The Ministry of Transport (MOT) has just issued Circular No. 19/2023 amending, supplementing and abolishing a number of articles of Circulars regulating air transport.
The new circular stipulates that for flights delayed by 5 hours or more, in case the passenger does not request the carrier to fulfill its obligations as prescribed but requests a refund of the ticket price, the carrier will refund the entire ticket price or refund the unused portion of the ticket according to the passenger's choice at the airport or at representative offices, branches or ticket agents designated by the airline.
According to the Ministry of Transport, a delayed flight is a flight whose actual departure time is more than 15 minutes later than the scheduled departure time in the base flight schedule.
The Ministry of Transport has just issued a circular amending, supplementing and abolishing a number of articles of the Circulars regulating air transport. (Illustration photo)
In case the flight is delayed not due to the fault of the passenger, the carrier is obliged to provide and update full information to the passenger in an appropriate manner; apologize to the passenger; ensure meals, accommodation, travel and bear other directly related costs in accordance with the waiting time at the airport as prescribed in the Transport Regulations and must ensure the quality of passenger services at the airport as prescribed by the Minister of Transport.
For flights delayed by 2 hours or more, within the scope of the carrier's service provision, change the appropriate itinerary for the passenger or transfer to another flight so that the passenger can reach the final destination of the journey, exempting the passenger from the restrictions on itinerary change or flight change and related surcharges (if any).
For long flight delays, the carrier must make non-refundable advance compensation to passengers who have confirmed seats and tickets on the flight as prescribed.
In addition, in the case of flight cancellations, it is defined as the failure to operate a flight whose flight schedule for booking and ticketing has been published on the carrier's reservation system (CRS) within 24 hours before the scheduled departure time.
In case a passenger is not transported due to the fault of the carrier and in case the flight is canceled without prior notice to the passenger by the carrier, the carrier must perform the obligation to pay non-refundable advance compensation to the passenger who has confirmed a seat and has a ticket on the flight according to regulations.
Within the scope of the carrier's services, change the passenger's itinerary appropriately or transfer to another flight so that the passenger can reach the final destination of the journey, exempting the passenger from the restrictions on itinerary change or flight change and related surcharges (if any).
In case the passenger refuses the above, the carrier will refund the entire ticket price or refund the unused portion of the ticket according to the passenger's choice at the airport or at the representative offices, branches, and ticket agents designated by the airline.
In case the passenger refuses the above methods, the carrier may perform other obligations as agreed with the passenger.
For early departure flights (flights with actual departure time 15 minutes earlier than the scheduled departure time in the base flight schedule), in case due to the fault of the carrier, the passenger has been confirmed for a seat but is not transported and does not receive notice of the change in early departure time or does not agree to the change in early departure time, the carrier is responsible for performing the same obligations as when the flight is canceled.
At the same time, ticket refunds for passengers are also applied in specific cases. Accordingly, the restrictions on ticket refunds and ticket refund fees (if any) are waived.
For completely unused tickets, the refund will be equal to the fare paid by the passenger.
Ticket price includes the following items: transportation service price; taxes and fees regulated by the State, passenger and baggage security service price, passenger service price at the airport collected by the airline; other related surcharges according to legal invoices provided by the passenger.
If the ticket has been partially used, the refund amount will not be less than the difference between the ticket price paid and the ticket price and other services used for the passenger's journey.
Thanh Lam
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