ARTICLE VI

RULES ON RECONFIRMATION, CHECK-IN TIME AND REFUSAL TO CARRY

Section 1. – Confirmed Seats: A passenger with a valid confirmation number reflecting reservations for a specific flight and date on SEAir is considered confirmed unless the reservation was cancelled due to one of the reasons indicated below.

Section 2. – Cancellation of Reservations: All reservations are subject to cancellation without notice:

  1. If the passenger fails to fulfill the requirements of the fare type of that reservation.
  2. If the passenger is not present at the boarding gate at least fifteen (15) minutes prior to original scheduled departure time of the flight.
  3. If the passenger fails to occupy a reserved seat (for example, a no-show).
  4. If such action is necessary to comply with any government regulation, or to comply with any governmental regulation, or to comply with any governmental request for emergency transportation in connection with the national defense, or whenever advisable by reason of weather or other conditions beyond SEAIR’s control.
  5. If SEAIR refuses to transport the passenger for any of the reasons stated above, passenger will not be eligible for denied boarding compensation. Cancellation may apply to all segments in the itinerary.

Section 3. Refusal to Transport: SEAIR may refuse to transport or may remove from any flight, any passenger for one or several reasons, including but not limited to the following:

  1. Compliance with applicable government rules, regulations or requirements or government requisition of space.
  2. Action necessary or advisable due to weather, or other conditions beyond SEAir’s control.
  3. Refusal by a passenger to permit a search of personal property for explosives, deadly weapons, controlled substances, or dangerous articles.
  4. Refusal by a passenger to produce positive identification upon request.
  5. Passenger’s physical or mental condition is such that, in SEAir’s sole opinion, passenger is rendered or likely to be rendered incapable of comprehending or complying with safety instructions without the assistance of an attendant. Passenger may be accepted provided advance notice is given and an accompanying attendant is responsible for caring for passenger en route.
  6. Acquisition of a ticket at any time in violation of SEAir’s rules or regulations and/or through the unauthorized use of a credit card.
  7. If a passenger’s conduct is disorderly, abusive or violent, or the passenger:
    1. Appears to be intoxicated or under the influence of drugs.
    2. Attempts to interfere with any member of the flight crew.
    3. Refuses to obey instructions form any flight crewmember.
    4. Has a communicate disease that has been determined by the public health authority to be transmissible to other persons in the normal course of flight.
    5. Has an offensive odor not cause by a disability or illness.
    6. Is barefoot, or is clothed in a manner that would cause discomfort or offense to other passengers.
    7. In unable to sit in a seat with the seat belt fastened.
    8. Engages in any action, voluntary or involuntary that might jeopardize the safety of the aircraft or any of its occupants.
  8. A passenger who wears or has on or about their person concealed or unconcealed dangerous weapons. SEAIR will carry a passenger who meets the qualifications and conditions established by applicable aviation regulations.
  9. A passenger who requires constant oxygen or other life support equipment.
  10. Any pregnant passenger expecting delivery within 30 days, unless SEAIR is provided a doctor’s certification confirming the individual is physically fit for air travel. Such certification must be dated within 72 hours of the planned flight departure time.
  11. An infant aged 14 days or less without a physician’s release or an infant requiring an incubator or other life support systems.

Section 4. – Acceptance of Children:

  1. Accompanied children – Children 2 through 11 years of age will be accepted for transportation when accompanied by a passenger at least 12 years of age.
    1. Infants under 2 years of age will be accepted when accompanied by an adult. Infants under 7 days will not be accepted for transportation under any circumstances.
  2. Unaccompanied children – Unaccompanied children under 5 years of age will not be accepted under any circumstances.
  3. Unaccompanied children 5 to 7 years of age will be accepted on a nonstop or direct flight only, and must be accompanied by a parent or responsible adult until the child is boarded on the flight. The child must be met at the destination by another parent or responsible adult. Specific information may be obtained through SEAir Reservations, or at any SEAir ticket office.
  4. Unaccompanied children 8 through 11 years of age will be accepted for transportation on nonstop, through or connecting flight. The child must be accompanied by a parent or responsible adult until the child is boarded on the originating flight and must be met at the destination by another parent or responsible adult.
  5. Unaccompanied minors will be charged a fee of Php 750.00 one-way on nonstop and direct flights or Php1,500.00 roundtrip. If two (2) or more children are traveling together, only one (1) charge will be applicable.
  6. When an unaccompanied minor’s itinerary involves a connecting flight, a fee of Php1,000.00 one-way and Php2,000.00 roundtrip will be charged. If two (2) or more children are traveling together, only one (1) charge will be applicable.
  7. During schedule irregularities, SEAIR may refuse to provide connecting air transportation services at any destination to an unaccompanied child holding reservations. This may happen when there is a reasonable likelihood that the child will not make a flight connection, and therefore require overnight accommodations.

Section 5. – Smoking: Smoking is prohibited in all SEAIR flights.

Section 6. – Trained Assist Animals, Specialty Dogs: SEAir accepts for transportation, without charge, animals trained in special assistance to the disabled, dogs trained in search and rescue functions, and dogs trained to detect explosives. The trained animals, when properly harnessed, will be permitted to accompany such passengers (handlers) in the cabin, but may not occupy a seat or block access to the aisle.

Section 7. – Use of Radios, Cell phones, Computers and TVs Onboard Aircraft: Radios, Cell phones, Computers or TV receivers cannot be used onboard aircraft because of the aircraft’s electronic navigation equipment.

Section 8. – Fares:

  1. General:  The price of transportation shall be disclosed at the time of confirmation; however, fares are subject to change without notice.
  2. Currency: All fares and charges are stated in either Philippine Peso or US Dollars.
  3. Fare Changes: SEAIR fares are changed from time to time. The fare a passenger is charged will be the applicable fare at the time of reservation is confirmed, payment is made, and a confirmation number is issued.
  4. Connecting Flights: When an area is served by more than one airport and a passenger arrives at one airport and departs from another airport, transportation between those airports must be arranged by and at the expense of the passenger.
  5. Stopover: A stopover is a voluntary interruption in the passenger’s journey at an intermediate city and fails to depart form that city on the first flight:
    1. on which space is available; or
    2. that will provide for the passenger’s earliest arrival at another city or the passenger’s destination.

Section 9. – Routing: A fare applies only to the following:

  1. Transportation via the intermediate destinations specified by SEAIR in reference to that fare. Any other routing may subject the passenger to an additional charge.
  2. Transportation between airports: Tickets may not be issued or accepted for transportation that will either originate or terminate at an airport other than the airport for which the fares are published.

Section 10. – Infants: One infant under two years of age, not occupying a seat and accompanied by a passenger at least twelve years of age, will be transported without charge.

Section 11. – Refunds: SEAir’s refund policy will be in accordance with the type of ticket purchased and its restrictions.

  1. Voluntary Refunds:
    1. If the passenger decides not to use the ticket, and the ticket is not subject to non-refundable restrictions, SEAir will issue a credit as follows:
      1. If the ticket is totally or partially unused, the total fare paid for each unused segment minus a cancellation charge will be applied toward future travel if the reservation is cancelled at least one (1) hours prior to departure.
    2. A passenger holding a ticket with a government contract fare basis may request a refund on any unused segment(s). The refund will be the fare paid for tickets not used.
  2. Involuntary Refunds: In the event the refund  is required because of SEAir’s failure to operate or refusal to transport, the following refund options will be made available to the passenger:
      1. the total fare paid for each unused segment will be refunded; or
      2. a credit will be established for the total fare paid for each unused segment; or
      3. the passenger will be rebooked on another flight.

    An administrative service fee will not be charged for the refund option selected.

Section 12. – Denied Boarding: SEAir shall furnish passengers who are denied boarding involuntary from flights on which they hold confirmed reserved space, immediately after the denied boarding occurs, a written statement explaining the terms, conditions, and limitations of denied boarding compensation and describing SEAir’s boarding priority rules and criteria. SEAir shall also furnish the statement to any person upon request at all airport ticket counter positions and at all boarding locations being used by the carrier. The statement shall read as follows:

  1. Compensation for Denied Boarding

IF YOU HAVE BEEN DENIED A RESERVED SEAT ON SEAIR YOU ARE PROBABLY ENTITELD TO MONETARY COMPENSATION. THIS NOTICE EXPLAINS SEAIR’S OBLIGATIONS AND THE PASSENGER’S RIGHTS IN THE CASE OF AN OVERSOLD FLIGHT, IN ACCORDANCE WITH REGULATIONS OF THE CIVIL AERONAUTICS BOARD (CAB).

    1. Volunteers and Boarding Priorities

      If a flight is oversold (more passengers hold confirmed reservations than there are seats available), no one may be denied boarding against his or her will until airline personnel first ask for volunteers who will give up their reservation willingly in exchange for a payment of the airline’s choosing. If there are not enough volunteers, other passengers may be denied boarding involuntarily in accordance with the following boarding priority of SEAir:

      1. The last passenger to present himself/herself at the boarding gate.
      2. Reasonable efforts will be made to accommodate disabled, elderly, or infirmed passengers needing assistance, unaccompanied children under 12 years of age and connecting passengers.
    2. Compensation of Involuntary Denied Boarding

      3. If a passenger is denied boarding involuntarily, the passenger is entitled to a payment of “denied boarding compensation” from the airline unless:

        1. The passenger has not fully complied with the airline’s ticketing, check-in, and reconfirmation requirements; or, the passenger is not acceptable for transportation under the airline’s usual rules and practices; or
        2. The passenger is denied boarding because the flight is cancelled; or
        3. The passenger is denied boarding because a smaller capacity aircraft was substituted for safety or operational reasons; or
        4. The airline offered accommodations in a section of the aircraft other than specified in the passenger’s ticket, at no extra charge (a passenger seated in a section for which a lower fare is charged must be given a appropriate refund); or
        5. The airline is able to place the passenger on another flight or flights that are planned to reach the passenger’s final destination within one (1) hour of the scheduled arrival of his/her original flight.
    3. Amount of Denied Boarding Compensation

      Passengers who are eligible for denied boarding compensation must be offered a payment equal to the sum of the face values or their itinerary, with a Php 1000.00 maximum.  However, if the airline cannot arrange “alternate transportation” for the passenger, the compensation shall is doubled. The “value” of the ticket coupon is the one-way fare for the flight shown on the coupon including any surcharge and air transportation tax, minus any applicable discount. All flight coupons including connecting flights to the passenger’s final destination or first 4-hour stopover are used to compute the compensation.

      “Alternate transportation” is air transportation (by an airline licensed by the CAB) or other transportation used by the passenger which, at the time the arrangement is made, arrives at the passenger’s next scheduled stopover) of 4 hours or longer) or final destination no later than 2 hours (for flights within the Philippines) or 4 hours (for international flights) after the passenger’s originally scheduled arrival time.

    4. Method of Payment
      1. The airline must give each passenger who qualifies for denied boarding compensation a payment by cash or check for the amount specified above, on the day and place the involuntary denied boarding occurs. However, if the airline arranges alternate transportation for the passenger’s convenience that departs before the payment can be made, the payment will be sent to the passenger within  24 hours. The air carrier may offer free tickets in place of cash payment. The passenger may, however, insist on the cash payment, or refuse all compensation and bring private legal action.
    5. Passenger’s Option

    Acceptance of compensation may relieve SEAir form any further liability to the passenger caused by its failure to honor the confirmed reservation. However, the passenger may decline the payment and seek to recover damages in a court of law or in some other manner.

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