Xiamen Airlines General Conditions of Carriage for International Passengers and Baggage
In Xiamen Airlines Conditions of Carriage for International 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 “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, 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, and the Convention for the Unification of Certain Rules for International Carriage by Air signed on 28 May 1999 in Montreal.
1.2 “INTERNATIONAL CARRIAGE” means carriage in which, according to a contract of carriage, one or more places of departure, destination and agreed stopping place is/are situated outside the People’s Republic of China.
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 “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).
1.5 “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.
1.6 “OTHER CARRIER REGULATIONS” means rules, other than the General Conditions of Carriage and Xiamen Airlines regulations, 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.
1.7 “ISSUING CARRIER” means the airline 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.
1.8 “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.
1.9 “GROUND HANDLING AGENT” refers to an enterprise engaged in ground handling agent service for civil air transportation.
1.10 “AUTHORIZED GROUND HANDLING AGENT” means a ground handling agent authorized by Xiamen Airlines to provide ground handling service for flights of Xiamen Airlines.
1.11 “PASSENGER” means any person, except members of the crew, carried or to be carried in an aircraft with the consent of carrier.
1.12 "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.
1.13 “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.
1.14 "RESERVATION" means the reservation of seat, class of service, and weight and size of baggage requested by a passenger.
1.15 "FLIGHT" means the scheduled flying of an aircraft on a required route, date and time.
1.16 "CODE-SHARE FLIGHT" refers to a flight operated by one carrier on which another carrier uses its airline code.
1.17 "PASSENGER RESERVATION FORM" refers to a business document used by Xiamen Airlines or its authorized sales agent to process reservations and issue tickets which must be completed by the passengers when purchasing tickets at the ticket counter.
1.18 "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.
1.19 “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.
1.20 "INTERLINE TICKET" means a ticket on which two or more flights are specified.
1.21 "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.
1.22 “CONJUNCTION TICKET” means two or more tickets in conjunction with one another issued to a passenger by a same carrier, which together constitute a single contract of carriage.
1.23 "SCHEDULED TICKET" means a ticket on which flight number and date are specified and a reservation is held.
1.24 "OPEN TICKET" means a ticket on which flight number and date are not specified or a reservation is not held.
1.25 “FLIGHT COUPON” means that portion of the 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 airline database, and indicates the particular places between which a passenger is entitled to be carried.
1.26 “PASSENGER COUPON” or “PASSENGER RECEIPT” means that portion of the ticket which is so marked and which ultimately is to be retained by the passenger.
1.27 “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.
1.28 “FULL FARE” means the highest fare established for First Class, Business Class and Economy Class that is applicable within a given period.
1.29 “DISCOUNTED FARE” means other fares other than the full fare.
1.30 "FREE CARRIAGE" means Xiamen Airlines carries certain passengers and baggage by aircraft and free of charge outside 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.
1.31 "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.
1.32 "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.
1.33 "TAKE A WRONG FLIGHT" means the passenger takes a flight that is not listed on his or her ticket.
1.34 “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 unchecked baggage(cabin-seat baggage, carry-on items) of the passenger.
1.35 “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.
1.36 “UNCHECKED BAGGAGE” means any baggage of the passenger other than checked baggage that remains in the custody of the passenger.
1.37 “BAGGAGE CHECK” means those portions of the ticket which relate to the carriage of the passenger's checked baggage.
1.38 “BAGGAGE IDENTIFICATION TAG” means a document issued to the passenger by Xiamen Airlines solely for identification of checked baggage.
1.39 "EXCESS BAGGAGE TICKET" means a credential issued by Xiamen Airlines for charging excess baggage fees.
1.40 "DEPARTURE TIME" means the takeoff time listed on a ticket.
1.41 “STOPPING PLACES” means those places, except the place of departure and the place of destination, scheduled as stopping places on the passenger's route.
1.42 “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.
1.43 “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.
1.44 “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.
1.45 “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.
1.46 "OVERBOOKING” means that the number of passengers who have reserved seats exceeds the maximum seating capacity of the flight before check-in.
1.47 "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.
2.1.1 Except as provided in Provision 2.2, 2.3, 2.5 and 2.6, these Conditions apply to all international carriage by air of passengers and baggage, performed by Xiamen Airlines for reward; regarding code-share segments and flights, these Conditions also apply to carriage in which Xiamen Airlines is the operating carrier.
2.1.2 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.
2.2 These Conditions apply to the segments operated by Xiamen Airlines for the international carriage jointly performed by several successive carriers.
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 To the extent that any provision contained or referred to herein is contrary to anything contained in the Convention where applicable and any applicable 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.
2.5 Except as provided herein, in the event of inconsistency between these Conditions and Xiamen Airlines regulations, these Conditions shall prevail.
2.6 Carriage on routes between the Chinese Mainland and Hong Kong, Macao and Taiwan shall comply with these Conditions, except as provided otherwise in government regulations, relevant contracts, passes or tickets.
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.
4.1.1 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 agent, or the passenger holding another acceptable transport document issued by Xiamen Airlines or its authorized sales agent 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.
4.1.2 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.
4.1.3 A passenger shall not be entitled to be carried on a flight unless that passenger presents a ticket valid and duly issued in accordance with Xiamen Airlines regulations and containing the flight coupon for that flight and all other unused flight coupons and the passenger coupon. A passenger shall furthermore not be entitled to be carried if the ticket presented is mutilated or if it has been altered otherwise than by Xiamen Airlines or its authorized agent. For electronic tickets, if the coupon of the segment which passenger requests to check in is not unused and valid, Xiamen Airlines has the right to refuse the passenger for carriage.
4.1.4 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 thereunder 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.
4.1.5 A ticket is invalid and non-refundable if it has been tempered with.
4.1.6 Special refund and endorsement restrictions may apply to some tickets which are sold at discounted fares. For example, some tickets may be partially or completely non-refundable, or non-endorsable. Passengers should choose the fare best suited to their needs.
4.2 Period of validity
4.2.1 Unless otherwise agreed, a ticket is valid for carriage for one year from the date of commencement of travel or if no portion of the ticket is used, from the date of issue thereof.
4.2.2 A ticket issued at discounted fare is valid for carriage only for the period subject to the conditions prescribed in Xiamen Airlines regulations.
4.2.3 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.
4.2.4 Period of validity of travel: Some tickets at discounted fares impose strict restrictions on the longest and/or shortest time of a passenger’s stay in a certain place. The passenger must complete his/her travel within the stipulated time limit.
4.3 Extension of validity
4.3.1 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) substitutes a different class of service; or
f) is unable to provide previously confirmed space;
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.
4.3.2 When a passenger holding a ticket, is prevented from traveling within the period of validity of the ticket because at the time such passenger requests reservations Xiamen Airlines is unable to provide space on the flight, 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.
4.4 Flight coupon sequence
4.4.1 Xiamen Airlines will honor flight coupons only in sequence from the place of departure as shown on the ticket.
4.4.2 Xiamen Airlines may not honor the passenger's ticket if the first flight coupon has not been used and the passenger commences his or her journey at any stopover or agreed stopping place.
4.4.3 Each flight coupon will be accepted for carriage in the class of service specified therein on the date and flight for which space has been reserved. When flight coupons are issued without a reservation being specified thereon, space will be reserved on application subject to the conditions of the relevant fare and the availability of space on the flight applied for.
4.5 Loss of ticket
4.5.1 In case of loss of an unused ticket, flight coupon, MCO, exchange coupon, or other transport documents, the passenger must take sole responsibility. Xiamen Airlines shall not be obliged to make a refund or issue a new one for the lost document. Xiamen Airlines may refuse a passenger’s request for the refund or reissue, or make a refund or reissue according to the conditions specified in Xiamen Airlines regulations.
4.5.2 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, Xiamen Airlines may refund such ticket or replace such ticket or part thereof by issuing a new ticket upon receipt of the passenger’s loss report made either to Xiamen Airlines or its authorized agent in the paper form prescribed in Xiamen Airlines regulations within the period of validity of the ticket, of satisfactory proof that a ticket valid for the flight in question was duly issued, and of a certificate issued by the local public security authority.
4.5.3 The lost ticket becomes void after it is replaced. The ticket replaced cannot be refunded.
4.5.4 The refund of a lost ticket can only be made within the period of validity of the ticket. The lost ticket that has been fraudulently refunded or used will not be refundable.
4.5.5 In case of loss of a MCO, the passenger can not apply for a reissue but a refund only.
4.6 The carrier's name may be abbreviated in the ticket. The carrier's address shall be deemed to be the airport of departure shown opposite the first abbreviation of the carrier's name in the “Carrier” box in the ticket.
4.7.1 According to the common practice of air transportation, Xiamen Airlines may appropriately overbook some flights on which seat wastage easily occurs.
4.7.2 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 of the flight, the compensation plan and the rights to be enjoyed by the passengers.
4.7.3 Under the circumstances of overbooking, 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.
4.7.4 For the passengers who have been denied boarding, voluntarily or involuntarily, Xiamen Airlines will 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 flight and delay time.
Stopover means a deliberate interruption of journey by the passenger, at a point between the place of departure and the place of destination, subject to government requirements and Xiamen Airlines conditions of the relevant fare, which has been agreed to in advance by the carrier.
6.FARES AND CHARGES
6.1 Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination. Fares do not include ground transport service between airports and between airports and city centers.
6.2 Applicable fares are those applicable and in effect at the time the passenger purchases the ticket for travel on the specific date, itinerary and other information shown on the ticket. If the fare is adjusted after the ticket is sold, the fare amount will not change.
6.3 The passenger purchasing a discounted fare ticket shall comply with the provisions of the fare.
6.4 When a child or an infant is accompanied by an adult passenger, a ticket in the same class of service as the ticket of the accompanying adult must be purchased for the child or infant.
6.5 A child is charged an appropriate rate of the adult discounted fare applied to the same flight and will be provided with a seat. The provisions of the relevant fare also apply.
6.6 The passenger purchasing an infant fare ticket will not be provided with a 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, and will be provided with a seat.
6.7 Fares apply only to routings published in connection therewith. If there is more than one routing at the same fare, the passenger may specify the routing prior to issue of the ticket. If no routing is specified, Xiamen Airlines or its authorized agent may determine the routing.
6.8 Any tax or charge imposed by government or other authority, or any charge approved by government or other authority to be imposedby 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.
6.9 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.
6.10 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.
7.1 Reservation requirements
7.1.1 Reservations are not confirmed until recorded as accepted by Xiamen Airlines or its authorized agent. 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 a ticket has been issued with the reservations listed on the corresponding flight coupon by Xiamen Airlines or its authorized agent.
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.
7.2 If a passenger has not paid for the ticket prior to the specified ticketing time limit, Xiamen Airlines may cancel the reservation.
7.3 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.
7.4 Xiamen Airlines may suspend reservations for a certain flight when necessary.
7.5 The passenger gives personal data to Xiamen Airlines for the purposes of making a reservation for carriage and for obtaining ancillary services. For these purposes, the passenger authorizes Xiamen Airlines to retain such data and to transmit it to its own offices, other carriers, the providers of such services, or the institutions approved by laws and regulations.
7.6 Reservation priority
7.6.1 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.
7.6.2 The passengers who experience involuntary changes in itinerary may enjoy reservation priority if there are available seats on the flight.
7.7 Xiamen Airlines provides seats on the flight in the class of service for which the ticket has been issued, but does not guarantee to provide any particular seat requested by the passenger on the aircraft (except for the passengers paying to select seats), and the passenger agrees to accept any seat that may be allotted on the flight in the class of service for which the ticket has been issued. For operational, safety or security reasons, Xiamen Airlines reserves the right to assign or reassign seats at any time, even after boarding of the aircraft. The passengers seated in emergency exit seats shall be designated by Xiamen Airlines.
7.8 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.
7.9 If a passenger purchases a ticket for a code-share flight, Xiamen Airlines and its sales agent shall inform the passenger about the nature, marketing carrier and operating carrier of the flight in reservation and ticket purchase.
8.PURCHASE OF TICKETS
8.1 Passengers may purchase tickets from the direct sales agencies or authorized sales agents of Xiamen Airlines.
8.2 Xiamen Airlines has the right to request a passenger to present his or her valid passport or other travel documents and contact information, but will not bear responsibility for the authenticity and validity of such documents.
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 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. Purchasing a ticket for such a passenger shall be subject to the passenger's proactive notification to Xiamen Airlines and Xiamen Airlines' approval of the relevant evidence provided as required by Xiamen Airlines.
8.5 A child who is over the age of two but under the age of five must be accompanied during travel by an adult passenger who has reached the age of 18 and has full capacity for civil conduct. A child who is over the age of five but under the age of twelve can travel alone without being accompanied by an adult passenger, provided prior consent of Xiamen Airlines is granted, the applicable ticket is purchased and the unaccompanied minor service fee is paid. Every adult passenger is only allowed to take no more than 2 children to travel with him/her. The children exceeding the specified quantity must request for unaccompanied minor service.
8.6 For safety reasons, Xiamen Airlines may limit the number of passengers who request special services on each flight.
8.7 Ticketing sites shall provide such information as flight timetables and notices to passengers.
8.8 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.
9.1 The check-in closing time varies from airport to airport. The passenger shall arrive at the check-in location and boarding gate sufficiently in advance of flight departure to permit completion of any departure procedures. 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.
9.2 If the passenger fails to arrive time at the check-in location or boarding gate, or fails to present a ticket recognized by Xiamen Airlines, or appears improperly documented or 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, it will be processed as a voluntary refund.
9.3 Miss a flight
9.3.1 The passengers who miss a flight as a result of their own actions will be processed in accordance with the regulations of voluntary refunds.
9.3.2 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 a passenger requests a refund, it will be processed in accodance with the regulations of involuntary refunds.
9.4 Take a wrong flight
9.4.1 If a passenger takes a wrong flight and requires terminating trip at the wrong destination, the difference in fares will be neither refunded nor charged based on the actual fare paid.
9.4.2 For the passengers who take a wrong flight due to the actions of Xiamen Airlines, Xiamen Airlines shall arrange for them to fly to the destination specified on the ticket on the earliest subsequent flight, with the difference in fares neither refunded nor charged based on the actual fare paid. If a passenger requests a refund, it will be processed in accordance with the regulations of involuntary refunds.
10.PASSENGERS REFUSED FOR CARRIAGE
10.1 Xiamen Airlines may refuse carriage of any passenger or passenger's baggage, without liability to the passenger for any resultant loss, for reasons of safety or if, in the exercise of its reasonable discretion, Xiamen Airlines determines that:
a) such action is necessary in order to comply with any applicable laws, regulations or orders of any state to be flown from, into or over; 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 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 laws, rules and orders of the countries concerned, or relevant regulations of Xiamen Airlines, or the instructions of Xiamen Airlines staff; or
d) the passenger has refused to submit to a security check for himself/herself or his/her baggage; or
e) 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
f) the passenger does not appear to be properly documented, or the valid identity documents produced by the passenger are different from the valid identity documents used for purchasing the ticket, or the passenger may seek to enter a country through which he or she may be in transit, or the passenger may destroy his or her documents during flight or refuse to surrender his or her travel documents to the flight crew, against receipt, when requested; or
g) the ticket presented by the passenger has been acquired unlawfully or has been purchased from an entity other than the issuing carrier or its authorized agent, 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 agent, or has been mutilated; 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;
i) the passenger has failed to comply with the requirements concerning coupon sequence and use.
j) the passenger requesting special services has failed to meet conditions as required by Xiamen Airlines and obtain prior agreement from Xiamen Airlines.
10.2 Arrangements for passengers who are refused for carriage:
a) As for the passenger who is refused for carriage due to reasons described in Provision 10.1 a), Xiamen Airlines will make a refund in accordance with the regulations of involuntary refunds;
b) As for the passenger who is refused for carriage due to reasons described in Provision 10.1 b), c), d), i) and j), Xiamen Airlines will make a refund in accordance with the regulations of voluntary refunds or voluntary change of date;
c) As for the passenger who is refused for carriage due to reasons described in Provision 10.1 e), Xiamen Airlines will accept for carriage after the passenger paid up the fare and charge difference, or make a refund in accordance with the regulations of voluntary refunds or voluntary change of date;
d) As for the passenger who is refused for carriage due to reasons described in Provision 10.1 g) and h), Xiamen Airlines reserves the right to retain his/her ticket and when necessary, will report to relevant authorities.
11.CARRIAGE OF BAGGAGE
11.1 Items unacceptable as baggage
a) The passenger shall not carry as or pack into baggage, or carry into the cabin as carry-on baggage the following items:
1) Items which do not constitute baggage as defined in Provision 1 hereof;
2) 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;
3) Items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from, into or over;
4) 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;
5) Ordnance, police arms and replicas;
6) Controlled knives;
7) 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.
b) Firearms and ammunition, other than for hunting and sporting purposes, are prohibited from carriage as baggage. Firearms and ammunition for hunting and sporting purposes may be accepted as checked baggage, which are subject to valid Firearms Transport Permit. Firearms must be unloaded with the safety catch on and suitably packed. Carriage of ammunition is subject to ICAO and IATA dangerous goods regulations;
c) If any items have been accepted for carriage by Xiamen Airlines, whether or not they are the items which are prohibited from carriage as baggage as specified in Provision 11.1 a) or b), the carriage thereof shall be subject to the charges, limitations of liability and other provisions of these Conditions applicable to the carriage of baggage.
d) Special dog breeds such as seeing eye dog, hearing dog and search and rescue dog, together with containers, will be carried free of charge in addition to the normal free baggage allowance, and subject to Xiamen Airlines regulations.
11.2 Items restricted from carriage
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 exceed the size of 20×40×55cm, but do not exceed the maximum size of 40×60×140cm and the maximum weight of 72kg shall 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.
11.3 Right to refuse carriage
11.3.1 Xiamen Airlines may refuse carriage as baggage of such items described in Provision 11.1 above which are prohibited from carriage as baggage and may refuse further carriage of any such items on discovery thereof.
11.3.2 Xiamen Airlines may refuse to carry as baggage any item because its packaging, weight, size or character is not suitable for carriage.
11.3.3 Unless advance arrangements for its carriage have been made with Xiamen Airlines, Xiamen Airlines may carry on later flights baggage which is in excess of the applicable free allowance.
11.3.4 Xiamen Airlines may refuse to accept baggage as checked baggage unless it is properly packed in suitcases or other suitable containers to ensure safe carriage with ordinary care in handling.
11.4 Right to search
For reasons of safety and security, Xiamen Airlines or other security authorities may request the passenger to permit a search to be made of his or her person and his or her baggage, for the purpose of determining whether the passenger is in possession of or whether his or her baggage contains any items described in Provision 11.1 a) or any arms or ammunitions which have not been presented to Xiamen Airlines in accordance with Provision 11.1 b). During the search, the passenger shall be present. Xiamen Airlines is not liable for any loss which may arise from the search if the passenger fails to be present for the search. Xiamen Airlines or other security authorities may search or have searched the passenger’s baggage in his or her absence. If the passenger is unwilling to comply with such request, Xiamen Airlines may refuse to carry the passenger or baggage.
11.5 Checked baggage
11.5.1 The passenger shall mark his/her name and destination to the baggage prior to acceptance.
11.5.2 Upon delivery to Xiamen Airlines of baggage to be checked, Xiamen Airlines shall take custody thereof and issue a baggage identification tag for each piece of checked baggage to the passenger.
11.5.3 Xiamen Airlines shall enter the pieces and weight of any checked baggage in the proper column on the Passenger Ticket and Baggage Check.
11.5.4 Checked baggage will be carried on the same aircraft as the passenger as far as possible. If Xiamen Airlines decides that this is impracticable, Xiamen Airlines will carry the checked baggage on the next flight of Xiamen Airlines on which space is available.
11.5.5 For international and regional flights of Xiamen Airlines excluding flights operating to or from the United States, each piece of checked baggage shall not exceed 32 kilograms. For flights operating to or from the United States, each piece of checked baggage shall not exceed 45 kilograms. Combined dimensions (length + width + height) of each piece shall not exceed 300-cm. If a passenger wants to check a piece of baggage beyond 32 kilograms and up to 45 kilograms in weight and beyond 203-cm and up to 300-cm in combined dimensions, he/she shall obtain consent from Xiamen Airlines in advance.
11.6 Carry-on items
Carry-on items must fit under the seat in front of the passenger or in an enclosed storage compartment in the cabin. Each carry-on item shall not exceed 5 kilograms(11 pounds) in weight and 115 centimeters(45 inches) in combined dimensions(length+width+height). Baggage that exceeds the above allowances for weight and dimensions or cannot be stowed in the cabin must be checked.
11.7 Cabin-seat baggage
11.7.1 A baggage tag shall be issued for each piece of cabin-seat baggage.
11.7.2 The passenger shall purchase tickets for his/her cabin-seat baggage according to the number of seats which are actually occupied by the cabin-seat baggage. The passenger may consult the direct sales agencies(including customer service hotline 95557) of Xiamen Airlines about relevant issues and handle the cabin-seat baggage according to Xiamen Airlines regulations.
11.7.3 The cabin-seat baggage shall not exceed 72 kilograms in total weight which a passenger seat can bear and 158 centimeters in combined dimensions(length+width+height).
11.7.4 The cabin-seat baggage shall be placed on a passenger seat and properly secured by a safety belt or other tie-down to eliminate the possibility of shifting under all normally anticipated flight conditions. Its location shall not restrict access to or use of any required emergency or regular exit, or of the aisle in the passenger compartment. Its location shall not obscure any passenger's view of the "seat belt" sign, "no smoking" sign, or required exit sign.
11.7.5 The passenger shall place his/her cabin-seat baggage on the seat that he/she has reserved. Such seat is not entitled to a free baggage allowance.
11.7.6 The passenger shall take custody of his/her cabin-seat baggage while Xiamen Airlines shall have no liability.
11.8 Free baggage allowance
11.8.1 Free baggage allowance based on the piece concept applies to international and regional flights of Xiamen Airlines. Free baggage allowance includes free checked baggage allowance and carry-on item allowance. Each passenger's free baggage allowance is subject to the regulations instantly updated and published by Xiamen Airlines. Refer to Baggage Instructions on Xiamen Airlines Official Website for details.
11.8.2 For through journeys where the passenger travels on combined class service, the free baggage allowance on each portion of travel shall be that applicable to the service for which the fare is paid in accordance with the piece concept.
11.8.3 Where two or more passengers, traveling as one party to a common destination or point of stopover by the same flight, present themselves and their baggage for travel at the same time and place, pooling of baggage will be permitted under either the weight or piece concept.
11.8.4 Where voluntary reroutings are made, a passenger shall be entitled to the free baggage allowance appropriate to the class of service for the rerouted portion. Where involuntary reroutings are made, a passenger shall be entitled to the free baggage allowance applicable to the fare originally paid.
11.8.5 For domestic portions of international journeys, a passenger shall be entitled to the free baggage allowance applicable to international journeys.
11.8.6 The free baggage allowance for the passengers purchasing child fare tickets is the same as adults. In addition to the applicable free baggage allowance, Xiamen Airlines accepts one stroller, one bassinet or one car seat at no additional charge for each infant passenger purchasing an infant fare ticket without occupying a seat. Non-collapsible strollers, bassinets and car seats can only be carried as checked baggage free of charge. The collapsible strollers which meet the requirements for dimensions of unchecked baggage can be carried into the cabin free of charge, but shall be subject to space availability. Xiamen Airlines doed not provide car seats.
11.8.7 The free baggage allowance and excess baggage charges of international and regional flights operated by other airlines on which Xiamen Airlines code is used are subject to Xiamen Airlines regulations.
11.9 Excess baggage
11.9.1 Excess baggage means the baggage to be carried in excess of the free baggage allowance for checked and unchecked baggage.
11.9.2 Xiamen Airlines will provide carriage of excess baggage only to the passenger who has paid the excess baggage charge and for which the excess baggage ticket has been issued.
11.9.3 Refer to Baggage Instructions on Xiamen Airlines Official Website for the rate and calculation method excess baggage charges.
11.10 Excess value declaration and charge
11.10.1 A passenger may declare a value for checked baggage in excess of USD 20 (or its equivalent) per kilogram.
11.10.2 When a declaration of value is made, the excess value charge shall be at the rate of 5‰ of such excess value as described in Provision 11.10.1.
11.10.3 The declared value may not exceed the actual value of the baggage. The maximum baggage declared value is USD 2,500 (or its equivalent). If Xiamen Airlines objects to the declared value but the passenger refuses to allow the baggage to be inspected, Xiamen Airlines reserves the right to refuse to accept the baggage for carriage.
11.10.4 Xiamen Airlines will refuse to accept an excess value declaration on checked baggage when a portion of the carriage is to be provided by another carrier which does not offer an excess valuation facility.
11.11 Collection and delivery of baggage
11.11.1 The passenger shall collect his or her baggage as soon as it is available for collection at places of destination or stopover.
11.11.2 Xiamen Airlines will deliver the baggage check and identification tag to the passenger after the baggage is checked. To verify the passenger's right to the baggage, Xiamen Airlines shall be entitled to request the passenger to exhibit the baggage identification tag. Failure to exhibit the baggage identification tag shall not prevent delivery provided the baggage check is produced and the baggage is identified by other means.
11.11.3 If a person claiming the baggage is unable to produce the baggage check and identify the baggage by means of a baggage identification tag, Xiamen Airlines will deliver the baggage to such person only on condition that he or she establishes to Xiamen Airlines satisfaction his or her right thereto, and if required by Xiamen Airlines, such person shall fill in such application form as prescribed by Xiamen Airlines, furnishing adequate security to indemnify Xiamen Airlines for any loss, damage or expense which may be incurred by Xiamen Airlines as a result of such delivery.
11.11.4 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 300 or equivalent foreign currency||RMB 400 or equivalent foreign currency||RMB 500 or equivalent foreign currency|
Note: If a passenger’s proof of loss is higher than the standards for OPE, he/she will be compensated according to the applicable baggage liability limit.
c) For the destruction, loss or damage of baggage, Xiamen Airlines shall compensate passengers according to the declared value of the checked baggage in cases where value has been declared. If the declared value exceeds the actual value of the baggage, Xiamen Airlines shall compensate or pay the repair costs in accordance with the actual value of the baggage. The passenger shall bear the burden of proof for the actual value of the loss which shall not exceed the compensation limit specified in the applicable international conventions;
d) 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;
e) 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.
11.12 Baggage return
11.12.1 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 charge collected under these circumstances will be refunded.
11.12.2 Passengers may request return of their baggage at stopping places. In this case, any excess baggage charge collected for unused segments of the flight will not be refunded.
11.12.3 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.
11.12.4 The passengers who make involuntary changes in flights due to the reasons caused by Xiamen Airlines will have their baggage appropriately carried accordingly. 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.
12.SCHEDULES, CANCELLATION, DELAY AND CHANGE OF FLIGHTS
12.1.1 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 listed at other places are for reference only; they are not part of the air carriage contract.
12.1.2 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.
12.1.3 The flight times or aircraft types shown in timetables 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.
12.1.4 Before Xiamen Airlines accepts passengers’ booking, Xiamen Airlines will notify passengers of scheduled flight time in effect as of the time, and it will be shown on passengers' paper or electronic tickets. If passengers provide Xiamen Airlines with contact information, Xiamen Airlines will endeavor to notify passengers of any such changes. If, after passengers purchase their tickets, Xiamen Airlines makes a significant change to the scheduled flight time, which is not acceptable to passengers, and Xiamen Airlines cannot provide other alternative flights for passengers, passengers will be entitled to a refund in accordance with the regulations of involuntary refunds.
12.1.5 Under any of the following circumstances, Xiamen Airlines may, without prior notice, change aircraft type, divert, cancel, terminate, postpone, or delay any flight:
a) in order to comply with any applicable laws, regulations or orders of any state to be flown from, into or over; 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.
12.2 Flight irregularities
12.2.1 If due to circumstances caused by Xiamen Airlines, Xiamen Airlines diverts, cancels or delays a flight, is unable to provide previously confirmed space, causes a passenger to miss a connecting flight on which the passenger holds a reservation, or fails to shop at a passenger's stopover or destination point, Xiamen Airlines shall make arrangements according to actual situations, provide resting place, beverages, foods, accommodations or other appropriate services free of charge, and 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.
12.2.2 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.
12.2.3 When a flight is delayed or cancelled at an alternate or stopover airport for any reason, Xiamen Airlines shall provide accommodations for passengers according to actual situations.
12.2.4 Xiamen Airlines undertakes to use its best efforts to avoid delay in carrying passengers and their baggage. Xiamen Airlines is liable for delay unless Xiamen Airlines has taken all necessary measures to avoid delay or it was impossible to take such measures.
12.2.5 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.
12.2.6 Xiamen Airlines can provide flight irregularity proof for passengers if needed. The flight irregularity proof can be obtained from the direct sales agencies of Xiamen Airlines or Xiamen Airlines Official Website.
12.2.7 When a flight is 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 13 of these Conditions.
12.2.8 In the case of onboard delay for more than 2 hours (including 2 hours), Xiamen Airlines shall provide food and drinking water for passengers.
12.2.9 In the case of onboard delay for more than 3 hours (including 3 hours), without definite takeoff time, Xiamen Airlines shall arrange for passengersto disembark the aircraft and wait in the airport terminal under the premise of not violating air safety and security regulations.
12.2.10 The remedy measures listed in this Provision are all the options available for passengers. Unless otherwise provided in the Convention and laws, Xiamen Airlines has no other liability.
12.2.11 In the event of inconsistency between laws, regulations or orders of any state or region at the point of origin, destination or stopping places and these Conditions, the local laws, regulations or orders shall prevail.
13.FINANCIAL COMPENSATION FOR FLIGHT DELAY CAUSED BY REASONS RELEVANT TO XIAMEN AIRLINES
13.1 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.
13.2 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 mileage of Egret Card||Cash compensation|
|≥ 4 hours and < 8 hours||≤2000 points||≤RMB 200|
|≥ 8 hours||≤4000 points||≤RMB 400|
13.3 Compensation method: Passengers can get the cash, points, or claim the compensation by alternative means agreed by passengers.
13.4 In the event of inconsistency between the compensation standards stipulated by laws, regulations or orders of any state or region at the point of origin, destination or stopping places and these Conditions, the local compensation standards shall prevail.
14.1 Involuntary change
14.1.1 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) Arrange an available seat on the earliest subsequent flight of Xiamen Airlines after getting consent from the passenger, or extend the validity of 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 or another carrier, or via ground transportation.
d) Refund the passenger any overcharge in ticket fare, excess baggage charges and other costs arising from measures a), b) and c) but do not require the passenger to pay for any short falls.
14.1.2 After changing the ticket and confirming the new flight information, if the passenger requests a change or a refund for his/her ticket due to his/her own reasons, it will be processed in accordance with the regulations of voluntary change or voluntary refunds.
14.2 Voluntary change
14.2.1 Voluntary change of class of service
If a passenger, after purchasing a ticket, voluntarily requests a change in the class of service, Xiamen Airlines and its authorized sales agents shall process the request subject to the applicable conditions of the relevant fare, when the availability of seats and the time are permitted. If the passenger is voluntarily downgraded to a lesser class of service, the passenger may get a voluntary refund and then purchase a new ticket.
14.2.2 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 change may be made according to the applicable conditions of the relevant fare.
14.3 Change in the carrier and endorsement
14.3.1 If a passenger changes the carrier involuntarily, Xiamen Airlines shall deal with the passenger in accordance with the regulations specified in Provision 14.1.1 b).
14.3.2 If a passenger requests a voluntary change in the carrier, Xiamen Airlines or its authorized sales agent may endorse his or her ticket to the new carrier if all of the following conditions are met:
a) The 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 accepting the endorsement and Xiamen Airlines; and
d) The carrier accepting the endorsement agrees to the carriage and there are available seats in the same class of service on the flight.
14.3.3 In the case of a passenger who doesn't meet the conditions described in Provision 14.3.2 but requests a change in the carrier, Xiamen Airlines shall deal with such passenger in accordance with the regulations specified in "Voluntary refunds" of these Conditions.
15.1.1 On failure by Xiamen Airlines to provide carriage in accordance with the contract of carriage, or where a passenger requests a voluntary change of his or her arrangements, a refund for an unused ticket or portion thereof shall be made by Xiamen Airlines in accordance with this Provision and Xiamen Airlines regulations.
15.1.2 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 and surrender of all unused flight coupons. For electronic tickets, refunds will only be made on condition that the ticket is OPEN FOR USE, and the passenger presents the proof of payment and the e-ticket itinerary receipt(if the passenger has printed the e-ticket itinerary receipt).
15.2 Person to whom refund will be made
15.2.1 Except as hereinafter provided in this Provision, Xiamen Airlines shall be entitled to make a refund either to the person named in the ticket, or to the person who has paid for the ticket upon presentation of satisfactory proof.
15.2.2 If a ticket has been paid for by a person other than the passenger named in the ticket, and Xiamen Airlines has indicated on the ticket that there is a restriction on refund, Xiamen Airlines shall make a refund only to the person paying for the ticket or to that person's order.
15.2.3 The passenger or the person who has paid for the ticket shall present his or her valid ID document when requesting a refund; if the person requesting a refund is not the passenger named on the ticket or the person who has paid for the ticket, the person shall present a valid ID document for the passenger or the person who has paid for the ticket and a refund authorization letter, along with his or her own valid ID document.
15.2.4 A refund made to anyone presenting the passenger coupon or passenger receipt and all unused flight coupons and holding himself or herself out as a person to whom refund may be made in terms of Provision 15.2.1, 15.2.2 or 15.2.3 shall be deemed a proper refund to such person and shall discharge Xiamen Airlines from liability and any further claim for refund.
15.3 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 or tax is available beyond 30 days after the expiry of the validity period.
15.4 Place of refunds
15.4.1 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, or at the point of origin, destination or stopping places.
15.4.2 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 the authorized sales agents of Xiamen Airlines.
15.4.3 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.
15.5 Involuntary refunds
Due to flight departure delay, cancellation or change, when 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, if the passenger requests a refund, Xiamen Airlines shall adopt the following measures by considering the reasonable needs of the passenger:
15.5.1 If no portion of the ticket has been used, refund an amount equal to the fare paid (including taxes) without cancellation fees;
15.5.2 If a portion of the ticket has been used, refund an amount equal to the difference between the fare paid and the discounted fare for individual/group passengers or the published fare for the transportation used and the used taxes, but in no instance can the amount of the refund exceed the amount paid for the original fare; in addition, no cancellation fees will be charged.
15.5.3 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.
15.5.4 If a passenger is prevented from traveling within the period of validity of the ticket by reason of illness, he/she shall inform Xiamen Airlines, cancel reservations and present a medical certificate issued by a medical institution approved by Xiamen Airlines, no later than the specified takeoff time of the flight, so that Xiamen Airlines may change the tickets of the passenger and his/her companion(s) (not more than 2 persons) for free once at the same time (no change fees are charged, but a shortfall shall be paid if any) or process the tickets as an involuntary refund.
15.5.5 In the event of death of a passenger or his/her immediate family member before the commencement of travel or during travel, the passenger shall provide a death certificate or a kinship certificate required by Xiamen Airlines, so that Xiamen Airlines may change the passenger’s ticket once (no change fees are charged) or process the passenger’s ticket as an involuntary refund.
15.6 Voluntary refunds
Voluntary refunds refer to a refund made to a passenger for reasons other than those set out in Provision 15.5. The amount of the refund shall be:
15.6.1 If no portion of the ticket has been used, an amount equal to the fare paid, less any applicable charges stipulated by Xiamen Airlines;
15.6.2 If a portion of the ticket has been used, any refund will be an amount equal to the difference between the fare paid and the discounted or published fare applicable for travel between the points for which the ticket has been used and relevant taxes, less cancellation fees and no-show charges (if any).
15.6.3 The refund requested by a passenger holding a ticket at discounted fare shall be processed in accordance with relevant regulations if the discounted fare imposes special restrictions on refund.
15.7 If a passenger requests a refund for a lost ticket, Xiamen Airlines may process the refund in accordance with its regulations.
15.7.1 If a ticket or portion thereof is lost, the passenger must request a refund within 30 days after the expiry of the validity of the ticket. Xiamen Airlines agrees to make the refund on condition that the passenger provides proof of loss satisfactory to Xiamen Airlines, completes “REFUND APPLICATION LETTER” prescribed by Xiamen Airlines, and declares 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.
15.7.2 Refund on lost ticket shall be made in accordance with the regulations specified in Provision 15.6 "Voluntary refunds".
15.8 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 or tickets when requesting the refund;
c) Xiamen Airlines may refuse refund on a ticket which has been presented to Xiamen Airlines or to government officials, as evidence of intention to depart from that country, unless the passenger establishes to satisfaction of Xiamen Airlines that he or she has permission to remain in the country or that he or she will depart from that country by another carrier or another means of transport;
d) 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;
e) The ticket is indicated with a “non-refundable” restriction.
15.9 All refunds will be made subject to government laws, rules and regulations or orders of the country in which the ticket was originally purchased and of the country in which the refund is being made. Subject to the foregoing provision, refunds will normally be made in the currency in which the ticket was paid for, but may be made in another currency in accordance with Xiamen Airlines regulations.
15.10 Unless otherwise specified, children and infants paying children fare shall be charged cancellation fees the same as adults, and infants not occupying passenger seats are exempt from cancellation fees.
15.11 If the passenger terminates his or her travel voluntarily at a specified stopping place, no refund is available for unused segments of his or her flight.
15.12 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 15.3.
16. INTERNATIONAL PASSENGER SERVICE
16.1 Unless otherwise stipulated herein, Xiamen Airlines shall provide on-board meals but will not provide such services beyond the specified variety and quantity.
16.2 If in the course of concluding the contract of carriage by air, Xiamen Airlines also agrees to make arrangements for the provision of additional services, Xiamen Airlines shall have no liability to the passenger except for negligence on its part in making such arrangements.
16.3 Unless otherwise stipulated herein, Xiamen Airlines shall not be liable for the 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.
16.4 Ground accommodations between connections of interline flights shall be at the passengers' own expense.
17.CONDUCT ABOARD 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 unruly passenger behaviors onboard the aircraft
Unruly passenger behaviors onboard the aircraft include acts possibly threatening air safety and disruptive behaviors.
17.2.1 Acts which might threaten air safety include but are not limited to:
a) Jokingly claiming to hijack or bomb the aircraft;
b) Attempting to break into the cockpit without permission;
c) Violating regulations and disregarding crew advice;
d) Smoking in the lavatory;
e) Assaulting crew members, or threatening or hurting other passengers;
f) Giving false emergency information intentionally which might pose a threat to air safety;
g) Using electronic equipment beyond the scope specified by safety regulations without permission of Xiamen Airlines;
h) Stealing or intentionally damaging lifesaving equipment;
i) Opening onboard lifesaving equipment without permission;
j) Other acts which might threaten air safety.
17.2.2 Disruptive behaviors include but are not limited to:
a) Picking quarrels and making troubles, and beating passengers;
b) Making trouble after getting drunk;
c) Sexual harassment;
d) Damaging public facilities;
e) Stealing and robbing;
f) Smoking in the non-smoking area;
g) Forcing an entry into the airport;
h) Forcibly boarding and occupying an aircraft;
i) Other acts which might interrupt normal operations of an aircraft.
17.2.3 According to laws and civil aviation regulations of the countries concerned, if an unruly passenger incident occurring in the cabin violates the law, Xiamen Airlines shall hand the incident 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 PED 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.). To ensure 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 throughout 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.
17.5Alcoholic 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. ADMINISTRATIVE FORMALITIES
18.1 The passenger shall be solely responsible for complying with all laws, regulations, orders, demands and travel requirements of countries/regions to be flown from, into or over, and with Xiamen Airlines regulations and instructions. Xiamen Airlines shall not be liable for any aid or information given by any agent or employee of Xiamen Airlines to any passenger in connection with obtaining necessary documents or visas or complying with such laws, regulations, orders, demands, and requirements, whether given in writing or otherwise; Xiamen Airlines shall not be liable for the consequences to any passenger resulting from his failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
18.2 The passenger shall present all exit, entry, health and other necessary documents required by laws, regulations, orders, demands or requirements of the countries concerned, and allow Xiamen Airlines to hold and keep the copy of above documents; when necessary, allow Xiamen Airlines to record the information contained therein. Xiamen Airlines reserves the right to refuse carriage of any passenger who has not complied with the regulations or requirements mentioned above, or whose documents do not appear to be in order, or who does not allow Xiamen Airlines to hold or keep the copy of his documents.
18.3 The passenger shall agree to pay the applicable fare whenever Xiamen Airlines, on government order, is required to return a passenger to his point of origin or elsewhere, owing to the passenger's inadmissibility into a country, whether of transit or of destination. Xiamen Airlines may apply to the payment of such fare any funds paid to Xiamen Airlines for unused carriage, or any funds of the passenger in the possession of Xiamen Airlines. The fare collected for carriage to the point of refusal of entry or deportation will not be refunded by Xiamen Airlines.
18.4 If Xiamen Airlines is required to pay or deposit any fine or penalty or to incur any expenditure by reason of the passenger's failure to comply with laws, regulations, orders, demands and travel requirements of the countries concerned or to produce the required documents, the passenger shall on demand reimburse to Xiamen Airlines any amount so paid or deposited and any expenditure so incurred. Xiamen Airlines may use towards such expenditure any funds paid to Xiamen Airlines for unused carriage, or any funds of the passenger in the possession of Xiamen Airlines.
18.5 If required, by customs or other government officials, the passenger shall attend inspection of his or her 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.
18.6 The passenger shall comply with all provisions of laws, government regulations, orders, demands and travel requirements of the countries concerned during the carriage, and submit to any security checks by government or airport departments or by Xiamen Airlines.
19. SUCCESSIVE CARRIAGE
Carriage to be performed by Xiamen Airlines and other carriers under one ticket, or under a ticket and any conjunction ticket issued in connection therewith, is regarded as a single operation.
20. LIABILITY FOR DAMAGE
20.1 As defined in the Montreal Convention, international carriage to which the Convention applies is subject to the rules relating to liability established by the Montreal Convention. For international carriage other than those as defined in the Montreal Convention, Xiamen Airlines shall assume the liability for any damage to passengers and baggage caused by the carriage in accordance with relevant rules of the Warsaw Convention.
20.2 In carriage which is not international carriage to which the Convention applies:
a) Xiamen Airlines shall be liable for damage to a passenger or his checked baggage only if such damage was caused by acts or omissions of Xiamen Airlines, done with intent to cause damage or recklessly and with knowledge that damage would probably result. If the damage was caused or contributed to by the negligence of the passenger, Xiamen Airlines shall be wholly or partly exonerated from its liability for damage in accordance with applicable laws and regulations;
b) Except in the case of acts or omissions of Xiamen Airlines, done with intent to cause damage or recklessly and with knowledge that damage would probably result, the liability of Xiamen Airlines with respect to each passenger for death, wounding or other bodily injury is subject to the applicable law and its specified limit of liability.
20.3 To the extent not in conflict with the foregoing and whether or not the Convention applies:
a) Xiamen Airlines is liable only for damage occurring on its own line. Xiamen Airlines issuing a ticket or checking baggage over the lines of another carrier (including code-share flights of which the operating carrier is not Xiamen Airlines) does so only as agent for such other carrier. Nevertheless, with respect to checked baggage the passenger shall also have a right of action against the first or last carrier. In the event of change, delay, cancellation, overbooking of the flight, damage or loss of the baggage, personal injury and other situations on the flight that is not conducted by Xiamen Airlines (including code-share flights of which the operating carrier is not Xiamen Airlines), the operating carrier shall be liable for the compensation and Xiamen Airlines may assist in contacting the operating carrier;
b) Xiamen Airlines is not liable for any damage arising from its compliance with any laws or government regulations, orders or requirements, or from failure of the passenger to comply with the same;
c) If the weight of the baggage is not recorded on the baggage check, it is presumed that the total weight of the checked baggage does not exceed the applicable free baggage allowance for the class of service concerned. If a higher value is declared for the checked baggage, the liability of Xiamen Airlines shall be limited to such higher declared value;
d) The liability of Xiamen Airlines shall not exceed the amount of proven damages. Xiamen Airlines shall furthermore not be liable for indirect or consequential damages;
e) Xiamen Airlines is not liable for any destruction, loss or damage to baggage caused solely by inherent defect, quality or vice of the baggage;
f) Xiamen Airlines is not liable for damage to fragile or perishable items, money, jewelry, precious metals, gold/silver ware, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples, which are included in the passenger’s checked baggage. Xiamen Airlines only assumes the liability for the compensation amount which is the same as that of general checked baggage;
g) If a passenger is carried whose age or mental or physical condition is such as to involve any hazard or risk to himself or herself, Xiamen Airlines shall not be liable for any illness, injury, death or disability, attributable to such condition or for the aggravation of such condition;
h) Any exclusion or limitation of liability of Xiamen Airlines shall apply to and be for the benefit of 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;
i) Xiamen Airlines is not liable for injury to a passenger or for damage to a passenger’s baggage caused by property contained in such passenger’s baggage. Any passenger whose property causes injury to another person or damage to another person’s 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;
j) Unless so expressly provided nothing herein contained shall waive any exclusion or limitation of liability of Xiamen Airlines under the Convention or applicable laws.
21. TIME LIMITATION ON CLAIMS AND ACTIONS
21.1 Acceptance of baggage by the bearer of the baggage check without complaint at the time of delivery is prima facie evidence that the baggage has been delivered in good condition and in accordance with the contract of carriage, unless the passenger proves otherwise.
21.2 In the case of damage to checked baggage, the person entitled to delivery must complain in writing to Xiamen Airlines forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt; and in the case of delay of checked baggage, the complaint must be made in writing at the latest within twenty-one days from the date on which the baggage has been placed at his/her disposal.
21.3 If Xiamen Airlines admits the loss of the checked baggage, or if the checked baggage has not arrived at the expiration of twenty-one days after the date on which it ought to have arrived, the passenger is entitled to enforce against Xiamen Airlines the rights which flow from the contract of carriage.
21.4 Any right to damages shall be extinguished if an action is not brought within 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.
22. EFFECTIVENESS AND MODIFICATIONS
22.1 These Conditions shall become effective as of the date on March 28, 2021, and supersede the previous Xiamen Airlines General Conditions of Carriage for International Passengers and Baggage.
22.2 Xiamen Airlines has the right to modify its Conditions of Carriage, regulations, fares, and charges in accordance with the procedures of the Civil Aviation Administration of China without notice. However, no such modification shall apply to the carriage which took place prior to the modification.
22.3 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.