13 DEFINITIONS

In these 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:

13.1"Domestic Air 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 Region of China).

13.2"International Air Carriage" means carriage in which, according to a contract of carriage, whether or not there is an interruption or a transfer in the course of carriage, one or more places of departure, destination and agreed stopping places are situated outside the People's Republic of China.

13.3"MF" is the abbreviation of Xiamen Airlines.

13.4"Convention" means whichever of the following instruments is applicable to the contract of carriage:

The Convention for the Unification of Certain Rules Relating to International Carriage by Air signed on 12 October 1929 in Warsaw (hereinafter referred to as the "Warsaw Convention");

The Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed on 28 September 1955 in the Hague (hereinafter referred to as the "Hague Protocol");

The Convention for the Unification of Certain Rules for International Carriage by Air signed on 28 May 1999 in Montreal (hereinafter referred to as the "Montreal Convention").

13.5"Xiamen Airlines Regulations" means rules, other than these Conditions, published by Xiamen Airlines and in effect on date of ticket issue, governing carriage of passengers and baggage and shall include applicable tariffs in force, ticket conditions, baggage transport rules, special passenger transport, overbooking handling rules, etc.

13.6"Airline Designator Code" means two characters registered with the International Air Transport Association (IATA) to identify a specific carrier.

13.7"Carrier" refers to all public air transportation corporations that use civil aircraft to transport passengers and baggage for the purpose of making profit.

13.8"Validating Carrier" means the carrier using its tickets and ticket numbers to sign the contract of carriage by air with passengers.

13.9"Marketing Carrier" means the carrier whose airline designator 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.

13.10"Operating Carrier" means the carrier that performs the relevant carriage under the authorization of the validating carrier.

13.11"Xiamen Airlines Sales Agent" or "Authorized Sales Agent" means an enterprise that has been authorized by Xiamen Airlines to represent Xiamen Airlines in the sales of air cargo/passenger transportation and relevant services within the agreed scope of authorization.

13.12"Authorized Ground Handling Agent" means an enterprise that has been authorized by Xiamen Airlines to represent Xiamen Airlines to provide ground handling agent service for air transport of passengers and baggage within the agreed scope of authorization.

13.13"Passenger" means any person, except members of the crew, carried or to be carried in an aircraft with the consent of Xiamen Airlines.

13.14"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.

13.15"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.

13.16"Infant" refers to any person who has been born for more than 14 days but is under the age of two on the date of commencement of travel.

13.17“X Years Old” means the calculation based on the year, month and day of the Gregorian calendar, starting from the first birthday.

13.18"Reservation" means the reservation of seat, class of service, or weight and size of baggage requested by a passenger.

13.19"Flight" means the scheduled flying of an aircraft on a required route, date and time.

13.20"Interline Flight" means two or more flights which are specified in a single contract of carriage.

13.21"Code-share Flight" means a flight operated by another carrier on which one or more carriers use their own airline designator code by agreement.

13.22"Ticket" means a valid document sold or approved and ensured by the carrier or its authorized agents, which is a kind of valid transport document, including paper tickets and electronic tickets. Expect for conjunction tickets, one ticket number corresponds to one ticket, constituting a single contract of carriage.  

13.23"Interline Ticket" means a ticket on which interline flights are specified.

13.24"Conjunction Ticket" means two or more tickets in conjunction with one another issued to a passenger by a same validating carrier, which together constitute a single contract of carriage.

13.25"Scheduled Ticket" means a ticket on which flight number and date are specified and a reservation is held.

13.26"Open Ticket" means a ticket on which flight number and date are not specified and a reservation is not held.

13.27"Flight Coupon" means that portion of a paper ticket that bears the notation "good for passage", or in the case of an electronic ticket, flight information in electronic data form held in the carrier’s database, and indicates the particular places between which a passenger is entitled to be carried.

13.28"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.

13.29"Itinerary/Receipt of E-ticket for Air Transport" means the special payment and reimbursement voucher provided by public air transport enterprises and air transport sales agents to passengers when purchasing tickets in Renminbi within the territory of the People's Republic of China. It is managed uniformly by the State Taxation Administration as invoices and printed with the invoice supervision stamp of the State Taxation Administration. It does not serve as proof for passing airport security check and boarding. Passengers shall keep it properly for use when applying for refunds.

13.30"Tariff" means the published fares, charges and related conditions of carriage of an airline, subject to the approval from appropriate authorities where required.

13.31"Normal Fare" means the highest fare established for First Class, Business Class and Economy Class that is applicable within a given period, including the corresponding fares for children and infants.

13.32"Discounted Fare" means other fares other than the normal fare.

13.33"Ticket Conditions" means the fare rules applicable to the reservation booking designator or fare type. 

13.34“Class of Service” means the classification based on the aircraft cabin layout, including First Class, Business Class, and Economy Class.

13.35“Reservation Booking Designator” means the class code shown on the ticket.

13.36"Ticket Change" or “Change of Ticket” means changes to flight number, flight schedule, flight date, reservation booking designator, route, or endorsement, etc.

13.37"Ticket Rescheduling" means change to flight schedules and flight dates of a same carrier specified on the ticket.

13.38"Endorsement" means change of the operating carrier.

13.39"Change Fees" means the fees charged by Xiamen Airlines for passengers' voluntary request to change the original flight plan according to ticket conditions, including the change fees for flight number, flight schedule, flight date, reservation booking designator, period of validity, etc.

13.40“Refund Fees” means the fees charged by Xiamen Airlines when a passenger voluntarily requests a ticket refund, in accordance with the ticket conditions.

13.41"Fare Difference" means the difference in tariff when the passenger voluntarily changes from a lower fare to a higher fare.

13.42"Stopping Places" means those places, except the place of departure and the place of destination, set forth in the ticket or shown in the carrier’s timetables as scheduled stopping places on the passenger's route.

13.43"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.

13.44"Overbooking" means the behavior that the number of seats sold by the carrier exceeds the number of actually available seats on a certain flight in order to avoid seat wastage.

13.45"Check-in Deadline" means the time limit specified by the operating carrier by which passengers must have completed check-in formalities and received boarding pass.

13.46"No Show" means the passenger fails to take his flight due to failure in check-in within the prescribed check-in deadline or non-compliant travel documents.

13.47"Miss a Flight" means the passenger fails to take the flight as listed on his ticket after completing check-in at the origin or when transferring at a connecting point.

13.48"Take a Wrong Flight" means the passenger takes a flight that is not listed on his ticket.

13.49"Baggage" means the articles that the carrier has agreed to carry and the passenger has brought with him during the journey, including checked baggage and unchecked baggage.

13.50"Checked Baggage" means baggage that the passenger has requested be taken custody and carried by the carrier and for which the carrier has issued a baggage check.

13.51"Unchecked Baggage" means any baggage that remains in the custody of the passenger.

13.52"Baggage Check" means those portions of the ticket which relate to the carriage of the passenger's checked baggage.

13.53"Excess Baggage Ticket" means a document issued by Xiamen Airlines for charging excess baggage fees.

13.54"Baggage Identification Tag" means a document issued to the passenger by the carrier solely for identification of checked baggage.

13.55"Damage" includes death, injury, delay, loss, partial loss or other damage of whatsoever nature arising out of or in connection with carriage or other services performed by the carrier incidental thereto.

13.56"Force Majeure" means unusual and unforeseeable circumstances beyond control, the consequences of which could not have been avoided even if all due care had been exercised.

13.57"Gratuitous Carriage" means Xiamen Airlines carries certain passengers and baggage by aircraft and free of charge (exclusive of taxes and charges), including but not limited to gratuitous carriage provided by Xiamen Airlines for benefits, marketing, private or business travel for employees, and frequent flyer rewards.

13.58"Charter Flight" means customized aircraft usage requirements other than ordinary individual and group ticket purchases, including but not limited to full aircraft charters and designated area charters.

13.59"Reasons Attributable to Xiamen Airlines" means the reasons of the carrier’s internal management, including aircraft maintenance, flight rescheduling, crew rescheduling, etc.

13.60"Reasons Not Attributable to Xiamen Airlines" means other reasons irrelevant to the carrier's internal management, including weather, emergencies, air traffic control, security check, passengers, etc.

13.61“Scheduled Departure Time” refers to the departure time approved by flight schedule authorities.

13.62“Scheduled Arrival Time” refers to the arrival time approved by flight schedule authorities.

13.63"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, or the situation that the scheduled departure time delays more than 15 minutes.

13.64"Flight Arrival 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.

13.65“Flight Early Departure” means a situation where the scheduled flight departure time is earlier than the scheduled flight departure time shown on the ticket.