Index
Article 1 - Definition
Article 2 - Applicability
Article 3 - Tickets
Article 4 - Fares, Taxes, Fees and Charges
Article 5 - Reservations
Article 6 - Check-in and Boarding
Article 7 - Refusal and Limitation of Carriage
Article 8 - Baggage
Article 9 - Schedules, Delays, Cancellation of Flights
Article 10 - Refunds
Article 11 - Conduct Aboard Aircraft
Article 12 - Arrangements for Additional Services
Article 13 - Administrative Formalities
Article 14 - Successive Carriers
Article 15 - Liability for Damage
Article 16 - Time Limits for Complaints
Article 17 - Other Conditions
Article 18 - Effectiveness and Modification
Article1 - Definition
As you read these conditions, please note that:
"We", "our", "ourselves" and "us"
means Air China Limited.
"You", "your" and "yourself" means
any person, except members of the crew, carried or to be carried
in an aircraft pursuant to a Ticket. (See also the definition for"Passenger").
"Agreed Stopping Places" means those places, except the
place of departure and the place of destination, set out in the
Ticket or shown in our timetables as scheduled stopping places on
your route.
"Airline Designator Code" means the two-characters or
three letters which identify particular air carriers.
"Authorized Agent" means a passenger sales agent who has
been appointed by us to represent us in the sale of air transportation
on our services.
"Baggage" means your personal property accompanying you
in connection with your trip. Unless otherwise specified, it consists
of both your Checked and Unchecked Baggage.
"Baggage Check" means those portions of the Ticket which
relate to the carriage of your Checked Baggage.
"Baggage Identification Tag" means a document issued solely
for identification of Checked Baggage.
"Carrier" means an air carrier other than ourselves, whose
Airline Designator Code appears on your Ticket or on a Conjunction
Ticket.
"Checked Baggage" means Baggage of which we take custody
and for which we have issued a Baggage Check.
"Check-in Deadline" means the time limit specified by
the airline by which you must have completed check-in formalities
and received your boarding pass.
"Conjunction Ticket" means a Ticket issued to you with
relation to another Ticket which together constitute a single contract
of carriage.
"Convention" means whichever of the following instruments
are applicable:
The Convention for the Unification of Certain Rules Relating to
International Carriage by Air, signed at Warsaw, 12 October 1929
(hereinafter referred to as the Warsaw Convention);
The Warsaw Convention as amended at The Hague on 28 September 1955
(hereinafter referred to as the Hague Protocol);
The Convention for the Unification of Certain Rules for International
Carriage by Air, done at Montreal on 28 May 1999 (hereinafter referred
to as the Montreal Convention).
"Coupon" means both a paper Flight Coupon and an Electronic
Coupon, each of which entitle the named passenger to travel on the
particular flight identified on the coupon.
"Damage" means: (1) In the case of Passenger bodily injury
or death, damage sustained and caused by an accident occurring on
board the aircraft or in the course of any of the operations of
embarking or disembarking; (2) In the case of loss, damage to or
destruction of Checked Baggage, damage sustained while the Checked
Baggage is on board the aircraft or at any time that the Checked
Baggage is in charge of the carrier; (3) In the case of Unchecked
Baggage of which the Passenger takes charge, damage caused by the
fault of the carrier or the agents of the carrier.
"Days" means calendar days, including all seven days of
the week; provided that, for the purpose of notification, the day
upon which notice is dispatched shall not be counted; and provided
further that for purposes of determining duration of validity of
a Ticket, the day upon which the Ticket is issued, or the day upon
which the flight commenced, shall not be counted.
"Electronic Coupon" means an electronic flight coupon
or other valued document held in our computer database.
"Electronic Ticket" means the Itinerary/Receipt issued
by us or on our behalf, the Electronic Coupons and, if applicable,
a boarding document.
"Flight Coupon" means that portion of the Ticket that
bears the notation "good for passage", or in the case
of an Electronic Ticket, the Electronic Coupon, and indicates the
particular places between which you are entitled to be carried.
"Force Majeure" means an unusual and unforeseeable circumstance
beyond control, the consequences of which could not have been avoided
even if all due care had been exercised.
"International Carriage" means, unless otherwise stated
in the Convention, transportation in which, according to the contract
of carriage, either the place of departure or the destination or
an Agreed Stopping Place, whether or not there is a break in the
transportation, is not situated in the Peoples Republic of China.
"Itinerary/Receipt" means a document or documents we issue
to Passengers traveling on Electronic Tickets that contains the
Passenger's name, flight information, etc.
"Notice of Contract Terms Incorporated by Reference" means
those statements contained in or delivered with your Ticket or Itinerary/Receipt,
identified as such and which incorporate by reference, these Conditions
of Carriage and notices.
"Passenger" means any person, except members of the crew,
carried or to be carried in an aircraft pursuant to a Ticket. (See
also the definition for"you","your"and"yourself")?
"Passenger Coupon" or "Passenger Receipt" means
that portion of the Ticket issued by us or on our behalf, which
is so marked and which ultimately is to be retained by you.
"SDR" means a Special Drawing Right as defined by the
International Monetary Fund.
"Stopover" means a scheduled stop on your journey at a
point between the place of departure and the place of destination.
"Tariff" means the published fares, charges and/or related
Conditions of Carriage of an airline filed, where required, with
the appropriate authorities.
"Ticket" means either the document entitled "Passenger
Ticket and Baggage Check" or the Electronic Ticket, in each
case issued by us or on our behalf, and includes the Conditions
of Contract, notices and Coupons.
"Unchecked Baggage" means any of your Baggage other than
Checked Baggage.
Article 2 - Applicability
2.1 General
Except as provided in Articles 2.22.4 and 2.5, our Conditions of
Carriage apply only on those flights, or flight segments, where
our name or Airline Designator Code is indicated in the carrier
box of the Ticket for that flight or flight segments.
2.2 Charter Operations
If carriage is performed pursuant to a charter agreement, these
Conditions of Carriage apply only to the extent they are incorporated
by reference or otherwise, in the charter agreement or the Ticket.
2.3 Code Shares
On some services we have arrangements with other carriers known
as "Code Shares". This means that, even if you have a
reservation with us and hold a Ticket where our name or Airline
Designator Code is indicated as the carrier, another carrier may
operate the aircraft on which you travel. If such arrangements apply,
we will advise you of the carrier operating the aircraft at the
time you make a reservation.
2.4 Overriding Law
These Conditions of Carriage apply to International Carriage provided
by us unless they are inconsistent with our Tariffs or applicable
laws in which event such Tariffs or laws shall prevail.
If any provision of these Conditions of Carriage is invalid under
any applicable law, the other provisions of these Conditions of
Carriage shall nevertheless remain valid.
2.5 Conditions Prevail over Regulations
Except as provided in these Conditions of Carriage, in the event
of inconsistency between these Conditions of Carriage and any other
regulations we may have, dealing with particular subjects, these
Conditions of Carriage shall prevail.
Article 3 - Tickets
3.1 General Provisions
3.1.1 We will provide carriage only to the Passenger named in the
Ticket, and you may be required to produce appropriate identification
as the Passenger named in the Ticket .
3.1.2 A Ticket is not transferable.
3.1.3 Some Tickets are sold at discounted fares which may be partially
or completely non-refundable. You should choose the fare that best
suits to your needs.
3.1.4 If you have a Ticket, as described in 3.1.3 above, which is
completely unused, and you are prevented from traveling due to Force
Majeure, we will provide you with a credit of the non-refundable
amount of the fare, for future travel on us, subject to deduction
of a reasonable administration fee, provided that you promptly advise
us and furnish evidence of such Force Majeure.
3.1.5 The Ticket is and remains at all times the property of the
issuing carrier.
3.1.6 Except in the case of an Electronic Ticket, you shall not
be entitled to be carried on a flight unless you present a valid
Ticket containing the Flight Coupon for that flight and all other
unused Flight Coupons and the Passenger Coupon. In addition, you
shall not be entitled to be carried if the Ticket presented is mutilated
or if it has been altered, other than by us or our Authorized Agent.
In the case of an Electronic Ticket, you shall not be entitled to
be carried on a flight unless you provide positive identification
and a valid Electronic Ticket that has been duly issued in your
name.
3.1.7aIn case of loss or mutilation of a Ticket (or part of it)
by you or non-presentation of a Ticket containing the Passenger
Coupon and all unused Flight Coupons, upon your request and after
our validation, we will replace such Ticket (or part of it) by issuing
a new Ticket, provided there is evidence, readily ascertainable
at the time, that a Ticket valid for the flight(s) in question was
duly issued and you sign an agreement to reimburse us for any costs
and losses, up to the value of the original Ticket, which are necessarily
and reasonably incurred by us or another carrier for misuse of the
Ticket. We will not claim reimbursement from you for any such losses
which result from our own negligence. The issuing carrier may charge
a reasonable administration fee for this service, unless the loss
or mutilation was due to the negligence of the issuing carrier,
or its agent.
3.1.7(b) Where such evidence is not available or you do not sign
such an agreement, the carrier issuing the new Ticket may require
you to pay up to the full Ticket price for a replacement Ticket,
subject to refund if and when the original issuing carrier is satisfied
that the lost or mutilated Ticket has not been used within one year
after the ticket issuing date or the travel commencement date. 3.1.8
A ticket is valuable and you should take appropriate measures to
safeguard it and ensure that it is not lost or stolen.
3.2 Period of Validity
3.2.1 Except as otherwise provided in the Ticket, these Conditions
of Carriage, or in applicable Tariffs which may limit the validity
of a ticket, in which case the limitation will be shown on the Ticket,
a Ticket is valid for:
3.2.1(a) Subject to the first travel occurring within one year from
the date of issue, one year from the date of first travel under
the Ticket; or
3.2.1(b)If no portion of the Ticket is used, one year from the date
of issue.
3.2.2 When you are prevented from traveling within the period of
validity of the Ticket, because we are unable to confirm a reservation
at the time you request , the validity of the Ticket will be extended,
or you may be entitled to a refund in accordance with Article10.
3.2.3 If after having commenced your journey, you are prevented
from continuing your travel within the period of validity of the
Ticket by reason of illness, we may extend the period of validity
of your Ticket until the date when you become fit for travel or
until our first flight after such date, from the point where the
journey was interrupted on which space is available in the class
of service for which the fare has been paid. Such illness must be
attested to by a medical certificate. When the flight coupons remaining
in the Ticket, or in the case of an Electronic Ticket, the Electronic
Coupon, involve one or more Stopovers, the validity of such Ticket
may be extended for not more than three months from the date when
you become fit for travel which is shown on the medical certificate.
In these circumstances, we will similarly extend the period of validity
of Tickets of other members of your immediate family accompanying
you.
3.2.4 In the event of the death of a Passenger enroute, the Tickets
of persons accompanying the Passenger may be modified by waiving
the minimum stay or extending the period of validity. In the event
of a death in the immediate family of a Passenger who has commenced
travel, the validity of the Passenger's Ticket and those of his
or her immediate family who are accompanying the Passenger, may
likewise be modified. Any such modification shall be made upon receipt
of a valid death certificate and any such extension of validity
shall not be for a period longer than forty-five (45) Days from
the date of the death shown on the death certificate.
3.3 Coupons Sequence and Use
3.3.1 The Ticket you have purchased is valid only for the transportation
shown on the Ticket from the place of departure via any Agreed Stopping
Places to the final place of destination. The fare you have paid
is based upon our Tariff and is for the transportation as shown
on the Ticket. The Tariff for your fare forms an essential part
of our contract with you. The Ticket will not be honored and will
lose its validity if all the Coupons are not used in the sequence
provided in the Ticket when issued.
3.3.2 Should you wish to change any aspect of your transportation,
you must contact us in advance. The fare for your new transportation
will be calculated and you will be given the option of accepting
the new price or maintaining your original transportation as ticketed.
Should you be required to change any aspect of your transportation
due to Force Majeure, you must contact us as soon as practicable
and we will use reasonable efforts to transport you to your next
Stopover or final destination, without recalculation of the fare.
3.3.3 Should you change your transportation without our agreement,
we will assess the correct price for your actual travel. You will
have to pay any difference between the price you have paid and the
total price applicable for your revised transportation. The unused
Coupons of your Ticket will have no value.
3.3.4 While some types of changes will not result in a change of
fare, others, such as changing the place of departure or reversing
the direction you travel, can result in an increase in price. Many
fares are valid only on the dates and for the flights shown on the
Ticket and may not be changed at all, or only upon payment of an
additional fee.
3.3.5 Each Flight Coupon contained in your Ticket will be accepted
for transportation in the class of service on the date and flight
for which space has been reserved, as shown in the Flight Coupon.
When a Ticket is originally issued without a reservation being specified,
space may be later reserved subject to our Tariff and the availability
of space on the flight requested.
3.3.6 In the event you do not show up for any flight, for which
you are holding a reservation, without advising us in advance, we
may cancel your return or onward reservations as shown in your Ticket.
However, if you do advise us in advance, we will not cancel your
subsequent flight reservations.
3.4 Name and Address of Carrier
Our name may be abbreviated to our Airline Designator Code, or otherwise,
in the Ticket. Our address shall be deemed to be the airport of
departure shown opposite the first abbreviation of our name in the
"carrier" box in the Ticket, or ,in the case of an Electronic
Ticket, as indicated for our first flight segment in the Itinerary/Receipt.
Article 4 - Fares, Taxes, Fees and Charges
4.1 Fares
Fares apply only for carriage from the airport at the point of origin
to the airport at the point of destination, unless otherwise expressly
stated. Fares do not include ground transport service between airports
or between airports and town terminals. Your fare will be calculated
in accordance with our Tariff in effect on the date of payment of
your ticket for travel on the specific dates and itinerary shown
on the Ticket. Should you change your itinerary or dates of travel,
this may affect the fare required to be paid.
4.2 Taxes, Fees and Charges
Applicable taxes, fees and charges imposed by government or other
authorities, or by the operator of an airport, shall be payable
by you. At the time you purchase your Ticket, you will be advised
of taxes, fees and charges not included in the fare, most of which
will normally be shown separately on the Ticket. The taxes, fees
and charges imposed on air travel are constantly changing and can
be imposed after the date of Ticket issuance. If there is an increase
in the applicable tax, fee or charge shown on the Ticket, you will
be obliged to pay it. Likewise, if a new tax, fee or charge is imposed
after Ticket issuance, you will be obliged to pay it. In the event
any taxes, fees or charges which you have paid to us at the time
of Ticket issuance are eliminated or reduced, such that they no
longer apply to you, or a lesser amount is due, you may be entitled
to a refund of any such taxes, fees or charges as have been eliminated
or reduced.
4.3 Currency
Fares, taxes, fees and charges are payable in the currency of the
country in which the Ticket is issued, unless another currency is
indicated by us or our Authorized Agent, at or before the time payment
is made. We may at our discretion, accept payment in another currency
due to, for example, the non-convertibility of local currency .
Article 5 - Reservations
5.1 Reservation Requirements
5.1.1 We or our Authorized Agent will record your flight reservation.
Upon request we will provide you with written confirmation of your
reservation.
5.1.2 Certain fares have conditions which limit or exclude your
right to change or cancel your reservations. For the individual
terms of our fares, please refer to our respective tariff conditions.
5.2 Ticketing Time Limits
If you have not paid for the Ticket prior to the specified ticketing
time limit, as advised by us or our Authorized Agent, we may cancel
your reservation.
5.3 Personal Data
You recognize that personal data has been given to us in connection
with your travel for the purposes of: making a reservation, purchasing
a Ticket, obtaining ancillary services, developing and providing
services, facilitating immigration and entry procedures, and making
available such data to government agencies. For these purposes,
you authorize us to retain and use such data and to transmit it
to our offices, Authorized Agents, government agencies, other Carriers
or the providers of the above-mentioned services.
5.4 No Particular Seat Requested or Assigned is Guaranteed
We will endeavor to honor advance seating request show, we cannot
guarantee any particular seat. We reserve the right to assign or
reassign seats at any time, even after boarding of the aircraft.
This may be necessary for operational, safety or security reasons.
5.5 Reconfirmation of Reservations
5.5.1 We do not require reconfirmation of existing reservations
for onward or return Air China flights. However, if other Carriers
require the Passenger to reconfirm onward or return reservations,
a failure to comply with any such requirement will entitle the concerned
carriers to cancel the onward or return reservation.
5.5.2 You should check the reconfirmation requirements of any other
Carriers involved in your journey. Where reconfirmation is required,
you must reconfirm with the Carrier whose designator code appears
for the flight in question on the Ticket.
Article 6 - Check-in and Boarding
6.1 Check-in Deadlines are different at every airport and we recommend
that you inform yourself about these Check-in Deadlines and comply
with them. Your journey will be smoother if you allow yourself ample
time to comply with the Check-in Deadlines. We reserve the right
to cancel your reservation if you do not comply with the Check-in
Deadlines. We or our Authorized Agents will advise you of the Check-in
Deadline for your first flight with us. For any subsequent flights
on your journey, you should inform yourself of the Check-in Deadlines.
Check-in Deadlines for our flights can be obtained from us or our
Authorized Agents.
6.2 You must be present at the boarding gate not later than the
time specified by us when you check-in.
6.3 We may cancel the space reserved for you if you fail to arrive
at the boarding gate by the time specified.
6.4 We will not be liable to you for any loss or expense incurred
due to your failure to comply with the provisions of this Article.
Article 7 - Refusal and Limitation of Carriage
7.1 Right to Refuse Carriage
In the exercise of our discretion, we may refuse to carry you or
your Baggage if we have notified you that we would not at any time
after the date of such notice carry you on our flights. In this
circumstance you will be entitled to a refund. We may also refuse
to carry you or your Baggage for any one or more of the following
reasons:
7.1.1 Such action is necessary to prevent a violation of any applicable
laws, regulations, or orders of any State to be flown from, to or
over;
7.1.2 The carriage of you or your Baggage may endanger or affect
the safety, health, convenience, comfort of other passengers or
crew members;
7.1.3 Your mental or physical state, including your impairment from
alcohol or drugs, presents a hazard or risk to yourself, passengers,
crew members, or property;
7.1.4 You have committed misconduct on a previous flight, and we
have reason to believe that such conduct may be repeated;
7.1.5 You have refused to submit to a security check;
7.1.6 You have not paid the applicable fare, taxes, fees or charges;
7.1.7 You do not appear to have valid travel documents or you may
seek to enter a country through which you may be in transit and
for which you do not have valid travel documents, or you destroy
your travel documents during flight, or you refuse to surrender
your travel documents to the flight crew, against receipt, when
requested;
7.1.8 You present a Ticket that has been acquired unlawfully, has
been purchased from an entity other than us or our Authorized Agent,
or has been reported as being lost or stolen, is a counterfeit,
or you cannot prove that you are the person named in the Ticket;
7.1.9 You have failed to comply with the requirements set forth
in Article 3.3 above concerning coupon sequence and use, or you
present a Ticket which has been issued or altered in any way, other
than by us or our Authorized Agent, or the Ticket is mutilated;
7.1.10 You fail to observe our instructions with respect to safety
or security;
7.1.11 You fail to observe the rules for non-smoking on board our
aircraft or the use of electronic equipment on board our aircraft;
7.1.12 You fail or refuse to obey the instructions of our crew members.
7.2 Special Assistance
7.2.1 Acceptance for carriage of unaccompanied children, incapacitated
persons, pregnant women, persons with illness or other people requiring
special assistance, is subject to prior arrangement with us. ?
7.2.2 Carriage of Children
Children who have not yet reached their 5th birthday may only travel
in the company of an adult of at least 18 years of age and not suffering
from any physical or mental incapacity or ailment.? Children accompanied
by an adult shall buy Tickets for the same class of service as the
accompanying adult. The carriage of unaccompanied minors between
the ages of 5 and 12 requires our prior consent, together with payment
of the ticket fare and service fee required by us. Regulations governing
the carriage of unaccompanied minors can be obtained from us.
7.3 Refund when Carriage Refused
A refund can be made to any person refused carriage or whose reservation
is cancelled for any reason specified in the preceding paragraphs
of Article 7 in accordance with Article 10.3.
Article 8 - Baggage
8.1 Free Baggage Allowance
You may carry some Baggage, free of charge, subject to our conditions
and limitations, which are available upon request from us or our
Authorized Agents.
8.2 Excess Baggage
You will be required to pay a charge for the carriage of Baggage
in excess of the free Baggage allowance. These rates are available
from us upon request.
8.3 Items Unacceptable as Baggage
8.3.1 You must not include in your Baggage, whether as Checked Baggage
or Unchecked Baggage:
8.3.1.1 items which are likely to endanger the aircraft or persons
or property on board the aircraft, such as those specified in the
International Civil Aviation Organization (ICAO) Technical Instructions
for the Safe Transport of Dangerous Goods by Air and the International
Air Transport Association (IATA) Dangerous Goods Regulations, and
in our regulations. The following items expressly are unacceptable
as Baggage: explosives, compressed gases, corrosives, oxidizing,
radioactive or magnetized materials, materials that are easily ignited,
poisonous, offensive or irritating substances, and similar items
as to which further information is available from us on request
8.3.1.2 items the carriage of which is prohibited by the applicable
laws, regulations or orders of any State to be flown from, through
or to;
8.3.1.3 items which are reasonably considered by us to be unsuitable
for carriage because they are dangerous, unsafe, or by reason of
their weight, size, shape or character, or which are fragile or
perishable having regard to, among other things, the type of aircraft
being used. Information about unacceptable items is available upon
request.
8.3.2 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. Firearms must be unloaded with the safety catch
on, and suitably packed as determined by us. Carriage of ammunition
is subject to ICAO and IATA regulations as specified in 8.3.1 and
also to the applicable laws, regulations or orders of any State
to be flown from through or to.
8.3.3 You must not include in your Checked Baggage money, jewellery,
precious metals, computers, personal electronic devices, negotiable
papers, securities or other valuables, prescribed medicine to be
taken regularly, business documents, passports and other identification
documents or samples.
8.3.4 If, despite being prohibited, any items referred to in 8.3.1,
8.3.2 or 8.3.3 are included in your Baggage, we shall not be responsible
for any loss damage or confiscation of any such item by the authorities.
8.4 Right to Refuse Carriage
8.4.1 We will refuse to carry as Baggage the items described in
8.3, and we may refuse further carriage of any such items upon discovery.
8.4.2 We may refuse to carry as Baggage any item considered by us
to be unsuitable for carriage because of its size, shape, weight,
content, character, or for safety or operational reasons, or for
the comfort and convenience of other passengers. Information about
such unacceptable items is available upon request.
8.4.3 We may refuse to accept Baggage for carriage unless it is
in our opinion, properly and securely packed in suitable containers.
Information about packing and suitable containers acceptable to
us is available upon request.
8.5 Right of Search
For reasons of safety and security we may request that you permit
a search and scan of your person and a search, scan or x-ray of
your Baggage. If you are not available, your Baggage may be searched
in your absence for the purpose of determining whether you are in
possession of or whether your Baggage contains any item described
in 8.3.1 or any firearms, ammunition or weapons, which have not
been presented to us in accordance with 8.3.2. If you are unwilling
to comply with such request we may refuse to carry you and your
Baggage. In the event a search or scan causes Damage to you, or
an x-ray or scan causes damage to your Baggage, we shall not be
liable for such Damage unless due to our fault or negligence.
8.6 Checked Baggage
8.6.1 Upon delivery to us of your Baggage which you wish to check
we will take custody of and issue a Baggage Identification Tag for
each piece of your Checked Baggage.
8.6.2 You should mark your name or other personal identification
on the inside and outside of the Checked Baggage.
8.6.3 Checked Baggage will, whenever possible, be carried on the
same aircraft as you, unless we decide for safety, security or operational
reasons to carry it on alternative flight. If your Checked Baggage
is carried on a subsequent flight we will deliver it to you, unless
applicable law requires you to be present for customs clearance.
8.7 Unchecked Baggage
8.7.1 We may specify maximum dimensions and/or weight for Baggage
which you carry on to the aircraft. If we have not done so, Baggage
which you carry onto the aircraft must fit under the seat in front
of you or in an enclosed over head storage compartment in the cabin
of the aircraft. If your Baggage cannot be stored in this manner,
or is of excessive weight, or is considered unsafe for any reason,
it must be carried as Checked Baggage.
8.7.2 Objects not suitable for carriage in the cargo compartment
of the aircraft, for example, delicate musical instruments, and
which do not meet the requirements in 8.7.1 above, will only be
accepted for carriage in the cabin of the aircraft if you have given
us notice in advance and permission has been granted by us. You
may have to pay a separate charge for this service.
8.8 Collection and Delivery of Checked Baggage
8.8.1 Subject to Article 8.6.3, you are required to collect your
Checked Baggage as soon as it is made available at your destination
or Stopover. Should you not collect it within a reasonable time,
we may charge you a storage fee. Should your Checked Baggage not
be claimed within three (3) months of the time it is made available,
we may dispose of it without further notice or any liability to
you.
8.8.2 Only the bearer of the Baggage Check and Baggage Identification
Tag is entitled to delivery of the Checked Baggage.
8.8.3 If the person claiming Checked Baggage is unable to produce
the Baggage Check and identify the Baggage by means of a Baggage
Identification Tag, we will deliver the Baggage to such person only
on condition that he or she establishes to our satisfaction his
or her right to the Baggage.
8.9 Animals
If we agree to carry your animals they will be carried subject to
the following conditions:
8.9.1 You must ensure that animals such as dogs, cats, household
birds and other pets, are properly crated and accompanied by valid
health and vaccination certificates, entry permits, and other documents
required by countries of entry or transit, failing which they will
not be accepted for carriage. We reserve the right to determine
the manner of carriage and to limit the number of animals which
may be carried on a flight. Such carriage may be subject to additional
conditions specified by us, which are available on request.
8.9.2 If accepted as Baggage, the animal, together with its container
and food, shall not be included in your free Baggage allowance,
but shall constitute excess baggage, for which you will be obliged
to pay the applicable charges.
8.9.3 Guide dogs accompanying Passengers with disabilities will
be carried free of charge in addition to the normal free baggage
allowance, subject to conditions specified by us, which are available
on request.
8.9.4 We are not responsible for injury to or loss, sickness or
death of an animal which we have agreed to carry unless we have
been negligent.
8.9.5 We will have no liability in respect of any such animal not
having all the necessary exit, entry, health and other documents
with respect to the animal's entry into or passage through any country,
state or territory and the person carrying the animal must reimburse
us for any fines, costs, losses or liabilities imposed or incurred
by us as a result of the absence or insufficiency of required documents
for such animal.
8.9.6 The Passenger is liable for all damages or injuries which
a pet might cause to other passengers or crew members.
Article 9 - Schedules, Delays and Cancellation
of Flights
9.1 Schedules
9.1.1 The flight times and aircraft types shown in timetables may
change between the date of publication and the date you actually
travel. We do not guarantee them to you and they do not form part
of your contract with us.
9.1.2 Before we accept your reservation for a flight, we will notify
you of the scheduled flight time in effect as of that time, and
it will be shown on your Ticket. It is possible we may need to change
the scheduled flight time subsequent to the issuance of your Ticket.
If you provide us with contact information, we will endeavor to
notify you of any such changes. If, after you purchase your Ticket,
we make a significant change to the schedule flight time, which
is not acceptable to you, and we are unable to book you on an alternate
flight which is acceptable to you, you will be entitled to a refund
in accordance with Article 10.2.
9.2 Cancellation, Rerouting, Delays, Etc.
9.2.1 We will take all measures that could reasonably be required
to avoid delay in carrying you and your baggage. We shall not be
liable if it proves that we took all measures that could reasonably
be required to avoid the damage or that it was impossible for us
to take such measures.
9.2.2 Except as otherwise provided by the Convention, if we cancel
a flight, fail to operate a flight reasonably according to the schedule,
fail to stop at your destination or Stopover, or cause you to miss
a connecting flight on which you hold a confirmed reservation, we
shall, at your option, either:
9.2.2.1 carry you at the earliest opportunity on another of our
scheduled services on which space is available without additional
charge and, where necessary, extend the validity of your Ticket;
or
9.2.2.2 within a reasonable period of time re-route you to the destination
shown on your Ticket by our own services or those of another carrier,
or by other mutually agreed means and class of transportation without
additional charge. If the fare and charges for the revised routing
are lower than what you have paid, we shall refund the difference;
or
9.2.2.3 make a refund in accordance with the provisions of Article
10.2.
9.2.3 Upon the occurrence of any of the events set out in Article
9.2.2 , except as otherwise provided by the Convention, the options
outlined in Article 9.2.2.1 through 9.2.2.3 are the sole and exclusive
remedies available to you and we shall have no further liability
to you.
9.2.4 If we are unable to provide previously confirmed space, we
shall provide compensation to the affected Passengers in accordance
with applicable law and our policy.
Article 10 - Refunds
10.1 We will refund a Ticket or any unused portion of a Ticket,
in accordance with our applicable fare rules or Tariff, as follows:
10.1.1 Except as otherwise provided in this Article, we 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 of such payment and satisfactory identification.
10.1.2 If a Ticket has been paid for by a person other than the
Passenger named in the Ticket, and the Ticket indicates that there
is a restriction on refund, we shall make a refund only to the person
who paid for the Ticket or to that person's order.
10.1.3 Except in the case of lost Tickets, refunds will only be
made on surrender to us of the Passenger Coupon, Passenger Receipt
and surrender of all unused Flight Coupons.
10.2 Involuntary Refunds
10.2.1 If we cancel a flight, fail to operate a flight reasonably
according to schedule, fail to stop at your destination or Stopover,
or cause you to miss a connecting flight on which you hold a reservation,
the amount of the refund shall be:
10.2.1.1 if no portion of the Ticket has been used, an amount equal
to the fare paid;
10.2.1.2 if a portion of the Ticket has been used, the refund will
be not less than the difference between the fare paid and the applicable
fare for travel between the points for which the Ticket has been
used, provided that the refund shall not exceed the total fare paid.
10.3 Voluntary Refunds
10.3.1 If you are entitled to a refund of your Ticket for reasons
other than those set out in 10.2, the amount of the refund shall
be:
10.3.1.1 if no portion of the Ticket has been used, an amount equal
to the fare paid, less any reasonable service charges or cancellation
fees;
10.3.1.2 if a portion of the Ticket has been used, the refund will
be an amount equal to the difference between the fare paid and the
applicable fare for travel between the points for which the Ticket
has been used, less any reasonable service charges or cancellation
fees.
10.4 Refund on Lost Ticket
10.4.1 If you lose your Ticket or portion of it, upon furnishing
us with satisfactory proof of the loss, and payment of a reasonable
administration charge, refund will be made one year after the ticket
issuing date or the travel commencement date, on condition:
10.4.1.1 that the lost Ticket, or portion of it, has not been used,
previously refunded or replaced, (except where the use, refund or
replacement by or to a third party resulted from our own negligence);
10.4.1.2 that the person to whom the refund is made undertakes,
in such form as may be prescribed by us, to repay to us the amount
refunded in the event of fraud and/or to the extent that the lost
Ticket or portion of it is used by a third party (except where any
fraud or use by a third party resulted from our own negligence).
10.4.2 If we or our Authorized Agent lose the Ticket or a portion
of the Ticket, the loss shall be our responsibility.
10.5 Right to Refuse Refund
10.5.1 We may refuse a refund where application is made after the
expiry of the validity of the Ticket.
10.5.2 We may refuse a refund on a Ticket which has been presented
to us, or to Government officials, as evidence of intention to depart
from a country, unless you establish to our satisfaction that you
have permission to remain in the country or that you will depart
from that country by another carrier or another means of transport.
10.6 Currency
We reserve the right to make a refund in the same manner and in
the same currency as was used to pay for the Ticket.
10.7 By whom Ticket Refundable
Voluntary refunds will be made only by the carrier which originally
issued the Ticket or by its agent if so authorized.
10.8 Refund to Credit Card or Debit Card Accounts
Refund for Tickets paid with credit cards or debit cards can only
be credited to the card account originally used for the Ticket purchase.
The refundable amount to be paid by us will be in accordance with
the rules within this article only, on the basis of the amount originally
paid by you and the currency entered in the Ticket. The refundable
amount to be credited to the credit card or debit card account of
the card owner can vary from the originally debited amount by the
card company for the Ticket due to differences in currency conversion.
Such variances do not entitle the recipient of the refund to a claim
against us.
Article 11 - Conduct Aboard Aircraft
11.1 General
If, in our judgment, you conduct yourself aboard the aircraft so
as to endanger the aircraft or any person or property on board,
or obstruct the crew in the performance of their duties, or fail
to comply with any instructions of the crew including but not limited
to those with respect to smoking, alcohol or drug consumption, or
behave in a manner which causes or threatens to cause discomfort,
inconvenience, damage or injury to other passengers or the crew,
we may take such measures as we deem reasonably necessary to prevent
continuation of such conduct, including restraint. You may be disembarked
and refused onward carriage at any point and you may be prosecuted
for offences committed on board the aircraft.
11.2 Electronic Devices
For safety reasons, we may forbid or limit operation aboard the
aircraft of any electronic equipment, including, but not limited
to, cellular telephones, laptop computers, portable recorders, portable
radios, CD players, electronic games or transmitting devices, including
radio controlled toys and walkie-talkies. Operation of hearing aids
and heart pacemakers is permitted.
11.3 Non-Smoking Flights
All our flights are non-smoking flights. Smoking is prohibited in
all areas of the aircraft.
11.4 Seat Belts Compulsory
While in your seat on board the aircraft, you have the obligation
to fasten your seat belt during the entire flight.
Article 12 - Arrangements for Additional Services
12.1 If we make arrangements for you with any third party to provide
any services other than carriage by air, or if we issue a ticket
or voucher relating to transportation or services (other than carriage
by air) provided by a third party, such as ground transportation,
hotel reservations or car rental, we do so only as your agent and
we take no responsibility for the availability or the quality of
such services. The terms and conditions of the third party service
provider will apply.
12.2 If we provide ground transportation for you, these Conditions
of Carriage shall not apply to such ground transportation.
Article 13 - Administrative Formalities
13.1 General
13.1.1 You are responsible for obtaining all required travel documents
and visas and for complying with all laws, regulations, orders,
demands and travel requirements of countries to be flown from, into
or through which you transit.
13.1.2 We shall not be liable for the consequences to any Passenger
resulting from his or her failure to obtain such documents or visas
or to comply with such laws, regulations, orders, demands, requirements,
rules or instructions.
13.2 Travel Documents
Prior to travel, you must present all exit, entry, health and other
documents required by law, regulation, order, demand or other requirement
of the countries concerned, and permit us to take and retain copies
thereof. We reserve the right to refuse carriage if you have not
complied with these requirements, or your travel documents do not
appear to be in order.
13.3 Refusal of Entry
If you are denied entry into any country, you will be responsible
to pay any fine or charge assessed against us by the Government
concerned and for the cost of transporting you from that country.
The fare collected for carriage to the point of refusal or denied
entry will not be refunded by us.
13.4 Passenger Responsible for Fines, Detention Costs, Etc.
If we are required to pay any fine or penalty or to incur any expenditure
by reason of your failure to comply with laws, regulations, orders,
demands or other travel requirements of the countries concerned
or to produce the required documents, you shall reimburse us on
demand any amount so paid or expenditure so incurred. We may apply
towards such payment or expenditure the value of any unused portion
of your Ticket, or any of your funds in our possession. In your
own interests, be aware to observe the regulations of each country
you intend to travel to, from or through.
13.5 Customs Inspection
If required, you shall attend inspection of your Baggage by customs
or other Government officials. We are not liable to you for any
loss or damage sustained by you in the course of such inspection
or through your failure to comply with this requirement.
13.6 Security Inspection
You shall submit to any security checks required or requested by
Governments, airport officials, Carriers or by us. We are not responsible
for any injury caused to you during or as a result of such security
checks or for any loss or damage to any of your personal property
as a result of such security checks, unless caused by our fault.
Article 14 - Successive Carriers
Carriage to be performed by us and other Carriers under one Ticket,
or a Conjunction Ticketis regarded as a single operation for the
purposes of the Convention. However, your attention is drawn to
Article 15.1.
Article 15 - Liability for Damage
15.1 These Conditions of Carriage govern our liability to you. The
Conditions of Carriage of each other Carrier involved in your journey
govern its liability to you.
15.2 We will be liable only for Damage occurring during carriage
on flights or flight segments where our Airline Designator Code
appears in the carrier box of the Ticket for that flight or flight
segment. If we issue a Ticket or if we check Baggage for carriage
on another carrier, we do so only as agent for the other carrier.
Nevertheless, with respect to Checked Baggage, you may make a claim
against the first or last carrier shown on the Ticket or Baggage
Check.
15.3 We are not liable for any Damage caused to you and arising
from our compliance with applicable laws or Government rules and
regulations, or from your failure to comply with the same.
15.4 Except where specific provision otherwise is made in these
Conditions, we shall be liable to you only for recoverable compensatory
Damage for proven losses and costs in accordance with the Convention.
15.5 Any liability we have for Damage will be reduced or exempted
by any negligence on your part which causes or contributes to the
Damage in accordance with applicable law.
15.6 The contract of carriage, including these Conditions of Carriage
and exclusions or limits of liability, applies to our Authorized
Agents, servants, employees and representatives to the same extent
as they apply to us. The aggregate amount recoverable from us and
from our Authorized Agents, employees, representatives and persons,
shall not exceed the amount of our own liability, if any.
15.7 Nothing in these Conditions of Carriage shall waive any exclusion
or limitation of our liability under the Convention or applicable
law unless expressly so stated.
15.8 We are not responsible for any illness, injury or disability,
including death, attributable to your physical condition or for
the aggravation of any condition of yours.
15.9 We are not liable for any Damage caused by your Baggage or
its contents. You shall be responsible for any Damage caused by
your Baggage or its contents to other people and property, including
other Baggage or contents and our property.
15.10 We shall have no liability whatsoever for Damage to articles
not permitted to be contained in Checked Baggage under Article 8.3
of these Conditions of Carriage.
15.11 International Carriage as defined in the Convention, is subject
to the liability rules of the Convention. Where International Carriage
is not subject to the liability rules of the Convention, our liability
for any Damage with respect to the carriage of Passengers and Baggage,
shall be as set forth in the Montreal Convention.
Article 16 - Time Limits for Complaints
16.1 Acceptance of Baggage by the bearer of the Baggage Check without
complaint at the time of delivery is sufficient evidence that the
Baggage has been delivered in good condition and in accordance with
the contract of carriage, unless you prove otherwise.
16.2 If your Checked Baggage is damaged, you must complain in writing
to us immediately upon your discovery of the Damage and at the latest,
within seven Days from the date you received the Checked Baggage.
16.3 If your Checked Baggage is delayed, you must complain in writing
to us within 21 Days at the latest of the Checked Baggage being
made available to you.
16.4 If no complaint is made within the time specified in Article
16.2 and 16.3, no action shall lie against us.
Article17 - Miscellaneous Conditions
17.1 Carriage of you and your Baggage is also provided in accordance
with certain other regulations and conditions applying to or adopted
by us. These other regulations and conditions are varied from time
to time and are important. They concern, among other things, the
carriage of unaccompanied minors, pregnant women, sick passengers,
restrictions on use of electronic devices, the on board consumption
of alcoholic beverages, etc. These regulations and conditions are
available from us upon request.
17.2 These Conditions of Carriage apply to transportation between
Mainland China and Hong Kong/Macao SAR.
17.3 The title of each Article of these Conditions of Carriage is
for convenience only and is not to be used for interpretation of
the text.
17.4 These Conditions of Carriage are done in the Chinese and English
languages, both texts being equally authentic.
Article18 - Effectiveness and Modification
18.1 These Conditions of Carriage come into effect December 1, 2007.
18.2 We have the right to modify these Conditions of Carriage, regulations
of carriage, Tariffs and charges without prior notice. This kind
of modification does not apply to carriage that has already begun
prior to such modification.
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