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Our Complementary |Baggage Policy |Royal Orchid Plus |Terms & Conditions |Reservation and Ticketing |國際機票交易重要須知

Terms & Conditions

Terms and Conditions

Thai Smile Airway Co., Ltd.

 

Clause 1. Definitions

                  In these Terms and Conditions;

                “The Company”, “Company”, “We”, “Thai Smile” or “Airline” means Thai Smile Airway Co., Ltd. or a limited company operating Thai Smile Airway.

                “Passenger”, “You” or “Customer” means any person except the crews who travels or will travel with the aircraft as consented by the Company.

                “Baggage” means personal belongings brought by you during the flight which shall include checked and unchecked baggage unless otherwise specified.

                “Baggage Identification Tag” means document that is solely issued by the Company for the purpose of identifying the checked baggage.

                “Checked Baggage” means baggage that is under the supervision of the Company and for which Company has issued the Baggage Identification Tag.

                “Unchecked Baggage” means hand bags or other baggage apart from the Checked Baggage.

                “Fee” means fares, expenses and conditions concerning such items.

                “Website” means www.thaismileair.com created by the Company to allow the passengers to reserve their seats online by themselves to provide more convenience.

Cause 2. Enforcement

                2.1 General Provision

                These Terms and Conditions shall apply to all passengers, fees, checked baggage and unchecked baggage and shall take effect upon the time of purchasing the ticket from the Company. These Terms and Conditions shall apply to the travelling by airplane and the baggage from the departing airport to the airport of destination which are provided under the obligations of the Company concerning the travelling by the said airplane.

                2.2 Conditions in Regulations

                In case the terms and conditions or the conditions of the Agreement or the aviation regulations which have been specifically specified are not inconsistent, these Terms and Conditions shall prevail unless otherwise specified.

                  2.3 Language

                These Terms and Conditions are prepared in Thai language. If they are translated into other language, the Thai version shall be used for the purpose of interpretation.

                2.4 Codeshare Flight

                In case of provision of service of codeshare flight that is operated by other airline or operator, the said airline or flight operator shall have its own rules, terms and conditions or regulations of the operation which may be different from the rules, terms and conditions or regulations of the Company and the said airline or flight operator may apply its own terms and conditions or regulations to the provision of service. The passenger is recommended to study and understand the details prior to the travelling every time.

Clause 3 Ticket

                3.1 Electronic Ticket (E-Ticket)

                The Company shall issue an electronic ticket (E-Ticket) to the passenger after the payment made via payment channels of the Company is approved. You will receive a flight confirmation and receipt which contains itinerary details and ticket number via email. The E-Ticket cannot be transferred to other person and the Passenger is required to present the receipt which contains itinerary details when checking-in.  

                3.2 Transfer and Amendment to Agreement

                The agreement for the flight made between you and the Company can only be transferred and amended in accordance with the provision provided in clause 5.4 and the aviation regulations.

                3.3 Identification

                Company will provide service to passengers with the name appears on the electronic ticket only. You are required to present identification document such as identification card, driving license, passport or any other document issued by the government authority for the purpose of identifying and supporting the travelling etc. and under the rules of company

                 3.4 Connecting Flight

                The company is only a provider of transportation service between airports and shall reserve the right to not be responsible for any connecting flight or itinerary including forwarding baggage to connecting flight whether it is the flight of Thai Smile or the flight of other airline

                The Passenger traveling with the connecting flight and is required to pass the immigration checkpoint shall comply with the law concerning immigration and other related laws. The company will not be responsible for any damages or losses from missing connecting flight

 

Clause 4. Fare

                4.1 Fare

                The fare is an expense for the flight from the departing airport to the port of destination only. The fare does not include the service of land transportation between airports and between the airports and the airport of destination as specified by the Company.

                4.2 Infant

                A special request is required for an infant who is 7 days or more but not more than 2 years as of the date of travelling. The company only allows one infant to sit on the lap of an adult and the passenger shall be given an additional checked bag weight of 10 kilograms. The Company does not provide the service for child seat or airplane stroller. For safety reason, the Company reserves the right not to allow an infant who is under the age of 7 days to board the airplane.

                4.3 Tax and Fee

                Fare including any taxes and fees are fixed in the currency specified in clause 4.4 and it shall be one payment made to the Company or as determined by the Company. During reserving the seat, the passenger shall be informed of all information on taxes and fees which are included in the fare.

                4.4 Currency

                Fare, taxes and fees to be paid are fixed in specified local currency or as determined by the Company.

                4.5 Accuracy

                The Company reserves the right to review the rate of fair and flight schedule without prior notice.

Clause 5. Reservation

                The Passenger can reserve the seats for not more than 9 passengers per each reservation. In case the Passenger wishes to make a reservation for more than 9 passengers, please contact the Group Sales Department at E-mail: groupsales@thaismileair.com to make the said reservation.

                5.1 Channel of Reservation

                                (1) Reservation via www.thaismileair.com shall be made and paid at least 4 hours prior to the departure.

                                (2) Reservation via Smile Call center at Number 0 211 88888 or 4-digit number at number 1181 shall be made and paid at least 2 hours prior to the departure.

                                (3) Reservation via Smile Service Center @ Airport shall be made and paid at least 1 hour prior to the departure.

                                (4) Reservation via Travel Agent shall be made and paid at least 4 hours prior to the departure.

                5.2 Advanced Seat Selection

                The right to select the seat is subject to the terms and conditions of the ticket selected during the reservation process, which is provided for some flights. The seat can be selected via www.thaismileair.com or via Customer Service Center at Number 02-118-8888 at least 24 hours before the departure. However, the Company reserves the right to change the seat without prior notice at any time as appropriate for safety reason or aviation regulations with no guarantee that passengers will receive the same seat as reserved earlier.

                5.3 Confirmation of Reservation

                The reservation of any flight shall be confirmed when you completely make the payment and the Company issues an electronic ticket as a confirmation.

                5.4 Change of Itinerary

                                (1) Change of flight

                                (2) Change of departure date

                                (3) Change of route

                                (4) Change of class

                The Passenger may change the details of the Itinerary at least 4 hours prior to the departure or the expiration of the ticket. The change may be subject to expense incurred from the difference increased from the former ticket and the fee of change which will be in accordance with the terms and conditions of the tickets selected during the reservation process.

 

Type of Ticket

Terms and Conditions

Smile Promotion

  1. Cannot change flight and date.

  2. No refund

Smile Saver

  1. Fee for the change shall be charged.

  2. No refund

  3. Cannot change the route

Smile Value

  1. Fee for the change shall be charged.

  2. Refund with fee

Smile Flexi

  1. Fee for the change shall not be charged.

  2. Refund with fee

Smile Plus

  1. Fee for the change shall not be charged.

  2. Refund with fee

 

                The Company reserves the right to refund or reimburse the difference in case the ticket price is reduced or the ticket is changed only for the ticket which the passenger has not travelled and/or the ticket which the passenger has not checked in in advance.

                5.5 Payment

                Once you complete the payment of fare, you will receive the email of confirmation of ticket reservation. If you only receive the message informing debit on your credit card, you have to contact your bank because the amount paid by you has not been entered into the ticket reservation system of the Company. If you have checked with your bank and found that the fare is truly charged from your credit card or debit card, you can contact the Company to examine the case.      If the reservation is not confirmed within specified time, the Company may cancel your seat or carry out any other act as deemed suitable before the registration to confirm the travelling or as determined by the Company,

                 (1) Payment Channel

                      

                        (A) Credit/Debit Card

                        You may choose to make the payment by VISA, MASTER, JCB, AMEX, ALIPAY Card and/or UNION PAY subjected to the conditions of each bank.

                        (B) Direct Debit through bank account

                         You may choose to make the payment via service of each bank subjected to the conditions of each bank.

                        (C) Payment via Line Pay and We Chat Application

                         You may choose to make the payment via service of each application subjected to the conditions of service of each application.

                        (D) Payment via Counter Payment

                         You are required to pay within the deadline. Otherwise, the seat reservation will be automatically canceled and the fee shall be collected from the service provider directly. However, this shall be subject to the conditions of the service provider.

 

 

 

Participating Counters

 

 

 

 

 

 

 

 

Additional fee/1 receipt

10-90 Baht

10 Baht

5 Baht

5 Baht

No fee

10 Baht

10 Baht

10 Baht

Maximum Received Payment per each transaction

30,000

49,000

49,000

49,000

40,000

49,000

49,000

50,000

 

                5.6 Personal Information

                You accept and agree to disclose your personal information to the Company for the purpose of reservation of seat for travelling by the airplane and for the purpose of confirmation of the reservation of such seat in order to supply and offer additional service and convenience for the purpose of accounting, collection of payment and/or audit in order to verify credit card or other payment card for the purpose of safety, management and/or legal matters, system test, maintenance and development as well as the purpose of statistical analysis and/or the purpose of contacting with you in the future. According to the said reasons, you agree to permit the Company to keep and use your personal information and forward it to the office of the Company, authorized agent, government authority and/or other airlines or the related service provider mentioned above.

Clause 6. Check-In and Registration Formalities

                6.1 Check-In Time for travelling confirmation

                You must arrive at the airport prior to the departure time in order to go through the formalities process of the state and the check-in steps at the check-in counter of Thai Smile. The check-in counter shall be opened for the check-in 2 hours prior to the departure time and closed 45 minutes prior to the departure time for domestic flights and 60 minutes prior to the departure time for international flights. It shall be your responsibility to comply with the details of the schedule which the Company has already informed you at the time of reservation in any case. The Company reserves the right not to allow you to travel if you fail to check in within the said fixed time and fail to present complete and correct documents and/or are not ready to travel.

If you make the payment by credit card issued by foreign financial institute, you have to present the said credit card used for the reservation

The Company shall have the right to deny the passenger to board the aircraft and the Company shall not be liable for any loss or damage as well as expense incurred from the fact that you fail to comply with the provision in this clause and it shall be deemed that this reservation becomes void and cannot be refunded.

                6.2 Boarding

                You have to arrive at the boarding gate specified at least 30 minutes prior to the departure time.

                6.3 No Show

                In case you fails to check in within the time specified at the check-in counter and in case you fail to board the aircraft within the scheduled time for whatever cause, the Company shall have the right to deny the passenger to board the aircraft and the Company shall not be liable for any loss or damage including the expense incurred as a result of the fact that you have failed to comply with the provision of this clause and it shall be deemed that this reservation becomes void and cannot be refunded.

                6.4 General Provision

                You shall be solely responsible for the compliance with the laws, rules, orders, requests and requirements of the country that you will be departed from, the country that you will be arrived in, the country that you will transit through and/or the compliance with the aviation regulations of the Company as well as the explanations concerning the said matters of the Company. The Company shall not be responsible for the provision of required documents or the compliance with the said laws, rules, orders, requests and requirements or explanations which are informed verbally or in writing or in any manner or for the effect on you arising as a result of the fact that you cannot provide the said documents or comply with the said laws, rules, orders, requests and requirements or explanations.

                6.5 Required Travel Documents

You shall be responsible for providing, possessing and preparing the documents in order to present them as the travel documents which consist of Identification Card, Government Official Identification Card, card issued by the government authority which is attached with your photo or arrival/departure document or document related to health or other document required by law, rule, order, request and/or provision of the country which you will depart from, the country which you will be arrive in and/or the country which you will transit through. The Company reserves the right not to allow the passenger who fails to comply with or possess the documents required by the said laws, rules, orders, requests or requirement to board the aircraft as specified by the Company.

                 6.6 Rejection of Immigration  

                You consent to pay the fare or compensation and/or fine to be paid whenever the Company needs to send you to the country of origin or any other place according to the order of the state or the immigration agency because you are not allowed to enter the country whether it is the transit or the destination. In such case, the Company reserves the right not to refund the fare to you.

                 6.7 Passenger shall be responsible for fine, expense for confinement etc.

If the Company has to pay any money or fine or compensation or expense incurred as a result of the fact that you have failed to comply with the laws, rules, orders, requests and/or other requirements for travelling of the country which you have departed from or the country which you will travel to or transit through or there is any expense incurred from the preparation of necessary documents, you are willing to repay the said money to the Company in the amount advanced by the Company or the actual amount of expense. In this case, the Company shall use the value of the ticket which is not used by you for travelling or any of your amount which is in the possession of the Company for the payment or the expense.

                6.8 Inspection for Safety Reason

                You have to go through the inspection or any other mean for safety reason conducted by the government or the airport officer or the related agency or the Company.

Clause 7. Boarding Denial and Aviation Limitation

                7.1 Right to Deny Boarding

                Subject to safety reason or the discretion of the Company, the Company may deny you or your baggage if the Company considers that there is one of the following causes;

                (1) The said act is considered necessary based on safety reason;

                (2) The said act is considered necessary for the purpose of complying with the laws, rules, orders of the state or the country which you will depart from, the country which you will arrive in and the country which you will transit through.

                (3) Your behavior, status, age or mental or physical condition or physical condition of your baggage may cause damage or inconvenience or cause you to be disgusted by other passengers or the crews on board or they are dangerous or may cause any risk to you or other persons or properties.

                (4) You misbehaved during the previous flight and such behavior may reoccur.

                (5) You fail to observe or notice or fail to comply with the explanation or recommendation of the Company.

                (6) You deny to go through inspection for safety reason.

                (7) You fail to make the payment of fare or expense or fee or any tax required to be paid.

                (8) Your fraudulent is illegal.

                (9) You do not have correct and complete travel documents or any document presented to the Company by you are the document which are illegally obtained or the document bought from other person that is not the Company or the licensed agent of the Company or the documents which have been notified as lost or stolen or forged document or if it is found that your ticket is fake or revised by other person who is not the Company or the licensed agent or is damaged and the Company reserves the right to recall and seize the said documents.

                (10) The person who submits the documents for checking in cannot prove or identify himself that he is the same person whose name is indicated as a passenger in the document or of the flight.

                7.2 Unaccompanied Child

                The Company reserves the right not to allow a child under the age of 12 years to travels alone except for travelling with the person older than 18 years.

If it is necessary for such child to travel, he or she must be given consent by the parents or legal representatives of the child, the reservation with special service request must be made at least 48 hours before departure time at the customer service center at number 0 2118 8888 or at the customer service center at the airport. The price and fee are according to the company policy with conditions as follows

                (1) In case of travelling with other airline, the rules of such airline may apply. The parents or legal representative or person accompanying the said child has to contact with such airline directly in order to ask for information or make additional enquiry and such person have thoroughly studied and understood.

                (2) In case the child travels alone, such child shall not have any mental symptom or illness.

                (3) In case the child travels alone, no pet is allowed.

                (4) The parents or legal representative or person accompanying the child shall be responsible for checking and preparing the visa prior to the travelling and/or related documents.

                7.3 Passenger who requires special assistance

                The Company shall consider dividing the passengers who require special assistance into 2 levels as follows;

                (1) Passengers who require assistance shall include passengers who require the assistance during the flight or during the travelling but can still walk by themselves to board the aircraft. In this case the Company agrees to let the said person travel alone by accepting the reservation and check-in. However, in case of need of wheelchair for the purpose of convenience, the Company shall provide the service and let the passenger walk into the aircraft cabin by himself at the aircraft gate only.

                For the convenience of the use of service, the passenger requiring assistance who requires wheelchair service or any service shall notify the Company at the time of reservation at least 48 hours prior to the departure time in order to allow the Company to prepare the service. In case the reservation is made via other channels, the passenger shall contact the customer service center at Telephone Number 0 2118 8888 at least 48 hours prior to the departure time. In case of failure to notify the Company in advance, the passenger may not be able to obtain the special service immediately upon the check-in process and the Company shall not be liable for any inconvenience and damage arising in all cases.

                (2) The passengers requiring special assistance shall include passengers who require other person to assist during travelling, boarding and leaving the aircraft and or who cannot travel alone for whatever cause (including children under the age of 12). In this case, the Company shall accept the travelling under the condition that the said passenger shall be accompanied (Escort/Accompany) by other person who shall assist such passenger during the flight and the time of boarding and leaving the aircraft.

For the convenience of the use of service, the passenger requiring special assistance who requires wheelchair service or any service shall notify the Company at the time of reservation at least 48 hours prior to the departure time in order to allow the Company to prepare the service that is suitable for the type of requested special assistance and shall inform the name of the accompanying passenger who is at least 18 years old (Escort/Accompany) provided such accompanying passenger shall travel with the said passenger in the same flight otherwise the Company reserves the right to deny such passenger who requires special assistance for safety reason

Due to the limitation on the assistance to be provided in case of emergency, in case the reservation is made via other channels, the passenger shall have to contact the Customer Service Center at Telephone Number 0 2118 888 at least 48 hours prior to the departure time. In case of failure to notify the Company in advance, the passenger may not be able to obtain the special service immediately upon the check-in process and the Company shall not be liable for any inconvenience and damage arising in all cases.

                7.4 Pregnant Woman

                For safety reason, the pregnant passenger shall have to inform the company of the period of pregnancy at the time of reservation and shall also inform at the check-in counter. The Company’s conditions for the travelling are as follows;

                (1) In case the period of pregnancy is less than 28 weeks, the Company allows such passenger to travel without a medical certificate.

                (2) In case the period of pregnancy is 28 weeks and 1 day to 36 weeks, the passenger is required to present a medical certificate confirming the number of weeks of pregnancy and stating that the passenger is fit for the travelling including the documents of certification related which have been issued for a period of not more than 7 (seven) days until the departure date

                (3) In case the period of pregnancy is 36 weeks 1 day or more, the Company reserves the right to deny the service.

                7.5 Right not to Refund

                The Company reserves the right according to the terms and conditions of each reservation booking designator (RBD) not to refund the cost of ticket and any service fee and fee to the passenger who has been denied to board the aircraft.

                 7.6 Service Provider

                For reason of operation, the Company reserves the right to hire the third party to operate some certain flights.

Clause 8. Damage to passengers

                The company reserves the right to take responsibility for the damage occurred in case the passenger is passed away or injured with the condition that the accident which causes damage is occurred in the aircraft or during moving people into or out of the aircraft only.

Clause 9. Baggage

                9.1 Items which are not considered as baggage

                In addition to the definition, the items which are not considered as baggage or cannot be included in the baggage which passenger shall not include them in your baggage are as follows;

  1. Item which is not contained in bag or container suitable for safe air transportation.
  2. Item which may be dangerous to the aircraft or person or property on board such as items specified in the Regulations on Dangerous Goods of the International Civil Aviation Organization – ICAO or the International Air Transport Association –IATA or the aviation regulations of the Company.
  3. Item which cannot be transported by air under the law, rule or order of any state which you will depart from, travel to or transit through.
  4. Item which is reasonably considered that are not suitable for air transportation due to its weight, size or character.
  5. Item which is fragile or easily damaged.
  6. Fresh seafood or any other frozen meat which may be contained in handbag and carried on board whether there is ice contained with such seafood or meat or not unless the Company is satisfied that it is properly packed. If the passenger denies the inspection, the Company shall have the right to deny such baggage.
  7. Gun and gun powder.
  8. Explosives, flammable or non-inflammable gas whether it is aerosol paints, butane gas, kerosene, refrigerated gas such as filled aqualung cylinders, liquid nitrogen (such as paints, thinner, infective substances), flammable solid (such as match, lighter etc.), peroxide organic substance (such as raisin etc.), toxic object, infectious substance (such as virus, bacteria etc.), radioactivity (Such as radium etc.), corrosive substance (such as  acid, alkali etc.), mercury, thermometer,  magnetic substances, oxidizing materials (such as bleaches) or as determined by the Company.
  9. Objects which the company considered as weapon, object equivalent to gun, sword, knife, weapon by its nature or object which is not a weapon by its nature but may be used as weapon or any object of similar nature may be considered as the checked baggage according to the aviation regulations of the Company. However, such objects are not allowed to be kept in the cabin or as determined by the Company.

                  9.2 Valuable and Fragile Property         

The said property includes money, jewelries, precious stones, silverwares, computers electronic devices, negotiable instruments, securities or other valuables, business documents, passports and other identification documents, title deeds, original documents or any other item of similar natures or as determined by the Company. The Company reserves the right not to take responsibility for any damage or loss.

                  9.3 Pets

The Company reserves the right not to allow the passenger to bring any pet on board in any case except for the pet which has been trained to take care of disable person.

                 9.4 Baggage which requires special care

The Company does not have the policy to take care of, store, keep and provide any service for items or baggage which requires special care such as medical device, sports equipment, bicycle etc. and the passenger is well aware that the baggage weight allowance is in accordance with the terms and conditions of the type of reserved ticket or as determined by the Company.

                 9.5 Right to Search

For safety and security reason and any measure related to the airport or government agency or authority or the Company, we may request for your permission to conduct search, x-ray, scan or any other mean and informing or giving of any statement or any process in order to inspect your body and baggage. The inspection and search of your baggage may be conducted when you are not in the place or at the time in order to search that if you possess any object specified in clause 8.1 or object or military ordnance which is not declared to the Company as specified in clause 8.1 or there is such object in your baggage or not. In case you do not consent to comply with the said requirement, the Company shall have the right not to allow you and your baggage to travel in any flight of the Company and the Company shall have the right not to refund or be responsible for any other obligation. However, if it appears that the search, x-ray, scan or any other mean causes any damage or defect to you or your baggage, the Company shall have the right not to be liable for such damage unless such damage is caused by intention and negligence of the Company only.

In case of necessity, you have to give your cooperation in the search of your baggage whether such baggage is registered or not registered with the customs official or the official from other government agencies and the Company shall have the right not to be liable for any loss or damage arising to you due to the fact that you cannot comply with the said requirement.

                  9.6 Checked baggage

Once you register your baggage, the Company shall issue baggage identification tag for each checked baggage. Each checked baggage weight shall not exceed 32 kilograms. Your baggage shall be firmly affixed with your name or other identification evidence. The checked baggage shall be transported with the flight you are travelling with except when the Company chooses to transport the baggage with other flight for safety or security reason or reason of aviation operation. In case your checked baggage is transported by the following flight or other flight, the Company shall manage to have such baggage arrived at your destination within reasonable time unless in case there is any provision of the rules, regulations or laws specifying that you have to identify yourself in order to request for the collection of the baggage to the customs official or the official related to such matter or as determined by the Company.

                  9.7 Transportation of Baggage without Charge

The total weight of luggage and baggage shall not exceed the weight allowance without expenses subject to the terms and conditions specified in the aviation regulations of the Company’

For Thailand Domestic routes

(1) For Economy Class “Smile Promotion”, “Smile Saver”, “Smile Value” and “Smile Flexi”, there shall be no expense charged if the total weight of luggages and baggage does not exceed 20 kilograms their sizes are in accordance with the requirement of the Company.

(2) For Premium Economy Class “Smile Plus”, there shall be no expense charged if the total weight of luggage and baggage does not exceed 30 kilograms and their sizes are in accordance with the requirement of the Company.

(3) There shall be no expense charged if the total weight of carry-on luggage or bags shall not exceed 7 kilograms and their sizes are in accordance with the requirement of the Company.

 

For International routes

(1) For Economy Class “Smile Promotion” and “Smile Saver”, there shall be no expense charged if the total weight of luggages and baggage does not exceed 20 kilograms their sizes are in accordance with the requirement of the Company.

(2) For Economy Class “Smile Value” and “Smile Flexi”, there shall be no expense charged if the total weight of luggage and baggage does not exceed 30 kilograms and their sizes are in accordance with the requirement of the Company.

(3) For Premium Economy Class “Smile Plus”, there shall be no expense charged if the total weight of luggage and baggage does not exceed 40 kilograms and their sizes are in accordance with the requirement of the Company.

(4) There shall be no expense charged if the total weight of carry-on luggage or bags shall not exceed 7 kilograms and their sizes are in accordance with the requirement of the Company.

 

                   9.8 Excess Baggage

Please read additional details under topic Expense for Excess Baggage.

                   9.9 Unchecked baggage

The Company allows each passenger to carry one standard unchecked baggage on board. Carry-on bag is considered the unchecked baggage and shall not weight more than 7 kilograms and with size as specified by the Company. Your carry-on baggage shall fit in the space in front of the seat or the cabin locker. The baggage indicated by the Company as an excess or oversize baggage shall not be allowed to be carried to the cabin in all cases.

The passenger is allowed to bring food and fruits on board provided that such food and fruits are contained in properand sealed container and will not affect the service of the Company or disturb other passengers and the Passenger has notified the Company every time in advance such as durian, jackfruit, pickled fish, salted fish, Bu Du sauce or food or fruit of similar nature or the food with strong odor which are considered as the prohibited objects in domestic or international level or as determined by the Company.

                  9.10 Collection and Delivery of Baggage

You have to collect your baggage immediately at the collection point at the destination. If you fail to collect your baggage within 3 days, the Company shall have the right to charge a baggage storage fee or if you do not claim the checked baggage within 3 months from the date you are supposed to collect the baggage, it shall be deemed that you have waived the right in the said baggage and the Company shall have the right to do anything with the baggage without having to be liable to you. Only the person whose name is shown in the baggage tag shall have the right to deliver the baggage from the time it has been registered in and to collect the baggage from the baggage collection point or from the Company. If any other person claims the baggage without the baggage identification tag, the Company shall allow such person to collect the baggage only when such person can prove his/her right in the baggage to the Company until the Company is satisfied. If requested by the Company, such person needs to declare his/her sufficient reasons and confidence that he/she shall compensate for any loss, damage or expense which may arise to the Company as a result of the delivery of such baggage. However, in case of the collection of baggage by a person holding the baggage identification tag without any claim raised at the time of delivery of such baggage, it shall be deemed that such baggage is delivered in good condition and the passenger or the owner of the baggage or the person collecting such baggage on behalf of other person has duly and completely agreed to accept the baggage.

                  9.11 Delayed and Lost Baggage

In the case that you arrive at the destination and do not receive the checked baggage, the passengers shall inform ground officer or company representative at the destination airport to issue Property Irregularity Report (PIR) form and the passengers shall present travelling document including identification card or passport, seat ticket, baggage tag to the office immediately or inform customer service center by phone no later than 21 days from the date the passengers arrive the destination.

The company shall consider the checked baggage is lost after the passenger arrives for 21 days from the date such checked baggage should arrive.

                 9.12 Damaged Baggage

The Company reserves the right not to make a compensation for any damage arising as a result of defects, quality, or degeneration of checked baggage unless such damage is caused by a fault of the Company, its employees or representatives such as scratch, scrap, nicked mark, small cut, small dent, small stain, dirt, damage to bag strap, lock, zip, trace of damage which has been repaired, over-packed baggage including special packaging for souvenirs, foods and beverages, musical instrument, picture, medical equipment, sport equipment which are fragile etc. as determined by the Company.

If passengers would like to claim for the damage of checked baggage, they shall inform ground service officer or company representative at the destination airport to issue Property Irregularity Report (PIR) form and the passengers shall present travelling document including identification card or passport, seat ticket, baggage tag to the office immediately or inform customer service center by phone no later than 7 days from the date the date to receive baggage back.

                 9.13 Limitation of Liability

In case the checked baggage is lost or damage, the company shall consider for compensation for the amount of not exceed 1,131 unit of special right to withdraw money (1,131 SDR) per passenger (exchange rate can be checked at www.imf.org)

For such compensation, the Company may consider refunding in Thai Baht first unless agreed otherwise. The passenger is required to fill out a form and provide information as specified by the Company.

                 9.14 Claim Period

Right to claim the damage shall be terminated, if there is not prosecution within two years from the date of arrival or the date the plane should be arrived or the date the traveling is finished depending on the case.

                 9.15 Policy concerning baggage

The Company may establish the terms and conditions, agreements or regulations of the Company concerning any baggage. The passenger can study and try to understand the additional baggage policy at www.thaismileair.com.

Clause 10. Flight Schedule Change, Flight Cancellation and selling tickets more than numbers of seat

                In case of cancellation or delay of the flight or selling ticket more than numbers of seat resulting the airline to deny passengers or downgrade passenger seat, the Company agrees to comply with the provisions provided in the Announcement of the Ministry of Transportation and Communications on the Right of the Passenger Using Service of Airlines of Thailand for Regular Domestic Flights dated 6th October 2010.

Clause 11. Refund

                11.1 General

                In case the Company cannot provide the flight as specified, the Company agrees to refund the fare or part of the fare to you as agreed in this clause and in accordance with the aviation regulations of the Company. For any other cases provided in these Terms and Conditions, the Company shall not refund the fare when requested unless it is in accordance with the aviation regulations of the Company as determined by the Company.

                11.2 Persons entitled to receive refund

                The Company shall refund the money to the person who has paid the fare or in accordance with an order of such person only. The said person shall have to present the original of payment evidence or any other document issued by the bank who provides credit or debit card service to confirm with the company.

                11.3 Procedures

                The request for refund shall be supported by submission of documents together with the original of flight details and/or booking number, evidence of payment, identification card and any other documents requested by the Company as determined by the Company.

                11.4 Currency

                All refund is subject to the law, rules and regulations or orders of the Government of the country which the reservation has taken place and subject to the above mentioned provision, the Company shall refund the money in the same currency used for paying the fare. However, the Company may consider refunding in other currencies in accordance with the aviation regulations of the Company.

Clause 12. Conduct on Board

                12.1 In case the Company finds that your conduct on board may put the aircraft or other persons or properties on board in danger or obstruct the operation of pilots or cabin crews or is not in compliance with the orders of the pilots or cabin crews or you verbally threaten, scold or insult the pilots or cabin crews or conduct in such manner against the pilots or cabin crews or conduct in the manner which causes  any trouble or is opposed by other passengers, the Company consider as deemed reasonable in order to prevent such conduct to continue which may include the act of suppressing or forcing or inviting you to leave the aircraft and a related legal procedures may be taken.

                   12.2 The Company has the right to exercise its discretion to consider and make a decision to amend or change the flight as a result of your conduct for the purpose of offloading you and the Company shall have the right to request you to be liable for any damages or expenses arising in full.

                12.3 For safety reason and aviation standard, the Company reserves the right not to allow you to use any electronic device or any other equipment of the similar character except hearing aid devices and heart pacemakers throughout the period of operation of the aircraft.  The examples of the equipment and devices which their use is prohibited throughout the period of the flight consist of portable radio and voice recorder, mobile phone, laptop computer, cassette and CD player, electronic games or transmitting device (Including radio-controlled toys and walkie-talkies) as determined by the Company.

                12.4 Food and drinks are not allowed on board.

Clause 13.  Limitation of Period of Claims and Actions

                13.1 Submission of Claim

                No action for claim against the Company in case of damage (including some certain losses) or delay to the checked baggage shall be allowed unless the person submitting the claim to the Company has submitted the claim immediately after discovering such damage and within 24 hours after receiving the baggage. All complaint shall be made in writing and sent to the Company within the said period as determined by the Company.

                13.2 Period of Action

                The right in case of damage, lost and delayed shall be cancelled if you fail to take action against the Company within a period of 90 days after the date of arriving at the destination or after the date the aircraft should have arrived.

Clause 14 Amendment of regulations, rules or conditions

                Agents, employees or representatives of the Company shall not have the power to amend or exclude any clause contained in these Terms and Regulations.

Clause 15 Applicable Law

                Any request, complaint, difference, dispute and/or claim of right arising out of ore in connection with these Terms and Regulations or the conditions of agreement or the aviation regulations of the Company shall be governed by the law and jurisdiction of the court of the Kingdom of Thailand.

Clause 16 Scope of Responsibilities and Disclaimers

                The Montreal Convention or the Warsaw Convention may apply to your travelling and these conventions shall govern and may limit the liabilities of the air carriers in case of death or injury, loss of or damage to luggage and delay as determined by the Company.

                The headings and contents contained in these Terms and Regulations are provided for the purpose of convenience only and cannot be used for the purpose of interpretation. The passenger is recommended to study and try to understand before departure every time. In case of doubt, please contact the airline in order to obtain clear information via the airline’s channels.

 

Thai Smile Airway Co., Ltd.

Bangkok, 28 June 2018 

 

 

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