7 EARLY DEPARTURE, DELAY, CANCELLATION AND DIVERSION OF FLIGHTS

7.1General Rules

7.1.1The Flight Times Or Aircraft Types Shown In Timetables Or Elsewhere May Change Between The Date Of Publication And The Date Of Commencement Of Travel. Xiamen Airlines Does Not Guarantee Them To Passengers And They Do Not Form Part Of Passengers' Contract Of Carriage With Xiamen Airlines, Nor Do They Form Xiamen Airlines’ Commitment To The Flight Times Or Aircraft Types.

7.1.2Subsequent To Selling Of Tickets, Xiamen Airlines May Change The Flight Times Or Aircraft Types According To Its Reasonable Judgment Or Operational Needs, And Will Notify Passengers Of The Change In Flight Times Based On The Valid Contact Information Provided By The Passengers.

7.1.3Xiamen Airlines Is Not Liable For Any Loss Arising From Flight Delays Caused By Factors Beyond The Control Or Avoidance 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.

7.1.4As Delays In Subsequent Flights May Result From The Delay Of a Preceding Flight, The Reasons For The Delay Of The Preceding Flight Shall Be Considered As The Reason For The Delay Of Subsequent Flights.

7.1.5Xiamen Airlines Will Take All Reasonable Measures To Avoid Flight Delays, Cancellations And Diversions. Except As Otherwise Provided By Chinese Laws And International Conventions, Xiamen Airlines Is Not Liable For Any Losses Caused To Passengers If It Took All Reasonable Measures Or It Was Impossible To Take Such Measures; Xiamen Airlines Is Not Liable For Any Further Losses Caused By Passengers' Failure To Take Appropriate Measures. 

7.2Irregular Flight Ticket Service

7.2.1If The Scheduled Departure Time Is Delayed More Than 15 Minutes, The Flight Is Canceled, Delayed In Departure, Diverted, Or Departs Ahead Of Schedule, Or The Connecting Time Of The Subsequent Connecting Flight Is Less Than The Minimum Connecting Time (Mct) Due To The Arrival Delay Of The Preceding Connecting Flight, Xiamen Airlines, As The Validating Carrier, Handles Involuntary Changes Or Involuntary Refunds Of Tickets For The Passenger In Accordance With These Conditions. For The Passenger Who Accepts The Alternate Flight Arranged By Xiamen Airlines Or Whose Ticket Where An Involuntary Change Has Been Granted, If The Passenger Requests a Change Or a Refund For His Ticket Due To His Own Reasons, The Relevant Provisions Of Voluntary Changes Or Voluntary Refunds In These Conditions Shall Apply.

7.2.2Unless Otherwise Specified, Before Xiamen Airlines Releases Irregular Flight Information Such As Flight Delays Or Cancellations, If a Passenger Has Voluntarily Canceled a Reservation, Not Shown Up, Or Missed a Flight Due To Reasons Not Attributable To The Carrier, The Subsequent Procedures For Ticket Refunds And Changes Shall Be Handled In Accordance With The Relevant Provisions Of Voluntary Changes Or Voluntary Refunds In These Conditions; Before Xiamen Airlines Releases Irregular Flight Information Such As Flight Delays Or Cancellations, If a Passenger Has Already Completed The Ticket Refund Or Change Procedures In Accordance With The Voluntary Refund And Change Regulations, The Change And Refund Fees Paid Will Not Be Refunded.

7.3Irregular Flight Information Service

If a Flight Of Xiamen Airlines Is Canceled, Delayed In Departure, Diverted, Or Departs Ahead Of Schedule, Xiamen Airlines Will Provide Flight Status Information In Accordance With Regulations.

7.4Irregular Flight Meals And Accommodation Service

7.4.1If a Flight Is Delayed In Departure Or Canceled At The Departure Airport Due To Reasons Attributable To Xiamen Airlines, Xiamen Airlines Will Provide Services Such As Meals Or Accommodation For Passengers According To Its Regulations.

7.4.2If a Flight Is Delayed In Departure Or Canceled At The Departure Airport Due To Reasons Not Attributable To Xiamen Airlines, Xiamen Airlines Will Assist Passengers In Arranging For Meals Or Accommodation At The Passengers' Own Expense.

7.4.3If a Flight Is Delayed In Departure Or Canceled At The Alternate Airport Or The Stopping Place, Xiamen Airlines Will Provide Meals Or Accommodation For Passengers In Accordance With Regulations.

7.4.4“a Flight Is Delayed In Departure” In Para.7.4 Refers To The Situation That The Actual Off-Block Time Of a Flight Is More Than 15 Minutes Later Than The Scheduled Departure Time, Excluding The Situation That The Departure Time Of a Flight Is Later Than The Scheduled Departure Time Due To The Adjustment Of The Flight Plan. "a Flight Is Canceled" Refers To The Situation That The Flight Plan Is Terminated Because The Flight Is Estimated To Be Delayed Or The Flight Is Already Delayed, Excluding The Situation That The Flight Plan Is Changed Or Terminated Due To Other Reasons.

7.5Flight Disruption Statement

Xiamen Airlines Will Provide Flight Disruption Statement For Passengers In Need In Accordance With Regulations. This Written Statement Shall Not Serve As The Basis For Xiamen Airlines To Handle Involuntary Changes Or Involuntary Refunds Of Tickets, Or Provide Relevant Services And Compensation For Passengers.

7.6Compensation For Flight Delays In Arrival

7.6.1If a Flight Is Delayed In Arrival Due To Reasons Attributable To Xiamen Airlines, Xiamen Airlines Will Provide One-Off Financial Compensation To The Passengers Taking The Flight Based On The Actual Arrival Delay Time:

a)For a Delay Between 4 Hours (Inclusive) And 8 Hours, The Compensation Rate For Each Passenger Is No More Than Rmb 200; 

b)For a Delay Of 8 Hours Or More, The Compensation Rate For Each Passenger Is No More Than Rmb 400;

c)Xiamen Airlines Will Negotiate With Passengers, In a Mutually Agreed Manner, To Give Compensation Through Cash Or Free Tickets.

7.6.2“Delay” In Para.7.6 Refers To The Situation That The Actual In-Block Time Of a Flight Is More Than 15 Minutes Later Than The Scheduled Arrival Time, Excluding The Situation That The Arrival Time Of a Flight Is Later Than The Scheduled Arrival Time Due To The Adjustment Of The Flight Plan.

7.7Xiamen Airlines Will Provide Services For Flight Delays/Cancellations And After Diversions In Accordance With Para.7.2 To 7.6. Unless Otherwise Mandatorily Or Prohibitively Stipulated By Applicable International Conventions, Laws, And Administrative Regulations, Xiamen Airlines Will Not Assume Any Other Liability.