Xiamen Airlines General Conditions of Carriage for Domestic Passengers and Baggage
In Xiamen Airlines General Conditions of Carriage for Domestic Passengers and Baggage (hereinafter referred to as Conditions), except where the context otherwise requires or where it is otherwise expressly provided, the following expressions have the meanings respectively assigned to them, that is to say:
1.1 “DOMESTIC CARRIAGE” means carriage in which according to the contract of carriage, the place of departure, the place of destination and agreed stopping place(s) are situated in the People’s Republic of China (except for Hong Kong Special Administrative Region, Macao Special Administrative Region, and Taiwan).
1.2 “MF”is the abbreviation of Xiamen Airlines. (English name: XIAMEN AIRLINES, IATA membership code: MF, ICAO specified code: CXA, IATA Settlement Code: 731, Address: No. 22, Dailiao Road, Xiamen, Website: www.xiamenair.com).
1.3 “CARRIER" refers to all public air transportation corporations who issue tickets, carry or undertake to carry the passengers and their baggage listed on the tickets.
1.4 “ISSUING CARRIER” means the air transportation corporation showing its accounting code on flight coupons or value coupons of electronic tickets. The issuing carrier shall be the controlling and authorized entity of electronic ticket sales.
1.5 “MARKETING CARRIER" means the air transportation corporation whose airline code is recorded on flight coupons or value coupons of electronic tickets as the transportation carrier. In case of a bilateral agreement (e.g. an airline code sharing agreement), the marketing carrier and the operating carrier may not be the same.
1.6 “OPERATING CARRIER” means the air transportation corporation that provides the actual air transportation and additional services.
1.7 “XIAMEN AIRLINES REGULATIONS” means rules, other than the General Conditions of Carriage, made and published by Xiamen Airlines and in effect on date of ticket issue, governing carriage of passengers and baggage and shall include applicable tariffs and conditions in force.
1.8 “OTHER CARRIER REGULATIONS” means rules, other than the General Conditions of Carriage, made and published by other carriers and in effect on date of ticket issue, governing carriage of passengers and baggage and shall include applicable tariffs and conditions in force.
1.9 “SALES AGENT” means an enterprise engaged in sales agency for civil air transportation.
1.10 “AUTHORIZED SALES AGENT” means a sales agent authorized by Xiamen Airlines to represent Xiamen Airlines in the sales of air cargo/passenger transportation and relevant services.
1.11 “GROUND HANDLING AGENT” refers to an enterprise engaged in ground handling agent service for civil air transportation.
1.12 “AUTHORIZED GROUND HANDLING AGENT” means a ground handling agent authorized by Xiamen Airlines to provide ground handling service for flights of Xiamen Airlines.
1.13 “PASSENGER” means any person, except members of the crew, carried or to be carried in an aircraft with the consent of carrier.
1.14 “GROUP PASSENGERS” refers to passengers of a group, unless otherwise specified, consisting of 10 people or more who fly on the same segment, date, flight and class of service and pay the same group fare. The passenger who pays the infant, children or other special fare shall not be counted as one member of the group.
1.15 “CHILD” refers to any person who is over the age of two but under the age of twelve on the date of commencement of travel.
1.16 “UNACCOMPANIED MINOR” means any child who is over the age of five but under the age of twelve as of the date of commencement of travel, and is not accompanied by an adult passenger who has reached the age of 18 and has full capacity for civil conduct in the same class during travel.
1.17 “INFANT” refers to any person who is under the age of two on the date of commencement of travel; for medical reasons, Xiamen Airlines does not accept infants who are less than 14 days of age.
1.18 “RESERVATION” means the reservation of seat, class of service, and weight and size of baggage requested by a passenger.
1.19 “FLIGHT” means the scheduled flying of an aircraft on a required route, date and time.
1.20 “CODE-SHARE FLIGHT” refers to a flight operated by one carrier on which another carrier uses its airline code.
1.21 “PASSENGER RESERVATION FORM” refers to a business document used by Xiamen Airlines or its authorized sales agents to process reservations and issue tickets which must be completed by the passengers when purchasing tickets at the ticket counter.
1.22 "VALID ID" means the document that must be presented by a passenger when purchasing a ticket and checking in at the airport, in order to prove his or her identity as required by competent government departments. Valid IDs include: for residents of mainland China, resident identity card, valid passport, military officer’s identity card, soldier’s identity card, armed police officer’s identity card and seafarer’s passport; for Hong Kong, Macao and Taiwan residents, Mainland Travel Permit for Hong Kong and Macao Residents, Mainland Travel Permit for Taiwan Residents, and Mainland Residence Card for Hong Kong, Macao and Taiwan Residents; for foreign passengers, valid passport, diplomatic identity card and Foreign Permanent Residence Identity Card issued by the Ministry of Foreign Affairs of the People's Republic of China; other valid identity documents for travel by air specified by the CAAC. For residents of mainland China under the age of 16, birth certificate, household register or other identity documents issued by the public security organ in the district where the permanent residence is registered.
1.23 “TICKET” means a valid document sold or approved and ensured by the carrier or its authorized agent, including paper tickets and electronic tickets. A paper ticket, which is issued by the carrier or its authorized agent, is entitled “Passenger Ticket and Baggage Check” and includes the Conditions of Contract and Notices and the flight and passenger coupons contained therein. An electronic ticket, which is sold and ensured by the carrier or its authorized agent, is a valid transport document in the form of electronic data and is a replacement for a paper ticket.
1.24 “INTERLINE TICKET” means a ticket on which two or more flights are specified.
1.25 “ROUND-TRIP TICKET” means a ticket with which the passenger departs from one place for another and then returns back to the point of origin.
1.26 “CONJUNCTION TICKET” means two or more tickets in conjunction with one another issued to a passenger by a same issuing carrier, which together constitute a single contract of carriage.
1.27 “SCHEDULED TICKET” means a ticket on which flight number and date are specified and a reservation is held.
1.28 “OPEN TICKET” means a ticket on which flight number and date are not specified or a reservation is not held.
1.29 “FLIGHT COUPON” means that portion of the ticket that bears the notation “good for passage” and indicates the two particular places between which a passenger is entitled to be carried.
1.30 “PASSENGER COUPON” means that portion of the ticket issued by or on behalf of the carrier, which is so marked and which ultimately is to be retained by the passenger. (Only applicable to paper tickets)
1.31 “FULL FARE” means the highest fare established for First Class, Business Class and Economy Class that is applicable within a given period.
1.32 “DISCOUNTED FARE” means other fares other than the full fare.
1.33 “FREE CARRIAGE” means Xiamen Airlines carries certain passengers and baggage by aircraft and free of charge within China, including but not limited to free carriage provided by Xiamen Airlines for benefits, marketing, private or business travel for employees, and frequent flyer rewards.
1.34 “NO SHOW” means the passenger fails to take his or her flight due to failure in check-in at the prescribed time or non-compliant travel documents.
1.35 “MISS A FLIGHT” means the passenger fails to take his or her designated flight after completing check-in at the origin or when transferring at a connecting point.
1.36 “TAKE A WRONG FLIGHT” means the passenger takes a flight that is not listed on his or her ticket.
1.37 “OVERBOOKING” means that the number of passengers who have reserved seats exceeds the maximum seating capacity of the flight before check-in.
1.38 “SPILLAGE” means the spillage of passengers on a flight because of the aircraft type change or flight mergence caused by mechanical failure or aircraft scheduling, etc.
1.39 “ENDORSEMENT” means change of marketing carrier.
1.40 “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 the trip. Unless otherwise specified, it includes both checked baggage and carry-on items of the passenger.
1.41 “CHECKED BAGGAGE” means baggage that a passenger has requested be taken custody and carried by the carrier and for which the carrier has issued a baggage check.
1.42 “CARRY-ON ITEM” refers to belongings which are approved by Xiamen Airlines and carried and taken care of by the passenger himself, of which the type, quantity, weight and size have been regulated by Xiamen Airlines.
1.43 “BAGGAGE IDENTIFICATION TAG” means a document issued to the passenger by Xiamen Airlines solely for identification of checked baggage.
1.44 “EXCESS BAGGAGE TICKET” means a credential issued by Xiamen Airlines for charging excess baggage fees.
1.45 “SCHEDULED DEPARTURE TIME” means the takeoff time listed on a ticket; actual “DEPARTURE TIME” means the time of the clearance that the flight crew receives from the ATC to remove the last block of the aircraft after boarding of passengers.
1.46 “STOPPING PLACES” means those places, except the place of departure and the place of destination, scheduled as stopping places on the passenger's route.
1.47 “STOPOVER” means a deliberate interruption of journey by the passenger, at a point between the place of departure and the place of destination, which has been agreed to in advance by the carrier.
1.48 “DAYS” means calendar days, including all seven days of the week; provided that, for the purpose of notification, the day upon which a notice is dispatched shall not be counted; and that for purposes of determining duration of validity, the day upon which the ticket is issued, or the flight commenced, shall not be counted.
1.49 “FLIGHT DELAY” refers to the situation that the actual in-block time of a flight is more than 15 minutes later than the scheduled arrival time.
1.50 “FLIGHT DEPARTURE DELAY” refers to the situation that the actual off-block time of a flight is more than 15 minutes later than the scheduled “departure time”.
1.51 “FLIGHT CANCELLATION” refers to the situation that the flight plan is terminated because the flight is estimated to be delayed or the flight is already delayed.
1.52 “ONBOARD DELAY” refers to the situation that the waiting time of passengers in the cabin exceeds the taxiing time on the ground stipulated by the airport, occurring after the cabin door is closed and before takeoff, or after landing and before the cabin door is opened.
2.1 Except for domestic routes under special management, these Conditions apply to all domestic carriage by air of passengers and baggage, performed by Xiamen Airlines for reward.
2.2 These Conditions also apply to gratuitous and discounted fare carriage except to the extent that Xiamen Airlines has provided otherwise in the relevant conditions of carriage, contracts, passes or tickets.
2.3 If carriage is performed pursuant to a charter agreement, these Conditions apply only to the extent they are incorporated by reference by the terms of the charter agreement and the charter ticket.
2.4 Regarding code-share flights, these Conditions apply to carriage in which Xiamen Airlines is the issuing carrier, unless otherwise agreed.
2.5 Except as provided herein, these Conditions also apply to electronic tickets.
2.6 To the extent that any provision contained or referred to herein is contrary to anything contained in any applicable national laws and administrative regulations, such provision shall not apply. The invalidity of any provision shall not affect the validity of any other provision of these Conditions.
2.7 Except as provided herein, in the event of inconsistency between these Conditions and Xiamen Airlines regulations, these Conditions shall prevail.
Xiamen Airlines makes greater efforts to promote notifications to the public, so that passengers are able to acquire relevant air safety information (e.g. information about turbulence prevention, flight delays, etc.) in the process of ticket purchase, boarding and check-in, etc., and receive guidance to follow air safety regulations.
4.SCHEDULES, DELAY, CANCELLATION AND CHANGE OF FLIGHTS
4.1.1 Xiamen Airlines undertakes to use its best efforts to carry passengers and baggage and to adhere to the schedules in effect on the date of travel. However, the flight schedule or schedules and aircraft types listed at other places are for reference only; they are not part of the air carriage contract.
4.1.2 Except in the case of its acts or omissions done with intent to cause damage or recklessly and with knowledge that damage would probably result, Xiamen Airlines shall not be liable for errors or omissions in Timetables or other published schedules, or for representations made by representatives, employees or agents of Xiamen Airlines as to the dates or times of departure or arrival or as to the operation of any flight.
4.2 Cancellations and changes to flights
Under any of the following circumstances, Xiamen Airlines may, without prior notice, divert, cancel, terminate, postpone, or delay any flight:
a) In order to comply with any applicable national laws, rules or governmental regulations and other normative directives; or
b) In order to assure safe operation of a flight; or
c) As a result of circumstances beyond the control and prediction of Xiamen Airlines.
4.3 If due to circumstances listed in Provision 4.2, flight departure delay, cancellation or change occurs, and thus Xiamen Airlines is unable to provide previously confirmed space (including class of service), fails to stop at a passenger’s stopover or destination point, or causes a passenger to miss a connecting flight on which the passenger holds a reservation, Xiamen Airlines shall adopt the following measures by considering the reasonable needs of the passenger:
a) Arrange an available seat on a subsequent flight of Xiamen Airlines after getting consent from the passenger, or extend the validity of the passenger’s ticket when necessary;
b) Make an endorsement to another carrier after getting consent from the passenger and the carriers concerned;
c) Reroute the passenger to the destination or point of stopover by other flights of Xiamen Airlines;
d) Refund the passenger any overcharge in ticket fare, excess baggage charges and other service costs arising from measures a), b) and c) but do not require the passenger to pay for any short falls;
e) Make a refund in accordance with the regulations specified in Provision 11.5”Involuntary refunds”.
5.1.1 The ticket constitutes prima facie evidence of the contract of carriage between the carrier and the passenger named on the ticket. Xiamen Airlines will provide carriage only to the passenger holding a ticket issued by Xiamen Airlines or its authorized sales agents, or the passenger holding another acceptable transport document issued by Xiamen Airlines or its authorized sales agents as a proof of full payment or partial payment. The Notice to Passengers of Xiamen Airlines is a summary of some of the provisions of these Conditions.
5.1.2 The ticket is registered, and may be used only by the passenger whose name is listed on the ticket and this must match the passenger’s ID information.
5.1.3 A ticket is not transferable. A transferred ticket is invalid and non-refundable. If a ticket is presented by someone other than the person entitled to be carried there under or to a refund in connection therewith, Xiamen Airlines shall not be liable to the person so entitled if in good faith it provides carriage or makes a refund to the person presenting the ticket.
5.1.4 A paper ticket is invalid and non-refundable if it has been tampered with.
5.2 Sequence and use of tickets
5.2.1 The ticket purchased by a passenger is only applicable for the transportation from the place of departure via any stopping places to the place of destination as listed on the ticket. The fare paid by the passenger is based on the carrier’s tariff rules and the transportation listed on the ticket. Fare is the basic content of the contract of carriage between the carrier and passengers. Flight coupons of the ticket must be used in the sequence listed on the ticket. Unless otherwise stipulated by the fare, the flight coupons that have not been used in sequence shall be refunded according to the refund restrictions of corresponding class within 30 days after the expiry of the validity period at the latest.
5.2.2 If the passenger wishes to change any aspect of transportation, he/she must get consent from Xiamen Airlines in advance. The fare for the passenger’s new transportation will be recalculated, and the passenger will be given the option of accepting the new fare or maintaining his/her original transportation as ticketed. If the passenger is required to change any aspect of transportation due to force majeure, he/she must contact Xiamen Airlines as soon as practicable, and Xiamen Airlines will make reasonable efforts to transport the passenger to the next stopover or final destination, without recalculation of the fare.
5.2.3 If the passenger changes his/her transportation without agreement from Xiamen Airlines, Xiamen Airlines will determine the fare based on the passenger’s actual travel. The passenger will have to pay any difference between the fare paid and the new fare applicable to the changed transportation. Also, the unused coupons of the passenger’s ticket cannot be used or refunded anymore.
5.2.4 Each flight coupon contained in the passenger’s ticket shall indicate the carrier, class of service, flight date and flight number, and will be accepted for transportation after a seat has been reserved.
5.2.5 If the passenger holds an open ticket, the reservation can be made subject to applicable fare, tariff rules and the availability of seats on the flight requested.
5.2.6 A passenger shall not be entitled to be carried on a flight unless that passenger presents a valid identity document and a valid ticket. A passenger shall furthermore not be entitled to be carried if the ticket presented is incomplete or if it has been altered by anyone other than Xiamen Airlines of its authorized sales agents.
5.2.7 The passenger shall complete all flight segments listed on the ticket within the period of validity.
5.2.8 The passenger shall travel according to the sequence of segments listed on the ticket, and shall not terminate the trip after entering the cabin or at stopping places without the approval of Xiamen Airlines, otherwise the ticket cannot be refunded.
5.2.9 The flight coupons for domestic segments contained in an interline ticket may be used directly, without being reissued as a domestic ticket.
5.2.10 Domestic air tickets purchased by passengers outside of China and issued as an international ticket can be used only after being reissued as a domestic ticket in China.
5.3 Period of validity
5.3.1 Unless otherwise agreed, a ticket is valid for carriage for one year from the date of commencement of travel, or if the first coupon is unused or open dated, from the date of issue thereof.
5.3.2 If the first flight coupon of a ticket has been used, the whole ticket or any conjunction ticket is valid for carriage for one year from the date of commencement of travel. Regardless of revised routing or ticket reissue afterwards, the original period of validity will not change. If a ticket is totally unused, the period of validity of the new ticket after reissue is one year from the date of commencement of travel. For the reissued ticket of which the first flight coupon is unused or open dated, the period of validity is one year from the date of reissue.
5.3.3 Unless otherwise agreed, the calculation of the validity of a ticket begins from midnight on the date of commencement of travel or the date of issue, until midnight on the date of expiration.
5.3.4 Extension of validity
If a passenger is prevented from traveling within the period of validity of the ticket because Xiamen Airlines:
a) cancels the flight on which the passenger holds a reservation; or
b) omits a scheduled stop, being the passenger’s place of departure, place of destination or a stopover; or
c) fails to operate a flight reasonably according to the original schedule; or
d) causes the passenger to miss a connection with the flight on which he holds a reservation; or
e) is unable to provide previously confirmed space; or
f) substitutes a different class of service;
The validity of such passenger's ticket will be extended until the first flight of Xiamen Airlines on which space is available in the class of service for which the fare has been paid.
5.4 Loss of e-ticket itinerary receipt
If an e-ticket itinerary receipt is lost due to the reasons relevant to a passenger, it will not be printed again according to (Provisional) Regulations on E-Ticket Itinerary Receipt of Air Transportation.
5.5 Loss of paper ticket
5.5.1 Report of loss of paper ticket:
a) For a passenger who uses a paper ticket under particular circumstances, in case of loss or mutilation of a ticket, or part thereof, or non-presentation of a ticket containing the passenger coupon and all unused flight coupons, the passenger shall make a loss report to Xiamen Airlines in writing;
b) The passenger is required to produce his or her valid identity document when reporting the loss of a ticket; if the applicant is not the passenger, he or she is required to produce his or her own valid ID together with the ID of the person who lost his or her ticket. Other required information includes the original purchase date of the ticket, the name and location of the ticket office, and the flight information listed on the ticket;
c) Xiamen Airlines is not liable for tickets that have been fraudulently used or refunded in full or in part before the passenger reports the ticket as lost.
5.5.2 Replacing a paper ticket
a) If a passenger applies for replacement of a lost scheduled ticket, he or she must provide information and evidence as specified in Provision 5.5.1 b) of these Conditions at least 1 hour before the scheduled departure time of his or her flight. After verifying the information and evidence, Xiamen Airlines may reissue a new scheduled flight ticket under the following conditions:
1) The passenger shall complete Xiamen Airlines Lost Document Replacement/Refund Application Letter;
2) The passenger shall declare that he or she agrees to indemnify Xiamen Airlines for all possible resulting losses, including the possibility that the ticket has been or will be in the future fraudulently used or presented for a refund by others and the necessary costs of litigation.
b) Open tickets cannot be replaced;
c) Xiamen Airlines has the right not to reissue a replacement ticket for a lost ticket that has not been verified. The passenger who must continue travel prior to receiving verification shall purchase a new ticket; Xiamen Airlines does not guarantee that the newly purchased ticket will have the same fare and travel class as the original ticket;
d) The replaced ticket cannot be refunded or changed.
a) After an open ticket is reported lost, it may be refunded within 30 days after the expiry of the validity period at the direct sales agency of Xiamen Airlines where the loss report was accepted if it can be verified that it has not been fraudulently used or refunded;
b) After being reported lost, a scheduled ticket may be refunded according to item a) of this Provision.
5.6 Overbooking and spillage
5.6.1 According to the common practice of air transportation, Xiamen Airlines may appropriately overbook some flights on which seat wastage easily occurs; or there is a spillage of passengers because of the aircraft type change or flight mergence caused by mechanical failure or aircraft scheduling, etc. If the number of passengers who check in at the airport exceeds the seating capacity of the flight, Xiamen Airlines will, in principle, conduct the check-in procedure for the passengers in the order they arrived at the check-in counter. Before the check-in procedure, Xiamen Airlines will inform the passengers of the overbooking or spillage of the flight, the compensation plan and the rights to be enjoyed by the passengers.
5.6.2 Under the circumstances of overbooking or spillage, Xiamen Airlines will look for the passengers who volunteer for denied boarding; if such passengers are not enough, Xiamen Airlines may deny boarding to some passengers in accordance with its boarding priority rules.
5.6.3 For the passengers who cannot travel as scheduled due to overbooking or spillage, Xiamen Airlines will do its best to arrange suitable flights for them or make refunds free of charge according to their demands, and give a reasonable amount of compensation on the basis of their original flights and delay time.
6.FARES AND TAXES
6.1.1 Passenger fares mean the air transport prices for carriage from the airport of departure to the airport of destination. Fares do not include ground transport service between airports and between airports and city centers.
6.1.2 The price of a ticket is the applicable fare on the day when the passenger begins check-in. If the fare is adjusted after the ticket is sold, the fare amount will not change.
6.1.3 The passenger purchasing a discounted fare ticket shall comply with the provisions of the fare.
6.2 Fares for disabled or wounded veterans, disabled people's policemen injured in the line of duty, disabled fire and rescue personnel, children and infants. Disabled or wounded veterans, disabled people's policemen injured in the line of duty and disabled fire and rescue personnel are chareged 50% of the full adult fare applied to the same flight if they present their Certificate for Disabled or Wounded Veterans of the People's Republic of China, Pension Certificate for Disabled or Wounded People's Policemen of the People's Republic of China or Certificate for the Disabled of National Fire and Rescue Team.
6.2.2 A child can be charged 50% of the full adult fare applied to the same flight. Xiamen Airlines will provide a certain number of seats for children based on the availability of seats on the flight.
6.2.3 An infant can be charged 10% of the full adult fare applied to the same flight and will not be provided with a separate seat. The passenger requiring a separate seat for his/her infant must purchase a child fare ticket. The passenger traveling with more than one infant must purchase a child fare ticket for each additional infant.
6.2.4 Disabled or wounded veterans, disabled people's policemen injured in the line of duty, disabled fire and rescue personnel, children and infants may choose to purchase other applicable fare tickets other than those in Provision 6.2.1, 6.2.2 and 6.2.3, but shall abide by the applicable conditions of corresponding ticket fares.
6.3 Fare amount
6.3.1 The passenger shall pay his or her fare in currency using payment methods regulated by the State, and all fares must be pre-paid prior to travel, unless other arrangements have been agreed upon between Xiamen Airlines and the passenger.
6.3.2 When the amount that has been collected is not the applicable fare or there has been a mathematical error, the difference shall be paid by the passenger, or, as the case may be, refunded by Xiamen Airlines.
6.3.3 The ticket fare uses RMB 10 (Yuan) as its unit of account; all other fees received or paid by Xiamen Airlines use RMB 1 (Yuan) as the unit of account. Fares will be rounded to the nearest 10 Yuan and fees will be rounded to the nearest 1 Yuan.
6.4 Taxes (regardless of type)
6.4.1 Any tax or charge imposed by government or other authority, or any charge approved by government or other authority to be imposed by the operator of an airport or the carrier, in respect to passengers, will not be included in the ticket fare and shall be collected by the airlines and be payable by the passengers.
6.4.2 Fuel surcharge and aviation insurance surcharge shall be issued and charged by the carrier according to relevant national regulations. The infant who is charged 10% of the full adult fare but does not occupy a seat is exempt from fuel surcharge, while the child who is charged 50% of the full adult fare is subject to fuel surcharge. Currently, Xiamen Airlines domestic routes do not charge aviation insurance surcharge.
7.1 Reservation requirements
7.1.1 Reservations will not be valid until the fare has been paid in accordance with the procedures and time limits set forth by Xiamen Airlines and the payment has been verified by Xiamen Airlines or its authorized sales agents. Reservations are not confirmed until recorded as accepted by Xiamen Airlines or its authorized sales agents.
7.1.2 In accordance with Xiamen Airlines regulations, certain discounted fares may have conditions which limit or exclude the passenger’s right to change, endorse, refund or cancel reservations.
7.1.3 Xiamen Airlines may suspend reservations for a certain flight when necessary.
7.2 Time limit for purchasing a ticket
The passengers who have reserved seats shall make their purchase within the ticketing time limit as advised or agreed by Xiamen Airlines; otherwise their reservations will be canceled.
7.3 Personal information
The passenger must give correct and complete personal information (e.g. valid identity information, address, phone number, etc.)to Xiamen Airlines for the purpose of making a reservation for carriage and for obtaining ancillary services. For these purposes, the passenger authorizes Xiamen Airlines to retain such information and to transmit it to its own office, other carriers or the providers of such services.
7.4 Reservation priority
7.4.1 Important passengers, emergency public service personnel, disaster relief personnel, and the passengers who have booked several flights of Xiamen Airlines or have reserved priority class seats are given reservation priority.
7.4.2 The passengers who experience involuntary changes in itinerary may enjoy reservation priority if there are available seats on the flight.
7.5 Seating arrangements on the aircraft
7.5.1 Xiamen Airlines provides seats on the flight in the class of service for which the ticket has been issued, and does not guarantee to provide any particular seat requested by the passenger on the aircraft (except for the passengers paying to select seats).
7.5.2 To ensure flight safety, the passengers seated in emergency exit seats shall be designated by Xiamen Airlines.
7.6 Cancellation of unoccupied seats
If a passenger fails to occupy the space that has been reserved for him on a flight without any notice, Xiamen Airlines shall be entitled to cancel any original, onward or return reservations that Xiamen Airlines has made or procured for the passenger.
7.7 Change or cancellation of reservations
A passenger's request to change or cancel reservations shall be made within the time limit specified by Xiamen Airlines. If some fares are subject to limitations, the passenger's request to change or cancel reservations shall comply with such limitations.
8.PURCHASE OF TICKETS
8.1 Passengers may purchase tickets from the direct sales agencies (including but not limited to self-operated ticket office, sales office, Xiamen Airlines official website, Xiamen Airlines customer service hotline 95557, etc.) or authorized sales agents of Xiamen Airlines.
8.2 Passengers must provide a valid ID or other valid identity documents issued by a public security organ, as well as correct and valid contact details, and fill out Passenger Reservation Form when purchasing tickets at the ticket counter.
8.3 Passengers shall provide a valid proof of birth date of a child or an infant when purchasing a child fare ticket or an infant fare ticket.
8.4 Purchasing a ticket for a passenger to whom carriage (services) is limited shall be subject to Xiamen Airlines’ approval of the relevant evidence provided as required by Xiamen Airlines.
8.5 Each passenger shall respectively hold his/her own ticket.
8.6 The valid identity documents used for reservations and/or purchase of tickets must be the same as those used for check-in and boarding.
8.7 If a passenger purchases a ticket for a code-share flight, Xiamen Airlines and its authorized sales agent shall inform the passenger about the nature, marketing carrier and operating carrier of the flight in reservation and ticket purchase.
8.8 E-ticket itinerary receipt shall be printed within seven days after the flight departure at the latest.
9.LIMITATION OF CARRIAGE (SERVICES) AND REFUSAL OF CARRIAGE
9.1 Limitation of carriage (services)
9.1.1 Scope of limited carriage (services): Acceptance for carriage of special passengers whom need to be taken special care of during a flight due to their physical or mental condition, or who may be carried only under certain conditions, e.g. unaccompanied minors, infants, passengers applying for use of bassinets, sick passengers, disabled passengers, passengers carrying donated human organs, pregnant women, criminal suspects or prisoners, shall be subject to prior arrangement with Xiamen Airlines and relevant carriers in accordance with regulations of Xiamen Airlines and relevant carriers.
9.1.2 Number of passengers to whom carriage (services) is limited: For safety reasons, Xiamen Airlines may limit the number of passengers to whom carriage (services) is limited on each flight.
9.2 Refusal of carriage
Xiamen Airlines may refuse carriage of any passenger or passenger's baggage for reasons of safety or if, in the exercise of its reasonable discretion, Xiamen Airlines determines that:
a) such action is necessary for Xiamen Airlines to comply with any applicable national laws, rules, governmental regulations or other normative documents; or
b) the conduct, age, or mental or physical state of the passenger is deemed unfit for air travel, or is such as to cause discomfort or make himself or herself objectionable to other passengers, or involve any hazard or risk to himself or herself or to other persons or to property; or
c) such action is necessary because the passenger has failed to observe any applicable national laws, rules, governmental regulations or other normative documents, or the instructions of Xiamen Airlines; or
d) the passenger has refused to submit to a security check or to observe the instructions of crewmembers; or
e) the passenger is a disabled person, but the number of disabled persons on board has reached the maximum limit, or the only seat suitable for the disabled passenger is an emergency exit seat; or
f) the applicable fare or any charges or taxes payable have not been paid, or credit arrangements agreed between Xiamen Airlines or relevant carriers and the passenger have not been complied with; or
g) the passenger has failed to produce valid travel documents as required by national laws, rules, government regulations and other normative documents; or
h) the person presenting the ticket cannot prove that he or she is the person named in the “Name of Passenger” box of the ticket; or
i) the ticket presented by the passenger has been acquired unlawfully or has been purchased from an entity other than Xiamen Airlines or its authorized sales agents, or has been reported as being lost or stolen, or is a counterfeit ticket, or any flight coupon has been altered by anyone other than Xiamen Airlines or its authorized sales agents, or has been mutilated.
9.3 Arrangements for passengers who are refused for carriage
Xiamen Airlines will deal with the passengers who are refused for carriage according to the following provisions:
a) As for the passenger who is refused for carriage due to reasons described in Provision 9.2 a) and e), Xiamen Airlines will make a refund in accordance with the regulations specified in Provision 11.5”Involuntary refunds”;
b) As for the passenger who is refused for carriage due to reasons described in Provision 9.2 b), c) and d), Xiamen Airlines will make a refund in accordance with the regulations specified in Provision 11.6”Voluntary refunds”;
c) As for the passenger who is refused for carriage due to reasons described in Provision 9.2 f), Xiamen Airlines will accept for carriage after the passenger paid up the fare or tax difference, in accordance with the regulations specified in Provision 6.3.2, or make a refund in accordance with the regulations specified in Provision 11.6”Voluntary refunds”;
d) The passenger who is refused for carriage due to reasons described in Provision 9.2 g), will be processed in accordance with the regulations specified in Provision 10.1.2”Voluntary change of flight and/or date” or Provision 13.3”No show”;
e) As for the passenger who is refused for carriage due to reasons described in Provision 9.2 h) and i), Xiamen Airlines reserves the right to retain his/her ticket and when necessary, will report to relevant authorities.
10.1 Voluntary change
10.1.1 Voluntary change of class of service
If a passenger, after purchasing a ticket, voluntarily requests a change in the class of service or there is a change to the fare, Xiamen Airlines and its authorized sales agents shall process the request according to the applicable conditions of the relevant fare, when the availability of seats and the time are permitted. If the fare is changed from a lower one to a higher one, the fare difference and the change fee required by the applicable conditions of the fare shall be charged to the passenger. If the passenger is voluntarily downgraded to a lesser class of service, or the fare is changed from a higher one to a lower one, the passenger may get a voluntary refund and then purchase a new ticket.
10.1.2 Voluntary change of flight and/or date
If a passenger, after purchasing a ticket, voluntarily requests a change in the flight and/or date, he or she shall make such request within the validity period of the ticket, and such request shall be processed according to the applicable conditions of the relevant fare. Many fares are only applicable to the flight with a specific date as listed on the ticket and cannot be changed, or can only be changed after a passenger has paid for relevant charges.
10.1.3 If a passenger, after purchasing a ticket, voluntarily requests a change in the route or the passenger’s name, the original ticket is refunded in accordance with the regulations of voluntary refunds, and a new ticket is purchased on the basis of the new route or the new passenger’s name.
10.1.4 The rate of change fee is calculated based on the time of cancellation of the reserved seat. Unless otherwise specified by the fare, the difference between the change fee and the ticket price shall be calculated according to the face value of the ticket.
10.2 Involuntary change
10.2.1 In the case of flight departure delays, cancellations or changes, due to weather, air traffic control or other uncontrollable or unpredictable reasons irrelevant to Xiamen Airlines, Xiamen Airlines is unable to provide previously confirmed space (including class of service), or causes a passenger to miss a connecting flight on which the passenger holds a reservation, Xiamen Airlines shall adopt the following measures by considering the reasonable needs of the passenger:
a) Give priority to arranging an available seat on a subsequent flight of Xiamen Airlines for the passenger;
b) Make an endorsement to another carrier after getting consent from the passenger and the carriers concerned;
c) Reroute the passenger to the destination or point of stopover by other flights of Xiamen Airlines, refund the passenger any overcharge in ticket fare and excess baggage charges but do not require the passenger to pay for any short falls, and charge the passenger additional taxes, ground transport service fee and other service costs arising thereof.
10.2.2 In the case of flight departure delays, cancellations or changes, due to aircraft maintenance, flight rescheduling or other reasons relevant to Xiamen Airlines, Xiamen Airlines is unable to provide previously confirmed space (including class of service), or causes a passenger to miss a connecting flight on which the passenger holds a reservation, Xiamen Airlines shall adopt the following measures by considering the reasonable needs of the passenger:
a) Give priority to arranging an available seat on a subsequent flight of Xiamen Airlines for the passenger;
b) Make an endorsement to another carrier after getting consent from the passenger and the carriers concerned;
c) Reroute the passenger to the destination or point of stopover by other flights of Xiamen Airlines and/or other carriers, or other means of transportation accepted by both parties, refund the passenger any overcharge in ticket fare, excess baggage charges and other service costs but do not require the passenger to pay for any short falls.
10.3.1 If a passenger changes the carrier involuntarily, Xiamen Airlines shall deal with the passenger in accordance with the regulations specified in Provision 10.2 after getting consent from the passenger and relevant carriers.
10.3.2 If a passenger requests a voluntary change in the carrier, Xiamen Airlines may endorse his or her ticket to the new carrier if all of the following conditions are met:
a) The ticket or fare used by the passenger has no endorsement restriction; and
b) The passenger’s request for a change in the carrier is made within the period of validity of the ticket; and
c) A settlement relationship has been established between the carrier to which the passenger requests to change and Xiamen Airlines, enabling mutual issuance and receipt of tickets; and
d) The carrier to which the passenger requests to change agrees to the carriage and there are available seats in the same class of service on the flight.
10.3.3 In the case of a passenger who doesn't meet the conditions described in Provision 10.3.2 but requests a change in the carrier, Xiamen Airlines shall deal with such passenger in accordance with the regulations specified in Provision 11.6 “Voluntary refunds” of these Conditions.
10.3.4 The authorized sales agents of Xiamen Airlines is not allowed to process the endorsement for passengers without the special authorization of Xiamen Airlines.
11.1.1 On failure by Xiamen Airlines to provide carriage in accordance with the contract of carriage, or where a passenger requests a voluntary change in his or her arrangements, a refund for an unused Xiamen Airlines ticket or portion thereof shall be made by Xiamen Airlines in accordance with relevant regulations.
11.1.2 The passenger requesting a refund shall fill in a “REFUND APPLICATION LETTER” as prescribed by Xiamen Airlines. Except in the case of lost tickets, refunds will only be made on surrender to Xiamen Airlines of the passenger coupon, all unused flight coupons, the proof of payment and, if the ticket is a conjunction ticket, a complete conjunction ticket. For electronic tickets, refunds will only be made on condition that the ticket is OPEN FOR USE and the passenger who has printed the e-ticket itinerary receipt presents the e-ticket itinerary receipt.
11.1.3 The flight irregularity proof does not serve as the only basis for a passenger’s involuntary change or refund. The passenger shall go through the involuntary change or refund procedure by confirming the flight irregularity information with the direct sales agencies of Xiamen Airlines(or Xiamen Airlines customer service hotline 95557). The change/cancellation of the reservation or the refund requested prior to the release of flight irregularity information shall be charged as a voluntary change/refund.
11.2 Person to whom refund will be made
4.2.1 Xiamen Airlines shall be entitled to make a refund to the person named in the ticket.
11.2.2 The passenger shall present his or her valid ID document to get a refund at the direct ticket office of Xiamen Airlines; in cases where the person to whom refund will be made is not the passenger named on the ticket, the person shall present a valid ID document for the passenger along with his or her own valid ID document.
11.2.3 In addition to refund made at the direct ticket office of Xiamen Airlines, if a ticket has been paid for by a person other than the passenger named in the ticket, Xiamen Airlines shall make a refund only to the person paying for the ticket or to that person's order.
11.2.4 A refund made to anyone presenting the passenger coupon and all unused flight coupons and holding himself or herself out as a person to whom refund may be made in terms of Provision 11.2.1, 11.2.2 or 11.2.3 shall be deemed a proper refund and shall discharge Xiamen Airlines from liability and any further claim for refund.
11.3 Time limit for refunds
The passenger making a refund request shall complete the refund procedure within 30 days after the expiry of the validity period of the ticket at the latest. No refund of fare, civil aviation development fund, fuel surcharge or other taxes is available beyond 30 days after the expiry of the validity period.
11.4 Place of refunds
11.4.1 The passengers who request involuntarily refunds may get refunds at the direct sales agencies, authorized sales agents or ground handling agents of Xiamen Airlines in the place where the ticket was purchased, where the flight departed, stopped over or arrived.
11.4.2 The passengers who request voluntary refunds may get refunds in the following places:
a) If a passenger requests a refund at the place of issuance, in principle, the refund can only be processed in the place where the ticket was purchased;
b) A passenger may get a refund at a local direct sales agency of Xiamen Airlines if he requests a refund at the point of origin or destination other than the place of issuance; if there is no local direct sales agency of Xiamen Airlines, the passenger may get a refund from authorized sales agents of Xiamen Airlines.
11.4.3 If a passenger holding an open ticket requests a refund, in principle, the refund can only be processed in the place where the ticket was purchased.
11.5 Involuntary refunds
If due to flight departure delay, cancellation or change, Xiamen Airlines is unable to provide previously confirmed space (including class of service), fails to stop at a passenger’s stopover or destination point, or causes a passenger to miss a connecting flight on which the passenger holds a reservation, Xiamen Airlines shall adopt the following measures by considering the reasonable needs of the passenger:
a) If the passenger requests a refund, and no portion of the ticket has been used, an amount equal to the fare paid will be refunded free of cancellation fees;
b) If the passenger requests a refund, and a portion of the ticket has been used, an amount equal to the fare paid for the unused segments will be refunded free of cancellation fees; the amount of the refund must be at the same discount rate as the amount paid for the original fare, but in no instance can the amount of the refund exceed the amount paid for the original fare;
c) If the passenger who has changed flight voluntarily and paid change fees requests a refund when the changed flight is not operated as scheduled, the ticket can be refunded free of cancellation fees while the previously paid change fees cannot be refunded.
11.6 Voluntary refunds
The passengers requesting voluntary refunds shall be refunded in accordance with the applicable conditions of the relevant fare. The rate of cancellation fees is calculated based on the time of cancellation of the reserved seat.
11.7 Change or cancellation fees are waived in the following circumstances:
a) No cancellation fees are charged for infant fare tickets;
b) If a passenger requests a refund due to illness, according to Xiamen Airlines regulations, he/she shall present a real and valid medical certificate issued by the medical organization above the county level or the level 2, indicating that he/she is not fit for travel by air on the flight date as shown on the ticket (including diagnosis certificate, hospital bill and original medical record, which shall be issued earlier than the departure time listed on the ticket). No cancellation fees will be charged then. If the person accompanying the sick passenger requests a refund, he/she must present the copy of the sick passenger’s ticket and relevant certificates, and conduct the refund procedure together with the sick passenger concurrently. No cancellation fees will be charged then. If the person accompanying the sick passenger does not conduct the refund procedure together with the sick passenger concurrently, cancellation fees will be charged according to the refund restrictions of corresponding class of the ticket. For each sick passenger, at most two accompanying persons can get refunds free of cancellation fees.
c) In the event of death of a passenger and his/her immediate family member before the commencement of travel, provided a death certificate or a kinship certificate required by Xiamen Airlines is presented, Xiamen Airlines may change the ticket of the passenger and his/her immediate family member (no change fees are charged) or make a refund without cancellation fees according to the regulations of involuntary refunds. A passenger's immediate family members include: the passenger's parents, father-in-law, mother-in-law, spouse and children.
d）The disabled or wounded veterans, disabled people's policemen injured in the line of duty and disabled fire and rescue personnel, holding Certificate for Disabled or Wounded Veterans of the People's Republic of China, Pension Certificate for Disabled or Wounded People's Policemen of the People's Republic of China and Certificate for the Disabled of National Fire and Rescue Team, who are charged 50% of the full adult fare can make refunds without cancellation fees. For those disabled or wounded veterans, disabled people's policemen and disabled fire and rescue personnel, who are charged based on the discounted fare of other classes of service published by Xiamen Airlines, their refunds shall be processed according to the specific rules on corresponding classes of service.
11.8 If a passenger terminates his or her travel voluntarily at a stopping place, no refund is available for unused segments of his or her flight.
11.9 Refund to debit or credit cards
If a passenger pays for the ticket by a credit or debit card, the ticket can only be refunded to the original card account or to a valid credit or debit card in the passenger's own name, except as provided in Provision 11.2.3 of these Conditions. Xiamen Airlines will calculate the refund on the basis of the ticket fare amount and currency originally paid by the passenger in accordance with this rule. Due to currency exchange differences, the ticket fare amount refunded to the passenger’s card may be different from the amount originally recorded in the bank statement by the credit or debit card company. The passenger is not entitled to claim a refund from Xiamen Airlines for this difference.
11.10 Right to refuse refund
Except for involuntary refunds, Xiamen Airlines shall refuse to make refunds in any one or more of the following situations:
a) The passenger requests a refund after the expiry of the validity of the ticket;
b) The passenger fails to present valid documents, tickets or certificates when requesting the refund;
c) When the fare for the transportation used is equal to or higher than that of the whole transportation, the unused flight coupons cannot be refunded;
d) The ticket is indicated with a”non-refundable”restriction.
11.11 Tax refund
When making a refund, Xiamen Airlines shall refund taxes that have not been incurred at the time the passenger purchased the ticket. For the ticket that has no balance refundable or is non-refundable, taxes can be refunded separately without service charges within the time limit for refunds specified in Provision 11.3.
12.1 Time limit for purchasing tickets
Group passengers who have reserved seats must have their tickets issued within the time limit as advised or agreed by Xiamen Airlines; otherwise their reservations will be canceled.
12.2 Group passengers’ tickets must be used in sequence.
12.3 Ticket changes for group passengers
12.3.1 Voluntary change
Group passengers’ request for a change in class, flight, date, route or carrier after the ticket purchase shall be processed in accordance with the regulations in Provision 12.4.1”Voluntary refunds”.
12.3.2 Involuntary change
Involuntary changes of group passengers shall be processed in accordance with the regulations in Provision 12.4.2”Involuntary refunds”.
12.4 Refunds for group passengers
12.4.1 Voluntary refunds
Unless otherwise specified by Xiamen Airlines special products for group passengers, group passengers’ request for voluntary refunds after the ticket purchase shall be processed in accordance with Xiamen Airlines Regulations on Refunds for Group Passengers on Domestic Routes.
12.4.2 Involuntary refunds
a) Group passengers requesting a refund will receive a full refund of the ticket fare at the station of departure; or a full refund of unused segments of the ticket (i.e. an amount calculated by multiplying the published fare for the transportation from the stopping place to the destination as shown on the ticket and the discount of the original fare) at the stopping place (alternate airport), but in no instance can the amount of the refund exceed the amount paid for the original fare. No cancellation fees are charged in either case.
b) Refunds for group passengers involving flight departure delay will be processed as involuntary refunds if the group passengers make their request for refunds after the issuance of flight departure delay notice and before the actual takeoff; refunds requested at other times will be processed as voluntary refunds.
c) Refunds for group passengers involving flight time change will be processed as involuntary refunds if the adjustment to flight time is more than 2 hours, and will be processed as voluntary refunds if the adjustment to flight time is 2 hours or less.
d) Some members of a group request refunds due to illness
If some members of a group request refunds due to illness, they must make their request and cancel their reservations before the scheduled takeoff time of the flight. The passenger shall provide the copy of his/her ID card and relevant medical documents issued by a medical organization of the county level or above, including diagnosis certificate (the date not fit for travel listed on the diagnosis certificate shall cover the flight date indicated on the ticket), medical record and hospital bill. If the passenger needs to preserve the original of above documents, the direct sales agency will copy or take a picture of these documents after verification. If the passenger cannot provide above documents, his/her refund will be processed as a voluntary refund. If the person accompanying the sick passenger requests a refund, he/she must present the copy of the sick passenger's ticket and relevant certificates, and conduct the refund procedure together with the sick passenger concurrently. No cancellation fees will be charged then. For each sick passenger, at most two accompanying persons can get refunds free of cancellation fees. If the person accompanying the sick passenger does not conduct the refund procedure together with the sick passenger concurrently, his/her refund will be processed in accordance with the regulations in Provision 12.4.1”Voluntary refunds”.
12.5 Other refund restrictions
12.5.1 Place of refunds for group passengers
a) Voluntary refunds for group passengers can only be processed at the direct sales agencies or authorized sales agents of Xiamen Airlines where the tickets were purchased;
b) Involuntary refunds for group passengers may be processed at the direct sales agencies, authorized sales agents or ground handling agents of Xiamen Airlines in the place where the tickets were purchased, where the flight departed, stopped over or arrived.
12.5.2 If some members of a group request voluntary refunds, and the number of group passengers taking the flight changes, unless otherwise specified, their refunds shall be processed in accordance with the following provisions:
a) When the number of group passengers taking the flight is not less than the minimum number of group passengers stipulated by Xiamen Airlines special products for group passengers, their refunds will be processed in accordance with the normal regulations of refunds for group passengers;
b) When the number of group passengers taking the flight is less than the minimum number of group passengers stipulated by Xiamen Airlines special products for group passengers, if no portion of the ticket has been used, the full fare of economy class for passengers taking the same flight and cancellation fees stipulated in accordance with the normal regulations of refunds for group passengers will be deducted from the total group fare originally paid by the group passengers. Any excess fare collected for the ticket will be refunded but the group passengers will not be required to pay for any short falls; if a portion of the ticket has been used, taxes will be refunded, but the fare paid will not be refunded;
c) For voluntary refunds requested by some members of a group holding single tickets, taxes will be refunded, but the fare paid will not be refunded.
12.5.3 If a group passenger has purchased a ticket which is indicated with a”non-refundable”restriction, he/she cannot request a refund due to illness.
12.6 No show for group passengers
The ticket in the case of no show for group passengers becomes invalid automatically, in which taxes will be refunded, but the fare paid will not be refunded.
13.1.1 The check-in closing time varies from airport to airport. The passenger shall arrive at the airport sufficiently in advance of flight departure to permit completion of check-in procedures via his/her ticket and valid identity document. In the case of a code-share flight, Xiamen Airlines and its authorized agent shall tell the passenger to check in at the operating carrier’s counter.
13.1.2 If the passenger fails to arrive in time at the check-in counter or boarding gate, or fails to complete check-in procedures before the check-in closing time, or fails to present his/her valid identity document, ticket and/or boarding pass, or appears not ready to travel, Xiamen Airlines may cancel the space reserved for the passenger and will not delay the flight. Xiamen Airlines is not liable to the passenger for any resultant loss or expense. If a passenger requests a refund due to above reasons, it will be processed in accordance with the regulations of "Voluntary refunds" of these Conditions.
13.1.3 Passengers and their baggage must go through security check before check-in.
13.2 No show
13.2.1 The passengers who request a change in the carrier after no show will be processed in accordance with the regulations in "Voluntary refunds" of these Conditions.
13.2.2 The passengers who request a refund or change after no show will be processed in accordance with the regulations in "Voluntary refunds"or "Voluntary change" of these Conditions.
13.3 Miss a flight
13.3.1 The passengers who miss a flight as a result of their own actions will be processed in accordance with the regulations in "No show" of these Conditions.
13.3.2 For the passengers who miss a flight due to the actions of Xiamen Airlines, Xiamen Airlines shall arrange seats for the passengers on the earliest subsequent flight to the same destination. If the passengers requests a refund, it will be processed in accordance with the regulations in "Involuntary refunds" of these Conditions.
13.4 Take a wrong flight
For the passengers who take a flight to the wrong destination, Xiamen Airlines shall arrange for them to fly to the destination specified on the ticket as soon as possible, with the difference in fares neither refunded nor charged based on the actual fare paid. In case the passengers request a refund, Xiamen Airlines shall return the cost of traveling from the wrong destination to the original destination.
14.CARRIAGE OF BAGGAGE
14.1.1 Scope of baggage
Baggage carried by Xiamen Airlines is limited to items defined as baggage as specified in Provision 1.41 and 1.42 of the Conditions herein.
14.1.2 Items unacceptable as baggage
The following items are not permitted to be carried as or packed into baggage, or to be carried into the cabin:
a) Items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in relevant Chinese laws and regulations and Xiamen Airlines regulations;
b) Firearms, ammunition, other lethal weapons and replicas, except for specialized sporting equipment;
c) Items which in the opinion of Xiamen Airlines are unsuitable for carriage by reason of their weight, size or character, such as fragile or perishable items;
d) Ordnance, police arms and replicas;
e) Controlled knives;
f) Other than special dog breeds such as seeing eye dog, hearing dog and search and rescue dog, Xiamen Airlines does not accept live pet animals to be carried as baggage;
g) Other items prohibited from carriage by relevant states.
14.1.3 Items restricted from carriage (services)
The following items can only be carried provided that they are in conformity with the Conditions of Carriage and authorized by Xiamen Airlines:
a) Important documents and materials, securities, cash, notes, jewelry, precious metals and items made from precious metals, antique calligraphy and paintings or other valuables, fragile, vulnerable and perishable goods, samples, travel documents and other items which require special care are not permitted to be carried as or packed into checked baggage, but can be carried into the cabin, provided that they are in conformity with Xiamen Airlines’ restrictions on baggage weight and size;
b) Precision instruments, electrical appliances and similar products shall be checked as freight; if carried as checked baggage, they must be in conformity with Xiamen Airlines’ requirements on baggage packaging, size and weight;
c) The items that are not conductive to transport as checked baggage and do not meet the restrictions on weight and size in Provision 14.2.2. Such items might thus be secured and carried in a cabin passenger seat and the passenger shall pay extra fees and take good care of them;
d) Sports equipment, including firearms and ammunition for sporting purposes;
e) Musical instruments;
f) Diplomatic pouches and confidential documents;
g) Folding or electric wheelchairs for passengers to use during the trip;
h) Child restraint devices;
i) Sharp and blunt instruments other than controlled knives, including kitchen knives, fruit knives, table knives, craft knives, scalpels and scissors, as well as steel files, sabers, axes, cudgels and hammers, shall be carried in checked baggage;
j) Dry ice and drinks containing alcohol; smoking paraphernalia, prescription drugs and cosmetics for passengers to use during the trip;
k) Special dog breeds such as seeing eye dog, hearing dog and search and rescue dog.
14.2 Restrictions on baggage packaging, size and weight
14.2.1 Checked baggage:
a) All checked baggage shall be properly packaged, locked, firmly tied, capable of sustaining the changes in air pressure and handling required for carriage under normal conditions, and must conform with the following requirements:
1) Suitcases, bags and handbags shall be safely locked;
2) More than two pieces shall not be tied together as one piece;
3) Other items shall not be attached to the baggage;
4) Baskets, net bags, ropes, straw bags and plastic bags shall not be used to wrap baggage;
5) The passenger’s name, full address and telephone number should be marked on the outside of the baggage to facilitate contact.
b) For each piece of checked baggage, the maximum weight shall not exceed 50 kilograms and the maximum size shall not exceed 100 x 60 x 40 centimeters. Items exceeding these allowances may be checked only if they are approved for carriage by Xiamen Airlines.
14.2.2 Carry-on items:
a) Each First-Class passenger is allowed to carry up to two carry-on items on board;
b) Each passenger in other classes is allowed to carry no more than one carry-on item on board;
c) Each carry-on item carried into the cabin shall not exceed 5 kilograms in weight, 55 x 40 x 20 centimeters in size, and 115 centimeters in total dimensions (length + width + height). Carry-on items must fit under the seat in front of the passenger or in an enclosed storage compartment in the cabin. The items exceeding the above allowances for number, weight or size must be checked.
14.3 Free baggage allowance and excess baggage charges
14.3.1 Free baggage allowance:
a) Unless otherwise stipulated, the free baggage allowance for each passenger is:
1) 40 kilograms for First Class passengers;
2) 30 kilograms for Business Class passengers;
3) 20 kilograms for Economy Class passengers;
4) There is no free baggage allowance for infants traveling with infant fare tickets.
b) Where two or more passengers, traveling as one party to a common destination on the same flight, present themselves and their baggage for travel at the same time and place, pooling of the allowance applicable to the respective seat class of each paid ticket fare will be permitted;
c) Where involuntary class changes are made, a passenger shall be entitled to the free baggage allowance applicable to the seat class of the ticket originally purchased;
d) For domestic portions of international journeys, a passenger shall be entitled to the free baggage allowance applicable to internaional journeys.
14.3.2 Excess baggage charges:
a) For checked baggage that exceeds the free baggage weight allowance, the amount by which the baggage is overweight is known as excess baggage, for which an excess baggage fee will be charged;
b) Unless otherwise stipulated herein, the excess baggage fee per kilogram is 1.5% of the full economy class ticket price on the date that the excess baggage check is filled out, priced in RMB and rounded to the nearest whole Yuan.
14.4 Baggage value declaration
14.4.1 A passenger may declare a value for checked baggage valued in excess of RMB 100 per kilogram.
14.4.2 The declared value shall not exceed the actual value of the baggage. The maximum baggage declared value is RMB 8,000. If Xiamen Airlines objects to the declared value but passengers refuse to allow the baggage to be inspected, Xiamen Airlines reserves the right to refuse to accept the baggage for carriage.
14.4.3 When a declaration of value is made, the excess value charge shall be at the rate of 0.5 percent of such excess value stipulated in Provision 14.4.1, priced in RMB and rounded to the nearest whole Yuan.
14.5 Acceptance of baggage
14.5.1 Refusal of baggage:
a) In case any item listed in Provision 14.1.2 of these Conditions is part of or is included in the baggage, Xiamen Airlines reserves the right to refuse to carry the baggage;
b) In case any item listed in Provision 14.1.3 a) of these Conditions is part of or is included in the baggage, Xiamen Airlines reserves the right to refuse to accept the baggage as checked baggage;
c) In case any item listed in Provision 14.1.4 b) - h) of these Conditions carried by passengers fails to satisfy Xiamen Airlines' limitation of carriage (services), Xiamen Airlines reserves the right to refuse to carry the baggage;
d) In case the form, packaging, size, weight or character of the baggage fails to satisfy Xiamen Airlines' Conditions of Carriage but passengers cannot or will not correct the problem, Xiamen Airlines reserves the right to refuse to carry the baggage;
e) In case passengers refuse to submit to baggage security checks, Xiamen Airlines reserves the right to refuse to carry the baggage.
For transportation security, relevant government departments or Xiamen Airlines may inspect passengers' baggage, during which passengers shall be present. Xiamen Airlines is not liable for any loss which may arise from an inspection if passengers fail to be present for the inspection.
a) Passengers shall show a valid ticket to have their baggage checked on the departure date of the flight;
b) After the baggage is checked, a baggage identification tag will be given to the passenger as evidence for baggage claim;
c) When accepting baggage of disputed liability, Xiamen Airlines shall explain applicable Xiamen Airlines regulations to the passenger, and attach the limited release tag to the baggage with written approval of the passenger. If the passenger refuses to give written approval, Xiamen Airlines has the right to refuse the carriage of such baggage.
a) Passengers' checked baggage shall be carried on the same aircraft as the passengers unless Xiamen Airlines decides that this is impracticable under certain circumstances, in which case Xiamen Airlines shall inform the passengers and arrange for their checked baggage to be first carried on subsequent flights of Xiamen Airlines on which space is available;
b) Passengers' excess baggage shall be carried on the same aircraft as the passengers when space is available. Xiamen Airlines reserves the right to refuse to carry the excess baggage if the space is not available and the passengers do not agree to allow their baggage to be carried on subsequent flights of Xiamen Airlines.
14.5.5 Small animals:
a) Small animals refer to domesticated dogs, cats, birds or other pets, which do not include wild animals and animals with an unusual appearance, or other characteristics which might present a danger to passengers (such as snakes);
b) Passengers shall inform Xiamen Airlines if they wish to carry small animals when they make their flight reservation and they must provide an animal quarantine certificate. Small animals can only be checked in with the approval of Xiamen Airlines;
c) Passengers shall bring their small animals to the airport to be checked at the time specified by Xiamen Airlines on the date of check-in;
d) Containers for holding small animals shall be in conformity with the following requirements:
1) Be able to prevent the small animal from breaking the container, escaping and damaging people, baggage, cargo or aircraft by extending part of its body through an opening;
2) Be able to ensure that the small animal can stand and move freely, and have good ventilation to eliminate the possibility of suffocation;
3) Be able to completely contain feces, and prevent contamination to the aircraft, onboard equipment and other objects.
e) Small animals carried by passengers must be transported in the cargo hold;
f) If accepted as baggage, a small animal, together with its container and food carried, shall constitute excess baggage, for which passengers shall pay the excess baggage charges;
g) A value cannot be declared for the small animals accepted for carriage;
h) Passengers shall be fully responsible for small animals they checked. Xiamen Airlines shall not be liable for any sickness, injury or death attributed to the carriage for any reason other than that directly caused by Xiamen Airlines;
i) Seeing eye dogs and hearing dogs shall be carried according to this Provision. The passengers with a vision/hearing impairment may carry their seeing eye/hearing dog into the cabin provided that Xiamen Airlines regulations are satisfied. Seeing eye dogs and hearing dogs together with their containers and food may be carried free of charge in addition to the normal free baggage allowance.
14.5.6 Diplomatic pouches:
a) Diplomatic pouches shall be carried by the diplomatic courier in his custody. Upon request of the diplomatic courier, Xiamen Airlines may handle diplomatic pouches as checked baggage, but will only be liable to the extent of general checked baggage;
b) Diplomatic pouches and baggage carried by diplomatic couriers may be calculated by weight or piece, and any excess over the free baggage allowance shall be charged in accordance with the provisions for excess baggage;
c) Passengers must inform Xiamen Airlines when booking a flight of any diplomatic pouches that may need to occupy a seat. Such diplomatic pouches may be carried only with prior approval by Xiamen Airlines and relevant carriers;
d) Diplomatic pouches that occupy a seat shall not exceed the maximum weight of 75 kilograms and the maximum size of 100 x 60 x 40 centimeters. Diplomatic pouches that occupy a seat are not entitled to an additional free baggage allowance, and fees for carriage are calculated according to one of the following methods, whichever is greater:
1) Fees for carriage are calculated at the rate of excess baggage according to the actual weight of diplomatic pouches occupying a seat;
2) Fees for carriage are calculated as equivalent to the value of the ticket for the seat class of the diplomatic courier's ticket from the station of departure to the station of destination according to the number of seats occupied by diplomatic pouches;
e) Confidential documents carried by confidential liaisons shall be carried according to this Provision.
14.5.7 Illegal baggage
Checked and unchecked baggage which contains prohibited, restricted or dangerous items as stipulated by the Chinese government is considered illegal baggage, which Xiamen Airlines shall deal with according to the following provisions:
a) Xiamen Airlines will refuse to accept illegal baggage submitted for check-in at the departure airport, cancel or suspend carriage of illegal baggage already carried and require the passenger to immediately remove the illegal baggage. Any excess baggage fee charged the passenger will not be refunded;
b) In cases where illegal baggage is found at a stopping place, Xiamen Airlines will terminate the carriage immediately. Any excess baggage fee charged the passenger will not be refunded;
c) Xiamen Airlines will turn over any prohibited, restricted or dangerous items stipulated by the Chinese government that are included in illegal baggage to relevant authorities.
14.5.8 Baggage return:
a) If passengers request return of their baggage at the departure airport, they must make the request before the baggage is loaded onto the aircraft. The passengers who request refunds must have their checked baggage returned as well. Any excess baggage charges collected under these circumstances will be refunded;
b) Passengers may request return of their baggage at stopping places unless there is not enough time between connecting flights to process the request. In this case, any excess baggage charges collected for unused segments of the flight will not be refunded;
c) In the case of return of baggage with declared value, the excess value charge collected will be refunded at the departure airport but the excess value charge collected will not be refunded at stopping places;
d) The passengers who make involuntary changes in flights due to the reasons caused by Xiamen Airlines will have their baggage appropriately carried according Xiamen Airlines will refund any overcharge in excess baggage charges but the passengers will not be charged additional fees for any short falls. The excess value charge collected will not be refunded.
14.6 Baggage delivery
14.6.1 Baggage delivery:
a) Passengers shall claim their baggage by presenting their baggage identification tags immediately upon arrival, and shall present their flight ticket for inspection if required;
b) Xiamen Airlines delivers baggage according to baggage identification tags, and shall not be liable for whether the person claiming the baggage is the passenger him/herself, or for any loss or expense arising from releasing passengers’ baggage to the holder of a valid baggage identification tag;
c) If a passenger submits no discrepancy in writing when claiming baggage, it shall be prima facie evidence that the baggage is considered to have been completely delivered according to the contract of carriage;
d) Passengers shall report the loss of baggage identification tags to Xiamen Airlines immediately. Passengers shall provide documents showing proof of identity and issue a receipt when claiming baggage if they wish to claim baggage without proper baggage identification tags. Xiamen Airlines shall not be liable for any baggage losses that result from baggage claim occurring before the passenger reports the loss of the baggage identification tag;
e) If baggage is not claimed immediately, Xiamen Airlines reserves the right to dispose of any perishables included in the baggage 24 hours after arrival.
14.6.2 Undelivered baggage
Baggage remaining unclaimed for more than 90 days after the day of arrival shall be dealt with in accordance with the regulations for undelivered baggage.
14.6.3 Baggage irregularities:
a) If transported baggage is missing, delayed, lost or damaged, passengers shall follow the appropriate procedures with Xiamen Airlines or its authorized ground handling agents at the place where the problem occurred;
b) Xiamen Airlines shall compensate passengers for the inconvenience caused if checked baggage fails to arrive on the same aircraft with the passenger, and fails to arrive and deliver to the passenger on the same day, due to reasons caused by Xiamen Airlines. The standards for OPE (Out of Pocket Expense) are as follows:
|Class of Service||Economy Class||Business Class/Egret Platinum Card||First Class/Egret Diamond Card|
|OPE||RMB 200||RMB 300||RMB 500|
15.1 Common services
15.1.1 Xiamen Airlines shall not be liable for the cost of ground transport service inside airports, between airports or between airports and city centers. Xiamen Airlines shall not be liable for any conduct or negligence by such ground transport service providers or any help provided by its authorized sales agents to passengers for such ground transport service.
15.1.2 Unless otherwise stipulated herein, ground accommodations between connections of interline flights shall be at the passengers’ own expense.
15.1.3 Unless otherwise stipulated herein, Xiamen Airlines shall provide on-board meals or drinks but will not provide such services beyond the specified variety and quantity.
15.2 Flight irregularities
15.2.1 In the event of flight departure delays or cancellations, Xiamen Airlines and its authorized ground handling agents shall timely notify passengers of the flight departure delay or cancellation information, release dynamic information of flight delay every half hour, and provide explanation for passengers.
15.2.2 In the event of flight departure delays or cancellations at the departure airport due to aircraft maintenance, flight rescheduling, air crew or other reasons that are relevant to Xiamen Airlines, Xiamen Airlines shall provide the following services:
a) Provide catering for passengers for free;
b) Provide recreational facilities and reading material;
c) Provide communication equipment for passengers;
d) If a flight departure delay is estimated to be not more than 3 hours, arrange for passengers to take a rest in the airport terminal. If a flight departure delay is estimated to be more than 3 hours, or a flight is cancelled, send passengers to hotels as appropriate. Give priority to the senior, weak, sick, disabled or pregnant passenger, the passenger holding a child, unaccompanied minor and other passengers whom need be taken special care of;
e) If a departure delayed flight arrives at the destination airport, and no ground vehicles at the airport to the city center are available then, arrange for vehicles to send passengers to the transportation hub of the city center.
15.2.3 In the event of flight departure delays or cancellations at the departure airport due to weather, emergencies, air traffic control, airport security check, passengers or other reasons that are not relevant to Xiamen Airlines, Xiamen Airlines shall assist passengers in arranging for accommodations at the passengers’ own expense.
15.2.4 When a flight is delayed or cancelled at an alternate or stopover airport for any reason, Xiamen Airlines shall provide accommodations for passengers.
15.2.5 Xiamen Airlines can provide flight irregularity proof for passengers if needed.
15.2.6 When a flight is estimated to be delayed over 4 hours (including 4 hours) due to aircraft maintenance, flight rescheduling, air crew or other reasons that are relevant to Xiamen Airlines, Xiamen Airlines shall give financial compensation to passengers in accordance with the compensation standards specified in Provision 16 of these Conditions.
15.2.7 If a flight is estimated to be delayed for more than 2 hours, Xiamen Airlines shall provide beverage and drinking water for passengers in the airport terminal every 2 hours from the release of flight delay information. In the case of onboard delay for more than 2 hours (including 2 hours), Xiamen Airlines shall provide food and drinking water for passengers.
15.2.8 In the case of onboard delay for more than 3 hours (including 3 hours), without definite takeoff time, Xiamen Airlines shall arrange for passengers to disembark the aircraft and wait in the airport terminal under the premise of not violating air safety and security regulations.
16.FINANCIAL COMPENSATION FOR FLIGHT DELAY CAUSED BY REASONS RELEVANT TO XIAMEN AIRLINES
16.1 If a flight is delayed for 4 hours or above due to the reasons relevant to Xiamen Airlines, Xiamen Airlines shall give financial compensation to passengers (including infants and children). The financial compensation standards for infants and children are as same as that for adult passengers.
16.2 Compensation standards: The amount of compensation is calculated by the flight delay time. The compensation standards are specified as follows:
|Flight delay time concerning financial compensation||Compensation mileage of Egret Card||Cash compensation|
≥4 hours and ＜8 hours
|≤2000 points||≤RMB 200|
|≥8 hours||≤4000 points||≤RMB 400|
16.3 Compensation method: Passengers can get the cash, free ticket for compensation on the spot, or claim the compensation afterwards with apology letters.
17.CONDUCTS ABOARD THE AIRCRAFT
17.1 If a passenger conducts himself or herself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstructs the crew in the performance of their duties, or fails to comply with any instruction of the crew, or behaves in a manner to which other passengers may reasonably object, Xiamen Airlines may take such measures as it deems necessary to prevent continuation of such conduct, including restraint of the passenger. The passenger may be disembarked and refused onward carriage at any point, and may be prosecuted for offences committed on board the aircraft.
17.2 Handling of acts of unlawful interference and disruptive behaviors
Unruly passenger behaviors onboard the aircraft include acts possibly threatening air safety and disruptive behaviors.
17.2.1 Acts of unlawful interference are acts or attempted acts such as to jeopardize the safety of civil aviation, mainly including:
a) Unlawful seizure of aircraft;
b) Destruction of an aircraft in service;
c) Hostage-taking on board aircraft or on aerodromes;
d) Forcible intrusion on board an aircraft, at an airport or on the premises of an aeronautical facility;
e) Introduction on board an aircraft or at an airport of a weapon or hazardous device or material intended for criminal purposes;
f) Use of an aircraft in service for the purpose of causing death, serious bodily injury, or serious damage to property or the environment;
g) Communication of false information such as to jeopardize the safety of an aircraft in flight or on the ground, of passengers, crew, ground personnel or the general public, at an airport or on the premises of a civil aviation facility.
17.2.2 Disruptive behaviors refer to acts violating behavior specifications onboard the aircraft, or not listening to the instruction of the crew, and interrupting the normal order of the cabin, include but are not limited to:
a) Forcible occupation of seats and overhead bins;
b) Fighting and causing disturbances;
c) Obscenity and sexual harassment;
d) Disseminating pornographic goods and other illegal printed materials;
e) Using open fire or smoking;
f) Illegal use of mobile phones or other prohibited electronic devices;
g) Stealing, intentionally damaging or discretionally moving aviation equipment and facilities such as emergency doors;
h) Theft of public and private property on board;
i) Any other act which might pose a threat to the safety of civil aviation or interrupt the normal order of the cabin.
17.2.3 Handling measures
According to laws and civil aviation regulations of the countries concerned, if acts of unlawful interference and disruptive behaviors occurring in the cabin violate the law, Xiamen Airlines shall hand them over to the police or judicial authority for handling.
17.3 Portable Electronic Devices(PED)
The passengers shall use portable electronic devices onboard in accordance with the safety regulations of CAAC and Xiamen Airlines. Such devices include but are not limited to laptops, tablet computers, e-book readers, cellular phones, video players and electronic games. However, their radio transmitting functions(voice and data in cellular transmitting functions) must be turned off. Use of the PEDs of which radio transmitting functions cannot be turned off is prohibited throughout the flight(except medical electronic devices permitted by Xiamen Airlines, such as heart pacemaker, portable oxygenator, etc.). Toensure flight safety, Xiamen Airlines is entitled to prohibit the passengers from using PEDs under special circumstances, and the passengers shall comply with the cabin crew's instructions. The passengers are not allowed to use power banks throuhgout the flight, or carry power banks with a rated energy exceeding 160Wh on board the aircraft.
17.4 Non-smoking flights
All Xiamen Airlines flights are non-smoking flights. Smoking is prohibited in all areas of the aircraft.
17.5 alcoholic drinks restriction
Except for the alcoholic drinks provided by Xiamen Airlines, the passengers shall not have any other alcoholic drinks on board the aircraft.
17.6 Seat belts compulsory
While being on passenger seats on board the aircraft, the passengers shall fasten their seat belts as required.
18.1 The passenger shall comply with all provisions of laws, administrative rules, regulations, orders, demands and travel requirements of the People's Republic of China, and submit to any security checks by government or airport departments or by Xiamen Airlines.
18.2 The passenger shall present valid documents required by national laws, administrative rules, regulations, orders, demands and travel requirements. Xiamen Airlines reserves the right to refuse carriage of any passenger who has not complied with national laws, administrative rules, regulations, orders, demands and travel requirements, or whose documents do not appear to be in order.
18.3 If required by relevant government departments, the passenger shall attend inspection of his/her checked or carry-on baggage. Xiamen Airlines is not liable to the passenger for any loss or damage suffered by the passenger through failure to comply with this requirement.
19.LIABILITY FOR LOSS AND LIMITS OF COMPENSATION
19.1 Liability for loss
19.1.1 Unless otherwise stipulated in the contract, Xiamen Airlines is liable for any loss occurring in the carriage performed by Xiamen Airlines.
19.1.2 Xiamen Airlines is not liable for any loss arising from its compliance with Chinese laws, regulations, government rules and other normative documents, or from failure of the passenger to comply with the same.
19.1.3 The liability of Xiamen Airlines shall not exceed the amount of proven actual loss. Xiamen Airlines is not liable for any indirect or consequential losses, or emotional damages.
19.2 Death or injury of passengers
19.2.1 Xiamen Airlines is liable for an accident which causes death or injury of passengers that occurs on board the aircraft, or in the process of embarking or disembarking; however, Xiamen Airlines is not liable for any death or injury which occurs in the carriage arising from or aggravated by the passenger’s age, mental or physical condition.
19.2.2 The liability of Xiamen Airlines for each passenger is limited to the sum of RMB 400,000.
19.3 Loss of baggage
19.3.1 Xiamen Airlines is liable for any destruction, loss or damage to checked baggage arising from incidents that occur in the carriage, Xiamen Airlines is liable for any damage to carry-on items arising from the faults of Xiamen Airlines or its employees or agents.
19.3.2 Xiamen Airlines is not liable for any destruction, loss or damage to baggage caused solely by inherent defect, quality or vice of the baggage.
19.3.3 Xiamen Airlines is not liable for injury or property loss caused by or arising from a passenger or his/her baggage. Any passenger or his/her baggage causes injury to others or damage to others’ property or to the property of Xiamen Airlines shall indemnify Xiamen Airlines for all losses and expenses incurred by Xiamen Airlines as a result thereof.
19.3.4 For the destruction, loss or damage of baggage, Xiamen Airlines shall compensate or pay the repair costs in accordance with the lost value of the baggage. Compensation for the loss of checked baggage shall not exceed RMB 100 per kilogram, and shall not exceed RMB 3,000 per passenger for carry-on items. Compensation shall be made according to the actual value in cases where the baggage value is less than this stated limit.
19.3.5 Xiamen Airlines shall compensate passengers according to the declared value of the lost or damaged baggage in cases where value has been declared. If the declared value is higher than the actual value of the baggage delivered at the destination, compensation shall be based on the actual value.
19.3.6 For the destruction, loss, damage or delay of checked baggage or any item included in checked baggage, the weight used to determine Xiamen Airlines’ limit of liability shall be the actual weight of the damaged baggage or item. If the weight of the damaged baggage or item cannot be determined, compensation shall be subject to the maximum limit of the free baggage allowance for each passenger.
19.3.7 If items listed in Provision 14.1.3 a) of these Conditions are included in checked baggage which is destroyed, lost or damaged, Xiamen Airlines is liable in accordance with the limits of compensation liability for general baggage.
19.3.8 In calculating the compensation for lost baggage, the OPE paid shall be deducted from the compensation amount, excess baggage charges collected for the baggage will be refunded but the excess value charge will not be refunded.
19.3.9 For domestic portions of international journeys, a passenger shall be entitled to the baggage compensation applicable to international journeys.
19.3.10 Xiamen Airlines will contact the passenger immediately if the lost baggage for which the passenger has been compensated is found. The passenger may reclaim the baggage and refund the compensation in full, excluding OPE. Xiamen Airlines is entitled to pursue full compensation when detecting fraudulent actions on the passenger’s behalf.
19.4.1 Xiamen Airlines is liable for any loss to passengers or baggage arising from delays that occur in the carriage.
19.4.2 Xiamen Airlines is not liable for any loss arising from flight delays caused by factors beyond the control of Xiamen Airlines, which include but are not limited to weather, natural disasters, emergencies, air traffic control, airport security check, unavailability of normal services at an airport, passenger behavior, actions of Xiamen Airlines required by law, regulations, government rules and orders, and other uncontrollable or unavoidable factors.
19.4.3 Xiamen Airlines is not liable in cases where it proves itself, its employees or agents have, taken all necessary measures or it was impossible to take such measures to prevent loss.
19.4.4 As delays in subsequent flights may result from the delay of a previous flight, the reasons for the delay of the previous flight shall be considered as the reason for the delay of subsequent flights.
19.5 In the carriage of passengers and baggage, in cases where it is proved that the damage was caused or contributed to by the fault of the claimant, Xiamen Airlines may be wholly or partly exonerated from its liability in accordance with the extent of the fault that caused or contributed to such damage. Where a person other than the passenger claims compensation with respect to the death or injury of the passenger, Xiamen Airlines may similarly be wholly or partly exonerated from its liability in accordance with the extent of the fault that caused or contributed to such damage, in cases where Xiamen Airlines proves that the death or injury was caused or contributed to by the fault of the passenger himself or herself.
Any exclusion or limitation of liability of Xiamen Airlines shall apply to agents, employees and representatives of Xiamen Airlines and any person whose aircraft is used by Xiamen Airlines and such person’s agents, employees and representatives. The aggregate amount recoverable from Xiamen Airlines and from such agents, employees, representatives and persons shall not exceed the amount of Xiamen Airlines’ limit of liability.
20.CLAIMS AND LITIGATION
20.1 In the case of damage to baggage, the passenger must complain to Xiamen Airlines or its authorized ground handling agents forthwith after the discovery of the damage, and in the case of damage to checked baggage, at the latest, within seven days from the date of receipt. In the case of delay of checked baggage, the complaint must be made at the latest within twenty-one days from the date on which the checked baggage has been placed at the disposition of the passenger. Failing to complain within the prescribed periods, the passenger shall not claim compensation from Xiamen Airlines.
20.2 The right to damages shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
21.EFFECTIVENESS AND MODIFICATION
21.1 These Conditions shall become effective as of the date on March 28, 2021, and supersede the previous Xiamen Airlines General Conditions of Carriage for Domestic Passengers and Baggage.
21.2 Xiamen Airlines has the right to modify its Conditions of Carriage, regulations, fares and charges without notice. However, no such modification shall apply to the carriage which took place prior to the modification.
21.3 No employee, authorized sales agent, authorized ground handling agent of Xiamen Airlines or such agent’s employee has authority to violate or modify the Conditions of Carriage, regulations, fares and charges applicable to Xiamen Airlines.