reconfirmation of Reservation

Cambodia Airways does not require reconfirmation of reservations for continuing or return flights that have already been booked. However, if the ticket contains flights which connect to another carrier’s flight, it may be subject to the operating carrier’s requirement of reservation reconfirmation. In the event of failure to comply with any such requirement, the carrier has the right to cancel the passenger’s reservation and Cambodia Airways is not liable to the passenger for loss or expense resulting from this. Passengers should first inquire about reconfirmation of reservation requirements of the other relevant carriers, and if reconfirmation of reservations is required, the passenger should comply with the reconfirmation rule directly with the carrier whose code is shown on the ticket.

 

Article 6 Check-in and Boarding

 

6.1 Check-in

6.1.1 Cut-off times for check in are different at each airport. The passenger shall arrive at the airport within the prescribed time limit to complete ticket inspection, baggage checking and boarding pass issuance with valid personal identification.

6.1.2 The passenger who has made a reservation can check-in directly at the check-in counter, while those who haven’t made a reservation shall be processed as a a standby at check-in according to Cambodia Airways’ Regulations.

6.2 Boarding

The passenger shall arrive in sufficient time at Cambodia Airways’ given boarding gate after check-in and completing all government formalities. If the passenger fails to arrive in time or appears improperly documented or not ready to travel, Cambodia Airways may cancel the reserved space for the purpose of not delaying the flight’s departure, and without the liability to the passenger for loss or expense due to the passenger’s failure to comply with the provisions of this Article.

 

 Article 7 Carriage Refusals and Restrictions

 

7.1 Right to Refuse Carriage

Cambodia Airways may refuse carriage of any passenger or passenger’s baggage for reasons of safety or in the exercise of its reasonable discretion due to following circumstances:

7.1.1 In order to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or through.

7.1.2 Except to the extent caused by a physical or mental disability as required by applicable law, the passenger is not fit for travel because of his/her conduct, age, or mental or physical state, or discomfort by making himself objectionable to other passengers, or involvement of any hazard or risk to himself or herself or to other persons and property.

7.1.3 The passenger has failed to observe the instructions of Cambodia Airways or the government, or has not abided by the Cambodia Airways crew’s arrangement and advice.

7.1.4 The passenger has refused to submit to a security check (personal or baggage).

7.1.5 The passenger has not, according to the regulations, paid the applicable fares or taxes or Cambodia Airways does not accept his/her credit payment.

7.1.6 The passenger does not show his passport, visa or other valid travel documents.

7.1.7 The passenger may seek to enter a country illegally through which he is in transit, or may destroy his documentation during the flight, or will not surrender travel documents to be held by the flight crew, against receipt, when so requested by Cambodia Airways.

7.1.8 The ticket has been acquired unlawfully or has been purchased from an entity other than the issuing Carrier or its Authorized Agent, or has been reported as being lost or stolen, or is a counterfeit ticket, or has been altered by anyone other than the Carrier or its Authorized Agent, or has been mutilated. Cambodia Airways reserves the right to retain such paper tickets.

7.1.9 The credit card by which you paid for the fare has been reported lost or stolen.

7.1.10 If you attempt to check-in at the airport after closure of the airport check-in counters.

7.1.11 The person presenting the ticket cannot prove that he is the person named in the ticket. Cambodia Airways reserves the right to retain such paper tickets.

7.2 Cambodia Airways has the right to determine the carriage of passenger and baggage when the actual passengers exceed the maximum load of the aircraft. Cambodia Airways will inform such passengers before the airplane takes off and the ticket will be dealt with as an involuntary endorsement or involuntary refund.

7.3 Limitations on Carriage

Acceptance for the carriage of unaccompanied-children, incapacitated persons, pregnant women, persons with an illness or those passengers requiring special assistance may be subject to prior agreement and arrangement with Cambodia Airways, in accordance with Cambodia Airways’ Regulations. Cambodia Airways has the right to reject passenger conducting check-in or boarding the aircraft once Cambodia Airport authorized agent judges passenger without enough air worthiness according to professional experience.

7.4 Arrangements for Passengers Refused to be Carried

When travelling with Cambodia Airways, in the event of the carriage of a passenger or baggage being refused, the carriage service department will carry out the necessary post-processing for passengers and baggage that have been refused carriage in accordance with the relevant provisions of Cambodia Airways’ Ground Service Guarantee Handbook.

 

 Article 8 Baggage

 

8.1 Items Prohibited and Limited as Baggage

8.1.1 Items which are unacceptable as baggage

8.1.1.1 Items which do not constitute baggage as defined in Article 1 hereof.

8.1.1.2 Items which are likely to endanger the aircraft or persons or property on board the aircraft specified in the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, the Dangerous Goods Regulations of the International Air Transport Association (IATA) and in Cambodia Airways’ Regulations. Especially those following prohibited articles: explosives, compressed gases, corrosive substances, oxides, radioactive or magnetized objects, flammable, poisonous, dangerous or irritating substances. For more information about the relative substances, please contact Cambodia Airways.

8.1.1.3 Items whereby the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from, to or as part of a stopover.

8.1.1.4 Items which are unsuitable for carriage by reason of their package, shape, weight, size or character.

8.1.1.5 Live animals, except as provided for in 8.12 of this Article.

8.1.2 Items which are not transported as checked baggage

The passenger shall not include in checked baggage fragile or perishable items, money, jewelry, antiques, precious metals, gold and silver products, negotiable papers, securities, bank cards, credit cards or other valuables, business, government or private documents, passports and other identification documents, samples, medicine or medical devices or equipment, keys, computers, video cameras, cameras, mobile phones or other valuable electronics. Cambodia Airways is not liable for losses or expenses caused by a passenger’s negligence.

8.1.3 Items which are limited in transportation

The following items, which may be agreed to by Cambodia Airways and in accordance with Cambodia Airways’ Regulations, are permitted to be transported.

8.1.3.1 Guns and ammunition for hunting and sporting purposes may be accepted as Checked Baggage with a gun carriage permit or proof of approval from the State General Administration of Sports. Guns must be unloaded with the safety catch on, and be suitably packed. Carriage of ammunition is subject to ICAO and IATA regulations, as well as applicable national laws, regulations, or orders from countries of departure, arrival and those in passing.

8.1.3.2 Antique swords or knives considered tourist souvenirs and similar objects may only be transported as checked baggage within the relevant regulations.

8.1.4 Items that shall have an exemption baggage tag attached

Due to the value,nature of contents or possible passenger negligence which would lead to controversy

when accepting baggage,Cambodia Airways shall attach an exemption baggage tag to exempt the corresponding responsibility of Cambodia Airways. Such baggage may include:

8.1.4.1 Fragile and easily damaged baggage

8.1.4.2 Improperly packed baggage

8.1.4.3 Small animals, fresh and alive objects, perishable goods or perishable goods carried in the baggage

8.1.4.4 The passenger was late in presenting the baggage for transportation

8.1.4.5 Damaged baggage

8.1.4.6 Checked Baggage whose weight and size is out of the limitation regulated by the carrier or oversized baggage

8.1.4.7 Unlocked baggage or baggage with a broken lock

8.1.4.8 Unchecked Baggage whose size exceeds the limitation of the baggage in the cabin

8.2 Right to Refuse Carriage

8.2.1 Cambodia Airways may refuse carriage of baggage of such items described in 8.1.1 of this Article and may refuse further carriage of any such items on discovery thereof during carriage.

8.2.2 Cambodia Airways may refuse to accept baggage as checked baggage unless it is properly packed in suitcases or other similar containers to ensure safe carriage with ordinary care in handling.

8.3 Right of Check

For reasons of carriage safety and security, Cambodia Airways can check passenger’s baggage according to the regulation. For the purpose of determining whether passenger carried or carried secretly items in the baggage described in 8.1.1and 8.1.3 above, Cambodia Airways may check, scan or X-ray check the passenger’s baggage even if he or she does not present.  If any damage occurs because of the X-ray check or scan, Cambodia Airways takes no responsibility unless the damage is the result of a Cambodia Airways negligence . If the passenger is unwilling to comply with such a request, Cambodia Airways may refuse to carry the passenger or the baggage.

8.4 Checked Baggage

8.4.1 Upon delivery to Cambodia Airways of baggage to be checked, Cambodia Airways shall take custody thereof and issue a baggage identification tag for each piece of checked baggage.

8.4.2 Passengers shall label the name, contact method or other personal identification mark on the inside or outside of the checked baggage.

8.4.3 Best efforts should be made by Cambodia Airways for checked baggage to be carried on the same aircraft as the passenger, however for the purpose of safety, security or transportation, in the event passenger’s checked baggage cannot be transported with the same aircraft,Cambodia Airways should explain to the passenger its intention to carry the checked baggage on the next flight on the condition that the security is confirmed and space is available.

8.4.4 Unless otherwise specified, the weight and dimensions of checked baggage may not exceed Cambodia Airways’ regulations, those that exceed the regulations should be transported as cargo. The sum of the three dimensions must not exceed 158cm for each piece, and the weight of each piece must not exceed 32 kg.

8.5 Unchecked (Carry-On) Baggage

8.5.1 Baggage which the passenger carries on to the aircraft must fit under the seat in front of the passenger or in an enclosed storage compartment in the cabin.

8.5.2 Unless otherwise specified, the weight of carry-on baggage should not exceed 7kg, and the maximum volume should not exceed 20cm x 40cm x 55cm. Under the piece calculation system, unchecked baggage taken into the cabin may not exceed 7kg and the total length of its three edges may not exceed 115cm. Baggage which exceeds the above regulations should be transported as checked baggage.

8.5.3 If the weight or size of the passenger’s baggage goes against the regulations of 8.5.2, and is unsuitable to be transported in the cargo compartment, such as a delicate musical instrument, the passenger shall inform Cambodia Airways in advance if he or she wants to carry it as unchecked baggage. Only after receiving consent from Cambodia Airways may the baggage may be carried into the cabin. Charges will be issued according to the seat space taken up in the cabin.

8.6 Free Baggage Allowance

8.6.1 In the transportation managed by Cambodia Airways, free baggage allowance may be calculated by weight and piece. Passengers should comply with the free baggage allowance according to the conditions and limits regulated by Cambodia Airways.

8.6.2 As for Cambodia Airways domestic sectors of international transportation under a single transportation contract, the free baggage allowance of the passenger should be subject to the allowance for the international sector.

8.6.3 In the case of Passengers buying mixed level tickets, the free baggage allowance can be calculated according to the free baggage allowance regulated on different flight legs.

8.6.4 Where two or more passengers booked at the same booking record, travelling as one party to a common destination or point of stopover by the same flight, present themselves and their baggage for travelling at the same time and place, their free baggage allowance may be calculated together according to the standard ticket price level regulations of each. If booking records are separate, check-in accountability staff has the right on recognition.

8.6.5 In the event of a voluntary itinerary change, the free baggage allowance should follow the regulation applied to free baggage allowance of the ticket price level after the itinerary change. If it is an involuntary itinerary change, the free baggage allowance follows the original regulations.

8.6.6 Weight calculation of free baggage allowance

In addition to some specified regulations of Cambodia Airways, the free baggage allowance of the checked baggage and unchecked baggage of every passenger is managed according to the following regulations:

8.6.6.1 Unless otherwise specified, there a 30kg free baggage allowance for each business-class adult passenger; and a 20kg free baggage allowance for each economy class adult.

8.6.6.2 Children or infants traveling on child tickets have the same free baggage allowance regulated in 8.6.6.1. Infants paying with Cambodia Airways infant fare have 7KG free baggage allowance and a pushchair may be checked with free of charge.

8.6.7 Piece calculation of free baggage allowance

Piece calculation of baggage allowance will be handled according to the flight regulations of each route of Cambodia Airways.

8.7 Excess Baggage

8.7.1 Excess baggage can be carried only after the passenger pays the excess baggage charge and Cambodia Airways issues an excess baggage check.

8.7.2 Unless otherwise specified, if baggage exceeds the weight limit specified, the excess baggage charge per kilogram is following the excess baggage charge rate published by Cambodia Airways.

8.7.3 Each piece of baggage exceeding the piece calculation baggage allowance will be charged according to the relevant regulations.

8.8 Value Declaration and Charge

8.8.1 A passenger may declare a value for checked baggage if the value of the baggage is more than USD20.00 per kilogram or its equivalent currencies.

8.8.2 The value declared cannot be in excess of the real value of the checked baggage. Cambodia Airways may refuse carriage of certain high value items. The maximum declared value of each passenger is USD 800 or its equivalent value in other currencies. If Cambodia Airways disagrees with a value declaration and the passenger refuses to be checked, Cambodia Airways has the right to refuse carriage.

8.8.3 Cambodia Airways will charge additional value declaration expenses if the value declared by the passenger is over 0.5% of the highest value declared regulated in 8.8.1.

8.8.4 Cambodia Airways does not apply value declaration to unchecked baggage, seat baggage, diplomatic bags and other special items, for example musical instruments. For specific inquiries, please contact Cambodia Airways or its authorized agent.

8.8.5 Cambodia Airways does not apply value declaration to any small animal carried by a passenger.

8.8.6 If partial transportation of the baggage with value declaration is carried by other carriers that do not offer a value declaration service, Cambodia Airways has the right to refuse the offer value declaration service for Carried Baggage.

8.9 Collection and Delivery of Baggage

8.9.1 The Passenger must have a valid passenger ticket to transport checked baggage.

8.9.2 After baggage delivery, the passenger receives a baggage identification tag for each piece of Checked Baggage, which must be used for baggage collection.

8.10 Delivery of Baggage

8.10.1 Passengers shall claim their baggage at the destination or stopover with their checked baggage identification tag as early as possible.

8.10.2 It is only the person with a baggage check and baggage identification tag who has the right to collect the checked baggage.

8.10.3 when claiming the baggage without showing the baggage check and identification tag, a proof approved by Cambodia Airways should be  presented, or agreement of the compensation of possible damage to Cambodia Airways according to regulation should be declared when necessary,  then he or she can claim the baggage.

8.10.4 When passengers claim baggage and do not offer a written objection, it will create a rebuttable presumption that the baggage has been delivered according to the transportation contract..

8.11 Seat Baggage – Special regulations for carriage of fragile, precious objects and diplomatic bags

8.11.1 Seat Baggage

8.11.1.1 If the baggage has to take up a seat, the passenger should request space in advance when reserving the seat, and the baggage can only be transported with the permission of Cambodia Airways.

8.11.1.2 The passenger takes responsibility for the seat baggage he or she carries. The weight of seat baggage for each seat may not be in excess of 75kg and the baggage should be properly packed. To guarantee the safety of the flight, the seats of the passengers and their seat baggage shall be designated by Cambodia Airways and for the entire trip the baggage should be secured by safety belt. When necessary, the baggage should be fastened by a cross arm brace.

8.11.1.3 Seat baggage is not included in free baggage allowance and the fare is charged according to the adult ticket fare of the passenger.

8.11.1.4 If the transportation is managed by successive carriers, the agreement of the corresponding successive carriers should be obtained.

8.11.2 Fragile or valuable baggage will be dealt with in addition to the regulations in these conditions; if the baggage requires a seat, management should follow 8.11.1.

8.11.3 Diplomatic bags

8.11.3.1 According to the request of diplomatic couriers, Cambodia Airways can treat this as checked baggage and the carrier bears only the normal checked baggage responsibility.

8.11.3.2 If diplomatic bags require seats, 8.11.1 is applied.

8.12 Animals

8.12.1 Small Animals

8.12.1.1 The term “small animals” means dogs, cats, and other domestic household pets. Wild animals and other animals with strange shapes or those that are liable to injure people (e.g., snakes) are not included in the category of small animals.

8.12.1.2 If a passenger checks through small animals, the animals should be properly put in a suitable container and accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit, failing which they will not be accepted for carriage.

8.12.1.3 If accepted as checked baggage, the animal, together with its container and food, shall not be included in the free baggage allowance, but shall constitute excess baggage, for which passengers are obligated to pay the applicable charges.

8.12.1.4 Cambodia Airways has the right to accept and reject the transportation and  decide the method of transportation for small animals. Cambodia Airways also has the right to limit the amount of pets in one airplane. Small animals should be carried in the cargo compartment.

8.12.1.5 The passenger whose small animal has caused other passengers or crew members damages or injuries will take full responsibility.

8.12.1.6 The transportation of small animals shall also comply with additional conditions in Cambodia Airways’ Regulations. For specific information, please contact Cambodia Airways or its authorized agent.

8.12.2 Assistance dogs, guide dogs and hearing dogs

8.12.2.1 Assistance dogs, guide dogs and hearing dogs may be taken into the cabin as required by applicable law, but they have to be secured adequately and may not occupy a seat.

8.12.2.2 Passengers carrying an assistance dog should provide its valid certificates issued by an appropriate institution.

8.12.2.3 When assistance dogs, guide dogs and hearing dogs are carried in the cargo compartment, they must be in suitable containers.

8.12.2.4 Assistance dogs, guide dogs and hearing dogs and their containers and food may be transported free of charge and shall not be counted in free baggage allowance.

8.12.3 Passengers are completely liable for the injury or death of the animals above, except the case that Cambodia Airways is clearly responsible for the injury or death either intentionally or by accident. On some long-distance flights without stopovers or some special types of aircraft, it is not suitable to carry guide dogs or hearing dogs and Cambodia Airways has the right to refuse the carriage of the animals. Cambodia Airways bears no responsibility for the injury, loss, delay, disease or death of the animals after border entry or when the animals are refused border entry.

 

                     Article 9 ScheduleDelays, Cancellation of Flights

 

9.1 The timetable

9.3.1 Cambodia Airways makes every effort to abide by the published timetable transporting passengers and their luggage within a reasonable period of time. Flight time and plane model shown in schedule or other places are not guaranteed, but just predetermined time and models and do not form part of the contract of carriage. Timetables or other publications of schedules or statements and representations made by employees, agents or representatives of Cambodia Airways as to the dates or times of departure and arrival or the operation of any flight are just for reference.

9.3.2 Cambodia Airways will not be liable for errors or omissions in timetables or other publications of schedules or in statements or representations made by employees, agents or representatives of Cambodia Airways , unless the errors or omissions are caused by Cambodia Airways intentionally or a knowingly reckless act or omission.

9.3.3 Cambodia Airways may change flight schedules after selling tickets. Cambodia Airways attempts to contact passengers about schedule change information, if passengers provide valid contact information. If Cambodia Airways makes a major change of flight timetable that passengers cannot accept and Cambodia Airways cannot arrange acceptable alternative flight accommodations for customers after selling the tickets, passenger can request a refund in accordance with the provisions of chapter eleven, article 5.

9.2 The cancellation and changes of flights

As one of the following conditions, Cambodia Airways may cancel, terminate, modify, extend or delay the flights without prior notification.

9.2.1 To abide by the laws, regulations and orders of the state.

9.2.2 To guarantee the safety of flight

9.2.3 A reason carrier cannot control or predict

9.3 Arrangements for Irregular flights

Due to one of the 9.2 listed reasons, if Cambodia Airways cancels or delays its flight or fails to provide an already reserved seat to the passenger(including desired class) ; or causes passengers fail to arrive at the point of stopover or destination, or causes passengers holding reserved seats flight to miss connections, it will consider the reasonable needs of travelers to take the following measures for passengers to select:

9.3.1 Rebook the passenger on its first subsequent flights on which space is available or assist the passenger in rebooking on another carrier.

9.3.2 Provide a refund according to the relative regulations about involuntary refund in 11. 5 of Article 11.

9.3.3 Assist the passenger in certain services such as accommodations and ground transportation.

9.4 Limited liability

In addition to those measures above, Cambodia Airways takes no further responsibility to the passenger unless otherwise stated in the Convention.

9.5 Delay of exemption

Cambodia Airways will take all necessary measures to avoid delay of passengers and baggage. Cambodia Airways does not assume responsibility if it has taken all necessary measures or it is impossible to adopt the measures.

 

Article 10 Ticket Changes

 

10.1 When a passenger who has not yet begun travelling or has begun travelling but has not yet reached their destination requests to change the specified unused flight, destination, seat class, flight or the validity period of the Ticket, it is defined as a voluntary itinerary change. When the Carrier cancels the flight for which space is reserved, cancels the landing at the destination or the stopovers of the passenger, does not fly reasonably according to the schedule, or cannot provide reserved space, and causes the passengers to change their itinerary, it is defined as an involuntary itinerary change.

10.2 The handling of voluntary itinerary changes of flight and date will be carried out in accordance with the following regulations:

10.2.1 After the itinerary change, the difference in fare and charges from the original routing shall be made up by the passenger.

10.2.2 After the itinerary change, the validity period of the new ticket shall be the same as the original one and it will be counted from midnight of the following day after the beginning of transportation specified on the first flight coupon of the original ticket.

10.2.3 If a flight or date change is requested after the passenger purchases the ticket, Cambodia Airways and its authorized sales agent enterprise will handle the arrangement and provide an available seat on the flight and time allows.

10.3 If the execution of 9.2 in Article 9 causes the passenger to have an involuntary itinerary, the Carrier shall, with due consideration to the passenger’s reasonable needs, either:

10.3.1 Rebook the passenger on the first flight where space is available or endorse the ticket to another Carrier.

10.3.2 Change the passengers’ flight and arrange the passenger’s flight or endorse his or her ticket to another Carrier to send the passenger to the destination or stopover.

10.3.3 Handle the problem according to the regulations 11.5 of Article 11 (involuntary refunds) of these conditions.

10.3.4 Assist the passenger in services such as accommodation and ground transfers. The expenses of the passenger from departure are the responsibility of the passenger.

10.4 When the Carrier causes the passenger to change his flight involuntarily; the Carrier should handle the problem according to the regulations of 10.3.1, 10.3.2 and 10.3.3 in this article. In addition, such services as a rest area, beverages, meals, accommodations and some other necessary services shall be provided to the passenger at no charge in accordance with Cambodia Airways’ Regulations.

10.4.1 The Carrier causes the passenger to cancel his reserved flight.

10.4.2 The Carrier’s flight does not stop at the destination or stopover of the passenger.

10.4.3 The Carrier does not reasonably arrange the schedule of the flight.

10.4.4 The Carrier does not provide the travelers with pre-reserved seats.

10.4.5 The Carrier causes the passenger to miss the reserved connecting flight.

 

 Article 11 Ticket Returns

 

11.1 General

11.1.1 On failure by Cambodia Airways to provide carriage in accordance with the contract of carriage, or where a passenger requests a voluntary change of his or her arrangements, a refund for an unused ticket or portion thereof shall be made by Cambodia Airways or its authorized agent in accordance with this Article and with Cambodia Airways’ Regulations.

11.1.2 The passenger should request a refund within the validity period of the Ticket. Cambodia Airways may refuse a refund where application is made after the expiry date of the validity of the Ticket.

11.2 Place for refund

A refund should be made at the place where the ticket was issued or another place agreed by Cambodia Airways.

11.3 Currency

All refunds will be subject to government laws, and related regulations of the country in which the ticket was originally purchased and of the country in which the refund is being made. Refunds will be made in the currency in which the ticket was paid for, or in the currency of the country where the ticket was purchased or where the refund is being made.

11.4 Person to whom refund will be made, documents needed and discharge

11.4.1 Cambodia Airways shall be entitled to make a refund to the person named in the ticket.

11.4.2 If a ticket has been paid for by a person other than the passenger named in the ticket, the person applying for the refund must provide an original copy of an identification document of the person named on the ticket as well as a letter of authorization from that person while providing an original copy of his/her own identification document.

11.4.3 Except in the case of lost tickets, refunds will only be made on surrender to Cambodia Airways of the passenger coupon or passenger receipt and surrender of all unused flight coupons. The passenger who buys an electronic ticket should show his or her valid identity card.

11.5 Involuntary Refunds

Because of one of the reasons listed in 3.6.1 of Article 3 and 9.2 of Article 9, refunds will be made according to following regulations upon the passenger’s request:

11.5.1 If no portion of the Ticket has been used, the entire paid fare will be refunded.

11.5.2 If a portion of the Ticket has been used, as provided in Cambodia Airways’ Regulations, the refund amount is equal to the applicable fare for the part of the journey not traveled. No cancellation charge will be collected.

11.6 Voluntary Refunds

If the passenger wishes to refund his/her ticket, the amount of the refund shall be calculated in following regulations:

11.6.1 If no portion of the Ticket has been used, an amount equal to the fare paid, less any reasonable service charges or cancellation (refund) fees.

11.6.2 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.

11.7 Right to Refuse Refunds

11.7.1 Cambodia Airways may refuse refunds when a ticket is not permitted to be refunded according to applicable fares or Cambodia Airways’ Regulations.

11.7.2 Cambodia Airways may refuse a refund on a ticket which has been presented to Cambodia Airways or to government officials of a country as evidence of intention to depart therefore, unless the passenger establishes to Cambodia Airways’ satisfaction that he/she has permission to remain in the country or that he/she will depart therefore by another carrier or another means of transport.

 

 

                                  Article 12 Conduct Aboard Aircraft

 

12.1 general provisions

If passengers’ behavior conducts aboard the aircraft have endangered the aircraft or any person or property on board, or obstructed the crew in the performance of their duties, or failed to comply with any instruction of the crew, or behaved in a manner to which other passengers may reasonably object, Cambodia Airways may take all measures that it deems necessary to prevent continuation of such conduct, including restraint of the passenger.

12.2 Electronic equipment

Passengers are prohibited from operating portable radios, mobile phones (including mobile phones in airplane mode), interphones, or transmitting devices including radio controlled toys and radio transmitters which Cambodia Airways considers will interfere with security of flight on board. Without Cambodia Airways' permission, passengers cannot use any electronic devices except hearing aids and heart pacemakers. Portable power source is not permit during the flight. It is forbidden to carry the rated power more than 160Wh (watt hour) of mobile power supply board.

12.3 Non Smoking On board

All flights of Cambodia Airways are non-smoking (including e-cigarette), and smoking is prohibited in all areas of the aircraft.

12.4 Safety belt

After taking their seats, passengers are required to fasten their safety belts.

 

                                        Article 13 Common service

 

13.1 Cambodia Airways is not liable for the ground transportation service in the airport area or between airport and city downtown area or between the airport and another in the same city. Cambodia Airways is not liable for the acts or negligence of providers who conduct ground transportation service.

13.2 Passengers’ accommodation fees at a connecting point are the responsibility of the passenger.

13.3 During flight flying, Cambodia Airways provides passengers corresponding drinks and meals. Cambodia Airways can charge passengers accordingly, if they demand other services in excess of the subscription.

 

 

Article 14 Additional Service Arrangements

 

14.1 If in the course of concluding the contract of carriage by air, Cambodia Airways agrees to make arrangements for the provision of additional services, Cambodia Airways is not liable to the passenger for any damage, loss or expense whatsoever arising from or in connection with such arrangements. If Cambodia Airways arranges non-air-carriage services provided by a third party for the passenger, or provides the passenger with a coupon or receipt certificate for non-air-carriage services provided by a third party including ground carriage, hotel reservations or vehicle rental, when arranging the aforementioned services, Cambodia Airways is merely acting as an agent for the passenger, and does not assume responsibility for whether the passenger receives these services or not, and does not guarantee their quality. The provisions and regulations of the third party service provider are applicable to these services.

14.2 If Cambodia Airways also provides ground carriage for the passenger, these conditions are not applicable to the ground carriage service.

 

 Article 15 Administrative Procedures

 

15.1 General

15.1.1 The passenger shall be solely responsible for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through and with Cambodia Airways’ Regulations and instructions.

15.1.2 Cambodia Airways shall not be liable for any aid or information given by any agent or employee of Cambodia Airways to any passenger in connection with obtaining necessary documents or visas or complying with such laws, regulations, orders, demands, and travel requirements, whether given in writing or otherwise; or for the consequences to any passenger resulting from his failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.

15.2 Travel Documents

15.2.1 The passenger shall present all exit, entry, health and other documents required by laws, regulations, orders, demands or requirements of the countries concerned, and permit Cambodia Airways to take and retain copies thereof.

15.2.2 Cambodia Airways reserves the right to refuse carriage of any passenger who has not complied with applicable laws, regulations, orders, demands or requirements or whose documents do not appear to be in order, or who does not permit Cambodia Airways to take and retain copies thereof.

15.3 Refusal of Entry

15.3.1 The passenger agrees to pay the applicable fare whenever Cambodia Airways, on government order, is required to return a passenger to his point of origin or elsewhere owing to the passenger’s inadmissibility into a country, whether of transit or of destination.

15.3.2 The fare collected for carriage to the point of refusal of entry or deportation will not be refunded by Cambodia Airways.

15.4 Fines, Detention Costs, etc.

If Cambodia Airways is required to pay or deposit any fine or penalty or to incur any expenditure by reason of the passenger’s failure to comply with laws, regulations, orders, demands and travel requirements of the countries concerned or to produce the required documents, the passenger shall on demand reimburse Cambodia Airways any amount so paid or deposited and any expenditure so incurred.

15.5 Customs Inspection

15.5.1 If required, the passenger should be present at the inspection of his/her baggage, checked or unchecked, by customs or other government officials.

15.5.2 Cambodia Airways is not liable to the passenger for any loss or damage suffered by the passenger through failure to comply with the above-mentioned requirement.

15.6 Security Inspection

The passenger shall submit to any security checks by government or airport officials or by Cambodia Airways.

15.7 Laws and Regulations

Cambodia Airways is not liable if it determines that what it understands to be applicable law, government regulation, demand, order or requirement requires that it refuse and it does refuse to carry a passenger.

 

Article 16 Liabilities and Limitations

 

16.1 Subject to any limit under the Montreal convention,and the limit provided below,Cambodia Airways will be liable for damages to the passenger occurring on the aircraft or while boarding or descending the aircraft.

16.2 Cambodia Airways will be liable for any destruction, loss or damage to checked baggage occurring during carriage in flight or within a period controlled by Cambodia Airways. However, Cambodia Airways will not liable for damage to baggage (including checked baggage, unchecked baggage and hand baggage) if it is caused by the defect, quality or flaw of the baggage.

16.3 Cambodia Airways will liable for the damages of unchecked baggage and hand baggage caused by the mistake of Cambodia Airways, its employees or agents.

16.4 Cambodia Airways will be liable for the damage to the passenger and baggage caused by Cambodia Airways’ delay in the transportation. However, Cambodia Airways will not be liable for these damages if Cambodia Airways’ proves that it or its employee or agent has taken all reasonable measures to avoid the damage or that it was impossible for him/her to take such a measure.

16.5 When a ticket is used for carriage by Cambodia Airways and another carrier or is a non-stop passenger ticket, those carriages should be viewed as separate. Cambodia Airways is liable only for damage occurring on its own carriage flights. Cambodia Airways issuing a ticket or checking baggage over the lines of another carrier does so only as an agent for that other carrier. For checked baggage, the passenger may seek compensation from the carrier that is listed first or last on the ticket or baggage check.

16.6 If it is confirmed that the damages mentioned in this article are caused or facilitated by the faults of the claimant or the one from whom the claimant obtains rights, Cambodia Airways will be exempted from liability or just bear reduced responsibilities according to the degree of such faults which have caused or facilitated the losses. If it is confirmed by Cambodia Airways that a person other than the passenger requires compensation for the passenger’s injury or death and such injury or death is caused or facilitated by the passenger’s own fault, Cambodia Airways will be exempted from liability or just bear reduced responsibilities according to the degree of such faults which have caused or facilitated the injury or death.

This provision is applicable to all liability provisions in this article.

16.7 Cambodia Airways’ liability for compensation is limited to compensatory damages according to these conditions. Cambodia Airways does will not undertake any punitive, exemplary or any other non-compensatory damages under any circumstances.

16.8 The specific items and calculation standards for liabilities for compensation mentioned in this article are determined by the law of the Kingdom of Cambodia.

When passengers appoint to request compensation from Cambodia Airways, proof of the reasonableness of the aforementioned requests for compensation needs to be provided according to the request of Cambodia Airways.

16.9 Compensation liability limitations for physical harm

Under the situations listed below, Cambodia Airways does not assume responsibility for any part of damage compensation exceeding the then-applicable limit of special drawing rights created for each passenger according to 16.1.

16.9.1 Injury or death caused to passengers that is not caused by the mistake or other misconduct or inaction by Cambodia Airways, its employees or agents.

16.9.2 Injury or death to a passenger that is caused by the mistake or other misconduct or inaction by a third party.

16.10 Delay and baggage, goods and compensation liability limitations

For damage caused due to delay during the passenger’s carriage, the compensation owed by Cambodia Airways to each passenger will be limited to the then-applicable limit under the Montreal convention

For damage caused by the destruction, loss, damage or delay of baggage during baggage carriage, the compensation owed by Cambodia Airways to each passenger will be limited to the then-applicable limit under the Montreal convention.

16.11 For passengers that accept checked baggage and do not raise any objection initial at the place of acceptance, this will be regarded as initial evidence of Cambodia Airways having already completed its obligation of transporting the baggage and handing it over to the passenger in its complete state.

If the passenger discovers that the checked baggage has been destroyed or damaged, he/she should raise an objection to Cambodia Airways in writing within seven days of the day he/she collected the checked baggage. If the passenger discovers a delay with the baggage, he/she should raise an objection to Cambodia Airways in writing within 21 days of the collection of the baggage.

 

 Article 17 Miscellaneous

 

17.1 There are two versions of these Conditions, a Chinese version and an English version. In the event of any language dispute, the English version will be taken as final.

17.2 These conditions have been put on record in the Authority of Cambodia Transportation and will officially come into effect and be implemented on 21-May-18. For contracts of carriage settled after this date, these conditions shall be used.

17.3 Unless otherwise provided by the Convention or any applicable law, government regulations, orders or requirements these Terms and Conditions and any carriage which we agree to provide you with (in respect of yourself and/or your Baggage) shall be governed by the laws of Cambodia and any dispute between you and us concerning or arising out of such carriage in any way whatsoever shall be subject to the non-exclusive jurisdiction of the Courts of Cambodia.

17.4 After these conditions come into effect, Cambodia Airways has the right to amend the text of these conditions. However, for reserved contracts of carriage made before the date of the new “Cambodia Airways Co., Ltd. General Conditions of Carriage for Passengers and Baggage” coming into effect, these conditions will still be used.

Cambodia Airways Co., Ltd. has the right to interpret these conditions.