ARTICLE 1. DEFINITIONS
As used in these conditions of carriage, terms shall be defined as follows;
- 1. “ASV” means Air Seoul, Incorporated.
- 2. “PASSENGER” means any person, except members of the crew, carried or to be carried in an aircraft with the consent of Carrier.
- 3. “CARRIAGE”, which is equivalent to transportation, means carriage of passenger and/or baggage by air, gratuitously or for reward.
- 4. “CARRIER” means air carrier and includes the air carrier issuing the ticket and all air carriers that carry the passenger and/or his/her baggage thereunder, or perform or undertake to perform and other services related to such air carriage.
- 5. “CONVENTION” means the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, October 12, 1929, (hereinafter called the “Warsaw Convention”) or that Convention as amended at the Hague, September 28, 1955 (hereinafter called the “Warsaw Convention as amended at the Hague, 1955”), or Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal on May 28, 1999 (hereinafter called the “Montreal Convention”), whichever may be applicable.
- 6. “INTERNATIONAL CARRIAGE" (Except when the Convention is applicable) means any carriage in which, according to the contract of carriage, the place of departure, and any place of landing are situated in more than one country. As used in this definition, the term "country", which is equivalent to "state", includes all territory subject to the sovereignty, suzerainty, mandate, authority, or trusteeship thereof.
- 7. “TARIFFS” means ASV’s fares, rates and charges for international carriage of passengers and baggage and related rules and regulations, which are made part of these Conditions of Carriage.
- 8. “TICKET” means either the document entitled “Passenger Ticket and Baggage Check” or the Electronic Ticket, which provides for the carriage of the passenger and his/her baggage, in each case issued by ASV or the deputy designated by ASV (hereinafter in these Conditions of Carriage referred to as “Agent”), and including Conditions of Contract, notices and the coupons (including any Flight coupon and Passenger coupon) contained in it.
- 9. “PASSENGER TICKET” means those portions of the ticket issued by carrier which provide for the carriage of the passenger.
- 10. “BAGGAGE CHECK” means those portions of the ticket which provide for the carriage of passenger’s checked baggage and which are issued by carrier as a receipt for the passenger’s checked baggage.}
- 11. “ELECTRONIC TICKET” means the Itinerary/Receipt issued by ASV or on our behalf and the Electronic Coupons.}
- 12. “ELECTRONIC COUPON” means an electronic flight coupon or other value document held in ASV’s database.}
- 13. “ITINERARY/RECEIPT” means a document or documents ASV issue to Passengers travelling on Electronic Tickets that contains the Passenger’s name, flight information and notices.}
- 14. “FLIGHT COUPON” means the portion of the Passenger Ticket or the Electronic Coupon in case of an Electronic Ticket, that indicates particular places between which the coupon is good for carriage.}
- 15. “PASSENGER COUPON” means that portion of the Passenger Ticket constituting the passenger’s written evidence of the contract of carriage.}
- 16. “CONJUNCTION TICKET” means two or more tickets concurrently issued to a passenger and which constitute a single contract of carriage.}
- 17. “MISCELLANEOUS CHARGES ORDER” (“MCO” hereinafter) , or in case of electronic environment, the “ELECTRONIC MISCELLANEOUS DOCUMENT” (“EMD” hereinafter), means a document issued by a carrier or its agent, requesting issue of an appropriate Passenger Ticket and Baggage Check or provision of services to the person named in such document.}
- 18. “NORMAL FARE” means the full fare established for a normal, regular or usual service, the application of which is not dependent upon any specially limited period or ticket validity or other special circumstances.}
- 19. "SPECIAL FARE, PROMOTIONAL FARE AND EVENT FLIGHT TICKETS" mean discounted or promotional fares other than normal fares. These types of fares may be subject to certain conditions such as expiry dates and other special limitations.
- 20. “REFUND PENALTY” means a fee charged in accordance with the fare’s fund policy when refunding ticket.}
- 21. “NO SHOW PENALTY” means the charge that applies to a passenger who does not notify the ASV a cancellation his/her confirmed seat by the scheduled departure time and fails to use the confirmed space.}
- 22. “BAGGAGE”, which is equivalent to luggage, means such articles, effects and other personal property of a passenger as are necessary or appropriate for wear, use, comfort or convenience in connection with his/her trip. Unless otherwise specified, it includes both checked and unchecked baggage of the passenger. However, in the case of a more than reasonable quantity of the same article, it will be regarded that the articles are for commercial purpose and will not be considered baggage if there is no valid reason in the opinion of ASV.}
- 23. “CHECKED BAGGAGE”, which is equivalent to “registered baggage”, means baggage of which ASV takes sole custody and for which ASV has issued a baggage check and baggage (claim) tag(s).}
- 24. "UNCHECKED BAGGAGE", means luggage that a passenger carries on to and keeps in the aircraft by hand.
- 25. “BAGGAGE TAG” means a document issued by carrier solely for identification of the checked baggage, the baggage (strap) tag portion of which is attached by carrier to a particular article of checked baggage and baggage (claim) tag portion of which is given to passenger.}
- 26. “DAYS” means calendar days, including Sundays and legal holidays; provided that for the purpose of notification, the day upon which the notice is dispatched shall not be counted; and that for purpose of determining duration of validity, the balance the day upon which the ticket is issued, or flight commenced shall not be counted.}
- 27. “CHILD” means, for the purpose of discounts for children, a person of 2 years of age or over but under 12 years of age.}
- 28. “INFANT” means, for the purpose of discounts for infants, a person under 2 years of age.}
- 29. “ROUND TRIP”, which is equivalent to a return journey, means travel from one point to another and return by the same air route used outbound whether or not the fares outbound and inbound be the same, or travel from one point to another and return by an air route different from that used outbound, for which the same normal through, one-way fare is established.}
- 30. “CIRCLE TRIP” means travel from a point and return there to by a continuous, circuitous air route; provided that where no reasonable direct scheduled air route is available between two points, a break in the circle may be traveled by any other means of transportation without prejudice to the circle trip.}
- 31. “OPEN-JAW TRIP” means travel which is essentially of a round trip nature but the outward point of departure and inward point or arrival and/or outward point of arrival and inward point of departure of which are not the same.}
- 32. “DESTINATION” means the ultimate stopping place according to the contract of carriage. In the case of round trip or circle trip, the destination is the same place as the point of origin.}
- 33. “STOPOVER”, which is equivalent to a break of journey, means a deliberate interruption of a journey by the passenger, agreed to in advance by the carrier, at a point between the place of departure and the place of destination.}
- 34. “PREPAID TICKET ADVICE (PTA)” means the notification by teletype, commercial wire or mail that a person in one city has requested issuance of prepaid transportation as described in the authority, to a person in another city. Carrier may collect a service charge for the issuance of a PTA according to the applicable tariffs.}
- 35. “DAMAGE” includes death, injury, delay, loss or other damage of whatsoever nature arising out of or in connection with carriage or other services performed by carrier incidental thereto.}
- 36. “CONSEQUENTIAL DAMAGES” means damages which are reasonable out-of-pocket expenses and other provable damage incurred by passenger as the consequence of the loss, damage, or delay in the delivery of such personal property.}
- 37. “FRENCH GOLD FRANCS” means French francs consisting of 65 1/2 milligrams of gold at the standard of fineness of nine hundred thousandths.}
- 38. “AREA1” means all of the North and South American Continents and the islands adjacent thereto, Greenland, Bermuda, the West Indies and the Islands of the Caribbean Sea, the Hawaiian Islands (including Midway and Palmyra).}
- 39. “AREA2” means all of Europe (including the Russian Federation in west of the Urals) and the islands adjacent thereto, Africa and the islands adjacent thereto, Ascension Island and that part of Asia in west of the Urals, including Iran and the Middle East.}
- 40. “AREA3” means all of Asia and the islands adjacent thereto except the portion included in Area2, the Russian Federation in east of the Urals, all of the East Indies, Australia, New Zealand and the islands adjacent thereto and the islands of the Pacific Ocean except those included in Area1.}
- 41. “SOUTHWEST PACIFIC AREA” means American Samoa, Australia, Cook Islands, Fiji, French Polynesia, Kiribati, Nauru, New Caledonia, New Zealand, Niue, Papua New Guinea, Samoa (Independent State of), Solomon Islands, Tonga, Tuvalu, Vanuatu, Wallis and Futuna Islands.}
- 42. ”SDR” means a Special Drawing Right as defined by the International Monetary Fund.}
ARTICLE 2. APPLICATION OF CONDITIONS1. General
Nothing in these Conditions of Carriage and other applicable tariffs modifies or waives any provision of the Convention.2. Applicability
To the extent not in conflict with the Convention and except as excluded by ASV’s conditions in relation to carriage wholly on its own domestic services, these Conditions of Carriage shall apply to all carriage of passenger and baggage including all services incidental thereto, performed by ASV at fares, rates and charges published in connection with these Conditions of Carriage.3. Gratuitous Carriage
With respect to gratuitous carriage, ASV reserves the right to exclude the application of all or any part of these Conditions of Carriage. However, excluding the application of any Conditions of Carriage cannot violate any applicable laws, government regulations, and orders and requirements (including agreements).4. Charter Agreement
Carriage of passengers and baggage performed pursuant to a charter agreement with ASV shall be preferably subject to such charter agreement, and any others not specifically provided in the charter agreement shall be subject to these Conditions of Carriage. The passenger, by accepting carriage pursuant to a charter agreement and a carriage is performed thereunder, shall be regarded as having agreed to said agreement and these Conditions of Carriage, whether or not he has concluded the charter agreement with ASV.5. Effectiveness
All carriage of passengers and/or baggage shall be subject to these Conditions of Carriage and other applicable tariffs in effect on the date of commencement of carriage covered by the first flight coupon of the ticket. However, if the passenger is at a disadvantage, the tariffs effective at the date of ticket purchase apply.6. Change without Notice
Except as may be required by applicable laws, government regulations, orders and requirements, these Conditions of Carriage and other applicable tariffs are not subject to change without notice; provided that no such change shall apply to a contract of carriage after the carriage has been commenced.7. Code Shares
- 1) On some services ASV has arrangements with other carriers known as "Code Shares". This means that even if passengers have a reservation with ASV and hold a ticket where ASV's name or airline designator code (RS) is indicated as the carrier, another carrier may operate the aircraft. If such arrangements apply, ASV will advise passengers of the carrier operating the aircraft at the time passengers make a reservation.
- 2) For code share services on flights operated by another carrier, ASV accepts responsibility for the entirety of the code share journey for all obligations set forth in these Conditions of Carriage.
- 3) However, notwithstanding any other provisions of these Conditions of Carriage, ASV Code Share partners may, in their discretion, have rules with respect to the operation of its own flights. Such discretionary rules may differ from ASV’s rules for flights operated by ASV and do not form any part of these Conditions of Carriage. The rules with respect to operations that may differ between ASV and its partners include, but are not limited to:
- (1) Check-in procedures and time limits
- (2) Carriage of passengers with special needs and unaccompanied minors
- (3) Baggage acceptance, allowance, related charges and liability
- (4) Carriage of animals
- (5) Refusal to transport
- (6) Availability of oxygen service
- (7) Irregular operations
- (8) Denied boarding compensation
- (9) Contingency Plan for Lengthy Tarmac Delays (For departure or arrival of international flights at a covered U.S. airport)
- 4) ASV codeshare partners may provide Services. The ASV Codeshare Partner may charge a fee for any additional discretionary services it provides. Any additional services provided at the discretion of the ASV Codeshare Partner are not within ASV’s control, are subject to change at any time, and do not form any part of this Contract of Carriage between you and ASV
- 5) If you purchase the other airline other than ASV ticket for travel on flight that operated by ASV pursuant to contractual codeshare arrangements with airline other than ASV, the carrier selling such transportation is responsible for entirety of the codeshare journey for all services as provided in Subparagraph 3) above.
- 6) In the case of a Codeshare Flight to or from the United States marketed as ASV service but operated by a ASV Codeshare Partner, the operating carrier’s Contingency Plan for Lengthy Tarmac Delays required under 14 C.F.R.§ 259.4, which does not form any part of these Conditions of Carriage, shall apply at covered U.S. airports.
ARTICLE 3. TICKET1. General
A ticket will not be issued and in any case ASV will not transport the passenger until the passenger has paid the applicable fare or has complied with credit arrangement established by ASV.2. Validity for Carriage
- 1) The ticket is good for carriage from the airport at the place of departure to the airport at the place of destination via the route shown therein and for the applicable class of service and is valid for the period of time specified or referred to in Subparagraph 3) below and under conditions described in Subparagraph 2) below. Each flight coupon will be accepted for carriage on the date and flight for which accommodation has been reserved. When flight coupons are issued on “open-date” basis, accommodations will be reserved upon application, subject to the availability of space. The place and date of issue are set forth on the flight coupons.
- 2) The booking class printed on the ticket must be identical with the class indicated by the respective PNR. Passenger holding ticket which fails to meet the above condition may be denied boarding or, may board only after paying predetermined surcharges.
- 3) A ticket issued at normal fare is valid for carriage for one year from the date of commencement of carriage, or if no portion of the ticket is used, from the date of issuance of the ticket. If the ticket is for or includes fare having a shorter period of validity than indicated above, such shorter validity shall apply only in respect to transportation to which such fare applies.
- 4) The period of validity of MCO/EMD will be one year from the date of issuance. MCO/EMD must be presented for a ticket within one year from the date of issuance; otherwise it will not be honored for a ticket.
- 5) Tickets expire at midnight on the date of expiration of ticket validity. Travel on the last continuous portion by the last flight coupon of the ticket must be commenced prior to midnight of the date of expiration but may continue beyond, unless otherwise provided in applicable tariffs.
- 6) An expired ticket or MCO/EMD will be accepted for refund in accordance with Article 11
- 1) Notwithstanding Paragraph 2. above, the validity of a ticket will be extended by ASV without additional collection of fare as follows;
- (1) For no longer than 30 days beyond the original limit when ASV
- a. Cancels or postpones the flight during the period of validity;
- b. omits a scheduled stop which is the passenger’s place of departure, place of destination or place of stopover;
- c. fails to operate a flight reasonably according to schedule;
- d. cause the passenger to miss a connection;
- e. substitutes a different class of services; or
- f. is unable to provide previously confirmed spaces.
- (1) For no longer than 30 days beyond the original limit when ASV
- 2) When a passenger is prevented from travelling by reason of illness;
- 3) When a passenger dies en route, the validity of the tickets of the accompanying immediate family accompanying the passenger maybe extended by not more than 45 days after the date of death.
- 4) When a ticket is sold at a special fare containing minimum-stay requirements, the minimum-stay requirement will be waived on presentation of a death certificate or a copy thereof for passengers who are;
- a. members of the immediate family of a passenger who dies en route, or
- b. other persons actually accompanying a passenger who dies en route.
- 5) If a passenger holding a special fare ticket with a minimum-stay requirement desires to commence the return travel before the expiry of the minimum-stay period owing to the death of an immediate family member not accompanying the passenger, and a death certificate or a copy thereof is not immediately available, the passenger will be entitled to a refund of the additional amounts paid to permit earlier return, on presentation of a death certificate attesting to the death of such immediate family member after the passenger’s commencement of travel.
- 6) When a ticket is sold at a special fare containing a minimum-stay requirement, the minimum-stay requirement will be waived when the passenger by reason of illness, substantiated by a medical certificate attesting to the illness of such passenger after passenger’s commencement of travel, desires to commence return travel prior to the minimum-stay period. The passenger will be permitted to return at the special fare paid.The ticket must be endorsed “Early Return Account Illness of (name of passenger)”. A copy of the medical certificate must be retained in the files for a minimum period of 2 years.
- Note: The same provisions will apply to immediate family member(s) accompanying the passenger.
- 1) The ticket is valid only for the travel itinerary displayed on the ticket. Therefore, flight coupons (or in case of an electronic ticket, an electronic coupon) must be used in order, starting from the place of departure via any agreed transit stops (or stopping places) to the destination as shown on the passenger coupon. The fare that passengers have paid is based upon the applicable tariffs of ASV and is for the transportation as shown on the ticket. It forms an essential part of the contract between the passenger and ASV. The ticket will not be honored and will be refunded or lose its validity if all the coupons are not used in the order indicated in the ticket.
- 2) Should a passenger wish to change any aspect of his/her travel itinerary, the passenger must contact ASV in advance. The fare for the new travel itinerary will be calculated and the passenger will be given the option of accepting the new price or maintaining his/her original itinerary as ticketed.
- 3) Should you change your transportation without our agreement, ASV will assess the correct price for your actual travel. You will have to pay any difference between the price you have paid and the total price applicable for your revised transportation. ASV will refund you the difference if the new price is lower but otherwise, your unused Coupons have no value.
- 4) Please be aware that changing any aspect of his/her travel itinerary may result in a increase in price, such as changing the place of departure (for example if the passenger fails to fly the first segment of a ticketed itinerary) or reversing the direction of travel. Many fares are valid only on specific dates and for the flights shown on the ticket and may not be changed at all, or only upon payment of an additional fee.
- 5) The passenger throughout his/her journey must retain the passenger coupon and all flight coupons not previously surrendered to carrier. He/she must, when required, produce the ticket and surrender any applicable portion to carrier. Except in case of an Electronic Ticket, a passenger shall not be entitled to board a flight unless the passenger presents a valid ticket containing the flight coupon for said flight and all other unused flight coupons and passenger coupons for the scheduled itinerary. In addition, the passenger shall not be entitled to board a flight if the ticket presented has been altered or damaged by anyone other than ASV or another authorized agent. In case of an Electronic Ticket, the passenger shall not be entitled to board a flight unless he/she provides positive identification and a valid Electronic Ticket has been duly issued in his/her name.
ASV will refuse carriage to any person not in possession of a valid ticket. In case of loss or non-presentation of the ticket or the applicable portion thereof, carriage will not be furnished for that part of the trip covered by such ticket or portion thereof until the passenger purchases another ticket at the current applicable fare for the carriage to be performed. ASV will not accept a ticket if any part of it is mutilated or if it has been altered or erased by other than carrier or if it is presented without the passenger coupon and all unused flight coupon.
Notwithstanding the foregoing, ASV will issue at the passenger’s request a new ticket to replace the lost one upon receipt of proof of loss satisfactory of ASV and may collect a service charge or handling fee, and if the circumstances of the case in ASV’s opinion warrant such action; provided that the passenger agrees, in such form as may be prescribed by ASV, to indemnify for any loss or damage which ASV may sustain by reason thereof.
A ticket is not transferable, but ASV shall not be liable to the person entitled to receive such refund for honoring or refunding such ticket when presented by someone other than the person entitled to be transported thereunder or to a refund in connection therewith. If a ticket is in fact used by any person other than the person to whom it was issued, with or without the knowledge and consent of the person to whom it was issued, ASV will not be liable for death or injury of such unauthorized person or for the loss, destruction, damage, or delay of such unauthorized person’s baggage or other personal property arising from or in connection with such unauthorized use.
4. STOPOVER1. Permission of Stopover
- 1) In case of a passenger holding a ticket issued at the normal fare, stopovers within the period of ticket validity will be permitted at any scheduled stop unless government requirements or applicable tariffs do not permit such stopover.
- 2) In case of passengers holding tickets issued at special fare, stopovers will be subject to the limitations, prohibitions or additional stopover charges as provided in the applicable tariffs of ASV.
Stopovers shall be arranged with ASV in advance and specified in the passenger ticket.
ARTICLE 5. FARES, CHARGES AND ROUTINGS1. Applicable Fares and Charges
- 1) Except as otherwise provided in these Conditions of Carriage and other applicable tariffs, applicable fares and charges for carriage governed by these Conditions of Carriage and other applicable tariffs are those duly published by ASV, and shall be those in effect on the date on which full payment is made, for travel on the specific dates and journey shown on the ticket. When the fares or charges collected are not the applicable fares or charges, the difference will be refunded to or collected from the passenger, as may be appropriate. In the event of a voluntary change to the originating flight, the fares and charges for the passenger’s journey shall be recalculated in accordance with the fares and charges in effect on the date on which the change is made and is reflected on the ticket.
- 2) Applicable fares apply only for carriage from the airport at the point of origin to the airport at the point of destination and do not include ground transfer service within airport areas or between airports or between airport and downtown except where applicable tariffs specifically provide that such ground transfer service will be furnished without additional charge.
- 3) Except as otherwise provided in applicable tariffs, direct fares published in tariffs take precedence over any combination of intermediate fares applicable to the same class of service between the same points.
- 4) Except as otherwise provided in applicable tariffs, fares published in tariffs entitle the passenger to occupy one seat of the applicable class. If the passenger reserves two seats in advance, twice the applicable fare must be charged.
When the fare between any two points is not specifically published, such fare will be constructed as provided in applicable tariffs.3. Routings
Except as otherwise provided in applicable tariffs, fares apply in either direction and only to routings published in connection therewith. If there is more than one routing at the same fare, the passenger, prior to issuance of the ticket, may specify the routing, and in respect to any open-date portion of such ticket, may specify an optional routing; if no routing is specified, ASV may determine the routing.4. Currency of Payment and Applicable Exchange Rate
- 1) Currency of Payment
Subject to currency exchange laws, government regulations and acceptability to ASV, payment of fares and charges may be made in a currency other than the currency in which the fare or charges is published.
- 2) Applicable Exchange Rate
Payment or refund will be made at the rate of exchange established by ASV, except as otherwise provided by applicable laws, government regulations or applicable tariffs.
Applicable taxes, fees and charges imposed by government or by the operator of an airport collectible from a passenger will be in addition to the published fares and charges. The service charges, fees and other collectible charges due to the changes in any circumstances imposed by ASV will be also collected in addition to the published fares and charges. If a new tax, fee or charge is imposed even after ticket issuance, a passenger will be obliged to pay it.
ARTICLE 6. REVISED, FAILED, MISSED SCHEDULES1. Changes Requested by passenger
- 1) At a passenger’s request, ASV will effect a change in the routing (other than point of origin), carrier(s), class(es) of service, destination, fare or validity specified in an unused ticket, flight coupon(s) or MCO/EMD by issuing a new ticket or by endorsing such unused ticket, flight coupon(s) or MCO/EMD, provided that;
- a. ASV issued the original ticket or MCO/EMD or,
- b. ASV has received written or telegraphic authority to do so from the carrier entitled to effect the change.
- 2) When the rerouting results in a change of fare, the new fare and charges shall be calculated as provided in the applicable tariffs.
- 3) The expiration date of any new ticket issued for a revised routing will be limited to the expiration date that would have been applicable had the new ticket been issued on the date of sale of the original ticket or MCO.
- 1) In the event ASV cancels a flight, fails to operate a flight reasonably according to schedule, fails to stop at a point to which the passenger is destined or is ticketed to stopover, is unable to provide previously confirmed space, or the passenger is refused carriage or removed in accordance with Article 8, ASV shall either;
- a. carry the passenger on another flight of ASV on which space is available,
- b. endorse to another carrier or other transportation service the unused portion of the ticket for the purpose of rerouting,
- c. reroute the passenger to the destination or point of stopover shown on the ticket or applicable portion thereof by its own or other transportation services; or
- d. make involuntary refund in accordance with Article 11. 4
- 2) In the event a passenger misses an onward connecting flight of ASV on which space has been reserved for him because the delivering carrier did not operate its flight according to schedule, or changed the schedule of such flight, the delivering carrier will arrange for the carriage of the passenger or make other arrangements and ASV shall not be liable for such missed connection.
- 3) An involuntarily rerouted passenger shall be entitled to retain the free baggage allowance applicable to the fare originally paid.
ARTICLE 7. RESERVATIONS1. General
A ticket will be valid for the flight(s) for which reservation(s) shall have been made, and only between the points named on the ticket or applicable flight coupons. A passenger holding an unused open-date ticket or portion thereof or Miscellaneous Charges Order, or who wishes to change his/her ticketed reservation to another date shall not be entitled to any preferential right with respect to the obtaining of reservations.2. Conditions of Reservations
- 1) A reservation for space on a given flight is valid when the availability and allocation of such space is confirmed by reservations agent of ASV and a record of the confirmed space is reflected in ASV’s reservation system. Whenever a passenger fails to purchase a ticket for the reserved space by the time fixed by ASV, ASV will cancel the reservations at any time without notice.
- 2) ASV does not guarantee allocation of any particular space in the aircraft.
The passenger will be charged for any communication charge paid or incurred by ASV for telephone, telegraph, radio or cable arising from a special request of the passenger concerning a reservation.4. Cancellation of Reservations
If a passenger fails to occupy space which has been reserved for him, ASV will cancel all other reservations held by such passenger for continuing or return space.5. Arrival of Passengers at Airports
The passenger must arrive at the airport or other point of departure by the time fixed by ASV, or if no time is fixed, sufficiently in advance of flight departure time to permit completion of government formalities and departure procedures. If the passenger fails to arrive at such airport or other point of departure by the established time limits or appears improperly documented and is not ready to travel, ASV will cancel the space reserved for him. Departure will not be delayed for passenger who arrives at airport or other point of departure too late for such formalities to be completed before scheduled departure time. ASV is not liable to the passenger for loss or expense due to passenger’s failure to comply with this provision.6. Personal Information
The passenger or his/her agent should recognize that personal data (name, telephone number, payment information, etc.) has been given to ASV for the purposes of: making a reservation, purchasing a ticket, obtaining ancillary services, facilitating immigration and entry procedures. For these purposes, the passenger authorizes ASV to retain and use such data and to transmit it to its own offices, authorized agents, other carriers, other affiliated companies, or the providers of the above-mentioned services, in whatever country they may be located. ASV may provide the passenger’s personal data with the government authorities or other agencies concerned to comply with all laws, regulations, orders, demands of countries to be flown from, to or over.
ARTICLE 8. LIMITATIONS OF CARRIAGE1. Refusal, Cancellations or Removal
- 1) In the case where ASV notified a certain passenger designated as a subject of carriage denial in a written form, ASV may refuse to carry passenger and baggage under the exercise of its reasonable discretion.
- 2) If question arises of any aircraft being overloaded due to AAR's fault, ASV shall induce a passenger to give up his/her seats voluntarily. Despite of AAR's efforts to minimize passengers who are given up involuntary, if there is no volunteer, ASV shall decide which passengers will be carried in accordance with specified rules that ASV has established. This rule does not apply to certain passengers, such as a passenger with an infant, disabled person and pregnant woman.
- 3) ASV may refuse to carry, cancel the reserved space of, remove en route any passenger, or take rationally judged measures necessary, including physical detainment, in order to stop the following actions, when in the exercise of its reasonable discretion (The concerned passenger may be offloaded during the journey, denied of further traveling or accused of on-board action.):
- a. Such action is necessary for reason of safety;
- b. Such action is necessary to prevent violation of any applicable laws, regulations or orders of any state or country to be flown from, into or over;
- c. The conduct, age or mental or physical condition of the passenger is such as to;
- - require special assistance of ASV
- - cause discomfort or make himself objectionable to other passenger, or
- - involve any hazard or risk to himself or to other persons or to property
- d. The passenger refuses on request to produce positive identification;
- e. The passenger refuses to permit search of his/her person or property for explosives or a concealed, deadly or dangerous weapon or articles; or
- f. The passenger or baggage likely to inflict damage on or disrupting other passengers or any ASV employee's comfort and safety;
- g. The passenger misconducted in previous flight's boarding, and ASV has a reason to judge such misconduct could happen again;
- h. The passenger destroys, changes, forges a travel document for the purpose of entering a pass-through country or a country with incomplete document, or refuses to submit a travel document ASV requests to preserve; or
- i. The passenger provides a ticket illegally acquired, forged, reported lost and robbed, or purchased from a third party other than ASV or agency.
- 4) If question arises of any aircraft being overloaded, ASV shall decide which passengers or articles will be carried.
- 5) ASV will make refund as provided in Article 11.4 for the unused portion of the ticket of a passenger so refused carriage or removed en route for any reason specified in the foregoing Paragraphs1 or 3.
- 1) If a passenger whose status, age, or mental or physical condition is such as to involve any hazard or risk to himself is carried, it is on the expressive condition that ASV shall not be liable for any injury, illness or disability or any aggravation or consequences thereof, including death, caused by such status, age, or mental or physical condition and that the conditions for his/her carriage shall be subject to the applicable tariffs and the requirements of ASV’s regulations.
- 2) Acceptance for carriage of unaccompanied children, incapacitated persons, pregnant women, persons with illness or other persons requiring special assistance may be subject to prior arrangement with ASV in accordance with ASV’s regulations. The passenger with disabilities who has advised ASV of the disability and any special requirements in advance and been accepted by ASV, shall not subsequently be refused carriage on the basis of such disability or special requirements.
- 1) Children not accompanied in the same compartment by a passenger of 12 years of age or over, will be accepted for carriage subject to advance arrangements with ASV, and only under the following conditions;
- a. They are accompanied to the airport of departure by a parent, guardian or responsible adult who shall remain with the child until enplaned and satisfactory evidence is presented by such parent, guardian or responsible adult that the child will be met at the airport of stopover or destination by another parent, guardian or responsible adult upon deplaning;
- b. The flight on which space is held is not expected to terminate short of or by-pass destination due to weather conditions or others;
- c. A letter of indemnity in such form as may be prescribed by ASV and signed by a parent, guardian or responsible adult is presented to ASV at the time of reservations;
- 2) Children under 5 years of age and Infants will not be accepted for travel unaccompanied.
- 1) If a passenger misconducts himself or herself in cabin as below, ASV may take necessary actions as it deems necessary to prevent continuation of such conduct, including restraint. Such passenger may be disembarked and refused onward carriage at any point, and may be prosecuted for offences committed inside the aircraft;
- A. The passenger endangers the aircraft or any person or property on board;
- B. As a passenger refuses not follow when crew has ordered or requested, for doing one or more of the following illegal behavior in cabin.
- (1) Violent language / Physical assault
- (2) Disregard of smoking regulations
- (3) Endangers to any person after drinking alcohol or drug consumption
- (4) Sexual harassment
- (5) Using electronics as violation of 「Civil aeronautics law」 Article 61(2)
- (6) Unauthorized cockpit entrance
- (7) Disturbance to Aircrew's work as using deceptive plan or power
- (8) Behavior, except above actions, which would disturb the safe flight judging by cabin crew.
- 2) The passenger shall be liable for any damages incurred as a result of any of the conducts referred to in Paragraph 1) above.
For safety reasons, ASV may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to, cellular phones, portable televisions, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices including radio controlled toys and walkie-talkies.
ARTICLE 9. BAGGAGE1. General
- 1) Carriage of baggage shall be subject to these Conditions of Carriage and other applicable tariffs in effect on the date of commencement of carriage covered by the first flight coupon of the ticket. In the event that any country has its own laws, regulations or orders, those laws shall take precedence.
- 2) ASV will not carry baggage until the passenger has paid all applicable charges or has complied with credit arrangements established by ASV.
- 1) Nothing contained in these Conditions of Carriage shall entitle a passenger to have his/her baggage checked on a journey for which ASV does not offer facilities for checking of baggage.
- 2) Upon delivery to ASV of baggage to be checked, ASV will insert in the ticket or system the number of pieces and weight of the checked baggage. In addition, ASV will issue, for identification purpose only, a baggage tag for each piece of baggage so delivered and covered by the baggage check.
- 3) All checked baggage must be properly packed in suitcases or similar containers in order to ensure safe carriage with ordinary care in handling. Electronic devices such as laptop computers, cellular phones, cameras, camcorders, MP3 players, fragile or perishable articles, unsuitably packed items, money, jewelry, negotiable papers, securities or other valuables, samples or business documents will not be accepted as checked baggage.
- 4) In the event that an individual attempts to check baggage after the allotted check-in time has passed ASV reserves the right to refuse acceptance of said baggage.
- 5) Checked baggage will be carried on the same aircraft as the passenger unless such carriage is impracticable due to safety, security or other reasons, in which event ASV will carry the checked baggage on the next flight on which space is available.
- 6) ASV reserves the right to refuse the loading or transport of any baggage in which its owner is not the name listed on the ticket or boarding pass, and furthermore ASV reserves the right to claim all losses and expenses resulting from said baggage against its owner and the passenger who presented the baggage to ASV to be checked.
- 1) Detailed Provision
- a. Passengers paying the adult fare shall be allowed as the checked baggage allowance a one piece of baggage provided that the weight of each bag is less than 15kilograms.
- b. Children paying at least 50 percent of the adult fare are entitled to the same allowance as adults. In addition, one fully collapsible stroller / push-chair or infants carrying basket or infants care seat is allowed to be carried in the passenger cabin.
- c. Infants not entitled to a seat shall be allowed with 1 baggage with weight of 10 kilograms and in addition one checked or carry-on fully collapsible stroller/ push-chair or infants carrying basket or infants car seat, which may be carried in the passenger cabin subject to the availability of space.
- d. In addition to the checked baggage allowance provided for in above Paragraphs, Incapacitated passengers may carry free of charge one wheelchair and/or other assistive devices they are dependent upon.
- e. Free baggage allowance may vary according to the route and cabin class. In addition, limitations on size and weight may be enforced due to security and safety regulations.
- f. When travel is on a combined class fares
- - For a journey where the passenger travels on different classes of services, the baggage allowance on each portion of travel shall be that applicable to the class of service for which the fare is paid
- - When a passenger who has paid the First class fare travels on Business/Economy class service, the free baggage allowance will be that applicable to the First class service.
- - When a passenger who has paid the Economy class fare travels on Business class service, the free baggage allowance will be that applicable to the Economy class services.
- 2) Pooling of free baggage allowance
When two or more passengers, travelling as one group to a common destination or point of stopover by the same flight, present themselves and deliver their baggage to ASV at the same time and place, the passengers shall be permitted, upon request, a total free baggage allowance equal to the combination of their individual free baggage allowance. The combination only applies to the total number of baggage pieces, and not the total weight. Baggage weight or size in excess of the combined free baggage allowance shall be subject to excess baggage charges.
- 1) For the baggage of whose number, weight, and size exceeds the free baggage allowances set forth in ‘Paragraph 3.’ above, the following excess baggage charge will apply depending on the zone of passenger’s travel with a fixed rate.
Price for each Zone (per piece), ZONE1, ZONE2, ZONE3, ZONE4, US(SPN) table of Excess Baggage Charges Price for each Zone
ZONE1 ZONE2 ZONE3 US
Number added KRW 40,000
- Exceed Weight
초과 수하물 요금 표 : ZONE1, ZONE2, ZONE3 table of Excess Baggage Charges. ZONE1 Korea, Japan, China ZONE2 Hongkong ZONE3 Southeast Asia
2) Golf equipment and ski/snowboard gear doesn't get levied when tis total weight is below 23 kilograms when added with 1 normal bag, regarding them as 1 baggage. Other sports equipment are subject to the rules of normal baggage.
However, an additional charge may be applied in the case of sport equipment such as ski/snowboard/surfboard/windsurfing/scuba-dive equipment/bicycle, regardless of the free allowance regulations.
(Only when the sum of 3 sides of golf/ski/snowboard/surfboard/windsurfing/scuba-dive equipment/bicycle is under 277cm, it is exempt from the excess baggage charges.)
- 3) At the passenger’s option, excess baggage charges will be payable either at the point of origin for the entire journey via stopover points to final destination (even though baggage may not in some cases be checked through to final destination), or at the point of origin to the point of stopover, in which case, when trip resumed, the charges will be payable from the point of stopover to the next point of stopover or destination. If a passenger has paid all excess baggage charges and then attempts to check additional baggage mid-journey, ASV will only accept said baggage under the condition that an additional excess baggage charge for the entire journey or next stopover point has been paid as well.
- 4) ASV will not carry baggage until the passenger has paid all applicable charges or has complied with credit arrangements established by ASV.
- 5) In case a passenger is rerouted or his/her carriage cancelled, the provisions which govern with respect to the payment of additional fares or the refunding of fares shall likewise govern the payment or the refunding of excess baggage charges.
- 1) The passenger shall collect his/her baggage as soon as it is available for collection at places of destination or stopover.
- 2) 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. ASV is under no obligation to ascertain that the bearer of the baggage identification tag is entitled to delivery of the baggage and ASV is not liable for any loss, damage or expense arising out of or in connection with its failure so to ascertain. Except as provided in Subparagraph 4) below, delivery will be at the destination shown in the baggage check.
- 3) If the provisions of Subparagraph 2) above are not complied with by a person claiming the baggage, ASV will deliver the baggage only on the condition that such person established to ASV’s satisfaction his/her rights thereto and, if required by ASV, such person shall furnish adequate security to indemnify ASV for any loss, damage or expense which may be incurred by ASV as a result of such delivery.
- 4) At the request of the bearer of the baggage identification tag, checked baggage may be delivered at the place of departure or at an intermediate stopping place upon the same condition provided for in Subparagraph 2) above, unless precluded by government regulations, and unless time and circumstances do not permit. In delivering baggage at the place of departure or at an intermediate stopping place, ASV shall be under no obligation to refund any charges paid for such baggage.
- 5) Acceptance of baggage by the bearer of the baggage identification tag without written 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.
- 1) In addition to the checked baggage allowance, each passenger may carry, without additional charges hand baggage suitable for placing in closed overhead rack or under the passenger’s seat with maximum dimensions (the sum of the three dimensions of all such carry-on items) not more than 115cms (55cms, 40cms, 20cms) and weight of not more than 10 kilograms, only when they are placed in the passenger’s sole custody. Passengers paying the adult Economy class fare shall be allowed one piece of carry-on item.
- 2) In addition to the carry-on items provided for in above paragraph, any one article listed below will be carried.
- a. A small handbag, purse or briefcase
- b. A reasonable amount of reading materials
- c. An overcoat, wrap or blanket
- d. Infant’s food for consumption in flight
- e. A fully collapsible wheelchair, a pair of crutches, braces and/or other prosthetic devices for the passengers with disabilities’ use, provided that the passenger is fully dependent upon them
- f. A small camera and a pair of binoculars
- g. An umbrella or walking stick
- h. Infant’s carrying basket or bassinet
- i. A small-sized, fully collapsible stroller
- j. A laptop computer and a dedicated laptop bag
- 3) Carry-on baggage may be limited according to airport conditions, security regulations, or insufficient space.
- 4) Objects not suitable for transport in the cargo compartment (such as delicate musical instruments and the like) will only be accepted for transportation in the cabin compartment if due notice has been given in advance and permission granted by ASV. The transport of such objects may be charged for separately.
- 5) ASV will limit the acceptance of carry-on items for carriage in passenger cabin to conform with security regulations or others.
At ASV’s discretion, if the weight, shape, size or character of baggage renders it unsuitable for carriage on the aircraft, ASV, prior to or at any stage of the journey, will refuse to carry the baggage or any portion thereof.
- 1) Items specified in the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations
- 2) Items which are likely to endanger the aircraft or persons or property on board the aircraft
- 3) Items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from, to or over
- 4) Items which are likely to be damaged by air carriage
- 5) Items which are unsuitably packed
For reasons of safety and security, ASV has the right, but not the obligation, to verify the contents of baggage in the presence of passenger the contents of his/her baggage, and in the case of unaccompanied baggage, to open and examine such baggage whether or not the passenger is present. The existence or exercise of such right shall not be construed as an agreement, expressed or implied, by ASV to carry such contents as would otherwise by precluded from carriage.9. Excess Value Charges
- 1) A passenger may declare a value for checked baggage in excess of SDR 1,131 for the international carriage to which the Montreal Convention is applied. A passenger may declare a value for checked baggage in excess of US$ 20(250French Gold Francs) or its equivalent per kilogram for the international carriage to which the Warsaw Convention or the Warsaw Convention as amended at the Hague, 1955 is applied. When such declaration is made, a charge for such excess value will be assessed by AAR for the carriage performed by AAR at the rate of US$ 0.50 for each US$ 100 or fraction thereof, subject to the valuation limits of Subparagraph 3) below.
- 2) Except as otherwise provided in applicable tariffs, excess value charges will be payable at the point of origin for the entire journey to final destination; provided that, if at a stopover en route a passenger declares a higher excess value than that originally declared, additional excess value charges for the increased value from such stopover point to final destination will be payable.
- 3) No baggage or other property of any one passenger having a declared value in excess of US$ 2,500 will be accepted for carriage by ASV, unless advance arrangement is made.
- 4) In case a passenger is rerouted or his/her carriage cancelled, the provisions with respect to the payment of additional fares or the refunding of fares shall likewise govern the payment or the refunding of excess value charges, but no refund of value charges will be made when a portion of the carriage has been completed.
- 1) Animals such as dogs, cats, household birds and other pets, when properly crated and accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit will, with the advance agreement of ASV, be accepted for carriage, subject to rules and regulations of ASV.
- 2) Prohibition or limitation of live animals aboard the aircraft may be enforced according to the type of aircraft or flight time.
- 3) If accepted as baggage, the animal, together with its container and food carried, shall not be included in the free baggage allowance of the passenger but constitute excess baggage, for which the passenger shall pay the applicable rate.
- 4) Guide dogs accompanying sight/hearing impaired/mentally disabled passengers will be carried free of charge in addition to the normal free baggage allowance.
- 5) Acceptance for carriage of animals is subject to the condition that the passenger assumes full responsibility for such animal. ASV shall not be liable for injury to or loss, delay, sickness or death of such animal.
- 6) ASV will have no liability in respect of any such animal not having all the necessary exit, entry, health and other documents with respect to the animal’s entry into or passage through any country and the person carrying the animal must reimburse ASV for any fines, costs, losses or liabilities reasonably imposed or incurred by ASV as a result.
ARTICLE 10. SCHEDULES, DELAYS AND CANCELLATIONS OF FLIGHTS1. Schedules
The times shown in timetables or elsewhere are approximate and ASV may be obliged to change the time of flights, open for reasons beyond ASV’s control, and consequently, times in timetables or elsewhere are not guaranteed, and thus form no part of the contract of carriage. Schedules are subject to change without notice and ASV assumes no responsibility for making connections. ASV will not be responsible for errors or omissions either in timetables or other published schedules2. Cancellations
- 1) ASV may, without notice, substitute alternate carrier or aircraft.
- 2) ASV may, without notice, cancel, terminate, divert, postpone or delay any flight or the further right of carriage or reservation of traffic accommodations and determine if any departure or landing should be made, without any liability except to refund in accordance with these Conditions of Carriage the fare and charges for any unused portion of the ticket:
- a. because of any fact beyond its control (including, but without limitation, meteorological conditions, acts of God, force majeure, strikes, riots, civil commotions, embargoes, wars, hostilities, disturbances, or unsettled international conditions), actual, threatened or reported, or because of any delay, demand, condition, circumstances or requirement due, directly or indirectly, to such fact;
- b. because of any fact not to be foreseen, anticipated or predicted;
- c. because of any government regulations order, demand or requirement; or
- d. because of shortage of labor, fuel or facilities, or labor difficulties of ASV or others. In the event
- 3) ASV may cancel the right or further right of carriage of the passenger and his/her baggage upon refusal of the passenger, after demand by ASV, to pay the fare or portion thereof so demanded, or to pay any charge so demanded and assessable with respect to the baggage of the passenger, without being subject to any liability therefore except to refund, in accordance with these Conditions of Carriage, the unused portion of the fare and charge(s) previously paid, if any.
ARTICLE 11. REFUNDS1. General
Refund by ASV for an unused ticket, coupon or portion thereof MCO/EMD will be made in accordance with the following conditions, except as otherwise provided in Paragraph 6 below ;
- 1) Application for refund should be made during the period of validity of the ticket or MCO/EMD. If no portion of the ticket is used, application for refund should be made in one year from the date of issuance of the ticket.
- 2) Person requesting refund must surrender to ASV all unused flight coupon(s) of the ticket or MCO/EMD.
- 3) Except as provided below, refund will be made to the person named as the passenger on the ticket or MCO/EMD.
- a. Refund of tickets or Miscellaneous Charges Orders issued:
- - under the Universal Air Travel Plan will be made to the account of subscriber against whose Air Travel Card they were issued.
- - against a Government Transportation Request will be made to the government agency which issued the Government Transportation Request
- - against a commercial credit card will be made only to the commercial credit card account of the person to whom such credit card had been issued.
- b. If, at the time of purchase, the purchaser designates a person to whom refund shall be made, refund will be made to the person so designated.
- c. If, at the time of application for refund, satisfactory evidence is submitted that a company purchased the ticket or MCO/EMD on behalf of its employee, or the travel agent had made refund to its client, ASV will refund directly to the employee’s company or the travel agent, respectively.
- a. Refund of tickets or Miscellaneous Charges Orders issued:
- 4) Refund made in accordance with this rule to a person representing himself as the person, company or travel agent named or designated in the document presented for refund will be a valid refund and ASV will not be liable to the true person for another refund.
- 5) ASV may refuse refund on a ticket which has been presented to government officials of a
country or to ASV as evidence of intention to depart therefrom unless the passenger establishes to ASV’ s satisfaction that he has permission to remain in the country or that he will depart therefrom by another carrier or conveyance.
All refunds will be subject to government laws, rules, regulations or orders of the country in which the ticket or Miscellaneous Charges Order was originally purchased and of the country in which the refund is being made. Subject to the foregoing provisions, refunds will normally be made in the currency in which the fare was paid, or in lawful currency of Korea or of the country where the refund is made or in the currency of the country in which the ticket or MCO/EMD was purchased, in an amount equivalent to the amount due in the currency in which the fares were originally collected. However, when requested to refund in Korea, regardless of this paragraph refund will be basically made in lawful currency of Korea, which is Korean Won.3. Refund Handling
ASV will make refunds through its respective office, and will require prior written applications for refunds to be prepared by passengers on special forms furnished by ASV.4. Involuntary Refund
- 1) For the purpose of this paragraph, the term “Involuntary Refund” means any refund made because the passenger is prevented from using the carriage provided for in his/her ticket because of cancellation of flight, or inability of ASV to provide previously confirmed space, or substitution of a different type of equipment or class of service by ASV, or missed connections, or postponement or delay of flight, or omission of scheduled stop, or refusal to carry under conditions prescribed in paragraph 1 and 3 of Article 8.
- 2) The amount of an involuntary refund will be as follows;
- a. When no portion of the trip has been made, the amount of refund will be the amount of fare paid.
- b. When a portion of the ticket has been made, the amount of refund will be the amount computed as shown in a. and b. below, whichever is higher:
- - Either an amount equal to the one-way fare less the same rate of discount, if any, that was applied in computing the original one-way fare (or on round trip or circle trip tickets, one-half of the round trip fare less the same rate of discount, if any) and charges applicable to the unused transportation from the point of termination to the destination or stopover point named on the ticket or to the point at which transportation is to be resumed; or
- - The difference between the amount of fare paid and the amount of fare for the transportation used.
- 1) The term “Voluntary Refund”, for the purpose of this Paragraph, means any refund of a ticket or MCO/EMD other than “Involuntary Refund” as defined in Paragraph 4 above.
- 2) The amount of a voluntary refund will be as follows:
- a. When no portion of the ticket has been used, the amount of refund will be the amount of fare paid, less any applicable service charges or refund penalties as well as No-Show Penalties.
- b. When a portion of the trip has been made, the amount of refund will be the difference, if any, between the full amount of fare paid and the amount of fare and charges applicable between the points between which the ticket has been used, less any applicable service charges or refund penalties as well as No-Show Penalties.
- 3) When the refunding of any portion of ticket would result in such ticket having been used between points where carriage of traffic is prohibited, the refund, if any, shall be determined in accordance with Subparagraph 2) b. above as if such ticket had been used to a point beyond which the refunding would not result in the violation of ASV’s operating rights.
The following provisions will govern refund of a lost ticket or unused portion thereof:
- 1) ASV will refund a lost ticket or lost portion thereof after receipt of written request and receipt of proof of loss satisfactory to ASV. Such written application must be made not more than 30 days after the expiration date of the lost ticket. Refund will only be made provided that the lost ticket or lost portion thereof has not been honored for transportation of, or refunded, upon surrender by any person prior to the time the refund is made and further provided that the passenger agrees to indemnify ASV and hold ASV harmless against any loss, damage, claim or expense, including (but without limitation) reasonable attorney fees, which ASV may suffer or incur by reason of such refund and/or the subsequent presentation of said ticket(s) for transportation, refund or any other use whatsoever. Refund will be made on one of the following bases, whichever is applicable:
- a. If no portion of the ticket has been used:
- - If the passenger has not purchased a replacement ticket, refund will be the full amount of the fare paid;
- - If the passenger has purchased a replacement ticket with the same condition of the lost ticket, ASV will refund to the passenger the amount of the fare paid for such replacement ticket. However, if the passenger has purchased a replacement ticket with conditions different from the lost ticket, the amount of refund will be calculated according to the applicable tariffs.
- b. If a portion of the ticket has been used;
- - If the passenger has not purchased a replacement ticket, refund will be the difference, if any, between the full amount of fare paid and the amount of fare and charges applicable between the points between which the ticket has actually been used;
- - If the passenger has purchased a replacement ticket with the same condition of the lost ticket, ASV will refund to the passenger the amount of the fare paid for such replacement ticket. However, if the passenger has purchased a replacement ticket with conditions different from the lost ticket, the amount of refund will be calculated according to the applicable tariffs.
- c. The refunds described in the provisions of (1) and (2) above will be subject to any expenses incurred by ASV as a result of such loss.
- a. If no portion of the ticket has been used:
- 2) The foregoing provisions shall also apply to the lost Miscellaneous Charges Order.
ARTICLE 12. CANCEL CONFIRMATION IN ADVANCE AND NO-SHOW PENTALY1. Cancel in advance
Passenger, who is not boarding previously confirmed flights because of one’s situation, has to notify Air Seoul branch or the office of confirmation cancel in advance of flight’s estimated departure time.2. No-Show Penalty
- 1) When a passenger does not notify the ASV a cancellation by the scheduled departure time and fails to use his/her confirmed space, the ASV will collect a no-show penalty as separately stipulated by ASV.
- 2) If a passenger do not cancel the ticket segment before departure by their own reason, ASV is going to charge a refund penalty and also no-show penalty.
ARTICLE 13. GROUND TRANSFER SERVICES
Except as otherwise specified in applicable tariffs, ASV does not maintain, operate or provide ground transfer service within airports or between airport and downtown. Except where ground transfer service is directly operated by ASV, it is agreed that any such service is performed by independent operators who are not and shall not be deemed to be agents or servants of ASV. Anything done by an employee, agent or representative of ASV in assisting the passenger to make arrangements for such ground transfer service shall in no way make ASV liable for the acts or omissions of such an independent operator. In cases where ASV maintains and operates for its passengers such ground transfer services, the terms, conditions, rules and regulations of ASV, including (but without limitation) those stated or referred to in their tickets, baggage checks and baggage valuation agreements shall be deemed applicable to such ground transfer services. No portion of the fare shall be refundable in the event ground transfer services are not used.
ARTICLE 14. HOTEL ACCOMMODATIONS AND IN-FLIGHT MEALS1. Hotel Accommodations
- 1) Hotel expenses are not included in passenger fares.
- 2) In the case of scheduled overnight or other stops on through flights, hotel accommodation may be borne by ASV at its option.
- 3) When requested by passengers, ASV may make application on their behalf for hotel reservations, but the availability thereof is not guaranteed. All expenses, incurred by ASV or its representatives in arranging, or attempting to arrange for reservations will be chargeable to passengers
The charge of in-flight meals, if served, will be specified in applicable tariffs.3. Arrangements made by ASV
In making arrangements for hotel or other housing and board accommodation for passenger, whether or not the cost of such arrangements is for the account of ASV, ASV acts only as agent for the passenger and ASV is not liable for loss, damage or expense of any nature whatsoever incurred by the passenger as a result of or in connection with the use by the passenger of such accommodation or the denial of the use thereof to the passenger by any other person, company or agency.
ARTICLE 15. ADMINISTRATIVE FORMALITIES1. Compliance with Regulations
The passenger is responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which he transit. ASV shall not be liable for the consequences to any passenger resulting from his/her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements or instructions.2. Passports and Visas
- 1) The passenger must present all exits, entry and other documents required by laws, regulations, orders, demands or requirements of the countries concerned. ASV will refuse carriage to any passenger who has not complied with applicable laws, regulations, orders, demands or requirements, or whose documents do not complete. ASV is not liable to the passenger for loss or expense due to the passenger’s failure to comply with this provision, and if damage is caused to ASV because of passenger’s failure to comply with this provision, the passenger shall indemnify ASV therefor.
- 2) Subject to applicable laws and regulations, the passenger agrees to pay the applicable fare whenever ASV, on government order, is required to return a passenger to his/her point of origin or elsewhere due to the passenger’s inadmissibility into a country, whether of transit or of destination. ASV will apply to the payment of such fares any funds paid to ASV for unused carriage, or any funds of the passenger in the possession of ASV. The fare collected for carriage to the point of refusal of entry deportation will not be refunded by ASV.
If required, the passenger must attend inspection of his/her baggage, checked or unchecked, by customs or other government officials. ASV accepts no responsibility toward the passenger if the latter fails to observe this condition. If damage is caused to ASV because of the passenger’s failure to observe this condition, the passenger shall indemnify ASV therefor.4. Government Regulations
No liability shall attach to ASV if ASV in good faith reasonably 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. LIABILITY OF CARRIERS1. Successive Carriers
Carriage to be performed under one ticket or under a ticket and any conjunction ticket issued in connection therewith by several successive carriers is regarded as a single operation. Even if ASV is a carrier issuing a ticket or is designated as a carrier for the first sector in a ticket or in any conjunction ticket involving carriage by successive carriers, ASV shall not be responsible for any portion operated by other carriers, unless otherwise provided in these Conditions of Carriage. Each carrier’s liability to compensate for damage arising in connection with a passenger’s travel shall be governed by such carrier’s Conditions of Carriage.2. Laws and Provisions Applicable
- 1) Carriage hereunder is subject to the rules relating to liability and limitations established either by the Warsaw Convention or by the Warsaw Convention as amended at the Hague, 1955, or by the Montreal Convention as applicable to the carriage unless such carriage is not International Carriage to which the Convention applies. For the purpose of the International Carriage governed by the Montreal Convention, the liability rules set out in the Montreal Convention are fully incorporated herein.
- 2) To the extent not in conflict with the provisions of Subparagraph ① above, all carriage and other services performed by ASV are subject to:
- - Applicable laws (including national laws implementing the Convention or extending the rules of the Convention to carriage which is not “ international carriage ” as defined in the Convention), government regulations, orders and requirements,
- - These Conditions of Carriage and applicable tariffs, regulations and timetables (but not the times of departure and arrival therein specified), which may be inspected at any of its offices and in any airport from which it operates regular services.
- 3) Carrier’s name may be abbreviated in the ticket and a list giving the full name and its abbreviation of each carrier is set forth in applicable tariffs. Carrier’s address shall be the airport of departure shown opposite the first abbreviation of carrier’s name in the ticket; and for the purpose of the Convention, the agreed stopping places are those places, except the place of departure and the place of destination, set forth in the ticket or shown in carrier’s timetables as scheduled stopping places on the passenger’s route.
Except as the Convention or other applicable law, any death, injury, delay, loss or claim of whatsoever nature (hereinafter in these Conditions of Carriage collectively referred to as “damage”) arising out of or in connection with carriage or other services performed by ASV incidental thereto is as follows:
- 1) ASV is liable for damages in case such damages are proved to have been caused by the negligence or willful fault of ASV and any liability ASV has for damage will be reduced by any negligence on passenger’s part which causes or contributes to the damage.
- 2) ASV is not liable for any damage directly and indirectly arising out of compliance with laws or with government regulations, orders or requirements, or from failure of the passenger to comply with same, or out of any cause beyond ASV’s control.
- 3) With respect to carriage performed by ASV when claims are made by passengers of ASV or their legal agent, ASV’s liability shall be limited as follows:
- a. As to any claim arising out of death of or, wounding or other bodily injury to, a passenger, ASV shall not invoke the limitation of liability in Article 22 (1) of the Warsaw Convention as amended at the Hague, 1955, nor avail itself of any defense under Article 20 of the Warsaw Convention as amended at the Hague, 1955 with respect to that portion of such claim which does not exceed 113,100 SDRs.
- b. Except as otherwise provided in Subparagraphs (1) hereof, ASV reserves all defenses available under the Convention to any such claim. ASV also reserves all rights of recourse against any other person, including without limitation, rights of contribution and indemnity.
- c. Neither the waiver of limits nor the waiver of defense shall be applicable in respect of claims made by public social insurance or similar bodies (except with respect to any such bodies of the United States) however asserted. Such claims shall be subject to defenses under Article 20 and the limit in Article 22 (1) of the Warsaw Convention as amended at the Hague, 1955.
- 4) The foregoing waiver limitation of liability notwithstanding Subparagraphs 3) a. above, shall not apply with respect to any claim made by, on behalf of, or against any passenger or person who has willfully caused the death, wounding or other bodily injury of passenger. As to such claims, ASV reserves the right to assert all defenses available under the Convention and other applicable law.
- 5) In any event, liability of ASV for delay shall not exceed the limitation set forth in the Convention.
- 6) Any liability for Checked and Unchecked Baggage
- - Any liability of ASV is limited to 250 French Gold Francs (approximately US$ 20) per kilogram in the case of Checked Baggage, and 5,000 French Gold Francs (approximately
- - US$ 400) for each passenger in the case of Unchecked Baggage or other property. The liability of ASV is limited to 1,131 SDRs for Checked and Unchecked baggage where the Montreal Convention applies. For the carriage governed by the national laws, the liability of ASV shall be determined by reference to the provisions of such applicable national laws.
- - If, in the case of checked baggage, a higher value is declared in advance and additional charges are paid pursuant to paragraph 9 of Article 9, the liability of ASV shall be limited to such higher declared value.
- - In no case ASV's liability shall not exceed the amount of proven damage. All claims are subject to proof of actual loss suffered by the passenger.
- - Under no circumstances will ASV be liable for damage to unchecked baggage not attributable to the negligence of ASV. Assistance rendered to the passenger by ASV’s employees in loading, unloading or transshipping unchecked baggage shall be considered as gratuitous service to the passenger.
- - In the event of delivery to the passenger of part but not all of his/her checked baggage, or in the event of damage of part but not all of such baggage, the liability of ASV with respect to the undelivered or damaged portion shall be reduced proportionately on the basis of weight, notwithstanding the value of any part of the baggage or contents thereof.
- - ASV is not liable for damage to a passenger’s baggage caused by property contained in the passenger’s baggage. Any passenger whose property caused damage to another passenger’s baggage or the property of ASV shall indemnify ASV for all losses and expenses incurred by ASV as a result thereof.
- - ASV is not liable if and to the extent that the damage resulted from the inherent defect, quality or vice of the baggage. In addition, ASV shall not be liable for wear and tear of baggage, including scratches, cuts, scuffs, dents, marks and stains, resulting during the standard baggage handling process.
- - For International transportation, ASV’s liability limit for delay, damage or loss to checked baggage including, but not limited to, electronic devices such as laptop computers, cellular phones, cameras, camcorders, MP3 players, fragile or perishable articles, money, jewelry, negotiable papers, securities or other valuables, medicines, keys, passports and other identification documents, samples or business documents is governed by the Montreal Convention or the General Conditions of Carriage.
- 7) ASV may refuse to accept any articles which do not constitute baggage as such term is defined herein, but if delivered to and received by ASV, such article shall be deemed to be within the baggage valuation and limit of liability, and shall be subject to the published rates and charges of ASV.
- 8) When ASV issues a ticket or checks baggage for carriage over the lines of another carrier, ASV does so only as agent of such carrier. ASV shall not be liable for the death, injury or delay of a passenger or the loss, damage or delay of unchecked baggage and/or checked baggage, not occurring on its own line; except that the passenger shall have a right of action for such loss, damage or delay on the terms herein provided against ASV, when ASV is the first carrier or the last carrier under the agreement to carry.
- 9) The sum mentioned in terms of SDR above shall mean the Special Drawing Rights as defined by the International Monetary Fund. Conversion of the sum into national currencies shall, in case of judicial proceedings, be made according to the exchange rate of such currencies applicable on the date of final judgment by the court, or, in case of other than judicial proceedings, according to the exchange rate of such currencies applicable on the date when the damages to be paid is agreed upon.
- 10) ASV shall not be liable in any event for indirect, consequential, special or any other form of non-compensatory damage arising from carriage subject to these Conditions of Carriage and applicable tariffs, irrespective of ASV’s recognition of the damage in advance.
- 11) Any exclusion or limitation of liability of ASV under these Conditions of Carriage and applicable tariffs shall apply to agents, servants or representatives of ASV acting within the scope of their employment and also to any person whose aircraft is used by ASV for carriage and his/her agent, servants or representatives acting within the scope of their employment.
In the carriage of passenger and baggage, any action for damage, however founded, whether in contract or in tort or otherwise, can only be brought subject to the conditions and limits set out in the Convention. However, the Convention shall not affect in determining the persons who have the right to bring suit and what are their respective rights.
ARTICLE 17. TIME LIMITATIONS ON CLAIMS AND ACTIONS1. Time Limitation on Claims
No action shall lie in the case of damage to checked baggage unless the person entitled to delivery complains to an office of ASV forthwith after the discovery of the damage at the latest within 7 days from the date of receipt; and, in the case of delay or loss, unless the complaint is made at the latest within 21 days from the date on which the baggage has been placed at his/her disposal (in the case of delay) or should have been placed at his/her disposal (in the case of loss). Every complaint must be in writing and dispatched within the time aforesaid. Where carriage is not “international carriage” as defined in the Convention, failure to give such notice of complaint shall not be a bar to suit where claimant proves that;
- 1) It was not reasonably possible for him to give such notice
- 2) Such notice was not given due to fraud on the part of ASV or
- 3) ASV had knowledge of damage to passenger’s baggage
Any right to damage against ASV shall be extinguished if an action in not brought within 2 years reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
ARTICLE 18. OVERRIDING LAW
Insofar as any provision contained or referred to in the ticket or in the Conditions of Carriage or other applicable tariffs may be contrary to mandatory law, government regulations, orders or requirements, such provision shall remain applicable to the extent that it is not overridden thereby. The invalidity of any provision shall not affect any other part.
ARTICLE 19. MODIFICATION AND WAIVER
No agent, servant or representative of ASV has authority to alter, modify or waive any provision of the contract of carriage or of these Conditions of Carriage or other applicable tariffs.
ARTICLE 20. ORIGINAL COPY OF CONDITIONS OF CARRIAGE
These Conditions of Carriage may be published in English, and in the event of any inconsistency or conflict between Korean text and English text, the former shall prevail.
Name of Carrier: AIR SEOUL, INC
Abbreviation of Name: ASV