‍General Terms & Conditions

Effective Date: 20 January 2025

‍

The Terms and Condition are agreed to apply by and between the following parties, in respect of the matters set forth herein:

Siam Seaplane Company Limited a private limited company registered in Thailand, whose registered office is at 52/27 Soi Nana Nuea, Khlong Toei, Watthana, Bangkok 10110, Thailand, trading as "Siam Seaplane" and "Siam Scenic", hereinafter referred to as “Siam Seaplane” or the "Company"; and

The Charterer as specified on the charter flight quotation.

Siam Seaplane and the Charterer each referred to herein as a "Party" and collectively as the “Parties”.

WHEREAS:

The Charterer has requested Siam Seaplane to provide Charter Services and Siam Seaplane has agreed to provide Charter Services to the Charterer, subject to and on the Terms and Conditions set forth herein.

Both Parties agreed as follows:

1. CHARTER SERVICE
   1. Subject to the confirmation of Siam Seaplane and the Terms and Conditions, Siam Seaplane hereby charters, and the Charterer hereby accepts to charter, the Aircraft, flight details including itinerary, date & time, aircraft type, number of passengers, and/or cargo as detailed in the charter flight quotation.
   2. The passenger identification list shall be provided by the Charterer, who confirms its accuracy and shall notify Siam Seaplane as soon as practicable of any change thereto. Subject to the provisions of Clauses 2.4 and Clause 3, the itinerary shall not be changed unless both Parties otherwise agree.
   3. All passengers and baggage must be ready for embarking and loading 30 minutes prior to the scheduled departure time. Failure to do so may result in delay to, or even cancellation of such flight.
   4. Siam Seaplane has the right to utilize flight sectors for any purpose including but not limited to training, certification, commercial and carriage of its staff, this includes but is not limited to utilizing any empty capacity before, during or after the charter periods without any compensation being due to the Charterer.

2. CHARTER FEE AND PAYMENT
   1. The Charterer shall pay Siam Seaplane the Charter Fee refers to quotation as specified in Clause 2.6 in full at the time of booking.
   2. The Charterer agrees that time is of the essence in the payment of all amounts due and payable to Siam Seaplane. Siam Seaplane shall have the right to suspend the Charter Services until the Charter Fee has been paid in full before the flight operation date. Should the Charterer fail to pay the Charter Fee when due and payable, Siam Seaplane reserves the right to reschedule the flight based on availability as determined by Siam Seaplane or cancel the Charter Services and charge the cancellation fee at the rates specified in Clause 7.1. Total Charter Fees are exclusive of all taxes, incidental charges, the cost of car or other transport to or from airports, as well as any exceptional charges, including but not limited to war and terrorism insurance premiums and fuel surcharges, and other expenses which are required to be paid by the Charterer. Additional charges are payable in full to Siam Seaplane within 7 days of invoicing to the Charterer.
   3. The Parties acknowledge and agree that the Charter Services shall be operated pursuant to the flight route commonly used by Siam Seaplane. However, such route may be changed from time to time due to laws, regulations of any jurisdictions which prohibit Siam Seaplane from operating the flight with respect to such route including diversions due to safety reasons, adverse weather conditions, mechanical, technical, or operational reasons or other reasons beyond Siam Seaplane's control. In this event, Siam Seaplane reserves the right to determine other appropriate routes for the Charter Service and charge any applicable extra charter fee without prior consent of the Charterer. The rerouting fee will be reasonably calculated and notified to the Charterer after the completion of the Charter Service. The Charterer agrees to pay such rerouting fee within 7 days from the date it is invoiced for the same.
   4. Unless agreed otherwise in writing, all payments made or to be made by the Charterer under the Terms and Conditions shall be paid in full without set-off or counterclaim and, to the extent permitted by law, without deduction or withholding for or on account of any tax. In the event of the Charterer being required by law or regulation to make any deduction or withholding from any payment to Siam Seaplane, then the Charterer shall as soon as practicable (but in any event within 30 days) thereafter forward to Siam Seaplane copies of such official receipts or documentation with respect to such deduction or withholding and to the payment of the tax so deducted or withheld to the relevant taxation or other authorities.
   5. In the event of non-performance, partial performance or delay resulting wholly or partly from any force majeure or occurrence or any circumstances whatsoever beyond Siam Seaplane's control, including (without limitation) the acts or omissions of third parties, labor difficulties, weather condition, technical breakdown of or accident to the Aircraft or any part of it, natural disaster or the act of any authority, Siam Seaplane shall use reasonable endeavors to perform or continue the Flight Schedule (and may at its discretion but without obligation substitute another aircraft) but otherwise shall have no liability to the Charterer whatsoever. The Charterer shall be liable to pay such part of the Charter Fee as is applicable to that part of the Flight Schedule which has been performed (if any), and all expenses whatsoever connected with it, and anything in excess already paid by the Charterer shall be refunded. Siam Seaplane's determination of the referable part of the Charter Fee and the connected expenses shall be conclusive, in the absence of manifest error.
   6. All payments shall be made by bank transfer, in cash or by online payment system.
   7. In the event of payment via credit card, the following surcharges apply to the Charter Fee set out in Clause 2.1 as follows:
      1. Visa, Mastercard: 3%
      2. Other cards: upon request

3. COMPANY'S PROTECTION AGAINST INCREASED COST
   • The Charter Fee is based on Siam Seaplane's costs, charges and expenses at the date hereof. In the event of any increase of such costs, charges and expenses of whatsoever nature and howsoever arising between the date hereof and the completion of the flight schedule, Siam Seaplane shall be entitled to increase the Charter Fee by a sum equal to any extra amount incurred, or to be incurred, in completing the flight schedule as a result of any such increase in any such costs, charges or expenses. Any amounts payable by Charterer pursuant to the Terms and Conditions shall be notified to Charterer as soon as reasonably practicable and shall be paid by Charterer according to the charter agreement.

4. COMPANY'S DISCRETION
   1. No prejudice to Clause 11 and 12 hereof, if the Aircraft shall for any reason whatsoever (whether before or after commencement of the flight) become incapable of undertaking or continuing the flight (or any portion thereof), Siam Seaplane may, at its discretion, substitute therefore an aircraft of the same or another type and the provisions of the Terms and Conditions shall apply the replaced aircraft to the substitute for the Aircraft. If Siam Seaplane does not elect to substitute another aircraft, it shall notify the Charterer as soon as possible and shall be relieved of its obligations to provide the Aircraft for the flight (or any portion thereof) which can no longer be undertaken by reason of the incapacity of the Aircraft and Siam Seaplane shall not be under any liability to the Charterer other than to refund to the Charterer such part of the Charter Fee which relates to the canceled flight.
   2. Siam Seaplane and its Pilot-In-Command (PIC)of each flight shall have absolute discretion to decide what load, including the number of passengers, may safely be carried in the Aircraft on the flight and how such load shall be distributed, whether and when a flight might be safely undertaken and when and where the Aircraft shall be landed. All such decisions of the PIC shall be final and binding on Siam Seaplane and the Charterer. Siam Seaplane shall not be liable to the Charterer for any loss, damage, costs or claims of whatsoever nature and howsoever arising as a result of any such decision by the PIC of the flight.
   3. The amount and weight of accompanied baggage shall be at Siam Seaplane's discretion. Notwithstanding Dangerous Goods at Clause 6, the following or like articles, namely firearms, explosives, combustible materials and live animals may be carried only with Siam Seaplane's prior knowledge and consent which may, in its absolute discretion, be withheld and subject to the consent and license of any relevant governmental or regulatory authority having jurisdiction. Siam Seaplane may inspect and examine any baggage or cargo belonging to any passenger whether accompanied or not. Furthermore and without prejudice to the foregoing, Siam Seaplane may refuse to carry any baggage considered by the PIC of the flight or by any other responsible employee, servant or agent of Siam Seaplane to be unsuitable for carriage by air whether by its nature or any applicable laws or regulations of any country to, from or over which the Aircraft may be flown.

5. SAFETY OF OPERATION
   1. Without limitation, the Charterer acknowledges and agrees that Siam Seaplane and its PIC shall be solely responsible for all decisions regarding safety determinations with respect to the commencement, operation and termination of the Charter Services, the operation, regulations and safety of the flight, passengers, baggage and cargo and other people and events associated with the Charter Service.
   2. The Charterer shall instruct and cause its passengers to act in a reasonable and professional manner while aboard the Aircraft and to comply with all directives and instructions of the pilots in command of the Aircraft. The Charterer shall be liable to Siam Seaplane for any and all damage caused by any of the passengers to the Aircraft. The Charterer will be responsible for the passengers' conduct and possession on board or part of the cargo or luggage to ensure that the passengers shall not engage in any act or possess any products or substance that is illegal or hazardous or could lead to the seizure or unsafe operation of the aircraft while the aircraft is under the Charter Services. No smoking shall be permitted on the Aircraft at any time.

6. DANGEROUS GOODS (HAZARDOUS MATERIALS)
   1. Siam Seaplane does not hold a CAAT approval for the transport of dangerous goods.
   2. For safety reasons, dangerous goods shall not be packed and/or carried in checked or cabin (unchecked) baggage. Dangerous Goods include but are not limited to: compressed gasses, corrosives, explosives, flammable liquids and solids, radioactive materials, oxidizing materials, poisons, infectious substances, and briefcases with installed alarm devices.

7. FLIGHT CANCELLATIONS
   1. The Charterer may cancel the Charter Services at any time prior to the flight, subject to a cancellation fee as set forth below. If the Charterer cancels only a return flight, the Charterer shall be responsible for the full cost of the Charter Service under the Terms and Conditions. Following timeline is applied for cancellation charges:‍
      1. Notice given before the departure date specified in the schedule of Clause 1.1 of the total Charter Fee Cancellation Fee as a percentage:
         1. More than one calendar week prior to departure date = 25%
         2. Within one calendar week of departure date = 50%
         3. Within one calendar day, or no given notice = 100%
      2. Siam Seaplane shall refund, by deducted all expenses and costs incurred by Siam Seaplane on behalf of the Charterer, to the Charterer the money received for the Charter Services that is canceled by Siam Seaplane for any reason other than a cancellation by the Charterer or a breach of the Terms and Conditions by the Charterer. Such refund shall be the Charterer's sole remedy in the event of such cancellation and the Charterer shall not claim for any consequential damages whether direct or indirect from Siam Seaplane.
   2. Siam Seaplane, at any time prior to the flight, may cancel, change, diverse, postpone, reschedule and/or delay the Charter Services due to circumstances beyond our control or for reasons of safety or commercial reasons. In the event of such flight cancellation or delay, Siam Seaplane shall comply with the Announcement of Ministry of Transport on Protection of Passenger Rights related to Charter Flight Services B.E. 2556.

8. DOCUMENTS/INFORMATION AND DELIVERY BY THE CHARTERER
   • The Charterer shall supply and complete such documents relating to the carriage undertaken pursuant to the Terms and Conditions as Siam Seaplane in its absolute discretion shall consider necessary and, when requested by Siam Seaplane. The Charterer shall give to Siam Seaplane in good time all information and assistance required to complete such documents. The Charterer represents and warrants that all passengers will hold all required travel documents for flight with respect to this Charter Service including but not limited to passports and visas. Siam Seaplane accepts no liability or responsibility for costs arising as a result of passenger's failure to ensure correct documentation is held. The Charterer shall cause all of the Passengers to display their photographic identifications to Siam Seaplane or its pilots in command of the Aircraft when being requested and to comply with any other applicable security requirements and procedures.
9. DAMAGES‍
   1. Siam Seaplane shall not be liable to the Charterer or any other person or entity for any injury to or death of any person or for any damage to or loss of any property unless such injury, death, damage or loss is the proven direct result of gross negligence or willful misconduct by Siam Seaplane or any of its employees, provided, however that
      1. Under no circumstances shall the liability of Siam Seaplane exceed the amount of insurance actually paid by Siam Seaplane's insurer in connection with such incident; and
      2. Under no circumstances shall Siam Seaplane be responsible for lost profits or any special or consequential damages.
   2. If the trip with respect to the Charter Service involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and the Convention governs and in most cases limits the liability of Siam Seaplane for death or personal injury and for loss of or damage to baggage.‍
10. SEVERABILITY‍
    • If any provision of the Terms and Conditions is deemed illegal, invalid or unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity and enforceability of any other part of the Terms and Conditions, which shall be construed as if such illegal, invalid or unenforceable provision had not been inserted in the Terms and Conditions, unless the severability of such illegal, invalid or unenforceable part would destroy the underlying business purpose of the Terms and Conditions in which case the Parties shall negotiate in good faith to substitute such illegal, invalid or unenforceable provision with a legal, valid and enforceable provision (or provisions) which implements the original intent of the Parties.‍
11. INDEMNITY‍
    • The Charterer shall indemnify Siam Seaplane, its directors, employees, servants, agent, associated companies or any third person from any liabilities, claims, penalties directly or indirectly related to the performance of this Charter Service including the management, control and operation of the aircraft unless proven to be due to gross negligence or willful misconduct of Siam Seaplane in the performance of the Charter Service.‍
12. FORCE MAJEURE‍
    1. In the event of non-performance, partial performance or delay resulting wholly or partly from any force majeure or occurrence or any circumstances whatsoever beyond the reasonable control of Siam Seaplane including, but not limited to, the acts of God, war, terrorism, strikes, labor difficulties, adverse weather conditions, slot delays, the actions of third parties, the act of any authority, technical breakdown, accident to the Aircraft or any part thereof or mechanical/electronic malfunction, closure or congestion at airports, government regulation/laws or other similar events, Siam Seaplane shall use its reasonable endeavors to perform or continue the flight but otherwise shall have not liability to the Charterer or any passengers for such non-performance, partial performance or delay and any time so lost shall not count in computing demurrage unless the Aircraft is already on demurrage.
    2. Notwithstanding Clause 12.1, the Charterer shall be liable to pay Siam Seaplane such portion of the Charter Fee as shall be proportionate to that part of the flight which has been performed together with all passengers' expenses and any additional charges payable by the Charterer pursuant hereto.
    3. The Charterer will not be able to claim any damages against Siam Seaplane as the result of Force Majeure.‍
13. ENTIRE TERMS AND CONDITIONS ‍
    • The Parties agree that the Terms and Conditions expresses all of the Terms and Conditions, understandings and covenants between the Parties in respect of the Charter Service, and that it supersedes all prior or contemporaneous negotiations, understandings and agreements regarding the same, whether valid or binding on any Party, unless expressed in writing and executed with the same formality as the Terms and Conditions.‍
14. LAWS AND REGULATIONS‍
    1. The Aircraft shall be used only in compliance with the laws and regulations of the relevant authorities of Thailand or any other country to, from or over which the Aircraft is flown. Siam Seaplane shall, at its own expense, apply for and use its reasonable endeavors to procure the grant of all licenses or permits required by the laws of Thailand and of any other country to, from or over which the Aircraft is to be flown for the performance of the flight but if such licenses or permits are not granted the flight(s) shall not take place.
    2. The Charterer will comply with and shall use its best endeavors to cause all passengers and owners of goods or other persons having an interest in goods carried in the Aircraft to observe and comply with all traffic regulations of Siam Seaplane and all customs, police, public health and other laws and regulations which are applicable in the countries in which flights are originated, landings are made or over which flights are made.
    3. The Parties agree to comply with the Terms and Conditions in relation to the passenger right protection subject to the laws, rules, regulations, restrictions, order, notifications and orders by related governmental organizations or other organizations.
    4. The Terms and Conditions are subject to all applicable rules, regulations, approvals and certifications in effect from time to time. ‍
15. GOVERNING LAW ‍
    • The construction, validity and performance of this Agreement shall be governed in all respects by the laws of Thailand.‍
16. PERSONAL DATA‍
    • The Charterer hereby acknowledge and agree that personal data has been given to Siam Seaplane for the purposes of making bookings for carriage and providing it 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 Siam Seaplane in any future dealings with the Charterer. For these purposes, by entering into a contract of carriage with Siam Seaplane the Charterer authorizes Siam Seaplane to retain and use its personal data and to transmit it to Siam Seaplane’s own offices, authorized agents and third party business associates, government agencies, other carriers or the providers of the services mentioned above, the collected personal data shall be collected and processed according to Privacy Policy.‍
17. CONFIDENTIALITY ‍
    • The Terms and Conditions are strictly confidential between the parties and shall not, without the prior written consent and mutual agreement of the other party, be disclosed by either party, in whole or in part, by any means whatsoever, to any third party (except as required by applicable law, or to such party's accountants, bankers or legal advisors). If disclosure is required as a result of applicable law, the parties shall cooperate with one another to obtain confidential treatment as to the commercial terms and other material provisions of the Terms and Conditions. The provisions of this clause shall survive the expiration or termination of the Terms and Conditions.‍
18. NOTIFICATION‍
    • Any notices or communications required or permitted under these Terms and Conditions shall be in writing and be delivered by registered mail and electronic mail: Address: 52/27 Soi Nana Nuea, Khlong Toei Nuea, Watthana, Bangkok 10110, Thailand and email: contact@siamseaplane.com.
19. DEFINITIONS
    1. “Aircraft” refers to any aircraft registered under the Siam Seaplane Company Limited.
    2. "Baggage" means such articles, effects and other personal property of a Passenger as are necessary or appropriate for wear, use, comfort or convenience in connection with his/her travel. Unless otherwise specified, it includes both checked and unchecked baggage of the Passenger.
    3. “CAAT” refers to the Civil Aviation Authority of Thailand.
    4. “Cancelation Fee” means the cancellation charges as specified on the charter flight quotation.
    5. “Charter Fee” means the price payable by Charterer to Siam Seaplane as specified on the charter flight quotation. 
    6. “Charter Service” or “Charter Flight” means
       1. An ad hoc charter flight for travel or tourism purposes providing services on domestic or according to a charter agreement with the passengers or the tour operators. It does not include an air ambulance/medivac, an own use charter, or a cooperate charter with the servicing period subject to a contract or an agreement, and a scenic flight. 
       2. A program charter service operating on domestic routes subject to a contract or an agreement with the passengers or the tourism business operators.
    7. “Dangerous Goods” means articles or substances which are capable of posing a hazard to health, safety, property or the environment and which are shown in the list of dangerous goods in the Technical Instructions or which are classified according to those Instructions.
    8. “Flight Schedule” or “Route Schedule” means a route schedule according to a charter service contract or a schedule announced by an airline or a tourism business operator.
    9. “Flight Cancellation” means a cancellation of a flight from a schedule by Siam Seaplane.
    10. “Flight Delay” means a flight that operates later than the time specified in a schedule. 
    11. “Passenger” means a passenger who uses a charter service either through a contract or agreement with Siam Seaplane directly, or through a package tour with a tourism business operator.
    12. “PIC” refers to Pilot-In-Command.
    13. “Private Policy” means the policies and procedures for collecting, using, and disclosing the personal data of each visitor to or user of the services.