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Clarification regarding the notification of the Central Bankruptcy Court, Thailand (THAI Business Reorganization)
14 June 2020
Thai Airways International Public Company Limited (THAI) filed the business reorganization petition with the Central Bankruptcy Court and the court later accepted the business reorganization petition on 27 May 2020. The Central Bankruptcy Court scheduled the hearing date to consider the business reorganization petition for 17 August 2020.
THAI hereby affirms that our policy is to facilitate and accommodate all valued customers to the best of our ability regarding airfair refund, members of the Royal Orchid Plus (ROP) program and THAI air ticket holder.
Future legal procedures
Currently, the Central Bankruptcy Court set the hearing date for THAI’s business reorganization trial to be on 17 August 2020. Unless there is any objection against the business reorganization plan and the plan preparer, the Central Bankruptcy Court shall issue a court order for THAI to undergo business reorganization; and the planner shall be appointed. Subsequently, related announcement and appointment shall be published or advertised in the Royal Gazette. Next, creditors of the Company who are entitled to monetary claim shall file the claim with the official receiver of the Legal Execution Department within a period of 1 month of the date such announcement or advertisement is published in the Royal Gazette. This process is expected to begin around early September to October 2020 or afterwards.
Policy on facilitation for airfare refund customers during the business reorganization period
We sincerely apologize to our customers regarding the business reorganization process, which temporarily barred us from proceeding with the airfare refund. Nevertheless, current air ticket holders can use the ticket and postpone the travel dates when the Company resumes the operation in compliance with the easing of Thailand’s COVID-19 surveillance, prevention, and control measures in respect of inbound and outbound flights. THAI hereby affirms that our policy is to facilitate and accommodate all refund customers to the best of our ability. We already discussed with the nominated planner on various alternatives allowed by related laws to minimize the burden of over 300,000 customers filing for refund, including a viable option where the planner shall specify conditions or details in the business reorganization plan to ensure coverage and entitlement of all refund-requesting customers. This would eliminate any time-consuming process and prevent any expense to be unnecessarily incurred from filing the claim with the official receiver. This act is within the authority of the planner, who is entitled to determine the same in the business reorganization plan.
In this regard, the Company shall adhere to the abovementioned policy to facilitate and preserve the rights to refund of our valued customers while shielding all of them from unnecessary waste of time or money. We will announce the official approach after the appointment of the nominated planner is endorsed by the court.
Policy on facilitation for members of the Royal Orchid Plus (ROP) program
During the business reorganization process, members of the Royal Orchid Plus program are not deemed creditors of the Company who are entitled to file for debt repayment in accordance with the business reorganization plan. This is because the earned miles were to be redeemed for rewards, namely conditioned air tickets of the Company. Nevertheless, we always acknowledge the value of your ROP membership and privileges attached to program; and we will see to the continuity of this benefit program for our valued ROP members. Please rest assured that your miles are valuable to us, and that the ROP status and membership as well as the benefits shall continue during the period of business organization. In this regard, ROP members shall be entitled to enjoy various privileges redeemable with the ROP miles when the Company resumes normal operation. For members whose miles are about to expire, the Company is in the process of extending such miles and membership status. Further details will be posted on
thaiairways.com/rop Let the Company reiterate that your benefits brought by the ROP program shall continue to exist and you are not required to file for debt repayment or take any legal actions during the business reorganization.
Policy on facilitation for THAI air ticket holders
We are well aware that there are THAI air ticket holders whose tickets remain unused due to the COVID-19 pandemic where the Company was forced to cancel most domestic and international flights. While THAI is undergoing business rehabilitation, these ticket holders are not deemed creditors of the Company who are entitled to file for debt repayment. This is because of the eligibility of your air tickets, which can be exercised when the Company resumes normal operations corresponding to the latest COVID-19 situation. Therefore, please be affirmed that your tickets will remain eligible and you have full rights to use such air tickets in all aspects in compliance with the business reorganization plan of the Company where neither debt repayment nor legal actions are required to be proceeded by the air ticket holders during the business reorganization.