Definitions

Meanings : In these Terms and Conditions, these particular expressions have the following meanings:

• "We", "our", "ourselves”,” us" and "Carrier" means Sky Asia Co., Ltd., a Thai limited company who operates Nok Air airline..
• "Passenger"," you", "your" and "yourself" means any person, except members of the crew, carried or to be carried in an aircraft with our consent.
• "Baggage" or "baggage" means your baggage accompanying you in connection with your trip. Unless otherwise specified, it includes both your Checked and Unchecked Baggage;
• "Baggage Identification Tag" means a document issued by us solely for identification of Checked Baggage.
• "Checked Baggage" means baggage of which we take custody and for which we have issued a Baggage Identification Tag; it is also sometimes referred to as "registered baggage".
• "Unchecked Baggage", means any baggage other than Checked Baggage including all items brought by you into the aircraft cabin.
• "Tariff" means our fares and charges published electronically or on paper.
• "Website" means the internet site www.nokair.com or www.nokair.co.th provided by us for the purpose of Passengers making online bookings and to access information about us.
  

1. Applicability

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

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

1.3 Language : The language of these Terms and Conditions is Thai. In case these terms and conditions are translated into other languages, the Thai version shall be the sole language used in the interpretation of these Terms and Conditions.

2. Tickets / Itinerary

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

2.2 Transferability : The contract for carriage between you and us is non-transferable and only valid for the passenger named and the flight specified therein.

2.3 Identity : You will be required to identify yourself during check-in procedure by presenting appropriate photo identification such as passport, citizen ID card with photo, or other officially issued card with photo.

3. Fares

3.1 Fares apply only to carriage from the origin airport to the destination airport. Fares exclude ground transport services between airports and between airports and town terminals unless otherwise specifically stated by us. We are strictly a point-to-point carrier and shall not be responsible to you for any connecting flights or your scheduled arrival.

Infants: An infant under the age of two (2) years may fly at no charge on an adult's lap, only one (1) infant is allowed for one (1) adult. Neither baby seats nor perambulators are allowed to/provided on board .

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

3.3 Currency : Fares and charges are payable in the currency prescribed in our publishing unless otherwise specifically stated by us.

4. Booking of Seats

4.1 Confirmation of Booking : The booking of a Seat is confirmed after full payment of the fare is made and after we issue you a booking number and/or the Itinerary is issued by us.

4.2 Group Booking : If you wish to make a booking for more than 9 peoples traveling together, you must book via our staff at Call Center Tel. 1318 or 662-900-9955 for oversea call (8:00 a.m.-9:00 p.m.), online booking is not applicable.

4.3 Change :

Change can be made up to 1 day before the day of departure (except for name change, see below). Any change made to the flight information shall be subject to the following conditions:

(a) Economy Class, change can be made through Call Center Tel. 1318 or 662-900-9955 for oversea call (8:00 a.m.-9:00 p.m.) and Airport Ticket Counter subject to the following conditions:
   1. “Flight Change” and/or “Destination Change”
        - Through Call Center 1318. The flight and/or destination change may be made at least 24 hours before the departure. Passenger making such change will be subject to change fee of Baht 535 (VAT included) plus (i) the difference of the fare between the moment of booking and the moment of change (if any) and (ii) service fee charge of Baht 21.40 (VAT included) per passenger per change. The payment according to this channel dues immediately at call, and must be made by credit card only.
        - Through Airport Ticket Counter. The flight and/or destination change may be made at least 24 hours before the departure. Passenger making change will be subject to change fee of Baht 535 (VAT included) plus (i) the difference of the fare between the moment of booking and the moment of change (if any) The payment according to this channel dues immediately at change; provided that the payment may be made either by cash or credit card.

   2. “Name Change”
        - Through Call Center 1318. The name change may be made at least 4 hours before the departure. Passenger making such change will be subject to change fee of Baht 535 (VAT included) plus service fee charge of Baht 21.40 (VAT included) per passenger per change. The payment according to this channel dues immediately at call, and must be made by credit card only.
        - Through Airport Ticket Counter. The name change may be made at least 4 hours before the departure. Passenger making such change will be subject to change fee of Baht 535 (VAT included) per passenger per change. The payment according to this channel dues immediately at change; provided that the payment may be made either by cash or credit card.

(b) Nok Plus , change can be made through Call Center Tel. 1318 or 662-900-9955 for oversea call (8:00 a.m.-9:00 p.m.) and Airport Ticket Counter subject to the following conditions:
   1. “Flight Change”
        - Through Call Center 1318. The flight change may be made at least 24 hours before the departure. Passenger making such change will be subject to service fee charge of Baht 21.40 (VAT included) per passenger per change. The payment according to this channel dues immediately at call, and must be made by credit card only. There is no change fee, no difference in fare charge, and unlimited number of flight change is allowed for 3 months from the booking date.
        - Through Airport Ticket Counter. The flight change may be made at least 24 hours before the departure. The change will be made free of charge and with unlimited number of flight change allowance for 3 months from the booking date.
   2. “Name Change”
        - Through Call Center 1318. The name change may be made at least 4 hours before the departure. Passenger making such change will be subject to change fee of Baht 535 (VAT included) plus service fee charge of Baht 21.40 (VAT included) per passenger per change. The payment according to this channel dues immediately at call, and must be made by credit card only.
        - Through Airport Ticket Counter. The name change may be made at least 4 hours before the departure. Passenger making such change will be subject to change fee of Baht 535 (VAT included) per passenger per change. The payment according to this channel dues immediately at change; provided that the payment may be made either by cash or credit card.
   3. “Destination Change”
        - Through Call Center 1318. The destination change may be made at least 24 hours before the departure. Passenger making such change will be subject to (i) the difference of the fare between the moment of booking and the moment of change (if any) and (ii) service fee charge of Baht 21.40 (VAT included) per passenger per change. The payment according to this channel dues immediately at call, and must be made by credit card only.
        - Through Airport Ticket Counter. The destination change may be made at least 24 hours before the departure. Passenger making such change will be subject to the difference of the fare between the moment of booking and the moment of change (if any). The payment according to this channel dues immediately at change; provided that the payment may be made either by cash or credit card.

(c) Modification on confirmed booking is completed once the payment has been made. Please note that your booking number will remain unchanged.

(d) Nok Air reserves the right not to refund service fee, change fee, or difference in fare charge caused by modification on the booking.

4.4 Payment : In the event that the fare has not been paid in full when a booking is confirmed for any reason whatsoever, we reserve the right to cancel the booking prior to check-in and/or to disallow you to board the aircraft, and/or do other actions (including refund whole or partial payment paid by you) as we deemed fit at our sole discretion.

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

4.6 Selecting your Seat : In case of online booking, after the payment has been made, you can select your seat. This feature is not available through other channels such as call center and counter at the airport.

5. Check-in and Other Requirements of Carriage

5.1 Check-In, Deadlines and Conditions : Our check-in counters are open one and a half (1.30) hours before the scheduled flight departure time and close forty-five (45) minutes before the scheduled flight departure time. Check-in deadlines may vary at different airports and for particular flights. It is your responsibility to ensure that you comply with these deadlines particulars of which will be available at the time you make your booking. In any event, without derogating from the generality of other provisions of these Terms and Conditions governing the right of refusal of carriage, we reserve the right not to allow you to check in without any liability to you and without making refund and/or any liability to you.

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

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

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

5.5 Passenger Responsible for Fines, Detention Costs, etc. : If we are required to pay or deposit any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries flown from, into or over or to produce the required documents, you shall on demand reimburse to us any amount so paid or expenditure so incurred or to be paid. We may apply towards such payment or expenditure the value of any carriage unused by you, or any funds due to you in our possession.

6. Refusal and Limitation of Carriage

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

•  Such action is necessary for reasons of safety or security;

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

•  your conduct, status, age or mental or physical condition or the physical condition of your baggage is such as to (i) require special assistance or (ii) cause harm, discomfort or make yourself objectionable to other passengers or our crew or (iii) involve any hazard or risk to yourself or other persons or to property;

•  you have committed misconduct on a previous flight and such conduct may be repeated;

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

•  you have refused to submit to a security check;

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

•  the payment of your fare is fraudulent;

•  you do not have the proper documents for travel;

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

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

•  the Itinerary or booking or Electronic Ticket is counterfeit or fraudulently obtained;

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

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

6.2 Other Limitations

  Pregnant Passengers : It is the duty of pregnant passengers to advise us of the progress of their pregnancy at the point of booking the package. Our carriage of pregnant passengers are subject to the following conditions:

•  Pregnancy up to 27 weeks: we will carry without a doctor's certificate.

•  Pregnancy 28 weeks to 35 weeks: passenger shall produce a doctor's certificate confirming that she is fit to travel.

•  Pregnancy 36 weeks and above: we will refuse carriage.

We're not allowed the children age below 12 years old to travel alone

Others: We may cancel or disallow any passengers that we deem inappropriate to board the aircraft and/or use any Nok Sabai Package Service.

7. Baggage

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

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

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

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

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

•  Fragile or perishable items;

•  Live or dead animals;

•  Human or animal remains;

•  Fresh or frozen seafood or other meats provided that such items may be carried on board as hand luggage only if we are satisfied that they have been properly packed;

•  Firearms and ammunition;

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

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

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

7.3 Checked Baggage : Upon delivery to us of Baggage to be checked, we shall take custody thereof and issue a Baggage Identification Tag for each piece of Checked Baggage. Checked Baggage must have your name or other personal identification affixed securely to it. Checked Baggage will be carried on the same aircraft as you unless we decide for safety, security or operational reasons to carry it on an alternative flight. If your Checked Baggage is carried on a subsequent flight we will deliver same to you within a reasonable time of arrival of that flight unless applicable law requires you to be present for customs clearance.

7.4 Free Baggage Allowance : You may transport free of charge checked Baggage up to 2 baggage with a maximum weight of 15 kg (30 kg for Nok Plus, start 15 November 2004), one of them cab be carried on board at no charge subject to the conditions and limitations contained in our Terms and Conditions.

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

7.6 Unchecked Baggage : Only one (1) piece of baggage is allowed to be carried on board provided that it does not exceed the dimensions of 56cm X 36cm X 23cm and provided that it does not weigh more than 7kg. Such baggage must fit under the seat in front of you or in an enclosed storage compartment in the cabin. Items determined by us to be of excessive weight or size or of an offensive nature will not be permitted on board.

7.7 Collection and Delivery of Baggage : You shall collect your Baggage as soon as it is available for collection at places of destination. If you do not collect it within a reasonable time and the baggage needs to be stored at our premises, we may charge a storage fee. If Checked Baggage is not claimed within three (3) months of the time it was made available to you, we may dispose of it without any liability to you. Only the bearer of the Baggage Identification Tag delivered to the Passenger at the time the Baggage was checked, is entitled to delivery of Baggage. If a person claiming the Baggage is unable to produce a Baggage Identification Tag for identification of the Baggage, we will deliver the Baggage to such person only on condition that he has established to our satisfaction his right thereto, and if required by us, such person shall furnish adequate security to indemnify us for any loss, damage or expense which may be incurred by us as a result of such delivery. Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is prima facie evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage between us.ticle

7.8 Delayed Baggage – Interim Payment
If the checked baggage cannot be returned to the passenger after arrival at the destination airport, an apology as well as an on-the-spot/Interim payment of THB 500 (per passenger) is offered to the passenger by the handling agent. The “Claim Form” must be completed for this purpose.

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

7.10 Damaged Baggage
Nok Air is liable for damages to passenger's checked baggage (packaging and content) if liability has not been excluded under one of the previous sections. The passenger must report any damages to Nok Air's ground handling agent immediately after the baggage has been reclaimed at the destination airport. Nok Air will pay THB 400 per kg. (per piece of baggage. Nok Air Supervisor and The handling agent has the authority to decide between the two options on the spot.) Claims can be made by completing the “Claim Form” available at the handling agent or Airport Ticket Counter.

8. Schedules, Cancellations

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

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

•  carry you at the earliest opportunity on another of our scheduled services on which space is available without additional charge and, where necessary, extend the validity of your booking; or

•  make a refund to you.

9. Refund Process

9.1 Availability: Refund is available in case of flight cancellation (by us) only.

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

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

10. Conduct Aboard Aircraft

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

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

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