HAPPY AIR TRAVELLERS CO., LTD.

Terms & Conditions of Carriage.

Happy Air Travellers is solely committed in providing. All customers’ standard air transportation with first class service. In order for us to continually improve our services. Certain aspects of our booking and travelling requirements are designed to reflect this statement.

1. DEFINITIONS

1.1. MEANING: In these Terms & Conditions, these particular expressions have the following meanings:

· “WE”, “US”, “OUR” and “OURSELVE”, or “CARRIER”, or “HAPPY AIR” means Happy Air Travellers Co., Ltd. A private Thai limited company who operate Happy Air Travellers scheduled charter and charter airline.

· “YOU”, “YOUR”, “YOURSELF”, and “PASSENGER” mean any person, except members of the crew, carried or to be carried in an aircraft with our consent.

· “BAGGAGE” means your personal property accompanying you in connection with your trip. Unless otherwise specified, it includes both your checked and unchecked baggage.

· “BAGGAGE CHECK” means document issued to passenger by us as a receipt for Checked Baggage and which relate to the carriage of Checked Baggage Identification Tag.

· “CHECKED BAGGAGE” means baggage of which we take custody and for which we have issued a Baggage Identification Tag.

· “BAGGAGE IDNEIFICATION TAG” means a document issued by us solely for identification of Checked Baggage.

· “UNCHECKED BAGGAGE” means any baggage any other than Checked Baggage include all items bought by you into the aircraft cabin.

· “CONDITION OF CONTRACT” means those statements contained in or delivered with the Itinerary, identified as such and which incorporate by reference, these Terms & Conditions and notices available at our offices and check-in counters.

· “DAMMAGE” include death, bodily injury to a passenger, delay, loss partial loss or other damage, arising out of or in connection with carriage or other services incidental thereto performed by us.

· “ROUTE” means the flight from the airport at the point of origin to the airport at the point of destination.

· “SEAT” means seat in our aircraft.

· “ELECTRONIC TICKET” means the Itinerary issued by us or on our behalf, the Electronic Coupon and if applicable, a boarding document.

· “FLIGHT COUPON” means that portion of the Ticket that bears the notation “good for passage” or “good for one passenger” and indicates the particular places between which you are entitled to be carried.

· “ITINERARY or TRAVEL ITINERARY” means the document we issue to passenger that includes the Passenger’s name, flight information, booking number, Condition and notices.

· “TARIFF” means our fares and charges published electronically or on paper.

· “T ICKET” means the Itinerary and include electronic ticket and Electronic coupon issued by us or on our behalf and including the condition of contract and notices contained in it.

· “TERMS & CONDITIONS” means these Terms & Conditions of carriage.

· “WEBSITE” means the internet site www.happyair.co.th provided by us for the purpose of passengers making online bookings and to access information about us.

1.2. Force Majeure: means an extraordinary event or circumstance beyond the control of the parties, such as war, strike, riot, crime, act of nature (e.g., flood, earthquake, and tsunami), prevents one or both parties from fulfilling their obligations under the contract. Passenger asserting Force Majeure as an excuse shall have the burden of proving that reasonable steps were taken (under the circumstances) to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that Happy Air was timely notified of the likelihood or actual occurrence which would justify such as an assertion, so that other prudent precautions could de contemplated.

1.3. Captions: The title or caption of each Article of these Terms & Conditions is for convenience only and is not to be used for interpretation of the text.

2. APPLICATION

2.1. General: These Terms & Conditions apply to the carriage by air or by other means of transportation including surface transportation of Passengers and Baggage performed by us or on our behalf and to any liability we may have in relation to that carriage and transportation.

2.2. Terms & Conditions Prevail: Except as provided in these Terms & Conditions, in the event of inconsistency between these Term & Conditions and our Conditions of Contract or any other regulation we may have dealing with particular subjects, these Terms & Conditions shall prevail.

2.3. Language: The language of these Terms & Conditions is English and even though there may be translations of these Terms & Conditions in other language, English shall be the sole language used in the interpretation of these Terms & Conditions.

3. TICKET / ITINERARY

3.1. Prima Facie Evidence of Contract: The Itinerary is prima facie evidence of the contract for carriage between passenger and us. The itinerary, these Terms & Conditions and our Conditions of Contract (including applicable Tariffs) together constitute the terms and conditions of the contract of carriage between you and us.

3.2. Transferability: The contract for carriage is only transferable as provided in these Terms & Conditions and our Conditions of Contract.

3.3. Validity: The Itinerary is only valid for the Passenger named and the flight specified therein.

3.4. Identity: We will provide carriage only to the Passenger named in the Itinerary or Electronic Ticket. You will be required to produce appropriate identification at check-in.

4. FARES

4.1. General: Fares apply only to carriage from the airport at the point of origin to the airport at the point of destination. Fares exclude ground transport services between airports and between airports and town terminals unless otherwise specifically stated by us. We are strictly a point-to-point carrier and shall not be responsible to you for any connecting flights. We shall not be liable to you for your failure to meet any connecting flights.

4.2. Infants: The fees for infants under the age of two (2) years (on the date of travel) but above eight (8) days old are at 10% charge of the initial adult fare. An infant may travel provided he sits on an adult's lap. Only one (1) infant is allowed for one (1) adult. No perambulators are allowed on board the aircraft.

4.3. Government Taxes, Charges and Insurance Surcharge: Any government taxes, charges or insurance surcharge imposed on air travel by the Government, relevant authority or the airport operator in respect of your use of any of our services or facilities will be in addition to our fares, administration fees and charges and shall be borne by you, unless otherwise specifically stated by us. Such government taxes, charges and insurance surcharge imposed on air travel may change from time to time and can be imposed even after the date that your booking has been confirmed. You shall nevertheless bear such government taxes, charges or insurance surcharge as and when they fall due prior to departure.

4.4. Currency: Fares and charges are payable in the currency prescribed with our published fares unless otherwise specifically stated by us.

4.5. Accuracy: All fares, prices, flight schedules, routes published, prebooked products and services are correct at the time of publication and are subject to change at any time and from time to time without prior notice.

4.6. Applicable Fares: Applicable fares are those published by us or on our behalf, whether electronically or by way of other medium. Fares may exclude administration fees, service charges and other charges unless otherwise specifically stated by us.

5. BOOKING OF SEATS

5.1. Confirmation of booking: The booking of a Seat is confirmed after full payment of the fare is made and after we issue you a booking number and/or the Itinerary. Once confirmed, the booking cannot be cancelled and payments made are not refundable.

5.2. Group Booking: Booking of more than 5 passengers must be made via our call center at 076-327777-80.

5.3. Flight Change: Once a booking number has been issued, any changes to the booking must be made through our call center at 076-327777-80 and subject to the following conditions and fees:

· Inside of seventy-two (72) hours prior to the scheduled flight departure time, no charges are allowed. The charges for flight change less than seventy-two (72) hours prior to the scheduled flight departure time is 500 baht per person per flight and only for one time only.

· Route change only allow for domestic flights only. The charge for route change prior to the scheduled flight departure time is 500 baht per person per route and only for one time only.

If booked online;

· Changes of passenger name and travel date must be made through our call center at 076-327777-80. Within 24 hours before initial travelling date and time. The charge is the change is 500 baht per person per flight and only for one time only.

5.4. Promotional Fares: Article 5.3 regarding Flight Change rules and Article 5.5 regarding Name Change do not apply to certain selected promotional fares.

5.5. Name Change: Only allow for one time only at 500 baht and must be made through our call center at 076-327777-80.

5.6. Payment: Fares must be paid in full when a booking is made. In the event that the fare has not been paid in full for any reason whatsoever, we reserve the right to cancel the booking prior to check-in and/or to disallow you to board the aircraft.

5.7. Personal Data: You hereby acknowledge and agree that your personal data has been given to us for the purposes of making bookings for carriage and providing you with confirmation of that booking, providing and developing ancillary services and facilities, facilitating immigration and entry procedures, accounting, billing and auditing, checking credit or other payment cards, security, administrative and legal purposes, credit card issuance, systems testing, maintenance and development, statistical analysis, and helping us in any future dealings with you. For these purposes, by entering into a contract of carriage with us you authorize us to retain and use your personal data and to transmit it to our own offices, authorized agents and third party business associates, government agencies, other carriers or the providers of the services mentioned above.

5.8. Seating: No advance seat reservation (ASR) would be offered to the passengers during reservation stage. Seat allocation will only be allocate by us before check-in for aircraft weight balance purposes.

6. CHECK-IN AND OTHER REQUIREMENTS OF CARRIAGE

6.1.1. Check-in, Deadlines and Conditions: Our check-in counters are open two (2) hours before the scheduled flight departure time. The counters close forty-five (30) minutes before the scheduled flight departure time. Check-in deadlines may vary at different airports and for particular flights. It is your responsibility to ensure that you comply with these deadlines particulars of which will be available at the time you make your booking. In any event, without derogating from the generality of other provisions of these Terms & Conditions governing the right of refusal of carriage, we reserve the right not to allow you to check in without any liability to you and without having to refund to you any fare paid:

a. If you cannot check-in within thirty minutes before your scheduled flight departure time;

b. If you fail to have proper identification or fail to identify yourself to our staffs;

c. If you fail to have the proper documents, permits, visa, necessary for travel to a particular place or country;

d. If you have not fully paid any fare or other fees or charges due to us;

e. If you have been violent to our staff or caused disturbance at our counter or have abused our staff whether physically or verbally;

f. If the Government or other authorities prohibits your checking in or boarding the aircraft;

g. If in our judgment, you are not fit to travel due to drunkenness or any obvious medical condition; and/or

h. If in our judgment, you are not medically fit to travel or your medical condition poses or could pose a danger or threat to the health of other passengers.

6.1.2. Unavailability of Seat: There is a chance a seat may not be available for you on your flight even if your booking is confirmed. This is due to the common practice in the airline industry of overbooking. In the event of such unavailability of seat, we shall at our option, either:

a. Carry you at the earliest opportunity on another of our schedule services on which space is available without additional charge and, where necessary, extend the validity of your booking; or

b. Find you the best alternate means of travel to the destination. At earliest opportunity without additional charge; or

c. Should you choose to travel at another time, retain the value of your fare in a credit account for your future travel provided that you must re-book within one (1) month therefore; or

d. Make refund to you in accordance with these terms and Conditions.

6.1.3. Sole remedies: The options outlined in Article 6.1.3 (a) to (d) are the sole and exclusive remedies available to you and we shall have no further liability to you.

6.2. Boarding: You must be at the boarding gate at least forty (30) minutes before the scheduled flight departure time.

6.3. No-Show: If you fail to check in on time or fail to board the aircraft by the time the aircraft departs, the fare you paid will not be refunded to you for any reason whatsoever.

6.4. Compliance: You are solely responsible for complying with all laws, regulations, orders, demands and requirements of countries flown from, into or over and with our Terms & Conditions, notices and instructions given by us relating thereto. We shall not be liable in any way whatsoever to you in connection with obtaining necessary documents or complying with such laws, regulations, orders, demands, notices, requirements or instructions, whether given orally or in writing or otherwise, or for the consequences to you resulting from your failure to obtain such documents or to comply with such laws, regulations, orders, demands, notices, requirements or instructions.

6.5. Travel Documents: You are responsible for obtaining and must possess and have available for presentation as required by the relevant authorities all entry and exit, health and other documents required by law, regulations, order, demands or requirements of the countries flown from, into or over. We reserve the right to refuse carriage to any Passenger who has not complied with, or whose documents do not appear to comply with, such applicable laws, regulations, orders, demands or requirements.

6.6. Document Advisory

Domestic Route: Adults are required to produce their original identity card or passports for all domestic flight. Copies of children’s birth certificates or identity cards are required before they are allowed to board.

International Routes: All passengers traveling on international routes must possess valid passports with at least six (6) months’ validity and the applicable valid visas. Such passengers shall posses a return on an onward journey ticket.

6.7. Refusal of Entry: You agree to pay the applicable fare and/or penalties or fines whenever we, on order of any Government or immigration authority, are required to return you to your point of origin or elsewhere, owing to your inadmissibility into a country, whether of transit or destination. In such circumstances we will not refund the fare to you.

6.8. 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 or other travel requirements of the countries flown from, into or over or to produce the required documents, you shall on demand reimburse to us any amount so paid or expenditure so incurred or to be paid. We may apply towards such payment or expenditure the value of any carriage unused by you, or any funds due to you in our possession.

6.9. Security Inspections: You shall submit to any security or health checks by Government or airport officials or by us.

7. REFUSAL AND LIMITATION OF CARRIAGE

7.1. Right to refuse carriage: We may refuse carriage of you or your baggage for reasons of safety or if, in the exercise of our reasonable discretion, we determine that:

a. such action is necessary for reasons of safety or security;

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

c. your conduct, status, age or mental or physical condition or the physical condition of your baggage is such:

(i) as to cause reasonable fear of harm, to other passengers or to our crew; or
(ii) that you may pose a hazard or risk to yourself, other persons or to property;

d. you have committed misconduct on a previous flight and there is a reasonable likelihood that such conduct may be repeated;

e. you have not observed, or are likely to fail to observe, our instructions;

f. you have refused to submit to a security check;

g. the applicable fare or any charges or taxes payable have not been paid;

h. the payment of your fare is fraudulent;

i. you do not have the proper documents for travel;

j. the booking of our Seat has been done fraudulently or unlawfully or has been purchased from a person not authorized by us;

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

l. the Itinerary or booking or Electronic Ticket is counterfeit or fraudulently obtained;

m. the Itinerary has been altered by anyone other than us or our authorized agent, or has been mutilated (in which case we reserve the right to retain such documentation); and/or

n. the person checking in or boarding cannot prove that he is the person named as the passenger on the Itinerary (we reserve the right to retain such Itinerary in this circumstance).

7.2. Unaccompanied Child: Children below age 12 will not be accepted for carriage unless they are accompanied by a person of at least 18 years of age.

7.3. Passengers with reduced mobility / medical condition: For safety reasons Happy Air can carry only a maximum of 4 passengers per flight who have reduced mobility* provided that quadriplegic passengers are limited to not more than 2 per flight. Under certain circumstances we may require the passenger to travel with a companion. Please refer to 7.3.1 (Travel with a Companion).
* “reduced mobility” refers to paraplegic or quadriplegic passengers.

Passengers with illnesses or a medical condition are required to produce a medical certificate at check in confirming that they are fit to fly. For the safety of other passengers we reserve the right to deny boarding passengers suffering from infectious, contagious or chronic diseases.

Passengers with specific requirements requiring special assistance and passengers with illnesses are requested to contact our call centre at least 48 hours before the scheduled flight departure date to make a prior arrangement with us for the type of special assistance required. Failure to notify us will result in the service being unavailable upon your arrival at the airport and you being refused carriage. For health and safety reasons passengers with specific requirements must check-in at the airport.

7.3.1. Travel with a companion: We may require that you travel with a companion if:-

a. it is essential for safety; or

b. the passenger is unable to assist in his own evacuation from the aircraft; or

c. the passenger is unable to understand safety instructions.

7.3.2. Seating: We will make reasonable seating accommodations for Passengers with specific requirements in accordance with applicable laws. We reserve the right to re-assign seats at any time, including after boarding of the aircraft. This may be necessary for operational, safety, government regulatory, health or security reasons

7.4. Pregnant Passengers: It is the duty of pregnant passengers to advise us of the progress of their pregnancy at the point of booking of Seat and at the check-in counter. Our carriage of pregnant passengers are subject to the following conditions:

a. Pregnancy up to 27 weeks (inclusive): we will accept without a doctor's certificate subject to the passenger signing a Limited Liability Statement.

b. Pregnancy between 28 weeks to 34 weeks (inclusive): passenger shall produce a doctor's certificate confirming the number of weeks of pregnancy and that she is fit to travel which certificate shall have been issued not more than seven (7) days before the scheduled flight departure date. The passenger will be required to sign a Limited Liability Statement.

c. Pregnancy 35 weeks and above: we will refuse carriage.

7.5. Infant less than 8 days-old: We reserve the right not to carry infants less than eight (8) days-old.

7.6. No refund: We reserve the right not to refund fares, surcharge and other fees to passengers who are refused for carriage.

8. BAGGAGE

8.1. Items Unacceptable as Baggage or to be carried Inside Baggage: We reserve the right to refuse carriage of such baggage or such items found in baggage as follows:

a. Items which are not properly packed in suitcases or other suitable containers in order to ensure safe carriage with ordinary care and handling;

b. Items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA) and in our Terms & Conditions and Conditions of Contract.

c. Items the carriage of which are prohibited by the applicable laws, regulations or orders of any state or country to be flown from, to or over;

d. Items which in our reasonable opinion are unsuitable for carriage by reason of their weight, shape, size or character;

e. Fragile or perishable items;

f. Live or dead animals;

g. Human or animal remains;

h. Fresh or frozen seafood or other meats provided that such items may be carried on board as hand luggage only if we are satisfied that they have been properly packed. Strictly only styrofoam and/or cooler boxes that contain dry food/non-perishables are allowed to be checked-in after inspection of contents by relevant authorities. Should passengers refuse inspection, we have the right to reject admission of luggage;

i. Firearms and ammunition;

j. Explosives, flammable or non-inflammable gas (such as aerosol paints, butane gas, lighter refills) refrigerated gas (such as filled aqualung cylinders, liquid nitrogen), flammable liquids (such as paints, thinners, solvents) flammable solids (such as matches, fire lighters), organic peroxides (such as resins), poisons, infective substances (such as viruses, bacteria), radioactive material (such as radium) corrosive materials (such as acid, alkali, mercury, thermometers), magnetic substances, oxidizing materials (such as bleaches).

k. Weapons such as antique firearms, swords, knives and similar items provided that such items may be allowed as checked baggage at our absolute discretion for very special reasons. These cannot be carried into the aircraft for any reason whatsoever.

8.2. Valuable and Fragile Goods: Passengers are strongly advised not to check in such items as baggage. If they are checked in as baggage, passengers agree they send for carriage of such items at their own risk. Such items include money, jewellery, precious metals, silverware, electronic devices, computers, cameras, video equipment, negotiable papers, securities or other valuables, passports and other identification documents, title deeds, artifacts, manuscripts and the like.

8.3. Animals: If we agree to carry your animals they will be carried subject to the following conditions:

a. We shall accept only domestic animals such as dogs and cats. The animal must be healthy, harmless, clean and odorless. You must ensure such animals are properly crated. Note that females may not be in heat. Such carriage may be subject to additional conditions specified by us.

b. We shall accept live animal together with its container as special baggage, and it shall be subject to a cost of 250 Baht/animal providing that the total weight (including container’s weight but not including the baggage allowance) must not exceed 15 kg. In case of excess weight, you shall be charged at the additional rate of 250 Baht. However, the total weight must not be over 30 kg. The size of the container must be large enough so the animals can stand upright or lie down in comfort. The container must not be leak, which can prevent the escape, and must be claw proof and fit for air transport.  The animals are required to travel in the cargo area. The passenger must make all arrangements and assume full responsibility for complying with any applicable laws, customs, and/or other governmental regulations, requirements or restrictions of the state to which the animal is being transported.  Please contact the appropriate State governmental agency for additional regulations and requirements.

c. Where carriage is not subject to the liability rules of the Convention, we are not responsible for injury to or loss, sickness or death of an animal which we have agreed to carry unless we have been negligent.

d. Guide dogs accompanying Passengers with disabilities will be carried free of charge in addition to the normal free baggage allowance, subject to conditions specified by us.

8.4. Item Require Special Handling: Such items as surfboard, archery equipment, bicycle, fishing equipment, which require special handling, are entitled of 250 Baht per piece even though total weight does not exceed 15 kg (the weight of these items will not be included with normal checked baggage).

8.5. Right to Search: For reasons of safety and security, we may require you to undergo a search, x-ray or other type of scan on your person or your Baggage. We reserve the right to search your Baggage in your absence if you are not available, for the purpose of determining whether you are in possession of or whether your Baggage contains any unacceptable or prohibited items. If you refuse to comply with such searches or scans we reserve the right to refuse carriage of you and your Baggage without refund of fare to you and without any other liability to you. In the event that a search or scan causes injury to you or damage to your Baggage, we shall not be liable for such injury or damage unless the same is due to our fault or negligence.

8.6. Checked Baggage: Upon delivery to us of baggage to be checked, we shall take custody thereof and issue a Baggage Identification Tag for each piece of checked baggage. Checked baggage must have your name or other personal identification affixed securely to it. Checked baggage will 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 a subsequent flight we will deliver it to the station of your destination within a reasonable time of arrival of that flight unless applicable law requires you to be present for customs clearance.

8.7. Excess Baggage: You are not entitled to transport baggage in excess of the free baggage allowance. If, in our absolute discretion, baggage in excess of the free baggage allowance is accepted for carriage, you shall pay a charge for the carriage of that excess baggage at the rate of 50 Baht per Kilogram.

8.8. Uncheck Baggage: Only one (1) piece of baggage is allowed to be carried on board provided that it does not exceed the dimensions of 41cm X 34cm X 15cm and provided that it does not weigh more than 7kg. Such baggage must fit under the seat in front of you or in an enclosed storage compartment in the cabin. Items determined by us to be of excessive weight or size or of an offensive nature will not be permitted on board.
Container or material which is not fit for transportation must be stored in the cargo and shall not be brought on board.

8.9. Collection and Delivery of Baggage: You shall collect your Baggage as soon as it is available for collection at places of destination. If you do not collect it within a reasonable time and the baggage needs to be stored at our premises, we may charge a storage fee. If Checked Baggage is not claimed within one (1) months of the time it was made available to you, we may dispose of it without any liability to you. Only the bearer of the Baggage Identification Tag delivered to the Passenger at the time the Baggage was checked, is entitled to delivery of Baggage. If a person claiming the Baggage is unable to produce a Baggage Identification Tag for identification of the Baggage, we will deliver the Baggage to such person only on condition that he has established to our satisfaction his right thereto, 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. Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is prima facie evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage between us.

8.10. Delayed Baggage: In case the baggage delivery is delayed, we may consider compensating not more than Baht 300 per person; provided that, the passenger is required to fill in the “Claim Form”, which is available at our ticketing counter at the airport, and submit it to our staff for further proceeding.

8.11. Lost Baggage: If the checked baggage cannot be returned within 14 days after arrival, the luggage is considered lost. Happy Air will pay THB 400 per kg. Of lost checked baggage with a maximum of THB 2'000 per piece of baggage, regardless of the value of the content that has been lost. Claims can be made by completing the “Claim Form” available at the Airport handling agent or Airport Ticket Counter. The final settlement amount to be deducted by the interim payment the passenger had received.

8.12. Damage Baggage: Happy Air is liable for damages to passenger's checked baggage (packaging and content) if liability has not been excluded under one of the previous sections. The passenger must report any damages to Happy Air's ground handling agent immediately after the baggage has been reclaimed at the destination airport. Happy Air will pay THB 500 per piece of baggage. Claims can be made by completing the “Claim Form” available at the handling agent or Airport Ticket Counter.

9. SCHEDULES, CANCELLATION

9.1. Schedules: We will use our best efforts to avoid delay in carrying you and your baggage. We will endeavor to adhere to published schedules in effect on the date of travel. However, times shown in timetables, schedules or elsewhere are subject to change at any time and from time to time and we shall not be liable in any way whatsoever for any loss incurred by passengers as a result of such change.

9.2. Cancellation, Change of Schedules: At any time after a booking has been made we may change our schedules and/or cancel, terminate, divert, postpone reschedule or delay any flight where we reasonably consider this to be justified by circumstances beyond our control or for reasons of safety or commercial reasons. In the event of such flight cancellation, we shall at our option, either:

e. Carry you at the earliest opportunity on another of our schedule services on which space is available without additional charge and, where necessary, extend the validity of your booking; or

f. Find you the best alternate means of travel to the destination. At earliest opportunity without additional charge; or

g. Should you choose to travel at another time, retain the value of your fare in a credit account for your future travel provided that you must re-book within one (1) month therefore; or

h. Make refund to you in accordance with these terms and Conditions.

9.3. Sole remedies: Upon the occurrence of any of the events set out in Article 9.2, the options outlined in Article 9.2 (a) to (d) are the sole and exclusive remedies available to you and we shall have no further liability to you.

10. REFUNDS AND LOST TICKET

10.1. Availability: Refund or Reimbursement is only available in the case of flight cancellation (by us) only.

10.2. Proper Person: We shall make a refund only to the person who has paid for the seat upon presentation of identification and satisfactory proof of such payment.

10.3. Refund Process: Requests for refunds must be made in writing and accompanied by the original itinerary and/or booking number, proof of payment and identification.

10.4. Lost Ticket: To expedite the process of operation in the case of lost ticket, the passenger should follow the flowing procedures:

Buy a new ticket to replace the lost ticket and submit request for reimbursement along with the following documents:

· A police statement issued from the station stating the loss.

· A copy of the ticket holder official identification.

The passenger may submit the above documents along with the claim for the buying of the new ticket. The fee for each claim is 500 baht. The passenger will be reimbursed the purchased amount within one (1) month after the submission of the claim, provided that the investigation made by us did not indicate the reusing of the lost ticket.

10.5. Right to Refuse Refund:

· We may refuse a refund where application is made after the expiry of the validity of the Ticket.

· We may refuse refund on a Ticket which has been presented to us, or to Government officials, as evidence of intention to depart from that country, unless you establish to our satisfaction that you have permission to remain in the country or that you will depart from that country by another carrier of transport.

10.6. Currency: The refund shall be governed by the law, rules and regulations or orders of the government of the country of which the booking is made. We shall refund in the same currency as the fare’s currency. However, the company reserves the right to refund in other currency as may be stated in the rules and regulations of the company.

11. CONDUCT ABOARD AIRCRAFT

11.1. If in our reasonable opinion you conduct yourself on board the aircraft so as to endanger the aircraft or any person or property on board, or obstruct or hinder the crew in the performance of their duties, or fail to comply with any instruction of the crew including but not limited to those with respect to smoking, alcohol, use of cellular telephones, or use any threatening, abusive or insulting words towards the crew or behave in a manner which causes discomfort, inconvenience, damage or injury to other passengers or the crew, we may take such measures as we deem necessary to prevent continuation of such conduct including restraint. You may be disembarked and refused onward carriage at any point and may be prosecuted for offences committed on board the aircraft.

11.2. If as a result of your conduct we decide, in exercise of our reasonable discretion, to divert the aircraft for the purpose of offloading you, then you shall be liable for all costs which we incur of any nature whatsoever as a result of or arising out of that diversion.

11.3. For safety reasons, we may forbid or limit operation on board the aircraft of electronic equipment, including but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio-controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.

11.4. Passengers are not allowed to consume their own food on board. No smoking is permitted on any of our flights.

12. LIABILITY AND LIMITATION

12.1. Warsaw, Montreal Convention Notice: If the passenger's journey involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or the Montreal Convention 1999 may be applicable and the Warsaw Convention or the Montreal Convention 1999 governs and in most cases limits the liability of carriers for death or personal injury and in respect of loss of or damage to baggage.

12.2. Notice of Baggage Liability Limitations: Liability for loss, delay or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid. Liability for domestic travel and liability for international travel vary according to the respective law.

12.3. Where Warsaw Convention is not applicable: Where your carriage is not subject to the liability rules of the Warsaw Convention, the following rules shall apply:

a. Any liability we have for Damage will be reduced by any negligence on your part which causes or contributes to the Damage in accordance with applicable law.

b. We will not be liable for Damage to Checked or Unchecked Baggage unless such Damage is caused by our negligence and such Baggage was within our control or custody.

c. Except in the case of an act or omission done with intent to cause Damage or recklessly and with knowledge that Damage would probably result, our liability in the case of Damage to Checked Baggage and Unchecked Baggage shall be limited to amount of 500 baht per baggage. If the weight of the Baggage is not recorded on the Baggage Identification Tag, it is presumed that the total weight of the Checked Baggage does not exceed the applicable free baggage allowance for the class of carriage concerned. If in the case of Checked Baggage, a higher value is declared in writing pursuant to an excess valuation facility, our liability shall be limited to such higher declared value.

d. We will not be liable for any Damage arising from our compliance with applicable laws or Government rules and regulations or from your failure to comply with the same.

e. Except where other specific provision is made in these Terms & Conditions, we shall be liable to you only for recoverable compensatory damages for proven losses and costs in accordance with applicable law.

f. We are not liable for any Damage caused by your Baggage. You shall be responsible for any Damage caused by your Baggage to other persons or property, include our property.

g. We shall have no liability whatsoever for Damage to articles or items not permitted to be contained in Checked and Unchecked Baggage including but not limited to fragile or perishable items, items having a special value, such as money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, title deeds or samples.

h. We are not responsible for any illness, or disability, including death, attributable to your physical condition or for the aggravation of such condition.

i. The contract of carriage including these Terms & Conditions and exclusions or limits of liability, applies to our authorized agents, servants, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such authorized agents, servants, employees and representatives shall not exceed the amount of our own liability if any.

j. Nothing in these Terms & Conditions of the Conditions of Contract shall waive any exclusion or limitation of our liability under the Warsaw Convention or any other applicable Convention or applicable laws unless otherwise expressly stated by us.

13. TIME LIMITATION ON CLAIM AND ACTION

13.1. Notice of Claim: Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise. If you wish to file a claim or an action regarding Damage to Checked Baggage, you must notify us as soon as you discover the Damage, and at the latest, within seven (7) days of receipt of the Baggage. If you wish to file a claim or an action regarding delay of Checked Baggage, you must notify us within twenty-one (21) days from the date the Baggage has been placed at your disposal. Every such notification must be in writing and posted or delivered to us within the above periods.

13.2. Limitation of action: Any right to damages shall be extinguished if an action is not brought against us within two (2) years of the date of arrival at the destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by law of the court where the case is heard.

14. MODIFICATION AND WAIVER

14.1. None of our agents, employees nor representatives has authority to alter, modify or waive any provisions of these Terms & Conditions.

Happy Air Travellers Co., Ltd. Reserve the right to change any condition provided herein without advance notice.