アモイ航空の旅客・手荷物に関する国内運送規定

1.DEFINITIONS

In Xiamen Airlines General Conditions of Carriage for Domestic Passengers and Baggage (hereinafter referred to as Conditions), except where the context otherwise requires or where it is otherwise expressly provided, the following expressions have the meanings respectively assigned to them, that is to say:

1.1   “DOMESTIC CARRIAGE” means carriage in which according to the contract of carriage, the place of departure, the place of destination and agreed stopping place(s) are situated in the People’s Republic of China.

1.2   “MF” is the abbreviation of Xiamen Airlines. (English name: XIAMEN AIRLINES, IATA membership code: MF, ICAO specified code: CXA, IATA Settlement Code: 731, Address: No. 22, Dailiao Road, Xiamen, Website: www.xiamenair.com.cn; www.xiamenair.cn).

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   “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/or baggage and shall include applicable tariffs and conditions in force.

1.5   “OTHER CARRIER REGULATIONS” means rules, other than the General Conditions of Carriage, made and published by other carriers and in effect on date of ticket issue, governing carriage of passengers and/or baggage and shall include applicable tariffs and conditions in force.

1.6   'SALES AGENT' means an enterprise engaged in sales agency for civil air transportation.

1.7   “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.

1.8   “GROUND SERVICES AGENT” refers to an enterprise engaged in ground services agency for civil air transportation.

1.9   “AUTHORIZED GROUND SERVICES AGENT” means a ground services agent authorized by Xiamen Airlines to provide ground services for Xiamen Airlines flights.

1.10 “PASSENGER” means any person, except members of the crew, carried or to be carried in an aircraft with the consent of carrier.

1.11 'GROUP PASSENGERS' refers to passengers of a group, unless otherwise specified, consisting of 10 people or more who fly on the same segment, date, flight and class of service and pay the same group fare. The passenger who pays the infant, children or other special fare shall not be counted as one member of the group.

1.12 '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 passenger when purchasing the ticket at the ticket counter.

1.18 'VALID ID' means the document that must be presented by a passenger when purchasing a ticket and taking a flight in order to prove his or her identity as required by competent government departments. Valid IDs include: resident identity card, valid passport, military officer’s identity card, police officer’s identity card, soldier’s identity card, certificate of a civilian cadre or a retired cadre, student card for a minor under the age of 16, birth certificate for a child/infant under the age of 12, household register, and other documents that can be used according to relevant provisions.

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/carriers 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” and indicates the two particular places between which a passenger is entitled to be carried. (Only applicable to paper tickets)

1.26 “PASSENGER COUPON” means that portion of the ticket issued by or on behalf of the carrier, which is so marked and which ultimately is to be retained by the passenger. (Only applicable to paper tickets)

1.27 'FULL FARE' means the highest fare established for First Class, Business Class and Economy Class that is applicable within a given period.

1.28 'DISCOUNTED FARE' means other fares other than the full fare.

1.29 'FREE CARRIAGE' means Xiamen Airlines carries certain passengers and baggage by aircraft and free of charge within China, including but not limited to free carriage provided by Xiamen Airlines for benefits, marketing, private or business travel for employees, and frequent flyer rewards.

1.30 '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.

1.31 '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.

1.32 'TAKE A WRONG FLIGHT' means the passenger takes a flight that is not listed on his or her ticket.

1.33 “BAGGAGE” means such articles, effects and other personal property of a passenger as are necessary or appropriate for wear, use, comfort or convenience in connection with the trip. Unless otherwise specified, it includes both checked baggage and carry-on items of the passenger.

1.34 “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.

1.35 'CARRY-ON ITEM' refers to belongings which are approved by Xiamen Airlines and carried and taken care of by the passenger himself, of which the type, quantity, weight and size have been regulated by Xiamen Airlines.

1.36 “BAGGAGE IDENTIFICATION TAG” means a document issued to the passenger by Xiamen Airlines solely for identification of checked baggage.

1.37 'EXCESS BAGGAGE TICKET' means a credential issued by Xiamen Airlines for charging excess baggage fees.

1.38 'DEPARTURE TIME' means the takeoff time listed on a ticket.

1.39 “STOPPING PLACES” means those places, except the place of departure and the place of destination, scheduled as stopping places on the passenger's route.

1.40 “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.

1.41 “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.

1.42 “FLIGHT DELAY” refers to the situation that the actual in-block time of a flight is more than 15 minutes later than the estimated arrival time.

1.43 “FLIGHT DEPARTURE DELAY” refers to the situation that the actual off-block time of a flight is more than 15 minutes later than the estimated departure time.

1.44 “FLIGHT CANCELLATION” refers to the situation that the flight plan is terminated because the flight is estimated to be delayed or the flight is already delayed.

1.45 “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.


2.APPLICABILITY

2.1   Except for domestic routes under special management, these Conditions apply to all domestic carriage by air of passengers and baggage, performed by Xiamen Airlines for reward.

2.2   These Conditions also apply to gratuitous and reduced fare carriage except to the extent that Xiamen Airlines has provided otherwise in its regulations or in the relevant contracts, passes or tickets.

2.3   If carriage is performed pursuant to a charter agreement, these Conditions apply only to the extent they are incorporated by reference by the terms of the charter agreement and the charter ticket.

2.4   Regarding code-share flights, these Conditions apply to carriage of which Xiamen Airlines is the contracting carrier, unless otherwise agreed.

2.5  Except as provided herein, these Conditions also apply to electronic tickets.

2.6   To the extent that any provision contained or referred to herein is contrary to anything contained in any applicable national laws and administrative regulations, such provision shall not apply. The invalidity of any provision shall not affect the validity of any other provision of these Conditions.

2.7   Except as provided herein, in the event of inconsistency between these Conditions and Xiamen Airlines regulations, these Conditions shall prevail.


3.SCHEDULES AND FLIGHTS

3.1   Schedules

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.

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, servants or agents of Xiamen Airlines as to the dates or times of departure or arrival or as to the operation of any flight.

3.2   Cancellations and changes to flights

When circumstances so require, 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 national laws, rules or governmental regulations and other normative directives; or

b)  in order to assure safe operation of a flight; or

      c) as a result of circumstances beyond the control and prediction of Xiamen Airlines.


4.TICKETS

4.1    General

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 sales 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 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.

4.1.4   A ticket is invalid and non-refundable if it has been tampered with.

4.1.5   Period of validity

a)  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 has been used, from the date of issue thereof;

b)  Unless otherwise agreed, the calculation of the validity of a ticket begins from midnight on the date of commencement of travel or the date of issue, until midnight on the date of expiration.


4.2    Use of tickets:

4.2.1   The passenger must present a valid ID and a valid ticket when asking for boarding. The passenger who presents an incomplete ticket or a ticket changed or altered by anyone other than Xiamen Airlines or its authorized sales agents has no right to ask for boarding.

4.2.2   Class of service must be specified on each flight coupon, which can be used to check in only after confirming a reservation on the corresponding flight and date. Xiamen Airlines may elect to assign seats to passengers holding flight coupons without reservations based on applicable fares and the availability of seats on the flight.

4.2.3   Passengers shall complete all flight segments listed on the ticket within the period of validity.

4.2.4   Passengers shall travel according to the sequence of segments listed on the ticket, and shall not terminate the trip after entering the cabin or at stopping places without the approval of Xiamen Airlines, otherwise the ticket cannot be refunded.

4.2.5   The flight coupons for domestic segments contained in an interline ticket may be used directly, without being reissued as a domestic ticket.

4.2.6   Domestic air tickets purchased by passengers outside ofChinaand issued as an international ticket can be used only after being reissued as a domestic ticket inChina.

4.2.7   A scheduled ticket is only applicable to the carrier, flight date, flight number and class listed on the ticket; an open ticket may be used only after a seat has been successfully confirmed.


4.3    Extension of validity

If a passenger is prevented from traveling within the period of validity of the ticket because Xiamen Airlines:

a)   cancels the flight on which the passenger holds a reservation; or

b)  omits a scheduled stop, being the passenger’s place of departure, place of destination or a stopover; or

c)   fails to operate a flight reasonably according to the original schedule; or

d)  causes the passenger to miss a connection with the flight on which he holds a reservation; or

e)  is unable to provide previously confirmed space; or

f)  substitutes a different  class of service;

the validity of such passenger's ticket will be extended until Xiamen Airlines first flight on which space is available in the class of service for which the fare has been paid.


4.4    Ticket loss or damage

The following provisions apply only to paper tickets.

4.4.1 Report of loss:

a)   In case of loss or mutilation of a ticket or its passenger coupon and all unused flight coupons, or any part thereof, the passenger shall make a loss report to Xiamen Airlines in writing;

b)  The passenger is required to produce his or her valid identity document when reporting the loss of a ticket; if the applicant is not the passenger, he or she is required to produce his or her own valid ID together with the ID of the person who lost his or her ticket. Other required information includes the original purchase date of the ticket, the name and location of the ticket office, and the flight information listed on the ticket;

c)   Xiamen Airlines is not liable for tickets that have been fraudulently used or refunded in full or in part before the passenger reports the ticket as lost.

4.4.2 Replacing a ticket

a)   If a passenger applies for replacement of a lost scheduled ticket, he or she must provide information and evidence as specified in sub-paragraph b) of paragraph 4.4.1 of these Conditions at least 1 hour before the scheduled departure time of his or her flight. After verifying the information and evidence, Xiamen Airlines may reissue a new scheduled flight ticket under the following conditions:

1) The passenger shall complete Xiamen Airlines Lost Document Replacement/Refund Application Letter;

2) The passenger shall declare that he or she agrees to indemnify Xiamen Airlines for all possible resulting losses, including the possibility that the ticket has been or will be in the future fraudulently used or presented for a refund by others and the necessary costs of litigation.

b)  Open tickets cannot be replaced;

   c)   Xiamen Airlines has the right not to reissue a replacement ticket for a lost ticket that has not been verified. Passengers who must continue their travel prior to receiving verification must purchase a new ticket; Xiamen Airlines does not guarantee that the newly purchased ticket will have the same fare and travel class as the original ticket;

d)  The replaced ticket cannot be refunded or changed.

4.4.3 Refunds:

   a)   After an open ticket is reported lost, it may be refunded within 30 days after the expiration of validity period at the direct sales agency of Xiamen Airlines where the loss report was accepted if it can be verified that it has not been fraudulently used or refunded;

        b) After being reported lost, a scheduled ticket may be refunded according to sub-paragraph a) of this paragraph.


5.FARES AND TAXES

5.1   Fares

5.1.1 Passenger fares mean the air transport prices for carriage from the airport of departure to the airport of destination. Fares do not include ground transport service between airports and between airports and city centers.

5.1.2 The price of a ticket is the applicable fare on the day when the passenger begins check-in. If the fare is adjusted after the ticket is sold, the fare amount will not change.

5.1.3 The passenger purchasing a discounted fare ticket shall comply with the provisions of the fare.


5.2   Fares for disabled or wounded veterans, disabled people's policemen injured in the line of duty, children and infants

5.2.1 Disabled or wounded veterans and disabled people's policemen injured in the line of duty are charged 50% of the full adult fare applied to the same flight if they present their Certificate for Disabled or Wounded Veterans of the People's Republic of China or Pension Certificate for Disabled or Wounded People's Policemen of the People's Republic of China.

5.2.2 A child is charged 50% of the full adult fare applied to the same flight. Xiamen Airlines will provide a certain number of seats for children based on the availability of seats on the flight.

5.2.3 An infant is charged 10% of the full adult fare applied to the same flight and will not be provided with a separate seat. Passengers who require a separate seat for their infants must purchase a child fare ticket. Passengers traveling with more than one infant must purchase a child fare ticket for the second infant.


5.3   Fare amount

5.3.1 The passenger shall pay his or her fare in currency using payment methods regulated by the State, and all fares must be pre-paid prior to travel, unless other arrangements have been agreed upon between Xiamen Airlines and the passenger.

5.3.2 When the amount that has been collected is not the applicable fare or there has been a mathematical error, the difference shall be paid by the passenger, or, as the case may be, refunded by Xiamen Airlines.

5.3.3 The ticket fare uses RMB 10 (Yuan) as its unit of account; all other fees received or paid by Xiamen Airlines use RMB 1 (Yuan) as the unit of account. Fares will be rounded to the nearest 10 Yuan and fees will be rounded to the nearest 1 Yuan.


5.4   Taxes (regardless of type)

Any tax or charge imposed by government or other authority, or any charge approved by government or other authority to be imposed by the operator of an airport or the carrier, in respect to passengers, will not be included in the ticket fare and shall be directly payable by the passengers.

6.RESERVATIONS

6.1    Reservation requirements

6.1.1 Reservations will not be valid until the fare has been paid in accordance with the procedures and time limits set forth by Xiamen Airlines and the payment has been verified by Xiamen Airlines or its authorized sales agent. Reservations are not confirmed until recorded as accepted by Xiamen Airlines or its authorized sales agent.

6.1.2 In accordance with Xiamen Airlines regulations, some discounted fares are subject to limitations or exclude the passenger’s right to change, endorse, refund or cancel the reservation.


6.2    Time limit for purchasing a ticket

Passengers who have reserved seats should make their purchase within the ticketing time limit as advised or agreed by Xiamen Airlines; otherwise their reservations will be canceled.


6.3    Personal information

The passenger recognizes that correct and complete personal information (e.g. valid identity information, address, phone number, and etc.) must be given to Xiamen Airlines for the purpose of making a reservation for carriage and for obtaining ancillary services. For these purposes, the passenger authorizes Xiamen Airlines to retain such information and to transmit it to its own office, other carriers or the providers of such services.


6.4    Reservation priority

6.4.1 Important passengers, emergency public service personnel, disaster relief personnel, and passengers who have booked multi-segment with Xiamen Airlines or booked priority class seats are given reservation priority.

6.4.2 Passengers who experience involuntary changes in itinerary may enjoy reservation priority if there are available seats on the flight.


6.5    Seating arrangements on the aircraft

Xiamen Airlines provides seats on the flight in the class of service for which the ticket has been issued, and does not guarantee to provide any particular seat requested by the passenger on the aircraft (except for the passengers paying to select seats).


6.6    Cancellation of seats

If a passenger fails to occupy the space that has been reserved for him on a flight without any notice, Xiamen Airlines shall be entitled to cancel any original, onward or return reservations that Xiamen Airlines has made or procured for the passenger.


7.PURCHASE OF TICKETS

7.1    Passengers may purchase tickets from the direct sales agency or authorized sales agents of Xiamen Airlines.

7.2    Passengers must provide a valid ID or other valid identity documents issued by a public security organ and fill out Passenger Reservation Form when purchasing tickets at the ticket counter.

7.3    Passengers shall provide a valid proof of birth date of a child or infant when purchasing a child fare or infant fare ticket.

7.4    Purchasing a ticket for a passenger to whom carriage (services) is limited is subject to Xiamen Airlines’ approval of the relevant evidence provided as required by Xiamen Airlines.

7.5  Ticketing sites should provide such information as flight schedule timetable and notices to passengers.


8.LIMITATION OF CARRIAGE (SERVICES) AND REFUSAL OF CARRIAGE

8.1    Limitation of carriage (services)

8.1.1 Scope of limited carriage (services): Acceptance for carriage of special passengers whom need to be taken special care of during a flight due to their physical or mental condition, or who may be carried only under certain conditions, e.g. unaccompanied minors, infants, infants applying for use of bassinets, sick passengers, disabled passengers, passengers carrying donated human organs, pregnant women, criminal suspects or prisoners, is subject to prior arrangement with Xiamen Airlines and relevant carriers in accordance with Xiamen Airlines’ and relevant carriers’ regulations.

8.1.2 Number of passengers to whom carriage (services) is limited: For security reasons, Xiamen Airlines may limit the number of passengers to whom carriage (services) is limited on each flight.


8.2    Refusal of carriage

Xiamen Airlines may refuse carriage of any passenger or passenger's baggage for reasons of safety or if, in the exercise of its reasonable discretion, Xiamen Airlines determines that:

a)      such action is necessary for Xiamen Airlines to comply with any applicable national laws, rules, governmental regulations or other normative documents; or

b)      the conduct, age or mental or physical state of the passenger is deemed unfit for air transportation, or is such as to cause discomfort or make himself or herself objectionable to other passengers, or involve any hazard or risk to himself or herself or to other persons or to property; or

c)      such action is necessary because the passenger has failed to observe any applicable national laws, rules, governmental regulations or other normative documents, or the instructions of Xiamen Airlines; or

d)      the passenger has refused to submit to a security check; or

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 has failed to produce valid travel documents as required by national laws, rules, government regulations and other normative documents; or

g)      the person presenting the ticket cannot prove that he or she is the person named in the ''Name of Passenger'' box of the ticket; or

h)      the ticket presented by the passenger has been acquired unlawfully or has been purchased from an entity other than Xiamen Airlines or its authorized sales 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 sales agent or has been mutilated.


8.3    Arrangements for passengers refused for carriage

As for passengers refused for carriage, Xiamen Airlines will proceed according to the following provisions:

a)      Passengers refused for carriage due to reasons described in sub-paragraph a) of paragraph 8.2, may apply to Xiamen Airlines for a refund in accordance with the regulations specified in paragraph 10.5 “Involuntary refunds”;

b)      Passengers refused for carriage for reasons described in sub-paragraph b), c) and d) of paragraph 8.2, may apply to Xiamen Airlines for a refund in accordance with regulations specified in paragraph 10.6 “Voluntary refunds”;

c)      Passengers refused for carriage for reasons described in sub-paragraph e) of paragraph 8.2, may request carriage from Xiamen Airlines, in accordance with regulations specified in paragraph 5.3.2, after the passenger pays the fare and any charge difference, or Xiamen Airlines may make a refund in accordance with regulations specified in paragraph 10.6 “Voluntary refunds”;

d)      Passengers refused for carriage for reasons described in sub-paragraph f) of paragraph 8.2, will be processed in accordance with regulations specified in paragraph 9.3 “Voluntary change of flight and/or date” or paragraph 12.3 “No show”;

       e)    Passengers refused for carriage for reasons described in sub-paragraph g) and h) of paragraph 8.2, may have their tickets confiscated by Xiamen Airlines and if necessary, their actions will be reported to the competent departments.


9.TICKET CHANGES

9.1    Involuntary change

If a passenger has to change a ticket due to one of the reasons described in paragraph 4.3 of these Conditions, Xiamen Airlines shall proceed in accordance with regulations specified in sub-paragraphs a), b), and c) of paragraph 14.2.1 when there are still seats available on the flight.

9.2    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 may make such changes, according to Xiamen Airlines' applicable conditions of carriage, subject to the availability of seats and sufficient time for processing the request prior to the scheduled flight.

9.3    Voluntary change of flight and/or date

If a passenger after purchasing a ticket voluntarily requests a change in the flight and/or date on the ticket, he or she shall make such request within the period of validity of the ticket, and such changes may be made according to Xiamen Airlines' applicable conditions of carriage.

9.4    Change in the carrier and endorsement

9.4.1 If the passenger changes the carrier involuntarily, Xiamen Airlines shall proceed in accordance with the regulations specified in sub-paragraph b) of paragraph 14.2.1.

9.4.2 If the 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.

9.4.3  In the case of a passenger who doesn't meet the conditions described in paragraph 9.4.2 but requests a change in the carrier, Xiamen Airlines shall deal with such passenger in accordance with the regulations specified in paragraph 10.6 of these Conditions, “Voluntary refunds”.


10.REFUNDS

10.1   General

10.1.1 On failure by Xiamen Airlines to provide carriage in accordance with the contract of carriage, or where a passenger requests a voluntary change in his or her arrangements, a refund for an unused Xiamen Airlines ticket or portion thereof shall be made by Xiamen Airlines in accordance with relevant regulations.

10.1.2 Passengers 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.


10.2   Person to whom refund will be made

10.2.1 Xiamen Airlines shall be entitled to make a refund to the person named in the ticket.

10.2.2 The passenger shall present his or her valid ID document to get a refund at the direct ticket office of Xiamen Airlines; in cases where the person to whom refund will be made is not the passenger named on the ticket, the person shall present a valid ID document for the passenger along with his or her own valid ID document.

10.2.3 In addtion to refund made at the direct ticket office of Xiamen Airlines, if a ticket has been paid for by a person other than the passenger named in the ticket, Xiamen Airlines shall make a refund only to the person paying for the ticket or to that person's order.

10.2.4 A refund made to anyone who presents the passenger coupon and all the unused flight coupons and who holds himself or herself out as a person to whom a refund may be made in terms of sub-paragraphs 10.2.1, 10.2.2 or 10.2.3 shall be deemed a proper refund and shall discharge Xiamen Airlines from liability and from any further claims for refunds.


10.3   Period of validity

Passengers shall make a refund request with Xiamen Airlines and complete the refund procedures within the validity period of tickets. No refund of fare and tax is available beyond the period of validity.


10.4   Location

10.4.1 Passengers who request involuntarily refunds may get refunds at Xiamen Airlines’ direct sales agencies, authorized sales agents or ground services agents in the place where the ticket was purchased, where the flight departed, stopped over or arrived.

10.4.2 Passengers who request voluntary refunds may get refunds in the following locations:

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 place of flight departure or travel termination other than the place of issuance; if there is no Xiamen Airlines local direct sales agency, the passenger may get a refund from authorized sales agents of Xiamen Airlines.

10.4.3 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.


10.5   Involuntary refunds

Passengers requesting a refund for reasons described in paragraph 4.3 of these Conditions, may receive a full refund of the ticket fare at the place of flight departure; or a full refund of unused segments of the ticket at the specified stopping place, but in no instance can the amount of the refund exceed the amount paid for the original fare. No cancellation fees are charged in either case.


10.6   Voluntary refunds

Passengers requesting a voluntary refund shall be refunded in accordance with applicable conditions of carriage.


10.7   Cancellation fees are waived in the following circumstances:

a)   No cancellation fees are charged for infant fare tickets;

b)  No cancellation fees are charged for refunds to an ill, injured or dead passenger, subject to providing relevant proof as required by Xiamen Airlines. The person accompanying an ill or injured passenger (no more than 2 persons) may also get a refund together with the accompanied passenger and cancellation fees will be waived.


10.8  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.


11.GROUP PASSENGERS

11.1   Time limit for purchasing tickets

Group passengers who have reserved seats must have their tickets issued within the time limit as advised or agreed by Xiamen Airlines; otherwise their reservation will be canceled.


11.2   Changes to class, flight or date

11.2.1 Group passengers who request a change in class, flight or date after purchasing tickets shall be processed in accordance with the regulations in paragraph 11.5 “Voluntary refunds”.

11.2.2 Group passengers’ tickets must be used in sequence.


11.3   Refund locations

11.3.1 Voluntary refunds for group passengers can only be processed by the ticket office that sold the tickets.

11.3.2 Involuntary refunds for group passengers may be processed by any of the refund locations stipulated in paragraph 10.4.1 of these Conditions.


11.4    Changes or refunds that are involuntary or requested due to illness

11.4.1 Refunds for group passengers involving flight departure delay shall be processed as involuntary refunds if the group passengers make their refund requests after the issuance of flight departure delay notice and before the actual takeoff; refunds requested at other times shall be processed as voluntary refunds.

11.4.2 Refunds for group passengers involving flight time change shall be processed as involuntary refunds if the adjustment to flight time is more than 2 hours, and shall be processed as voluntary refunds if the adjustment to flight time is 2 hours or less.

11.4.3 If some members of a group request refunds due to illness, they must make their requests and cancel their reserved seats before the scheduled takeoff time of the flight. The passenger shall provide the copy of his/her ID card and relevant medical documents issued by a county level medical organization or above, including medical certificate (the date not fit for travel listed on the medical certificate shall cover the flight date indicated on the ticket), medical record and hospital bill. If the passenger needs to preserve the original of above documents, the direct sales agency will copy or take a picture of these documents after verification. If the passenger cannot provide above documents, his/her refunds will be processed as voluntary refunds. The passengers accompanying the sick passenger must not exceed two persons. The refunds for the passengers in excess of two persons will be processed as voluntary refunds.


11.5   Voluntary refunds for group passengers

Group passengers who request voluntary refunds after purchasing tickets will be charged cancellation fees in accordance with the following provisions:

11.5.1 In the case of voluntary refunds for segments where group fare is lower than 40% of Y class full fare, taxes will be refunded, but the fare paid will not be refunded.

11.5.2 In the case of voluntary refunds for segments where group fare is equal to or higher than 40% of Y class full fare, cancellation fees will be charged in accordance with the following provisions, unless otherwise specified by Xiamen Airlines special products for group passengers:

a)   For voluntary refunds of a part of flight segments, taxes will be refunded, but the fare paid will not be refunded;

b)  For refunds requested earlier than 72 hours (including 72 hours) prior to the scheduled departure time of the flight originating in the first flight segment, 30% of the ticket fare will be charged as cancellation fees;

c)   For refunds requested later than 72 hours prior to the scheduled departure time of the flight originating in the first flight segment but earlier than 12:00 A.M. (including 12:00 A.M.) on the day before the scheduled departure time of the flight, 50% of the ticket fare will be charged as cancellation fees;

d)  For refunds requested later than12:00 A.M. on the day prior to the scheduled departure time of the flight originating in the first flight segment but prior to the scheduled departure time of the flight, taxes will be refunded, but the fare paid will not be refunded;

e)  Refunds shall be requested within one month after the period of validity of the ticket expires. The ticket exceeding the above time limit becomes invalid, of which the fare and taxes will not be refunded.

11.5.3 If some members of a group request voluntary refunds, and the number of group passengers taking the flight changes, unless otherwise specified, their refunds shall be processed in accordance with the following provisions:

a)   When the number of group passengers taking the flight is not less than the minimum number of group passengers stipulated by Xiamen Airlines special products for group passengers, their refunds will be processed in accordance with the normal provisions of refunds for group passengers;

b)  When the number of group passengers taking the flight is less than the minimum number of group passengers stipulated by Xiamen Airlines special products for group passengers, if no portion of the ticket has been used, the published fare of Y class for passengers taking the same flight and cancellation fees stipulated in accordance with the normal provisions of refunds for group passengers will be deducted from the total group fare originally paid by the group passengers. Any excess fare collected for the ticket will be refunded but the group passengers will not be required to pay for any short falls; if a portion of the ticket has been used, taxes will be refunded, but the fare paid will not be refunded.

c)   For voluntary refunds requested by some members of a group holding single tickets, taxes will be refunded, but the fare paid will not be refunded.

11.5.4 If the ticket purchased by a group passenger is indicated with a “non-refundable” restriction, he/she cannot request refunds due to illness.


11.6   Failure to board for group passengers

The ticket of a group passenger who fails to board a flight becomes invalid automatically, of which taxes will be refunded, but the fare paid will not be refunded. 


12.CHECK-IN

12.1   General provisions

12.1.1 Generally, Xiamen Airlines and its authorized ground service agents begin check in no later than 90 minutes prior to the scheduled flight departure time specified on the ticket, and check-in counters close 30 minutes prior to the scheduled flight departure time. Passengers will be informed of any changes of above time limit by Xiamen Airlines.

12.1.2 Passengers should arrive at the airport in time to allow for check-in and ID verification prior to the scheduled departure of the flight.

12.1.3 In order to avoid flight delays, Xiamen Airlines may cancel seat reservations held by passengers who fail to arrive at the Xiamen Airlines check-in counter or at the boarding gate, or who fail to present valid identity documents, tickets and/or boarding passes, or otherwise are unprepared to travel. Xiamen Airlines will not be liable for any loss or expense incurred due to passengers’ failure to comply with above provisions.


12.2   Passengers and their baggage must go through security check before check-in.

12.3   No show

12.3.1 Passengers who request a voluntary change in the carrier after failing to board a flight will be processed in accordance with the regulations in “Voluntary refunds” section of these Conditions.

12.3.2 Passengers who request a refund or change in flight and date after failing to board a flight will be processed in accordance with the regulations in “Voluntary refunds” or “Voluntary change of flight and/or date” of these Conditions.


12.4   Miss a flight

12.4.1 Passengers who miss a flight as a result of their own actions will be processed in accordance with the regulations in “No show” section of these Conditions.

12.4.2 For passengers who miss a flight due to the actions of Xiamen Airlines, Xiamen Airlines will arrange seats for the passengers on the earliest subsequent flight to the same destination. If a passenger requests a refund, it will be processed according to the regulations in “Involuntary refunds” section of these Conditions.


12.5   Take a wrong flight

For passengers who take a flight to the wrong destination, Xiamen Airlines shall arrange for them to fly to the destination specified on the ticket as soon as possible, with the difference in fares neither refunded nor charged based on the actual fare paid. In case passengers request a refund, Xiamen Airlines shall return the cost of traveling from the wrong destination to the original destination.


13.CARRIAGE OF BAGGAGE

13.1   General provisions

13.1.1 Allowed types of baggage

Baggage carried by Xiamen Airlines is limited to items defined as baggage as specified in paragraph 1.33 and 1.34 of the Conditions herein. 

13.1.2 Items unacceptable as baggage

The following items are not permitted to be carried as or packed into baggage, or to be carried into the cabin as carry-on baggage:

a)   Items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in relevant Chinese laws and regulations and Xiamen Airlines regulations;

b)  Firearms, ammunition, other lethal weapons and replicas, except for specialized sporting equipment;

c)   Items which in the opinion of Xiamen Airlines are unsuitable for carriage by reason of their weight, size or character, such as fragile or perishable items;

d)  Ordnance, police arms and replicas;

e)  Controlled knives;

f)   Other than special dog breeds such as seeing eye dog, hearing dog and search and rescue dog, Xiamen Airlines does not accept live pet animals to be carried as baggage;

g)  Other items prohibited from carriage by relevant states.

13.1.3 Items restricted from carriage (services)

The following items can only be carried provided that they are in conformity with the Conditions of Carriage and authorized by Xiamen Airlines:

a)   Important documents and materials, securities, cash, notes, jewelry, precious metals and items made from precious metals, antique calligraphy and paintings or other valuables, fragile, vulnerable and perishable goods, samples, travel documents and other items which require special care are not permitted to be carried as or packed into checked baggage, but can be carried into the cabin, provided that they are in conformity with Xiamen Airlines’ restrictions on baggage weight and size;

b)  Precision instruments, electrical appliances and similar products shall be checked as freight; if carried as checked baggage, they must be in conformity with Xiamen Airlines’ requirements on baggage packaging, size and weight. The weight of such items shall not be included in a passenger’s free baggage allowance. An excess baggage charge shall be applied based on the item’s actual weight;

c)   Sports equipment, including firearms and ammunition for sporting purposes;

d)  Diplomatic pouches and confidential documents;

e)  Folding or electric wheelchairs for passengers to use during the trip;

f)   Child restraint devices;

g)  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;

h)  Dry ice and drinks containing alcohol; smoking paraphernalia, prescription drugs and cosmetics for passengers to use during the trip;

i)    Special dog breeds such as seeing eye dog, hearing dog and search and rescue dog.


13.2   Restrictions on baggage packaging, size and weight

13.2.1 Checked baggage:

a)   All checked baggage shall be properly packaged, locked, firmly tied, capable of sustaining the changes in air pressure and handling required for carriage under normal conditions, and must conform with the following requirements:

1)Suitcases, bags and handbags shall be safely locked;

2)More than two pieces shall not be tied together as one piece;

3)Other items shall not be attached to the baggage;

4)Baskets, net bags, ropes, straw bags and plastic bags shall not be used to wrap baggage;

5)The passenger’s name, full address and telephone number should be marked on the outside of the baggage to facilitate contact.

b)  For each piece of checked baggage, the maximum weight shall not exceed 50 kilograms and the maximum dimensions shall not exceed 100 x 60 x 40 centimeters. Items exceeding these allowances may be checked only if they are approved for carriage by Xiamen Airlines.

13.2.2 Carry-on baggage:

a)   Each First-Class passenger is allowed to carry up to two pieces of baggage on board;

b)  Each passenger in other classes is allowed to carry no more than one piece of baggage on board;

c)   Each piece of baggage carried into the cabin shall not exceed the maximum weight of 5 kilograms and the maximum dimensions of 55 x 40 x 20 centimeters. Baggage exceeding the above allowance for weight, number of pieces or size must be checked.


13.3   Free baggage allowance and excess baggage charges

13.3.1 Free baggage allowance:

     a)   Unless otherwise stipulated, the free baggage allowance for each passenger is:

1) 40 kilograms for First Class passengers;

2) 30 kilograms for Business Class passengers;

3) 20 kilograms for Economy Class passengers;

4) There is no free baggage allowance for infants traveling with infant fare tickets.

b)  Where two or more passengers, traveling as one party to a common destination on the same flight, present themselves and their baggage for travel at the same time and place, pooling of the allowance applicable to the respective seat class of each paid ticket fare will be permitted;

c)   Where involuntary class changes are made, a passenger shall be entitled to the free baggage allowance applicable to the seat class of the ticket originally purchased;

d)  For domestic segments that constitute part of an international itinerary, passengers shall be entitled to the free baggage allowance applicable to the international route.

13.3.2 Excess baggage charges:

a)   For checked baggage that exceeds the free baggage weight allowance, the amount by which the baggage is overweight is known as excess baggage, for which an excess baggage fee will be charged;

b)  Unless otherwise stipulated herein, the excess baggage fee per kilogram is 1.5% of the full economy class ticket price on the date that the excess baggage check is filled out, priced in RMB and rounded to the nearest whole Yuan.


13.4   Baggage declared value

13.4.1 A passenger may declare a value for checked baggage valued in excess of RMB 100 per kilogram.

13.4.2 The declared value may not exceed the actual value of the baggage. The maximum baggage declared value is RMB 8,000. If Xiamen Airlines objects to the declared value but passengers refuse to allow the baggage to be inspected, Xiamen Airlines reserves the right to refuse to accept the baggage for carriage.

13.4.3 When such a declaration of value is made, the excess value charge shall be at the rate of 0.5 percent of such excess value stipulated in paragraph 13.4.1, priced in RMB and rounded to the nearest whole Yuan.


13.5   Acceptance of baggage

13.5.1 Refusal of baggage:

a)   In case any item listed in paragraph 13.1.2 of these Conditions is part of or is included in the baggage, Xiamen Airlines reserves the right to refuse to carry the baggage;

b)  In case any item listed in paragraph 13.1.3 a) of these Conditions is part of or is included in the baggage, Xiamen Airlines reserves the right to refuse to accept the baggage as checked baggage;

c)   In case any item listed in paragraph 13.1.4 b) - h) of these Conditions carried by passengers fails to satisfy Xiamen Airlines’ limitation of carriage (services), Xiamen Airlines reserves the right to refuse to carry the baggage;

d)  In case the form, packaging, size, weight or character of the baggage fails to satisfy Xiamen Airlines’ Conditions of Carriage but passengers cannot or will not correct the problem, Xiamen Airlines reserves the right to refuse to carry the baggage;

e)  In case passengers refuse to be stopped for baggage security inspection, Xiamen Airlines reserves the right to refuse to carry the baggage.

13.5.2 Inspection

For transportation security, relevant government departments or Xiamen Airlines may inspect passengers’ baggage, during which passengers shall be present. Xiamen Airlines is not liable for any loss which may arise from an inspection if passengers fail to be present for the inspection.

13.5.3 Acceptance:

a)   Passengers shall show a valid ticket to have their baggage checked on the departure date of the flight;

b)  After the baggage is checked, a baggage identification tag will be given to the passenger as evidence for baggage claim;

c)   When accepting baggage of disputed liability, Xiamen Airlines shall explain applicable Xiamen Airlines regulations to the passenger, and attach the limited release tag to the baggage with written approval of the passenger.

13.5.4 Carriage:

a)   Passengers’ checked baggage shall be carried on the same aircraft as the passengers unless Xiamen Airlines decides that this is impracticable under certain circumstances, in which case Xiamen Airlines shall inform the passengers and arrange their checked baggage to be first carried on subsequent flights of Xiamen Airlines on which space is available;

b)  Passengers’ excess baggage shall be carried on the same aircraft as the passengers when space is available. Xiamen Airlines reserves the right to refuse to carry the excess baggage if the space is not available and the passengers do not agree to allow their baggage to be carried on subsequent flights of Xiamen Airlines.

13.5.5 Small animals:

a)   Small animals refer to domesticated dogs, cats, birds or other pets, which do not include wild animals and animals with an unusual appearance, or other characteristics which might present a danger to passengers (such as snakes); 

b)  Passengers shall inform Xiamen Airlines if they wish to carry small animals when they make their flight reservation and they must provide an animal quarantine certificate. Small animals can only be checked in with the approval of Xiamen Airlines;

c)   Passengers shall bring their small animals to the airport to be checked at the time specified by Xiamen Airlines on the date of check-in;

d)  Kennels for holding small animals shall be in conformity with the following requirements:

1)   Be able to prevent the small animal from breaking the kennel, escaping and damaging people, baggage, cargo or aircraft by extending part of its body through an opening;

2)   Be able to ensure that the small animal can stand and move freely, and have good ventilation to eliminate the possibility of suffocation;

3)   Be able to completely contain feces, and prevent contamination to the aircraft, onboard equipment and other objects.

e)  Small animals carried by passengers must be transported in the cargo hold;

f)   If accepted as baggage, a small animal, together with its kennel and food, shall constitute excess baggage, for which passengers shall pay the excess baggage charges;

g)  A value cannot be declared for the small animals accepted for carriage;

h)  Passengers shall be fully responsible for small animals they checked. Xiamen Airlines shall not be liable for any sickness, injury or death attributed to the carriage for any reason other than that directly caused by Xiamen Airlines;

i)    Seeing eye dogs and hearing dogs shall be carried according to this paragraph. Passengers with a vision/hearing impairment may carry their seeing eye/hearing dog into the cabin provided that Xiamen Airlines regulations are satisfied. Seeing eye dogs and hearing dogs together with their containers and food may be carried free of charge and their weight shall not be calculated as part of passengers’ free baggage allowance.

13.5.6 Diplomatic pouches:

a)   Diplomatic pouches shall be carried by the diplomatic courier in his custody. Upon request of the diplomatic courier, Xiamen Airlines may handle diplomatic pouches as checked baggage, but will only be liable to the extent of common checked baggage;

b)   Diplomatic pouches and baggage carried by diplomatic couriers may be calculated by weight or piece, and any excess over the free baggage allowance shall be charged in accordance with the provisions for excess baggage;

c)   Passengers must inform Xiamen Airlines when booking a flight of any diplomatic pouches that may need to occupy a seat. Such diplomatic pouches may be carried only with prior approval by Xiamen Airlines and relevant carriers;

d)  Diplomatic pouches that occupy a seat shall not exceed the maximum weight of 75 kilograms and the maximum dimensions of 100 x 60 x 40 centimeters. Diplomatic pouches that occupy a seat are not entitled to an additional free baggage allowance, and fees for carriage are calculated according to one of the following methods, whichever is greater:

1)   Fees for carriage are calculated at the rate of excess baggage according to the actual weight of diplomatic pouches occupying a seat;

2)   Fees for carriage are calculated as equivalent to the value of the ticket for the seat class of the diplomatic courier's ticket from the station of departure to the station of destination according to the number of seats occupied by diplomatic pouches;

e)  Confidential documents carried by confidential liaisons shall be carried according to this paragraph.

13.5.7 Illegal baggage

Checked and carry-on baggage which contains prohibited, restricted or dangerous items as stipulated by the Chinese government is considered illegal baggage, which Xiamen Airlines shall deal with according to the following provisions:

a)   Refuse to accept illegal baggage submitted for check-in at the departure airport, cancel or suspend carriage of illegal baggage already carried and require the passenger to immediately remove the illegal baggage. Any excess baggage fee charged the passenger will not be refunded;

b)  In cases where illegal baggage is found at a stopping place, Xiamen Airlines will terminate the carriage immediately. Any excess baggage fee charged the passenger will not be refunded;

c)   Turn over any prohibited, restricted or dangerous items stipulated by the Chinese government that are included in checked and carry-on baggage to relevant authorities.

13.5.8 Baggage return:

a)   If passengers request return of their baggage at the departure airport, they must make the request before the baggage is loaded onto the flight. Passengers who request refunds must have their checked baggage returned as well. Any excess baggage charges collected under these circumstances will be refunded;

b)  Passengers may request return of their baggage at stopping places unless there is not enough time between connecting flights to process the request. In this case, any excess baggage charges collected for unused segments of the flight will not be refunded;

c)   In the case of return of baggage with declared value, the excess value charge collected will be refunded at the departure airport but the excess value charge collected will not be refunded at stopping places;

d)  Passengers who make involuntary changes in flights due to reasons caused by Xiamen Airlines will have their baggage appropriately carried according to the change. Xiamen Airlines will refund any overcharge in excess baggage charges but passengers will not be charged additional fees for any short falls. The excess value charge collected will not be refunded.


13.6   Baggage delivery

13.6.1 Baggage delivery guide:

a)   Passengers shall claim their baggage by presenting their baggage identification tags immediately upon arrival, and shall present their flight ticket for inspection if required;

b)  Xiamen Airlines delivers baggage according to baggage identification tags, and shall not be liable for whether the person claiming the baggage is the passenger him/herself, or for any loss or expense arising from releasing passengers’ baggage to the holder of a valid baggage identification tag;

c)   If a passenger submits no discrepancy in writing when claiming baggage, it shall be prima facie evidence that the baggage is considered to have been completely delivered according to the contract of carriage;

d)  Passengers shall report the loss of baggage identification tags to Xiamen Airlines immediately. Passengers shall provide documents showing proof of identity and issue a receipt when claiming baggage if they wish to claim baggage without proper baggage identification tags. Xiamen Airlines shall not be liable for any baggage losses that result from baggage claim occurring before the passenger reports the loss of the baggage identification tag;

e)  If baggage is not claimed immediately, Xiamen Airlines reserves the right to dispose of any perishables included in the baggage 24 hours after arrival.

13.6.2 Undelivered baggage

Baggage remaining unclaimed for more than 90 days after the day of arrival shall be dealt with in accordance with the regulations for undelivered baggage.

13.6.3 Baggage irregularities:

a)   If transported baggage is missing, delayed, lost or damaged, passengers shall follow the appropriate procedures with Xiamen Airlines or its authorized ground service agents at the place where the problem occurred;

     b)   Xiamen Airlines shall compensate passengers RMB 100 as temporary compensation for the inconvenience caused if checked baggage fails to arrive on the same aircraft due to reasons caused by Xiamen Airlines.


14.PASSENGER SERVICES

14.1   Common services

14.1.1 Xiamen Airlines shall not be liable for the cost of ground transportation services inside airports, between airports or between airports and city centers. Xiamen Airlines shall not be liable for any conduct or negligence by such ground transportation service providers or any help provided by its authorized sales agents to passengers for such ground transportation services.

14.1.2 Unless otherwise stipulated herein, ground accommodations between connections of interline flights shall be at the passengers’ own expense.

14.1.3 Unless otherwise stipulated herein, Xiamen Airlines shall provide on-board meals or drinks but will not provide such services beyond the specified variety and quantity.


14.2   Flight irregularities

14.2.1 If Xiamen Airlines cancels or delays a flight, and subsequently 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 should adopt the following measures by considering the reasonable needs of the passenger:

a)   Arrange an available seat on a subsequent flight of Xiamen Airlines after getting consent from the passenger;

b)  Make an endorsement to another carrier after getting consent from the passenger and the carriers concerned;

c)   Change the route specified on the original ticket, and arrange for the passenger to take other flights;

d)  Refund the passenger any overcharge in ticket fare, excess baggage charges and other service costs arising from measures a), b) and c) but do not require the passenger to pay for any short falls;

e)  Make a refund in accordance with the regulations in paragraph 10.5 “Involuntary refunds” of these Conditions.

14.2.2 In the event of a flight departure delay or cancellation, Xiamen Airlines and its authorized ground service 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.

14.2.3 In the event of flight departure delays or cancellations at the departure airport due to aircraft maintenance, flight rescheduling, air crew or other reasons that are relevant to Xiamen Airlines, Xiamen Airlines shall provide the following services:

a)   Provide catering for passengers for free;

b)  Provide recreational facilities and reading material;

c)   Provide communication equipment for passengers;

d) If a flight departure delay is estimated to be not more than 3 hours, arrange passengers to take a rest in the airport terminal. If a flight departure delay is estimated to be more than 3 hours, or a flight is cancelled, send passengers to hotels as appropriate. Give priority to the senior, weak, sick, disabled or pregnant passenger, the passenger holding a child, unaccompanied minor and other passengers whom need be taken special care of.

e)  If a departure delayed flight arrives at the destination airport, and no ground vehicles at the airport to the city center are available then, arrange vehicles to send passengers to the transportation hub of the city center.

14.2.4 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.

14.2.5 When a flight is delayed or cancelled at an alternate or stopover airport for any reason, Xiamen Airlines shall provide accommodations for passengers.

14.2.6 Xiamen Airlines can provide flight delay proof for passengers if needed. The flight delay proof can be obtained from the direct sales agency of Xiamen Airlines or Xiamen Airlines Official Website.

14.2.7 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 paragraph 15 of these Conditions.

14.2.8 If a flight is delayed for more than 2 hours, Xiamen Airlines shall provide beverage and drinking water for passengers in the airport terminal every 2 hours from the release of flight delay information. In the case of onboard delay for more than 2 hours (including 2 hours), Xiamen Airlines shall provide food and drinking water for passengers.

14.2.9  In the case of onboard delay for more than 3 hours (including 3 hours), without definite takeoff time, Xiamen Airlines shall arrange passengers to disembark the aircraft and wait in the airport terminal under the premise of not violating air safety and security regulations.


15.FINANCIAL COMPENSATION FOR FLIGHT DELAY CAUSED BY REASONS RELEVANT TO XIAMEN AIRLINES

15.1   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.

15.2 Compensation standards: the amount of compensation is calculated by the flight delay time. The compensation standards are specified as follows:

Flight delay time concerning financial

compensation

Compensation mileage of  Egret CardCash compensation
≥4 hours and < 8 hours≤2000 points≤RMB 200
≥8 hours≤4000 points≤RMB 400


15.3   Compensation method: Passengers can get the cash, free ticket for compensation on the spot, or claim the compensation afterwards with apology letters.


16.CONDUCTS ABOARD THE AIRCRAFT

16.1   While aboard the aircraft, passengers are not permitted to drink any alcoholic drinks other than those provided by Xiamen Airlines.

16.2   Passengers are not permitted to turn on and operate aboard the aircraft mobile phones, walkie-talkies, remote-controlled toys and other remote-controlled electronic equipment or portable electronic equipment that actively transmits radio signals. Without the permission of the carrier, passengers are not permitted to operate aboard the aircraft any electronic equipment other than portable video recorders, hearing aids and heart pacemakers.

16.3   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 crew instruction, 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.


17. SUCCESSIVE CARRIAGE

Carriage to be shared by several successive carriers shall be deemed to be one undivided trip, if it is regarded by the parties to the contract of carriage by air as a single operation, whether it had been agreed upon under the form of a single ticket or of a series of tickets.


18. LIABILITY FOR LOSS AND LIMITS OF COMPENSATION

18.1   Liability for loss

18.1.1     Unless otherwise stipulated in the contract, Xiamen Airlines is liable for any loss occurring in the carriage performed by Xiamen Airlines.

18.1.2     Xiamen Airlines is not liable for any loss arising from its compliance with Chinese laws, regulations, government rules and other normative documents, or from failure of the passenger to comply with the same.

18.1.3     The liability of Xiamen Airlines shall not exceed the amount of proven actual loss. Xiamen Airlines is not liable for any indirect or consequential losses, or emotional damages.

1.1.4    


18.2   Death or injury of passengers

18.2.1     Xiamen Airlines is liable for an accident which causes death or injury of passengers that occurs on board the aircraft, or in the process of embarking or disembarking; however, Xiamen Airlines is not liable for any death or injury which occurs in the carriage arising from or aggravated by the passenger’s age, mental or physical condition.

18.2.2     The liability of Xiamen Airlines for each passenger is limited to the sum of RMB 400,000.


18.3   Loss of baggage

18.3.1     Xiamen Airlines is liable for any destruction, loss or damage to checked baggage arising from incidents that occur in the carriage, Xiamen Airlines is liable for any damage to carry-on baggage arising from the faults of Xiamen Airlines or its servants or agents.

18.3.2     Xiamen Airlines is not liable for any destruction, loss or damage to baggage caused solely by inherent defect, quality or vice of the baggage.

18.3.3     Xiamen Airlines is not liable for injury or property loss caused by or arising from a passenger’s own baggage. Any passenger whose property causes injury to others or damage to others’ property or to the property of Xiamen Airlines shall indemnify Xiamen Airlines for all losses and expenses incurred by Xiamen Airlines as a result thereof.

18.3.4     For the destruction, loss, or damage of baggage, Xiamen Airlines shall compensate or pay the repair costs in accordance with the adjusted value of the baggage. Compensation for the loss of checked baggage shall not exceed RMB 100 per kilogram, and shall not exceed RMB 3,000 per passenger for carry-on baggage. Compensation shall be made according to the actual value in cases where the baggage value is less than this stated limit.

18.3.5     Xiamen Airlines shall compensate passengers according to the declared value of the lost or damaged baggage in cases where value has been declared. If the declared value is higher than the actual value of the baggage delivered at the destination, compensation shall be based on the actual value.

18.3.6     For the destruction, loss, damage or delay of checked baggage or any item included in checked baggage, the weight used to determine Xiamen Airlines’ limit of liability shall be the actual weight of the damaged baggage or item. If the weight of the damaged baggage or item cannot be determined, compensation shall be subject to the maximum limit of the free baggage allowance for each passenger.

18.3.7     If items listed in paragraph 13.1.3 a) of these Conditions are included in checked baggage which is destroyed, lost or damaged, Xiamen Airlines is liable in accordance with the limits of compensation liability for common baggage.

18.3.8     In calculating baggage compensation, excess baggage charges collected for the baggage will be refunded but the excess value charge will not be refunded.

18.3.9     For domestic segments that constitute part of an international itinerary, passengers shall be entitled to the baggage compensation applicable to the international route.

18.3.10   Xiamen Airlines will contact passengers immediately if the lost baggage for which the passenger has been compensated is found. Passengers may reclaim the baggage and refund the compensation in full, excluding any temporary compensation. Xiamen Airlines is entitled to pursue full compensation when detecting fraudulent actions on the passengers’ behalf.


18.4   Delays

18.4.1     Xiamen Airlines is liable for any loss to passengers or baggage arising from delays that occur in the carriage.

18.4.2     Xiamen Airlines is not liable for any loss arising from flight delays caused by factors beyond the control of Xiamen Airlines, which include but are not limited to weather, natural disasters, accidents, air traffic control, airport security check, aircraft mechanical failure, unavailability of normal services at an airport, passenger behavior, actions of Xiamen Airlines required by law, regulations, government rules and orders, and other uncontrollable or unavoidable factors.

18.4.3     Xiamen Airlines is not liable in cases where it proves itself, its servants or agents have, to prevent loss from occurring, taken all necessary measures or it was impossible to take such measures.

18.4.4     As delays in subsequent flights may result from the delay of a previous flight, the reasons for the delay of the previous flight shall be considered as the reason for the delay of subsequent flights.


18.5   In the carriage of passengers and baggage, in cases where it is proved that the damage was caused or contributed to by the fault of the claimant, Xiamen Airlines may be wholly or partly exonerated from its liability in accordance with the extent of the fault that caused or contributed to such damage. Where a person other than the passenger claims compensation with respect to the death or injury of the passenger, Xiamen Airlines may similarly be wholly or partly exonerated from its liability in accordance with the extent of the fault that caused or contributed to such damage, in cases where Xiamen Airlines proves that the death or injury was caused or contributed to by the fault of the passenger himself or herself.

18.6  Any exclusion or limitation of liability for Xiamen Airlines shall apply to its agents, servants, representatives and any person providing equipment or services to Xiamen Airlines, their agents, servants and representatives. The total amount of compensation made by Xiamen Airlines, its agents, servants, representatives and any related person shall not exceed the limit of liability for Xiamen Airlines.


19. CLAIMS AND LITIGATION

19.1   In the case of damage to baggage, the passenger must complain to Xiamen Airlines or its authorized ground service agents forthwith after the discovery of the damage, and in the case of damage to checked baggage, at the latest, within seven days from the date of receipt. In the case of delay of checked baggage, the complaint must be made at the latest within twenty-one days from the date on which the checked baggage has been placed at the disposition of the passenger. Failing to complain within the prescribed periods, the passenger may not claim compensation from Xiamen Airlines.

19.2  The right to damages shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.


20. EFFECTIVENESS AND MODIFICATION

20.1   These Conditions shall become effective as of the date on May 12, 2017, and supersede the previous Xiamen Airlines General Conditions of Carriage for Domestic Passenger and Baggage.

20.2   Xiamen Airlines has the right to modify its Conditions of Carriage, regulations, fares and charges without notice. However, no such modification shall apply to the carriage which took place prior to the modification.

20.3   No servant of Xiamen Airlines, authorized sales agent, authorized ground service agent or staff has authority to violate or modify the Conditions of Carriage, regulations, fares and charges applicable to Xiamen Airlines.