General Terms and Conditions of Carriage of Passengers and Baggage

Clause 1 – Definitions

1. “Airline” as used in these General Conditions refers to Cebu Air, Inc. (“Cebu Pacific Air”).
2. “Baggage” means any personal property brought by the Passenger. Unless otherwise specified, it includes both Checked and Hand Baggage.
3. “Baggage Tag” means a document issued by the Airline to identify a Checked Baggage.
4. “Checked Baggage” means baggage which has been checked in for carriage in the cargo hold of the aircraft and for which the Airline has issued a Baggage Tag while “Hand Baggage” means any baggage and all other items brought by the passenger into the aircraft cabin.
5. “Cancellation” means the act of calling off a flight.
6. “Check-in deadline” refers to the point in time before the published ETD on or before which a passenger must present himself to the airline check-in counter not less than forty-five (45) minutes before such ETD. The check-in deadline shall be determined by the Airline and may be changed from time to time.
7. “Check-in period” is the time when the airline’s check-in counters open to accept and process passengers checking in for their flights and closes not less than forty-five (45) minutes, before such ETD. The check-in period shall be determined by the Airline and may be changed from time to time
8. “Damage” includes death, bodily injury to a Passenger, loss, partial loss or other damage, arising out of or in connection with carriage by air.
9. “Delay” is the result of the deferment of a flight to a later time. “Terminal Delay” is a delay that occurs while passengers are still inside the terminal waiting for boarding, while “Tarmac Delay” is a delay that occurs while passengers are already onboard the aircraft, reckoned from the closing of the aircraft doors, or when the aircraft is at the gate with the doors still open but passengers are not allowed to deplane.
10. “Fare” is payment in consideration for the carriage of a passenger and may either be “Regular Fare” which the Airline offers on a regular basis or “Promotional Fare” which is generally lower in price and usually limited as to time, usage, and space availability.
11. “General Conditions” relates to these general terms and conditions of carriage of the Airline.
12. “Itinerary Receipt” means a document that includes the Passenger’s name, flight information, booking number, excerpts or summary of the General Conditions and the notices.
13. “No-show” is the failure of the passenger to appear at the check-in counter within the check-in deadline or to show up at the boarding gate at the time indicated on the boarding pass.
14. “Passenger” refers to a person traveling by air whose name appears in the Airline’s itinerary receipt.
15. “Passenger Name Record” (PNR) or “Record Locator” is the alphanumeric code used in the Airline’s reservation system pertaining to the passenger’s specific seat reservation or booking reference.
16. “Person with disability” or “PWD” refers to any person who is suffering from restriction or different abilities, as a result of a mental, physical or sensory impairment, to perform an activity in the manner or within the range considered normal for a human being.
17. “Person with Reduced or Limited Mobility” or “PRM” (EU Regulation No. 1107/2006) refers to a person whose mobility when using transport is reduced due to any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation needs appropriate attention and the adaptation to his or her particular needs of the service made available to all passengers
18. “Regulations” refer to policies adopted by the Airline from time to time which the Airline may publish on its website or elsewhere, or statements contained in or delivered with the Itinerary Receipt, and notices available at the Airline’s offices or the offices of its authorized representatives and at the check-in counters.
19. “Seat” means a seat in the Airline’s aircraft on a specific date and on a specific flight.
20. “Sector” means the flight from the airport at the point of origin to the airport at the point of destination. “Sum of Sectors” or “Through Fares” refers to a combination of two connecting sectors which will be treated as one flight and must be used in sequence as booked.
21. “Senior citizen” refers to any resident citizen of the Philippines at least sixty (60) years old.
22. “Tariff” means the Airline’s published fares and charges.
23. “Travel Fund” means the fund created for the Passenger’s convenience which can be used to offset the expenses of future bookings.

Clause 2 - Interpretation

Copies of this General Terms and Conditions of Carriage of Passengers and Baggage (the “General Terms and Conditions”) are available in several languages and in case of doubt, the English language version shall prevail. Headings to Clauses in this General Terms and Conditions are for convenience only and are not intended to affect their meaning.

Clause 3 - Applicability

This General Terms and Conditions apply only on flights or flight Sectors where the name of the Airline or its Airline Designator Code is indicated in the Itinerary Receipt for that flight or flight Sector. In the event of any inconsistency between applicable law, rules and regulations and any provision of this General Terms and Conditions, the law, rules and regulations shall prevail, but all other provisions of this General Terms and Conditions not so inconsistent shall remain valid.

Clause 4 - Itinerary Receipt

The Airline will carry a Passenger only (a) if he is named in the Itinerary Receipt, (b) if his booking is confirmed in the reservations system, and (c) upon presentation of proof of identification and such valid travel documents as may be required by applicable law. Flight reservations are valid only for the flights, dates and routes stated in the Itinerary Receipt.

Clause 5 - Fares, Taxes, Fees and Charges

5.1 Fares

Fares must be paid in full prior to the issuance of the Itinerary Receipt and apply only to carriage from the airport of origin to the airport of destination. Fares are considered flown and will be forfeited when a passenger is a no-show at the check-in counter or, following successful check-in, at the boarding gate. Fares do not include:

1. ground transport services between airports and between airports and town terminals;
2. administrative and service fees and other charges;
3. government taxes, fees and charges; or
4. government-authorized Airline surcharges.

5.2 Taxes, Fees and Charges

Government taxes, fees and charges and government authorized Airline surcharges including administrative and service fees and other charges are generally collected by or for the Airline at the time of payment of the reservation. If not included in the fare, these are shown separately in the “Tax/Fee/Charges” boxes of the Itinerary Receipt. Taxes and charges on domestic or international air travel are subject to change and, if not collected by the Airline, will be payable upon check-in or prior to departure to the Airline or directly to the concerned government agency.

5.3 Currency

Fares and charges are payable in the published currency.

5.4 Sum of Sectors (SOS/Through Fares)

Sum of Sectors or Through Fares must be used in sequence, as booked. Cancellations and flight changes such as rerouting or rebooking will not be permitted once any of the segments is used. The fare for the unused portion of the through sector is non-refundable. Subject to Airline’s policy, passengers may use SOS bookings even if not in sequence but the first sector shall be considered flown.

5.5 Infant’s Fee, Tax and Other charges

Infants (a) sitting on an adult’s lap and (b) below two [2] years of age will be charged a minimal handling fee. Infants may be subject to taxes, fees and charges not imposed by the Airline but imposed by appropriate airport or foreign authorities.

5.6 PWD and Senior Citizen Discount on Fares

5.6.1 During booking, a PWD or PRM is entitled to a twenty percent (20%) discount on regular fare for domestic air travel upon presentation of a valid Identification Card issued by the National Council on Disability Affairs (NCDA) or a local government unit. The 20% discount shall be applicable only for fares and for payment over the counter and not applicable for online booking. *pending regulatory approval

5.6.2 A Filipino Senior Citizen (FSC) is entitled to a twenty percent (20%) discount on regular fare for domestic air travel and exemption from Value Added Tax (VAT) on fares only on the purchase of the itinerary for the FSC’s exclusive use. Provided that, upon purchase *pending regulatory approval

5.7 Promo Fares and Lite Fares

Promo Fares and Lite Fares with promo code discounts and the applicable fees, taxes and surcharges are non-transferable, non- reroutable, non-refundable and may not be stored in a Travel Fund but may be rebookable (except to another promo seat after the sale period). Where allowed, rebooking must be done within the Airline’s prescribed period and is subject to the applicable charges such as rebooking fees and fare difference. Taxes, fees and passenger facility charges associated with the non-refundable promo and lite fares cannot be refunded unless required under existing government regulations. *pending regulatory approval

5.8 Regular Fare

Regular Fares are fully refundable in the following cases: a) death of passengers; b) medical cases upon presentation of valid medical certificate and other pertinent documents that the Airline may require; c) flight cancellations; d) flight delays of one (1) hour or more [for delays of less than one (1) hour refund shall be subject to penalties].

Regular fare may be rebooked to a similar or higher booking class subject to applicable fees and fare differences. If the passenger cancels the flight and applies for a Travel Fund, the entire fare less charges may be stored in the Travel Fund.

5.9 Fare Combination

Combination of Regular Fare and Promo Fare in one Passenger Name Record (PNR) is allowed. Flight changes may be done to any of the sectors subject to Airline’s fare rules and applicable charges. *pending regulatory approval

Clause 6 - Reservations and Seating

6.1 Reservations

The Airline flight bookings may be made directly on www.cebupacificair.com, with the Airline’s ticket offices, through its authorized distributors and agents, or via its call center

6.1.1 Booking Confirmation

1. A seat is considered confirmed only if (a) the fare and all applicable taxes, fees and charges collected by the Airline are paid in full by or for the Passenger, and (b) the Airline receives the payment directly or through its authorized agents and representatives.
2. Notwithstanding prior confirmation of the booking, the Airline may cancel a reservation or refuse the carriage of a Passenger if:
• the payment is made or reasonably determined by the Airline to probably have been made fraudulently or illegally; or
• the fare and other amounts due have not been paid in full and the Passenger is unable to pay the balance upon request.

6.1.2 Transferability and Name Change

Subject to the Airline’s policy and appropriate charges, the Airline may allow the transfer of a flight reservation and change of name of any Passenger in the Itinerary Receipt.

6.1.3 Cancellation by Passenger

A Regular Fare Passenger may cancel his entire reservation or any Sector not flown subject to airline’s policy, payment of cancellation penalties and forfeiture of ancillary fees, and that the amount will be stored in the Travel Fund; otherwise, the flight will be considered flown. The Passenger may not rebook the flight or apply for the creation of a Travel Fund if the flight is considered flown and the fare, surcharges, taxes and fees paid will be forfeited by the Airline. *pending regulatory approval

6.1.4 Group Bookings

Group bookings may be made through the Airline’s Group Sales team and will be subject to specific rules on deposits, payment, rebooking and restrictions. In case of group bookings, each passenger belonging to the group acknowledges and confirms that specific authority was given to the person, private or juridical, who made the booking reservation for and in behalf of the passenger traveling as part of the group booking to consent to, agree with, and accept these general terms and conditions of carriage, website terms of use and important reminders and information posted by the airline.

6.2 Seating

6.2.1 Allocated Seating

The Airline practices allocated seating.

6.2.2 Seat Selector

All seats in the aircraft may be reserved during booking by paying a minimal fee per sector. Standard Plus seats for A319/A320 and ATR are near exits for faster disembarkation while Standard Plus seats for A330 have additional legroom. Those who prefer widest leg room and easy access to the aisle, the Preferred seat is a prime choice. In order to get a preferred seat that are considered as exit row seat, passengers must meet certain criteria, as follows:

• Passenger must be at least fifteen (15) years old;
• Passenger must be able to understand and carry out instructions which will be given in English onboard the flight;
• Passenger must be able to speak English;
• Passenger must not be travelling with someone who requires his assistance in an emergency;
• Passenger must be fit and able-bodied;
• Passenger must not have any permanent or temporary impairment (ex: deaf, hearing impaired, blind, vision impaired, any strength or mobility limitation, intellectual impairment or travelling with a service dog);
• Passenger must be able to check outside conditions and react to crew commands;
• Passenger must be able to reach, open, lift and throw out the exit door in an emergency;
• Passenger must acknowledge the exit row briefing given by Cabin Crew once onboard the aircraft;
• Passenger must be willing to help or assist the cabin crew in the unlikely event of an evacuation or emergency situation;
• Passenger must not be seated with an infant or a passenger below 15 years of age;
• Passenger must not require the use of an extension seat belt;
• Passenger must not be elderly.

Seat selector fees are non-transferable, non-reroutable and non-refundable unless full refund is available to the passenger under the General Terms and Conditions or otherwise required by local laws, but may be rebooked subject to airline’s policy. *pending regulatory approval

Clause 7 - Check-in and Boarding

7.1 Airport Requirements

Passengers must present their valid travel documents including but not limited to identification card, passport, visa among others and boarding pass (in case of web check-in) both at airport security checks and at the boarding gate.

7.2 Check-in Counters

7.2.1 Check-in counters open two (2) hours before the estimated time of departure (ETD) unless otherwise dictated by airline policy.

7.2.2 The Airline may refuse to check-in a Passenger and proceed to cancel that Passenger’s confirmed reservation for release to waitlisted passengers if the Passenger fails to show up at the check-in counters at least forty-five (45) minutes before the scheduled departure time of his flight or at a time prescribed by the Airline.

7.2.3 All applicable visa and travel document checks and payment of Checked Baggage fees and excess baggage charges must be completed at check-in.

7.3 Web Check-In

7.3.1 Web check-in is currently available for passengers whose booking has been confirmed. Passengers may check-in on selected flights for their flight through the Airline’s website between seventy two (72) hours to four (4) hours prior to the scheduled flight departure.

7.3.2 Passengers must print a copy of the boarding pass during the Web Check-in process and must read the notes printed on their boarding pass carefully. During the check-in process, the Web check-in facility will display the emergency exit row seats for easy identification.

7.3.3 Passengers who check-in on emergency exit row seats must meet the same criteria provided for availing premium seat in the Seat Selector. The Airline reserves the right to reseat passengers already seated (or checked-in using Web Check-in) on emergency exit seats who do not meet the criteria provided for availing premium seat in order to comply with safety regulations.

7.3.4 In the event of flight disruption or change in aircraft, the Airline will try, but does not commit, to place the Passenger in the same or similar seat. If this is not possible, the Airline may give a refund of the Seat Selector fees in case of flight disruption for reasons other than safety or security.

7.3.5 Web check-in is currently restricted and not available to:

1. Groups of ten (10) or more Passengers booked under a single PNR;
2. Infants and children - if an infant or a child is part of a group under a single PNR;
3. Passengers with waitlisted or open bookings;
4. Passengers requiring special handling;
5. Flights requiring more accurate weight and balance measures
6. Staff travel, interline travel, code share flights, and other non-revenue bookings.
7. SOS bookings

7.3.6 After Web Check-in, Passengers can no longer change their flight itinerary.

7.3.7 Procedure at the Airport Terminal:

1. Passengers must personally report to the Airline’s dedicated Web Check-In Counter at the airport for the applicable visa and travel document checks.
2. If the passenger has any checked baggage, the bags will have to be presented at the Web Check-In Counter at least forty-five (45) minutes prior to scheduled flight departure or at a time prescribed by the airline for tag placement. All check-in timelines apply to passengers who avail of Web Check-in.
3. Passengers should present a valid photo ID and the Web Check-in Boarding Pass for security clearance as well as for boarding. Valid IDs for this purpose are Company ID, Driver's License, Passport, School ID, SSS Card, Tax Identification Number (TIN) Card. The name in the valid photo ID should match the passenger name that was entered upon booking.
4. Should the Passenger fail to show up at the dedicated Web Check-in counters or at the boarding gate within the prescribed period, the Airline will proceed with the flight without him and without incurring any liability to him. In that event, the flight will be considered flown and the Passenger will not be entitled to refund the fare or rebook the flight or apply for the creation of a Travel Fund.

7.4 Refusal of Carriage and Limitations

The Airline will refuse to check-in a Passenger for the following reasons:

1. The Airline may refuse the Passenger or his Baggage carriage if the Airline has previously notified the Passenger that it would not carry the Passenger on any of its flights after the date of the notice.
2. The Airline may likewise refuse the Passenger or his Baggage carriage if any one or more of the following have occurred on a previous flight, is occurring, or is likely to occur as reasonably determined by the Airline:

1. Security or Safety Risk
1. the carriage of the Passenger has previously resulted in or will result in the Airline’s non-compliance with any applicable government laws, regulations or orders, whether foreign or domestic
2. the carriage of the Passenger may risk the safety, health or security or materially affect the comfort of the other passengers orvcrew;
3. the Passenger’s mental or physical state,vserious illness, pre-existing medical condition, attitude or demeanor, including hisvintoxication or impairment from alcohol or drugs (i) poses a hazard to himself, to othervpassengers, to crew or to property, or (ii) requires special assistance, which if notvprovided will expose these persons and property to risk and which the Airlinevjustifiably cannot or is unable to provide at the time of the flight;
4. the Passenger has committed misconduct during check-in, at the departure terminal, or on board a previous flight, including physical or verbal abuse of Airline staff, agents or representatives or other passengers or persons, and the Airline reasonably believes that the conduct may be repeated;
5. the Passenger refuses for any reason to submit to a security check;
6. the Passenger refuses or fails to observe the Airline’s safety or security related instructions;
2. Non-Payment or Fraud
1. the Passenger has not paid the applicable fare or any payable taxes, fees or charges, or has partially paid but refuses or fails to pay the balance, or the payment is made through fraudulent means;
2. the Seat reservation is done fraudulently or unlawfully, or is purchased from a person not authorized by the Airline, or the credit card used for payment could not be authenticated upon booking or is subsequently reported to be lost or stolen;
3. the Passenger owes the Airline any money in respect of a previous flight due to payment having been dishonored, denied or recharged against the Airline, or in respect of amounts reimbursable to the Airline due to the Passenger’s inadmissibility in any country or for any fine or penalty paid or expense incurred by the Airline due to the Passenger’s failure to comply with the laws, regulations, orders or travel requirements of any concerned country;
4. the Itinerary Receipt is counterfeit or is fraudulently obtained, or is altered by anyone other than the Airline or its authorized agent;
5. the Passenger cannot prove or sufficiently establish to the Airline’s satisfaction that he is the person named in the Itinerary Receipt; or
6. any event or circumstance similar or analogous to the foregoing has occurred or is likely to occur.

If the refusal of carriage is due to incidents cited in (c) above, the Airline will require the surrender of and retain the Itinerary Receipt. If the Airline refuses the Passenger carriage on the basis of the foregoing, or removes the Passenger from the aircraft en route, the Airline may cancel the remaining unused portion of the Itinerary Receipt and the Passenger will not be entitled to further carriage. The Airline will not be liable for any alleged loss or damage due to any refusal to carry the Passenger or his removal en route.

7.5 Limitations on Special Assistance

7.5.1 General

1. The Airline will accept for carriage persons requiring special assistance subject to specific prior arrangements made and agreed with the Airline upon booking. Failure by the Passenger to advise the Airline of his special needs and requirements upon booking will render the service unavailable and result in the Airline’s refusal to carry the Passenger.
2. Passengers who have advised the Airline of their special needs and requirements at the time of booking and who have been accepted by the Airline for carriage will not be subsequently refused carriage on the basis of the special needs and requirements so advised unless any other cause for refusal of carriage exists.
3. The passengers must submit to the Airline a duly accomplished Special Handling Forms (3 copies) before the scheduled flight.

7.5.2 Passengers with Medical Conditions, Persons with Disability and Persons with Reduced Mobility

Due to safety reasons, the Airline may prescribe a limit on the number of passengers with medical conditions, persons with disability and persons with reduced mobility, respectively that may be carried on its flights.

7.5.3 Children, Minors and Unaccompanied Minors

7.5.3.1 For travel within the Philippines, unaccompanied minors who are seven years to less than 12 years old must be endorsed by parents/guardians. However, those above 15 years old may check-in unaccompanied. They may be accepted for carriage if:

• Airline is furnished a copy of the travel documents required of minors;
• Prescribed Unaccompanied Minor Handling Fee is paid; and
• Required special handling form is accomplished and submitted to the Airline.

The Airline will not accept domestic carriage of children below seven (7) years of age unless they are accompanied by a person at least 15 years of age.

7.5.3.2 For International travel, unaccompanied minors who are 12 years to less than 15 years old must be endorsed by parents/guardians. Above 15 years old may check-in unaccompanied. They may be accepted for carriage if:

• Airline is furnished a copy of the travel documents required for minors;
• Prescribed Unaccompanied Minor Handling Fee is paid; and
• Required special handling form is accomplished and submitted to the airline.

The Airline will not accept international carriage of minors below twelve (12) years of age unless they are accompanied by a person at least 18 years of age. *pending regulatory approval

7.5.4 Infants

The Airline refuses carriage of infants less than eight (8) days old. Infants between 8 days old up to below 2 years of age not occupying a seat shall be charged with a minimal handling fee. Infants who will occupy an airline seat must also use FAA approved car seat and will be charged with adult. *pending regulatory approval

7.5.5 Expectant Mother

An Expectant Passenger must advise the Airline of the progress of her pregnancy upon booking and at the time of check-in. The airline does not accept for carriage Expectant mothers with age of gestation 34 weeks and beyond. Expectant mothers are required to accomplish and submit a Special Handling Form as a precondition to acceptance for carriage depending on the stage of their pregnancy, as follows:

• Pregnancy below 24 weeks
  only the Special Handling Form is required
• Pregnancy 24 to below 34 weeks:
  the Special Handling Form is required to be presented together with a medical certificate stating age of gestation with notation “Fit to Travel” and signed by the pregnant passenger’s personal OB-Gyne. Pregnant passenger must complete her travel within the validity period of the medical certificate which should be seven (7) days from date of issuance.
• Pregnancy 34 weeks and beyond:
  the airline will refuse carriage of the pregnant passenger

7.6 Boarding

7.6.1 Boarding procedure shall be determined by the Airline which may be changed from time to time. Generally, however, the Passenger must be at the boarding gate at least thirty (30) minutes prior to the scheduled departure time of his flight. The boarding gate will close fifteen (15) minutes before departure.

7.6.2 When requested, the Passenger must present his boarding pass and valid travel documents during security check.

7.6.3 Priority boarding will be given to persons traveling with infants or children, unaccompanied minors, expectant mother, persons with disability, persons with reduced mobility, persons with medical conditions and other persons needing special assistance.

7.7 No Show

7.7.1 Should the Passenger fail to show up at the check-in counters or at the boarding gate within the prescribed period or board the aircraft at the appointed boarding time, the Airline will offload his Baggage and proceed with the flight without him and without incurring any liability to him. In that event, the flight will be considered flown and the Passenger will not be entitled to refund the fare or rebook the flight or apply for the creation of a Travel Fund.

Clause 8 - Rebooking, Refund and Travel Fund

8.1 Rebooking

Rebooking may be availed of:

1. after a Passenger makes a voluntary cancellation of his entire reservation, or, if the journey covers two or more Sectors, any initial or intermediate Sector, provided that:
   1. the passenger’s fare type is rebookable;
   2. the request to rebook is made within the Airline’s prescribed period;
   3. the Passenger pays the change fee;
   4. the Passenger pays the fare difference, where the new flight is in a fare class higher than that of the cancelled flight.
2. In case of involuntary flight cancellation on the part of the passenger, route suspensions, flight delays or postponements of more than one (1) hour after the ETD. In these cases, the Airline will not charge the Passenger the fare difference if the rebooked flight is within thirty (30) days from the original departure date.
3. Airline policy with apply for combined Regular Fare and Promo Fare in one booking, subject to fare rules and applicable charges. *pending regulatory approval
4. For voluntary rebooking or changes in the itinerary and when the booking details have been changed, the Passenger can no longer revert to the original itinerary. Further, the Passenger can only be accepted to the preferred or changed flight itinerary after payment of the applicable fees and penalties.

8.2 Refund

8.2.1 Fares paid and received by the Airline will be refunded to the Passengers upon their request where:

1. the refund is sought after flight cancellations and route suspensions, or flight delays or postponements of more than one (1) hour after ETD for causes other than safety or security;
2. the Passenger is not allowed or failed to board the flight for reasons other than his non-observance of the General Conditions or applicable law; or
3. the Passenger died or suffered a serious illness before the scheduled flight.

8.2.2 Itinerary Validity Period

Ticket is valid until flown on the flight and date specified. Subject to Airline’s policy, but generally, the passenger must file his claim for refund only up to the latest travel date. Otherwise, the fare will be forfeited.

8.2.3 Cancel Fee

The airline may charge a fee for processing and releasing the refund, except in cases of involuntary flight disruptions of at least one (1) hour after ETD for reasons other than safety or security. All refund will be subject to the Airline’s refund process in force at the time of the request.

8.3 Travel Fund

8.3.1 Upon the authorized cancellation by the Passenger of his flight within the Airline’s prescribed period, or the flight disruption of at least one (1) hour after ETD, the Passenger may apply for the creation of the Travel Fund in his name and, if the Itinerary Receipt covers two or more Passengers, in the name of the other Passengers identified therein. *pending regulatory approval

8.3.2 Generally, the amount in the Travel Fund will pertain to the passenger or passengers named in the Itinerary Receipt, except where the reservation was made through a corporate or government account that a government agency or private company may have with the airline, in which case the amount will pertain to the concerned government agency or private company that may then proceed to redeem the same for future bookings through the same account.

8.3.3 Multiple passengers named in one Itinerary Receipt will have the option to create a single fund that may be redeemed by anyone in the record or to split the fund to allow each passenger on record to get his share. Except for this instance, the airline will follow a one booking-one Travel Fund policy. A single Travel Fund cannot be created out of multiple bookings, as the Travel Fund is associated with the passenger’s booking reference and not with his name.

8.3.4 Processing Fee

The airline may charge a fee for processing a Travel Fund, except in cases of involuntary flight disruptions of at least one (1) hour after ETD for reasons other than safety or security.

8.3.5 Validity Period

The value stored in the Travel Fund may be used by the passenger to pay for future bookings within ninety (90) days from the date of its creation.

8.3.6 Redemption

8.3.6.1 The value of the Travel Fund may be redeemed through the Airline’s organic ticket offices, organic airport service desks or via its call center. It may be used to pay for new bookings of the same person/s on record, ancillary products or fees and penalties (except Philippine taxes that must be paid in cash and excess baggage).

8.3.6.2 A passenger with multiple Travel Funds may combine these funds for application to a single transaction. If the amount in the Travel Fund is greater than the amount due, the balance may still be used to pay for another transaction unless the Travel Fund is no longer valid. If the amount in the Travel Fund is less than the amount due, the passenger may use another form of payment to cover the balance.

8.3.6.3 Where a single fund is created by multiple passengers in an Itinerary Receipt and redemption is made by one or more but not all of the named passengers, the persons seeking to redeem the fund are presumed to have been fully authorized to so proceed by his or their co-passengers, and the Airline will be entitled to rely on this presumption and on any representation made by the redeeming passenger/s. Should the other passengers repudiate this authority and file a claim against the Airline, the redeeming passengers will be liable to, and shall indemnify, the airline for any and all costs and damages incurred.

8.3.6.4 Subject to a name change fee, a passenger holding a single Travel Fund created from a multiple passenger Itinerary Receipt may be allowed to use the value of the Travel Fund with other persons not included in the original booking.

8.4 Alternative Options

The options provided to the Passengers under Clauses 8.1 (Rebooking), 8.2 (Refund) and 8.3 (Travel Fund) above are alternative. Once a Passenger avails himself of any of these options, he can no longer apply to avail of any other.

Clause 9 - Schedules, Cancellations, Delays and Diversions

9.1 Contact

The Airline may contact passengers via e-mail, phone call or text message at the address and number provided by the passenger at the time of booking regarding flight schedule changes, discovery of fraudulent transactions, general correspondence or cancellation of flight itineraries. Evidence of e-mail or text message dispatch will be deemed evidence of receipt.

9.2 Schedules

Flight times shown in the Itinerary Receipt are not guaranteed and may change between the date of reservation and the date of travel as circumstances may warrant. The Airline will exert reasonable efforts to notify the affected Passengers of any change in or postponement of the flight schedule through the contact details which the passenger provided at the time of booking.

9.3 Cancellations, Delays, and Diversion

9.3.1 The Airline may cancel, terminate or delay any flight, or suspend the operation of a flight route at any time after a reservation has been made.

9.3.2 The Airline may divert any flight to any airfield other than the airfield of departure or destination if it is unable to fly or land the aircraft at the airfield of origin or destination for reasons beyond its control.

9.3.3 In case of flight cancellations for safety and security reasons, suspension of the operation of a route for reasons outside the Airline’s control, flight diversions, or flight delays of at least one (1) hour after ETD, the affected Passenger will have the option to rebook the flight without charges up to 30 days, pay the fare difference in case rebooked greater than 30 days or apply for the creation of the Travel Fund.

9.3.4 In case of flight cancellations and route suspensions, or flight delays or postponements of at least one (1) hour for other causes, other than safety or security reasons, the affected Passenger may rebook the flight without charges up to 30 days, apply the fare difference in case rebooked greater than 30 days, apply for the creation of the Travel Fund or seek a refund of the fare and other charges paid.

9.3.5 If delay is less than one (1) hour, the affected Passenger will have the option to rebook the flight charges and fare difference, apply for the creation of the Travel Fund or seek a refund of the fare and other charges paid, with penalties.

9.4 Flight Connections

9.4.1 Except for connections within its network, the Airline is strictly a point-to-point carrier and is not responsible for any connecting flight of the Passenger or for any misconnection arising from any reason whatsoever.

9.4.2 Passengers and Baggage will be transported up to the Sector for which the Passenger has checked-in. Passengers with connecting flights on other airlines must claim all Baggage and clear through immigration and customs authorities in all airports and check-in to their connecting flights.

9.4.3 The Airline offers connections within its network and these are sold as such. Only Passengers who have availed themselves of the Airline’s flight connections (throughfares) will be treated as connecting passengers.

Clause 10 - Travel Formalities

10.1 General

10.1.1 Passengers are responsible for obtaining all required travel documents, visas and permits, and for complying with the laws, regulations, orders, demands and travel requirements of countries of origin, destination or transit.

10.1.2 Passengers alone are fully liable for, and the Airline disclaims any responsibility for, the consequences of the Passengers’ failure to obtain or present any required travel document, visa or permit, or to comply with applicable laws, regulations, orders and travel requirements.

10.2 Travel Documents

10.2.1 The Passenger must present prior to travel all exit, entry, health and other documents required by the countries concerned, and at the Airline’s request, allow the Airline to take and retain copies of these documents. The Airline will refuse the Passenger carriage if the Passenger has not complied with any travel requirement or if his travel documents do not appear to the Airline to be in order.

10.2.2 Documentation required for international travel may vary from one country to another. The passenger is personally responsible for ensuring that he or she has valid travel documents that meet the requirements of the immigration, customs and other authorities at every destination.

10.2.3 Different jurisdictions may impose separate travel guidelines for minors. The passenger undertakes to check and comply with the requirements of their respective immigration authorities, as well as that of their destination. Filipino minors (i.e., below eighteen [18] years of age) traveling to a foreign country and unaccompanied by either parent shall present appropriate travel clearance in accordance with the existing rules of the Department of Social Welfare and Development (DSWD).

10.2.4 Passengers intending to undertake international travel must possess a valid passport with at least six (6) months on the date of travel validity and the applicable valid visas. They must also have a return or onward journey ticket and be able to satisfactorily prove upon request sufficient means of financial support during their stay in the country of their transit or destination.

10.2.5 For purposes of passenger identification, the Airline will not accept expired or damaged forms of photo-ID on any flight. When necessary, a passenger may be required to present more than one identification card.

10.3 Customs and Security Inspection

10.3.1 The Passenger is expected to voluntarily submit himself and his Baggage for inspection by customs or other government or airport authorities. The Airline will not be liable to the Passenger for any loss or damage sustained by the Passenger in the course of such inspection.

10.4 Offsetting

Towards the satisfaction of any amount which the Passenger may happen to owe to the Airline, the Airline may apply any unused carriage on the Passenger’s Itinerary Receipt or any of the Passenger’s funds in the custody of the Airline, including any Travel Fund created for the benefit of the Passenger.

Clause 11 – Passenger Conduct

The Passenger will conduct himself within the airport and onboard the aircraft in a manner consistent with existing aviation regulations and mindful of the courtesy customarily extended by reasonable persons to other passengers and Airline crew. The Passenger must follow the directions of any Airline crew. *pending regulatory approval

11.1 Misconduct

11.1.1 The Airline may take such measures as it deems reasonably necessary, including the use of physical restraint, if in its reasonable opinion:

1. the Passenger’s conduct endangers any person or property within the airport or onboard the aircraft, or obstructs or hinders the crew in the performance of their duties;
2. the Passenger has failed or refused to comply with any appropriate instruction of the crew on the observance of aviation regulations, including those relating to smoking, consumption of alcohol, use of mobile phones; or
3. the Passenger uses any threatening, abusive or insulting words or conduct towards the crew or behaves in a manner that causes discomfort, inconvenience, damage or injury to other persons or property.

11.1.2 The Airline may compel the Passenger to leave or disembark and refuse onward carriage at any point and the Passenger will be prosecuted for offenses committed within the airport or onboard the aircraft.

11.1.3 The Airline will hold the Passenger liable for all costs, damages and liabilities that the Airline may incur as a result of any misconduct or diversion of the aircraft to offload the Passenger.

11.1.2 Use of Electronic Devices

For safety reasons, the Airline may forbid or limit operation on board the aircraft of electronic equipment, including mobile phones, laptop computers, portable recorders, portable radios, CD players, electronic gaming or transmitting devices, radio-controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.

11.3 Smoking and Alcohol

Smoking is not permitted on any of the flights. The Airline may cause the imposition of severe criminal penalties and claim flight disruption costs against the Passenger for any violation of this policy. Those who attempt to smoke in a flight may be refused carriage in the future. Passengers are also prohibited from consuming their own alcohol on board.

Clause 12 - Baggage

12.1 Baggage Acceptance and Limitations

12.1.1 Prohibited Articles

Passengers must not include in their baggage:

1. items which are not properly packed in suitcases or other suitable containers;
2. items which are likely to endanger the aircraft or persons or property onboard the aircraft;
3. items the carriage of which is prohibited by applicable laws, regulations or orders of any state or country to be flown from, into or over;
4. items which in the Airline’s reasonable judgment are unsuitable for carriage by reason of their weight, shape, size or character;
5. fragile or perishable items unless the passenger voluntarily executes a Limited Release Tag relieving the Airline of any liability in case of damage to, loss or destruction of, such items;
6. live or dead animals;
7. human or animal remains;
8. improperly packed fresh or frozen foodstuff;
9. firearms and ammunition, except where special handling is sought from and accepted by the Airline;
10. Dangerous Goods, including but not limited to 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); and
11. weapons of any kind such as antique firearms, swords, knives and similar items, which may only be allowed as Checked Baggage at the Airline’s discretion for justifiable reasons.

12.1.2 Animals are generally not carried on the Airline’s flights unless the Passenger shows to the satisfaction of the Airline the necessity of carrying the animal or the Airline is required by law to carry the animal. All animals must have any required clearances from appropriate government authorities. *pending regulatory approval

12.2 Checked Baggage

12.2.1 General

1. Airline fares for all flights do not include allowances for Checked Baggage. The Passenger may purchase prepaid baggage allowances for his Checked Baggage at discounted rates during the Airline’s prescribed period based on prevailing rates as may be found on the Airline’s website. If the Passenger has no pre-purchased baggage allowance, he may still check-in Checked Baggage upon payment of the prevailing standard airport baggage fees and subject to Airline’s conditions and limitations.
2. The Airline will take custody of and issue a Baggage Tag for each piece of Checked Baggage that the Passenger will deliver to the Airline’s check-in agents. For security reasons, the Airline requires the Passenger to acknowledge that he personally packed properly the Checked Baggage and knows the contents thereof, otherwise, the Checked Baggage will not be accepted. All Checked Baggage must have the Passenger’s name or other personal identification affixed securely to it.
3. Baby strollers (if traveling with an infant), manual wheelchairs and crutches (for personal use) are carried free of charge.

12.2.2 Checked Baggage Allowance

Fares do not include allowances for Checked Baggage. Passengers traveling with Checked Baggage but without pre-purchased baggage allowance shall be charged standard airport baggage fees up to the first fifteen (15) kilograms and standard excess baggage rates for every kilogram in excess.

12.2.3 Airport and Excess Baggage Allowance

The Passenger will be required to pay baggage fee charge if he has not purchased prepaid baggage allowance but carries Checked Baggage for the flight. When applicable, the passenger will be required to pay excess baggage fee if:

1. his fare type includes free baggage allowance and his Checked Baggage exceeds the free baggage allowance; or
2. his Checked Baggage exceeds the value in the prepaid baggage allowance purchased for the flight.

For reasons of safety, acceptance of excess baggage is always subject to the Airline’s absolute discretion and no refusal by the Airline to carry the Passenger’s excess baggage will make the Airline liable for the Passenger’s loss, damage or inconvenience.

12.2.4 Prepaid Baggage Allowance

1. In lieu of standard airport baggage fees, passengers have the option to purchase Pre-Paid Baggage Allowances at discounted rates within the Airline’s prescribed period. Passengers may purchase only one Prepaid Baggage Allowance option per sector. *pending regulatory approval
2. Once the booking with prepaid baggage is finalized, a passenger may upgrade within the Airline’s prescribed period by paying only the difference between the Prepaid Baggage options, but is not allowed to downgrade his prepaid baggage allowance. *pending regulatory approval
3. Checked Baggage weighing in excess of the Prepaid Baggage Allowance purchased shall be charged at standard excess baggage rates per kilogram upon check-in at the airport.
4. Prepaid Baggage Allowances may be rebooked but may not be refunded if not used unless fare refund is available to the passenger. Prepaid Baggage Allowance will be forfeited once flight is rerouted to another destination due to safety, or security reason.
5. Passengers may not pool their Prepaid Baggage Allowances for Checked Baggage unless they are booked in one (1) record locator and appear at the check-in counter at the same time.
6. Prepaid Baggage Allowance can only be used by the Passenger for the specific flight and sector for which it is paid.

12.2.5 Collection and Delivery of Baggage

1. Checked Baggage will be carried on the same aircraft as the Passenger. However, the Airline may decide for safety, security or operational reasons to carry it on another flight. If a Checked Baggage is carried on a subsequent flight, the Airline will deliver it to the Passenger unless applicable law requires the Passenger to be present for clearance by customs authorities.
2. Unless carried on a subsequent flight, the Passenger must collect his Checked Baggage as soon as it is available for collection at the place of destination. The Passenger will be charged a storage fee if he does not collect it within a reasonable time from the arrival of his flight and the Baggage needs to be stored at the Airline’s premises. Any Checked Baggage that is not claimed within fifteen (15) days from the time it was made available for retrieval will be considered abandoned and will be disposed without any liability to the Passenger.
3. Only the bearer of the Baggage Tag is entitled to delivery of a Checked Baggage. If a person claiming the Checked Baggage is unable to produce the Baggage Tag, the Checked Baggage will be delivered to him only after he establishes to the satisfaction of the Airline his right to the Checked Baggage. In such a case, the Passenger may be required to furnish adequate security to indemnify the Airline for any loss, damage or expense that it may incur as a result of the delivery.
4. Acceptance of Baggage by the bearer of the Baggage Tag without complaint at the time of delivery is reasonable evidence that the Baggage was delivered in good condition and in accordance with the contract of carriage, unless proven otherwise. *pending regulatory approval

12.3 Hand Baggage

12.3.1 Nature, Weight, and Dimension

1. Hand Baggage that may be allowed on board shall be subject to Airline’s existing policy.
2. Only one (1) piece of Hand Baggage may be carried on board.
3. Hand Baggage must fit under the seat in front of the Passenger or in an enclosed storage compartment in the cabin.
4. Hand Baggage that cannot be stored in such manner or of excessive weight or size, or which the Airline considers unsafe to be in the cabin for any reason must be carried as Checked Baggage.
5. Hand–carried baggage must comply with the Airline’s published hand baggage requirements. In addition, prohibited articles enumeration under Clause 12.1.1 will not be allowed to be carried as hand baggage. *pending regulatory approval

12.3.2 Valuable and Fragile Goods

1. Valuable and fragile goods (including money, jewelry, precious metals, silverware, electronic devices, computers, cameras, video equipment that meet the requirements for Hand Baggage, negotiable papers, securities or other valuables, passports and other identification documents, title deeds, artifacts, manuscripts and the like) can only be accepted on board the aircraft as Hand Baggage. The Airline will not be liable in case of damage or loss if the value of the items in the checked baggage is not declared by the passenger.
2. The Passenger must ensure that his Hand Baggage is properly packed and placed in a safe and secured place so as to prevent or minimize loss or damage, and must advise the cabin crew of the valuable and fragile nature of the contents so that appropriate care may be taken.

12.4 Sports Equipment and Fees

Carriage of Sports Equipment is subject to the Airline’s policy. The Sports Equipment Fee allowance options may be rebooked but is non-refundable unless fare refund is available to the passenger. Passengers traveling with sports equipment may avail themselves of only one (1) Sports Equipment allowance within the Airline’s prescribed period for any sports equipment listed hereunder on top of any pre-paid baggage allowance, subject to the following guidelines: *pending regulatory approval

12.4.1 Bicycles

Bicycles must be placed with handlebars fixed sideways, pedals removed and tires deflated in a hard shell container specifically designed for shipping, or in a bicycle suitcase.

12.4.2 Fishing Equipment

Fishing equipment must be retractable for transport and packed in a hard shell container specifically designed for shipping.

12.4.3 Golf Club

The bag and the clubs must be fully enclosed in a hard shell container specifically designed for shipping. These will not be accepted if packed only with a vinyl or canvas cover.

12.4.4 Scuba Diving Equipment

Scuba diving equipment must be securely packed in an appropriate diving bag specifically designed for shipping. Scuba tanks will not be accepted for carriage. Buoyancy control devices, regulators, and underwater photography and videography gear may be hand carried provided they pass the prescribed dimensions for overhead bins.

12.4.5 Surfboards/Wakeboards

Carriage of surfboards/wakeboards is subject to the Airline’s policy. Generally, surfboards/wakeboards must be appropriately covered for dents and scratches.

12.4.6 Bowling balls

The passenger may carry up to two (2) bowling balls and one (1) pair of bowling shoes placed securely in a bowling bag.

12.5 Refusal of Carriage of Prohibited and Other Items

12.5.1 The Passenger must not include in his Baggage, and the Airline will refuse to carry as Baggage and refuse further carriage upon discovery, any prohibited item. If the Passenger insists on carrying and includes any prohibited items in his Baggage, the Airline will not be responsible for any loss, damage, seizure or confiscation of such items.

12.5.2 The Airline may refuse to carry as Baggage any which does not comply with the Airline’s published baggage requirement. *pending regulatory approval

12.5.3 The Airline may refuse to accept for carriage any Baggage that is not properly and securely packed, as determined by the Airline. It is the responsibility of the Passenger to coordinate with the Airline before check-in for the flight the prescribed packing for his particular Baggage.

12.6 Right to Search

12.6.1 For reasons of safety and security and to the extent allowed by applicable laws, rules and regulations, the Passenger may be requested to undergo a search and scan of his person or his Baggage. The Airline may search the Baggage in the Passenger’s absence or unavailability to determine whether the Passenger is in possession of or his Baggage contains any unacceptable or prohibited items.

12.6.2 Should the Passenger refuse to comply with the request to search and scan, the Airline may refuse to carry the Passenger and his Baggage without refund of the fare paid and without any further liability. The Airline will not be liable for any injury to the Passenger or damage to his Baggage caused by any such search and scan unless the injury or damage is attributable to the fault of the Airline.

Clause 13 - Ancillary Products and Services

13.1 Ancillary Products and Services offered by the Airline

13.1.1 The Airline offers products and services ancillary to carriage by air, including in-flight meals that Passengers may also pre-order when booking their flights through the Airline’s website. The complete terms and mechanics (including rates and charges) applicable to any availment of ancillary products may be found on the Airline’s website.

13.1.2 Ancillary Products include the following: Prepaid Baggage Allowance, Seat Selector, Sports Equipment and Inflight Meals.

13.1.3 Ancillary Products are non-transferable, non-reroutable and non-refundable or non-storable in a Travel Fund unless full refund/travel fund is available to the passenger under the General Terms and Conditions or otherwise required by local laws, but may be rebooked subject to Airline’s policy. *pending regulatory approval

13.2. Ancillary Services from Third Parties

13.2.1 The Airline merely acts as an agent of the Passenger in the provision of ancillary services requested by the Passenger from, or when making arrangements for the Passenger with, any third party, or if the Airline issues a ticket or voucher relating to transportation or services other than carriage by air, including hotel reservations or car rental.

13.2.2 In these cases, the terms and conditions of the third party provider will apply and the Airline makes no representation on its behalf, nor will the Airline be liable for any inability or refusal of the third party to provide the services or for any loss or damage sustained by the Passenger.

Clause 14 - Limitation of Liability

14.1 In case death or bodily injury

All international travel with the Airline, where the Passenger’s journey involves an ultimate destination or stop in a country other than the country of departure, is subject to the liability rules under the relevant convention. For domestic travel and international travel performed under the Warsaw Convention, the Airline’s liability for Passenger death or personal injury is limited in most cases to approximately Ten Thousand to Twenty Thousand US Dollars (USD 10,000-20,000). Additional protection can easily be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the Airline’s liability under the Warsaw Convention or other relevant convention.

14.2 Delayed, Lost, or Damaged Baggage

14.2.1 Delay

Whenever possible, Checked Baggage will be carried on the same aircraft as the Passenger. The Airline may decide for safety, security or operational reasons to carry it on another flight. If a Checked Baggage is carried on a subsequent flight, the Airline will deliver it to the Passenger unless applicable law requires the Passenger to be present for clearance by customs authorities. For every twenty-four (24) hours of delay in such delivery counted from one (1) hour from the arrival of the flight of the passenger carrying such baggage, the Airline will tender an amount of Two Thousand Pesos (P2,000) to the Passenger as compensation for the inconvenience the latter experienced.

14.2.1 Lost or Damaged Baggage

1. For international travel performed under the Warsaw Convention, the liability limit for lost or damaged baggage is approximately Nine US Dollars and Seven Centavos (USD9.07) per pound or Twenty Dollars (USD20.00) per kilo for Checked Baggage. In special circumstances where the law of the country or destination (other than the Philippines) so requires, the Airline’s liability for delay, lost, or damaged Baggage may be governed by the higher liability rules of any other applicable international convention. Any recovery by the Passenger under such other convention will bar further recovery pursuant to the Warsaw Convention.
2. For domestic travel, the Airline’s liability for lost or damaged baggage will be equivalent to half of the amount prescribed under the Warsaw Convention or the relevant convention in its Peso equivalent.

14.3 Declaration of Higher Value

Where the Passenger declares in writing pursuant to an excess valuation facility a higher value for his Baggage in advance of the flight and, and pays additional charges imposed by the Airline, the Airline’s liability shall be limited to that higher declared value.

14.4 General

14.4.1 Any liability of the Airline will be reduced or mitigated by any negligence on the part of the Passenger which causes or contributes to the Death, Injury, Delay, Loss, or Damage in accordance with applicable law.

14.4.2 The Airline will not be liable for Damage to, or Loss of, the Baggage unless caused by the Airline’s gross negligence or willful misconduct and the Baggage was placed within the Airline’s control with its consent.

14.4.3 If the weight of the Checked Baggage is not recorded on the Baggage Tag, it is conclusively presumed that its total weight does not exceed the applicable baggage allowance for the class of carriage concerned.

14.4.4 The Airline will not be liable for any Damage arising from its compliance with applicable laws or government rules and regulations or from the Passenger’s failure to comply therewith.

14.4.5 The Airline is not liable for Damage caused by the Passenger or his Baggage. The Passenger is responsible for any Damage he has caused, or is caused by his Baggage to himself, or to other persons or property, including his and the Airline’s property. In any such event, the Passenger holds the Airline free and harmless from any liability that may arise.

14.4.6 The Airline has no liability whatsoever for Damage to articles or items not permitted to be contained in Checked and Hand Baggage nor for unsuitably packed, perishable, damaged or fragile items or cosmetic or superficial damage caused to Baggage as a result of normal wear and tear during carriage.

14.4.7 The Airline is not responsible for any illness, or disability, including death, attributable to the Passenger’s physical condition at the time he takes his flight or for the aggravation of such condition by reason of his taking the flight.

14.4.8 The Airline reserves the right to dispose baggage which remains unclaimed for a period of thirty (30) days after the arrival of the flight.

Clause 15 - Time Limitation of Claims and Action

15.1 Notice of Claims

15.1.1 A Passenger who wishes to file a claim or action for Damage to Checked Baggage must notify the Airline as soon as the Damage is discovered and while the Passenger is still in the airport premises. In case of a lost or delayed Checked Baggage, the Passenger must advise the Airline right after his flight and before leaving the airport premises.

15.1.2 Failure to report the incident as required above will constitute a waiver of any claim. Every notification must be in writing and delivered to the Airline within the prescribed period.

15.2 Limitation of Actions

A Passenger’s right to claim for damages will be extinguished if an action is not brought against the Airline within two (2) years of the date that the cause of action arises.

Clause 16 - Miscellaneous Provisions

16.1 Governing Law

The Airline is a Philippine carrier and the contract of carriage and this General Terms and Conditions and the Regulations that are issued by the Airline from time to time shall be governed by and construed in accordance with Philippine law.

16.2 Venue of Suit

Unless otherwise provided by local laws, any action by or against the Airline must be brought before the competent courts of Pasay City, Philippines to the exclusion of all other venues. The Passenger submits to the jurisdiction of these courts and will not object to the venue on the ground of inconvenient forum. *pending regulatory approval

16.3 Service of Legal Notices

The Airline will accept formal and legal notices or documents only at its operations center in Pasay City, Philippines.

16.4 Modification and Waiver

None of the Airline’s agents, employees or representatives has the authority to alter, modify or waive any provisions of this General Terms and Conditions.

Clause 17 – Privacy Policy

17.1 Information Collection

In the course of the Airline’s transactions with the Passenger, the Airline may obtain personally identifiable information that is voluntarily provided by the Passenger, including without limitation the Passenger’s name, address, birthday, gender and contact details. The Passenger acknowledges that the Airline (a) has no control over the information provided by the Passenger to it and makes no representation whatsoever with respect to such information, (b) has no obligation to establish the completeness, accuracy, veracity or authenticity of such information, and (c) will not be liable for any loss, damage or injury whether direct, indirect or consequential, incidental, punitive, exemplary or any other loss, damage or injury arising out of or in connection with the inaccuracies, incompleteness, falsity or errors in the information so provided.

17.2 Information Collation, Storage and Use

17.2.1 All Passenger information obtained by the Airline are collated and stored for future reference, at all times under strict obligations of confidentiality, subject to such limitations as set forth herein or as mandated by applicable laws and regulations.

17.2.2 The Airline will retain Passenger information for as long as it is necessary to fulfill the purpose for which the information was obtained or collected, or as may be required by law.

17.2.3 The Airline reserves the right to use, and the Passenger is deemed to have authorized the Airline to use, the Passenger information for any legitimate purpose, including but not limited to:

1. notifying Passenger of any flight time change or cancellation;
2. credit or other payment card verification/screening;
3. immigration/customs control safety, security, health, administrative;
4. crime prevention/detection;
5. legal purposes, statistical and marketing analysis;
6. systems testing;
7. customer surveys and customer relations communications;
8. customizing the Airline’s advertising and content;
9. responding to Passenger requests for certain products and services; and
10. contacting the Passenger about special deals and new products.

17.3 Information Sharing and Disclosure

17.3.1 By booking a seat, the passenger acknowledges and confirms that he has read, consented to, agreed with, and accepted the Airline’s Information Sharing and Disclosure Policy as contained in the general terms and conditions of carriage, website terms of use and important reminders and information posted by the Airline. The same rule applies in case of group bookings where each passenger belonging to the group is deemed to have given specific authority to the person, private or juridical, who made the booking reservation for and in behalf of the passenger traveling as part of the group booking to consent to, agree with, and accept the Airline’s Information Sharing and Disclosure Policy.

17.3.2 No Passenger information will be disclosed by the Airline to any third party unless:

1. the Passenger has given his consent or is deemed to have given his consent to share the information
2. there is a need to share the information to enable, certify, or facilitate the provision of a product or service requested by, or provided to, the Passenger;
3. the third party recipient of the information is a partner, agent, contractor or sub-contractor of the Airline or is a company that works for, with or on the Airline’s behalf;
4. in response to a legal process, subpoena or court order issued by competent government authority;
5. the recipient of the information is a legal advisor to the Airline or the disclosure is necessary for the Airline to establish, exercise or defend its legal rights; or
6. an emergency has occurred that threatens the life, health or security of any individual.

Clause 18 – Interline Agreements

18. 1 The Airline may sell air transportation services which are operated by other carriers with their respective carriers’ flights and airlines’ designator codes (“Operating Carriers”). Travel on Operating carriers will be governed by the Operating Carriers Conditions of Carriage. *pending regulatory approval