Условия и правила

SILK SKY AIR – TERMS AND CONDITIONS OF SERVICE

1. DEFINITIONS AND GENERAL PROVISIONS

1.1. The Company: Silk Sky Air, including its directors, employees, and authorized

agents.

1.2. The Aviation Partner (AVP): The licensed aircraft operator responsible for all flight

operations, technical safety, and pilot authority.

1.3. The Passenger: The individual or entity named in the booking confirmation,

including all guests under the same reservation.

1.4. Agreement: By completing a booking, the Passenger enters into a binding contract

with the Company and agrees to comply with these Terms and Conditions and the operational

rules of the AVP.

1.5 Agreement & Accuracy of Information: By completing a booking, the Passenger

enters into a binding contract with the Company. The Passenger is responsible for providing

accurate personal and contact information. Any operational delays, safety issues, or missed

communications caused by inaccurate data are the Passenger's responsibility and may result in

additional charges or non-refundable cancellation

2. FLIGHT OPERATIONS AND WEATHER POLICY

2.1. Operational Authority: All flight decisions, including the commencement,

diversion, or termination of a flight, are at the sole and absolute discretion of the AVP’s pilots

and Operations Control.

2.2. Safety Cancellations: A flight may be delayed, rescheduled, or cancelled without

prior notice if weather conditions, visibility, wind, or other safety factors fall below legal or

operational limits.

2.3. Force Majeure: The Company shall not be liable for failure to perform its obligations

if such failure results from acts of God, government restrictions, war, civil commotion, or any

other cause beyond the Company's control.

2.4. Weather-Related Remedies: If a flight is cancelled due to weather or safety

concerns, the Passenger may choose to reschedule at no additional cost, subject to availability.

If rescheduling is not feasible, a full refund shall be issued, less any applicable bank or

transaction fees.

2.5 Operational Substitution & Branding: The Company reserves the right to vary the

aircraft type or the licensed Operator based on operational needs. The branding of the aircraft or

equipment used may differ from marketing images provided by Silk Sky Air

2.6 Shared Flight Rules: Shared flights may operate with varying passenger numbers.

The Company reserves the right to modify flight times, routing, seating assignments, or aircraft

type to ensure safe and efficient operations. If operational changes affect a passenger’s itinerary,

the Company will communicate alternatives as soon as possible

Weather Monitoring and Final Confirmation: Official weather assessments shall be

conducted at intervals of 48 hours and 24 hours prior to departure. The final flight confirmation

remains subject to a definitive weather check performed 2 to 3 hours before the scheduled

departure time. The Company reserves the right to cancel the flight at this final stage if safety

conditions change.

3. CANCELLATION AND RESCHEDULING POLICY

3.1. Cancellation Fees: Cancellations by the Passenger are subject to the following

charges:

(a) 25% of the total fare if cancelled more than 72 hours before departure;

(b) 50% of the total fare if cancelled between 72 hours and 3 hours before

departure; and

(c) 100% of the total fare if cancelled less than 3 hours before departure or in the

event of a No-Show.

3.2. No-Show Definition: A Passenger is classified as a No-Show if they fail to arrive at

the designated check-in point within 3 hours of the scheduled departure time without prior

notification.

3.3. Rescheduling Terms: The Passenger may request to reschedule a confirmed

booking subject to the following notice periods and applicable fees:

3.3.1. Advance Notice: Requests submitted more than 24 hours prior to the

scheduled departure time shall be processed at no additional cost.

3.3.2. Standard Notice: Requests submitted between 24 hours and 3 hours prior

to the scheduled departure time shall incur a rescheduling fee equivalent to 25% of the total

fare. This percentage applies across all service tiers to account for operational standby costs.

3.3.3. Short Notice: Any request submitted less than 3 hours prior to the

scheduled departure time shall be reclassified as a cancellation. In such event, the Company

shall apply a 100% cancellation penalty, and no refund or credit shall be issued.

3.4. Operational Constraints: All rescheduling is strictly subject to aircraft availability

and the final approval of the Aviation Partner’s operational team. The Company does not

guarantee the availability of alternative time slots.

3.5. Validity Period: Any flight that has been rescheduled must be successfully

completed within 30 days of the original booking date. Failure to utilize the service within this

30-day timeframe shall result in the automatic expiration of the booking with no further

obligation from the Company.

4. PASSENGER HEALTH, SAFETY, AND READINESS

4.1 Passenger Readiness & Medical Fitness: Passengers must confirm they are

medically fit to fly. Guests who are pregnant, have recent surgeries, heart conditions, or vertigo

should consult a physician prior to booking. Pregnant passengers must present a medical

certificate confirming fitness to fly.

4.2 Child Policy:

4.2.1 Children under 2 years old are required to sit on a parent's lap

4.2.2 Children under 12 years old must be accompanied by an adult

4.3 Substance Impairment: The Company maintains a zero-tolerance policy regarding

alcohol or drug impairment. Crew may deny boarding without refund if a passenger is deemed

impaired or unsafe to fly.

5. PASSENGER LUGGAGE POLICY

5.1. Weight and Capacity Constraints: Due to strict helicopter performance limitations

and safety regulations, luggage capacity is extremely restricted. Total aircraft payload must be

calculated per flight, and the Company reserves the right to limit the number and weight of

personal items.

5.2. Standard Allowance and Specifications:

5.2.1. Each Passenger is permitted one (1) small soft-sided bag. Soft bags are

required for cabin compatibility; the Company reserves the absolute right to refuse hard -shell

suitcases.

5.2.2. Bag Dimensions: Standard luggage must not exceed 56cm x 36cm x

23cm.

5.2.3. Weight Limits: Exact weight allowances are dictated by the specific

aircraft type and total passenger manifest, as specified in the booking confirmation.

5.3. Prohibited and Hazardous Items: In compliance with ICAO and CAAT safety

standards, Passengers are strictly prohibited from carrying the following:

5.3.1. Flammable and Dangerous Goods: Including but not limited to

explosives, compressed gases, flammable liquids (e.g., fuel, paint, lighters), and corrosive

chemicals.

5.3.2. Batteries: Lithium batteries must not exceed 100Wh (or 160Wh with prior

approval). Spare batteries must be individually protected and carried in cabin baggage only.

5.3.3. Liquids: Volume must comply with standard aviation security limits for

carry-on items.

5.3.4. Weapons and Communication Devices: Firearms, sharp objects, and

powerful electronic transmission devices are strictly prohibited unless pre-authorized in writing.

5.3.5. Drones: Unmanned Aerial Vehicles (UAVs) must be declared at the time of

booking and are subject to strict battery and safety checks.

5.4. Oversized and Special Items: Any items exceeding the standard dimensions or

weight must receive written pre-approval from the Company at least 48 hours prior to departure.

Additional fees or the requirement of a dedicated cargo flight may apply.

5.5. Pilot’s Absolute Discretion: Notwithstanding any prior approval, the Pilot in

Command retains the final authority to refuse any item of luggage or equipment if it is deemed

to compromise the safety or balance of the aircraft.

5.6 One member from each booking group is required to sign the official Dangerous

Goods Form as a mandatory condition of carriage

6. GUEST CONDUCT AND SAFETY REQUIREMENTS

6.1. Compliance with Instructions: Passengers are strictly obligated to adhere to all

verbal and written instructions provided by the crew and ground staff at all times. This includes,

but is not limited to, the mandatory wearing of seatbelts and the use of safety equipment as

directed.

6.2. Mandatory Safety Briefings: Participation in a pre-flight safety briefing is a

mandatory requirement for all passengers. Failure to attend or comply with the protocols

outlined during the briefing may result in the immediate cancellation of the passenger’s flight

without refund.

6.3. Helicopter Proximity and Movement: For the prevention of injury, passengers are

strictly prohibited from approaching, boarding, or exiting the aircraft without the explicit

guidance and supervision of authorized staff.

6.4. Substance Impairment: The Company maintains a zero-tolerance policy regarding

alcohol or drug impairment. Any passenger who, in the sole judgment of the Company or the

Aviation Partner, appears to be under the influence of substances that may compromise flight

safety shall be denied boarding.

6.5. Right of Refusal and Denied Boarding: Silk Sky Air and the Aviation Partner reserve

the absolute right to deny boarding or to remove any passenger from the aircraft whose conduct

is deemed disorderly, abusive, or poses a potential risk to the safety of the aircraft, crew, or other

passengers.

6.6. Consequences of Non-Compliance: In the event that boarding is denied under this

Clause 6, the Company shall be under no obligation to issue a refund or provide alternative

transportation.

7. GROUND TRANSPORTATION POLICY

7.1. Provision of Service: The Company may, at its sole discretion or as part of a specific

package, provide or arrange ground transportation to and from designated helipads. Such

services may be operated as shared or private transfers and may be included in the fare or

offered as a supplementary add-on service.

7.2. Arrival Requirements: Passengers are strictly required to arrive at the designated

pickup point or helipad check-in counter at least 20 minutes prior to the scheduled check-in

time.

7.3. Passenger Delays and Associated Fees: Any delays caused by the Passenger that

affect the scheduled flight departure may result in the imposition of late departure fees. Such

fees are determined in accordance with the operational rules and penalty structures of the

Aviation Partner.

7.4. Limitation of Liability for Ground Transfers: The Company shall not be held liable

for any missed flights, disruptions, or financial losses resulting from road traffic congestion,

vehicle breakdowns, or the Passenger’s failure to arrive at the designated location by the

appointed time.

7.5. Service Confirmation: The specific details of any included ground transfers,

including pickup times and locations, shall be explicitly stated in the booking confirmation. Any

service not listed therein shall be deemed excluded from the fare.

8. LIABILITY AND COMPLIANCE

8.1. Governing Authority: All flight operations, safety protocols, and aviation-related

liabilities are governed exclusively by the Aviation Partner (AVP) in accordance with the laws of

the Kingdom of Thailand and Civil Aviation Authority of Thailand (CAAT) regulations.

8.2. Limitation of Liability: Silk Sky Air acts as a service facilitator and shall not be held

liable for any damages, losses, or expenses arising from the following:

8.2.1. Delays, rescheduling, or cancellations necessitated by weather conditions

or aviation safety requirements.

8.2.2. The failure of a passenger to arrive at the designated check-in or pickup

location by the appointed time.

8.2.3. The loss of, or damage to, any personal items, valuables, or luggage carried

by the passenger.

8.2.4. Any consequential or indirect losses, including but not limited to, the cost

of missed ferry connections, hotel reservations, onward travel arrangements, or any third-party

bookings.

8.2.5. Any incident resulting from the passenger’s failure to comply with

established weight restrictions, luggage policies, or crew safety instructions.

8.3. Health and Medical Liability: The Company shall not be liable for any illness, injury,

or death resulting from a passenger’s pre-existing medical conditions, serious illnesses, or

physiological reactions to flight.

8.3.1. Pregnant passengers are required to present a valid medical certificate

confirming fitness to fly. The Company assumes no liability for complications arising from travel

during pregnancy.

8.4. Regulatory Compliance: All passengers hereby agree to comply with Thai Aviation

Law and the safety standards prescribed by the Aviation Partner.

9. VIP SERVICE DISCLAIMER AND LIMITATIONS

9.1. Service Availability: The provision of premium or VIP ground services, including but

not limited to specialized lounge access, meet-and-greet services, and enhanced ground

handling, is strictly dependent upon the facilities available at specific helipad locations and

departure points.

9.2. Pre-Confirmation Requirement: VIP services are not a standard feature at all

operational locations. Any requirement for VIP services must be explicitly requested and

confirmed in writing by the Company at the time of the initial booking.

9.3. Location-Specific Constraints: The Passenger acknowledges that certain remote

or private helipad locations may have limited infrastructure, and as such, full VIP service suites

may not be available. The Company shall not be held liable for the absence of specific VIP

amenities at these locations.

9.4. Third-Party Providers: Where VIP services are provided by third-party facility

operators, the Company acts solely as an intermediary and does not warrant the specific quality

or continuous availability of such third-party amenities.

10. FUEL SURCHARGE (OUTSTATION REFUELING)

10.1 Supplemental Surcharge: In the event that outstation refueling is required, a

supplemental fuel surcharge may apply. The calculation shall be based on the prevailing retail

price of Jet A-1 fuel by PTT Public Company Limited (or an agreed supplier) plus an administration

fee not exceeding 5% .

11. CLIENT DATA USAGE AND PERSONAL DATA PROTECTION (PDPA)

11.1. Purpose of Data Collection: The Company collects essential passenger

information, including full names, ages, body weights, and contact details, exclusively for the

following purposes:

11.1.1. To ensure the safety of flight operations through accurate weight and

balance calculations.

11.1.2. To maintain and submit mandatory aviation manifests as required by the

Aviation Partner and Thai civil aviation authorities.

11.1.3. To facilitate the issuance of booking confirmations, service updates, and

essential flight status communications via email, SMS, or instant messaging platforms (e.g.,

WhatsApp).

11.2. PDPA Acknowledgment and Consent: By proceeding with the booking, the

Passenger explicitly acknowledges and grants consent to the Company and the Aviation Partner

to collect, use, and process personal data in accordance with the Personal Data Protection Act

(PDPA) of Thailand.

11.3. Data Security and Disclosure: The Company warrants that all passenger data

shall be processed with strict confidentiality. Personal information shall not be sold to third

parties and will only be disclosed to the Aviation Partner or authorized regulatory bodies as

necessitated by operational and legal requirements.

11.4. Data Retention and Privacy Policy: All personal data is processed and retained in

strict adherence to the Company’s Privacy Policy. Passengers retain the right to request access

to or correction of their personal data as permitted by law.

12. MEDIA AND MARKETING USAGE

12.1. Media Capture at Helipad Locations: Silk Sky Air and Andaman Aerodrome

reserve the right to capture photographic and video materials within the precincts of helipad

locations for both operational documentation and marketing purposes.

12.2. Grant of Limited License: Unless a specific written objection is submitted by the

Passenger, the Passenger hereby grants the Company a non-exclusive, royalty-free permission

to utilize non-identifiable images or atmospheric scenes featuring the Passenger in the

Company’s marketing and promotional materials.

12.3. Identifiable Images and Cabin Privacy: The Company maintains a strict policy

regarding personal privacy. Photographic or video recordings captured inside the helicopter

cabin, or any media that clearly identifies the Passenger, shall not be utilized for public

marketing purposes without obtaining the Passenger’s prior express consent.

12.4. Opt-Out Provisions: Passengers retain the absolute right to opt-out of media

capture or marketing usage at any time. Such requests may be submitted via official email

correspondence or verbally communicated to staff during the check-in process.

12.5. Third-Party Photography: The Company shall not be held liable for any media

captured or shared by third parties or other passengers during the course of the service.

13. ACKNOWLEDGMENT AND AGREEMENT TO TERMS

13.1. Binding Agreement: By completing a reservation and proceeding with the payment

for services provided by Silk Sky Air, the Passenger hereby acknowledges and affirms that they

have read, understood, and voluntarily agree to be legally bound by:

13.1.1. These Terms and Conditions in their entirety;

13.1.2. The specific Terms and Conditions of the Aviation Partner (AVP) as the

licensed aircraft operator; and

13.1.3. All applicable aviation safety protocols and the absolute authority of the

Pilot in Command.

13.2. Condition of Service: Acceptance of these terms is a mandatory condition for the

provision of service. In the event that the Passenger does not agree to any part of these Terms

and Conditions, the Passenger must refrain from completing the booking and is advised to

contact the Company’s representatives for further clarification prior to any transaction.

13.3. Entire Agreement: These Terms and Conditions constitute the entire agreement

between the Passenger and the Company, superseding all prior discussions, correspondence,

or informal agreements regarding the subject matter herein.

13. GOVERNING LAW

13.1. Jurisdiction: This Agreement shall be governed by and construed in accordance

with the laws of the Kingdom of Thailand. Any disputes arising hereunder shall be subject to the

exclusive jurisdiction of the Thai courts.