5 REFUSAL AND LIMITATION OF CARRIAGE

5.1Refusal 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:

5.1.1The carriage is banned by national (or regional) laws, policies, regulations and orders; or

5.1.2Such action is necessary because the passenger has failed to observe any applicable national (or regional) laws, rules, government regulations and other normative documents, or the instructions of Xiamen Airlines; or

5.1.3The passenger has failed to produce valid travel documents as required by national (or regional) laws, rules, government regulations, other normative documents or travel conditions, or has not confirmed reservations for connecting flights, and may be repatriated at intermediate points; or

5.1.4The valid identity documents produced by the passenger during check-in are different from the valid identity documents used for purchasing the ticket; or

5.1.5The passenger may seek to enter a country (or region) through which he may be in transit, or the passenger may destroy his documents during flight or refuse to surrender his travel documents to the flight crew, against receipt, when requested; or

5.1.6The passenger has refused to submit to a security check for himself or his baggage; or

5.1.7The passenger has refused to observe the instructions given by crewmembers or authorized personnel to perform exit seat regulations of Xiamen Airlines, or to obey the crew’s commands; or

5.1.8The passenger is a person with disabilities, but the number of persons with disabilities on board has reached the maximum limit, or the only seat suitable for the passenger with disabilities is an emergency exit seat; or

5.1.9Such action is necessary because of weather or other reasons beyond the control of Xiamen Airlines; or

5.1.10The 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

5.1.11The person presenting the ticket cannot prove that he is the person named in the "Name of Passenger" box of the ticket; or

5.1.12The 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; or

5.1.13The passenger who shall be assisted by other person to move rapidly to the exit in case of emergency situation, by Xiamen Airlines’ procedures or reasonable notifications/requests, is not willing to observe the procedures or notifications/requests; or in accordance with the procedures, the passenger shall not be transported; or

5.1.14The passenger is drunk; or

5.1.15The conduct, age, or mental or physical state of the passenger is deemed unfit for air travel (except for the case in which a medical certificate indicating the passenger is fit for air travel is issued by a hospital of level 2 or above, specialized hospital, overseas clinic or medical center), or is such as to cause discomfort or make himself objectionable to other passengers, or involve any hazard or risk to himself or to other persons or to property:

a)Cardiovascular diseases

1)Hypertension with symptoms, with blood pressure ≥ 180/120 mmHg; hypotension with systolic blood pressure < 90 mmHg accompanied by dizziness, palpitations, nausea and other discomfort;

2)Stable angina pectoris; ischemic cardiomyopathy CCS Class IV;

3)Symptomatic or frequent arrhythmia; history of hemodynamic abnormalities such as syncope within the past month; history of cardiac arrest without ICD implantation or left ventricular EF persistently < 35%; severe pathological bradycardia (resting heart rate < 40 bpm); 

4)Acute heart failure or valvular heart disease within 6 weeks of onset; myocardial infarction within 6 weeks or EF < 40% with signs and symptoms of heart failure; congenital heart disease NYHA Class IV;

5)Onset of chest distress, chest pain, palpitations, abdominal pain, back pain or other discomfort within 2 hours prior to flight departure;

6)Within 3 days after ICD implantation without pain; pulmonary embolism within 4 days of onset;

7)Within 2 days after pacemaker implantation, electrophysiological examination, radiofrequency ablation, or percutaneous coronary intervention (PCI).

b)Brain diseases

1)Within 14 days after cerebrovascular accidents which mainly include cerebral infarction, cerebral embolism and cerebral hemorrhage (subarachnoid hemorrhage, rupture and bleeding of aneurysms, cerebral dural arteriovenous fistulas or cavernous hemangioma);

2)Craniocerebral injury, skull fracture with coma or irregular respiratory rhythm;

3)Within 24 hours after an epileptic seizure; or frequent and uncontrolled epileptic seizures within the past month; or a history of sudden epileptic seizures during previous flights.

c)Respiratory system diseases

1)Asthma that frequently and seriously occurs or needs to be treated in hospital;

2)Respiratory disease with significantly difficult breathing in resting state;

3)Within 14 days after closed pneumothorax, traumatic pneumothorax, or pleural effusion drainage or thoracic surgery.

d)Digestive system diseases

1)Active upper gastrointestinal bleeding;

2)Onset of pancreatitis, bowel obstruction, appendicitis, cholecystitis and other acute abdomen;

3)Within 24 hours after gastroscopy or colonoscopy.

e)Blood system diseases

Anaemia patients with haemochrome (hemoglobin) lower than 60g/L;

f)Eye, ear, nose and throat diseases

1)Within 24 hours after cataract surgery, pterygium excision or corneal laser surgery; less than 7 days after penetrating ocular injury;

2)Retinal detachment with intraocular gas not fully absorbed (gas may be injected intraocularly to increase intraocular pressure during treatment);

3)Acute phase of otogenic vertigo;

4)Within 7 days after nasal or sinus surgery;

5)Within 10 days after middle ear surgery;

6)Within 6 days after corneal transplantation;

7)Glaucoma with intraocular pressure exceeding 30 mmHg.

g)Orthopedic diseases

1)Untreated fracture;

2)Fracture fixed with tubular plaster and traction with weight adjusting hammer;

3)Within 24 hours for fracture fixed with non-tubular plaster;

4)Within 7 days after spinal surgery;

5)After medical treatment for hip and spinal injuries, it is not possible to use the standard seat of the aircraft to sit, or the seat back cannot maintain an upright position during takeoff/landing, without satisfactory alternative methods, which cannot comply with safety regulations.

h)Recent history of surgery (including minimally invasive surgery)

1)Within 7 days after mandibular fixation;

2)Within 7 days after tonsillectomy or with significant discomfort such as sore throat;

3)Within 7 days after appendectomy;

4)Within 7 days after thyroidectomy;

5)Within 10 days after open surgery involving major abdominal organ resection, or patients with unstable vital signs;

6)Within 3 weeks after cardiac surgery (within 3 days after cardiac radiofrequency ablation);

7)Within 4 days after laparoscopic surgery;

8)Within 7 days after ventricular septal defect (VSD) closure; within 2 days after atrial septal defect (ASD) closure;

9)Within 10 days after craniocerebral surgery.

i)Others

1)Women who just gave birth within 10 days;

2)Infants who were born within 14 days;

3)Expectant mothers who have conceived a child for more than 36 weeks (36 weeks included), or who have conceived two children or more during a pregnancy for more than 32 weeks (32 weeks included);

4)Passengers with mental illnesses in the acute stage who may endanger or affect the safety and health of themselves, other passengers or crew members;

5)Passengers with obvious symptoms, body odor or peculiarities that may cause other passengers' displeasure;

6)Passengers requiring in-flight blood transfusion, infusion and continuous use of oxygen supply on board the aircraft;

7)Closed thoracic drainage (excluding tracheal intubation, urinary tube, gastric tube, gallbladder drainage tube, etc.);

8)Passengers with unstable vital signs caused by various reasons (including various tumor patients), with other diseases that are deemed medically unfit for air travel or may deteriorate in the air;

9)Passengers determined to be unfit for air travel by the doctor from the airport;

10)Special passengers who cannot provide the certificates specified by Xiamen Airlines.

5.1.16the passenger has committed other acts that may endanger flight safety or public order.

5.2Limitation of carriage (services)

5.2.1Scope of limited carriage (services): 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. children, unaccompanied minors, infants, passengers applying for use of bassinets, sick passengers, passengers with disabilities, passengers carrying donated human organs, pregnant women, repatriates, 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 before purchasing tickets and traveling.

5.2.2Xiamen Airlines only accepts infants who have been born for more than 14 days but are under the age of two on the date of commencement of travel for carriage. An infant shall be held by an adult passenger during the flight. If the adult passenger requires a separate seat for his/her infant, he/she shall carry a child constraint system approved by the civil aviation authorities. Every adult can take up to 3 children and infants to travel with him/her, and the number of infants shall not be more than 1. 

5.2.3Xiamen Airlines only accepts unaccompanied minors who are over the age of five but under the age of twelve as of the date of commencement of travel for carriage. Unless otherwise agreed, the carriage of unaccompanied minors shall be applied to Xiamen Airlines 24 hours before takeoff and relevant formalities shall be carried out before traveling.

5.2.4Infants and children shall be accompanied by adult passengers who have reached the age of 18 and have full capacity for civil conduct in the same class during travel. This shall not apply to children who have been processed as unaccompanied minors.

5.2.5Xiamen Airlines may accept unaccompanied teenagers who are over 12 years old and under 16 years old as of the date of commencement of travel for carriage (optional and paid service). Unless otherwise agreed, the carriage of unaccompanied teenagers shall be applied to Xiamen Airlines 24 hours before takeoff and relevant formalities shall be carried out before traveling.

5.2.6Xiamen Airlines may accept passengers traveling on stretchers for carriage who must be accompanied by a person having full capacity for civil conduct and tending on the flight in the same class of service.

5.2.7If the passenger has any of the following conditions, he shall hold a medical certificate recognized by Xiamen Airlines and obtain the consent of Xiamen Airlines before ticket purchase and traveling. The medical certificate shall be issued by a hospital of level 2 or above, specialized hospital, overseas clinic or medical center, and include such a statement: "the passenger is diagnosed to be medically fit for travel by air", or other similar statement, with the doctor's signature and the medical organization's official seal. For the passengers recovering from face-lifting or plastic surgery, the medical certificate can also be issued by the outpatient department. Only the medical certificate issued within 72 hours before the scheduled time of departure remains valid.

a)The passenger carrying an incubator on board;

b)The Chinese mainland expectant mother going to Hong Kong SAR who is pregnant for more than 28 weeks (28 weeks included) shall hold Hospital Certificate and Confirmation of Delivery Service Appointment;

c)The passenger whose health is threatened by air travel or who requires special medical care during the flight, including the medical conditions not mentioned in Para.5.1.15 that may adversely affect the passenger's health and flight safety during the flight.

5.2.8Number 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.

5.3Arrangements for passengers who have been refused carriage

a)Unless otherwise stipulated, if a passenger has been refused carriage due to the provisions of Para.5.1.1 to 5.1.8, or 5.1.11 of these Conditions, Xiamen Airlines shall timely issue a written explanation;

b)As for the passenger who has been refused carriage due to Para.5.1.8, the provisions of involuntary changes or involuntary refunds shall apply;

c)As for the passenger who has been refused carriage due to Para.5.1.10, the passenger shall pay up the fare, tax and charge difference, or the provisions of voluntary refunds shall apply;

d)As for the passenger who has been refused carriage due to Para.5.1.5, 5.1.11 or 5.1.12, Xiamen Airlines reserves the right to retain his ticket and when necessary, will report to relevant authorities;

e)As for the passenger who has been refused carriage due to Para.5.1.9 or 5.1.15, the provisions of involuntary refunds shall apply;

f)As for the passenger who has been refused carriage due to the reasons other than above paragraphs, the provisions of voluntary refunds shall apply.

5.4Passengers need to understand the possible risks and responsibilities of sudden illness during flight, including compensating for the expenses incurred by airlines for diversion and landing at alternate airports due to treatment of passengers. Xiamen Airlines reserves the right to investigate the legal liability of passengers who, knowing that they are unfit for air travel, violate the provisions of these Conditions and complete ticket purchase and traveling by concealment, deception or misleading.