Published Thursday, September 1, 2016
General Conditions of International Carriage for Passenger and Baggage
Article 1 Definitions
As used in these Conditions, except as otherwise required or expressly defined herein, the following terms shall have the meanings ascribed below:
1.1 “Convention” means one kind of treaties which shall be concluded by and among three or more countries in respect of certain political or specific issues. As used herein, the term means the treaties on International Air Transport concluded by the People’s Republic of China, including but not limited to:
1.1.1 Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal on May 28, 1999 (abbr. the Montreal Convention);
1.1.2 Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on October 12, 1929 (abbr. the Warsaw Convention);
1.1.3 Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on October 12, 1929, signed at The Hague on September 28, 1955 (abbr. The Hague Protocol)
1.1.4 Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo, Japan on September 14, 1963 (abbr. the Tokyo Convention)
1.2 “International Air Transport” means carriage in which, according to the contract of carriage, the place of departure, the place of destination or any Agreed Stopping Place, whether or not there is a break in the transportation or a transfer, is not situated in the People’s Republic of China.
1.3 “Regional Route Air Transport” means carriage between or among certain places within the People’s Republic of China, including Hong Kong Special Administrative Region, Macau Special Administrative Region and Taiwan.
1.4 “CEAIR” means the abbreviation of China Eastern Airlines Corporation Limited, with the English Code: MU.
1.5 “Carrier” means the air carrier issuing the ticket and all air carriers that carry or undertake to carry the Passenger and his/her Baggage thereunder.
1.6 “Issuing Carrier” means the airline showing its accounting code on flight coupons or value coupons of Electronic Tickets. The Issuing Carrier shall be the controlling and authorized entity of the Electronic Ticket sales.
1.7 “Marketing Carrier” means the airline showing its airline code on flight coupons or value coupons of Electronic Tickets. In case of a bilateral agreement (e.g. an airline code sharing agreement), the Marketing Carrier may not be the Operating Carrier.
1.8 “Operating Carrier” means the airline performing all or part of a contract of carriage.
1.9 “Regulation of CEAIR” means the provisions, other than these Conditions, governing carriage of Passengers and their Baggage published by CEAIR with immediate effect as of the issuance of Tickets, including the valid and applicable fares.
1.10 “CEAIR Passenger Sales Agent” means an enterprise authorized by and on behalf of CEAIR to sell the products of passenger carriage by air within the scope of authority.
1.11 “CEAIR Ground Services Agent” means an enterprise authorized by and on behalf of CEAIR to provide ground agent services of Passenger and Baggage carriage by air within the scope of authority.
1.12 “Passenger” means any person, except members of the crew, carried or to be carried in an aircraft with the consent of CEAIR.
1.13 “Child Passenger” means a Passenger who has reached his/her second birthday but not his/her 12th birthday as of the date of commencement of carriage by air.
1.14 “Infant Passenger” means a Passenger who has reached his/her 14 Days of age but not his/her second birthday as of the date of commencement of carriage by air.
1.15 “Group Passenger” means a Passenger in a group of 10 or more persons (or the minimum number of Passengers required in certain product), having the same itinerary, boarding dates and flights with the other Passengers in the group and paying the same Fares for Passengers in the group.
1.16 “Tariff” means fares, charges and/or any other applicable conditions published by CEAIR.
1.17 “Normal Fare” means the highest fare for adults published by CEAIR in local currency for a First Class, Business Class and Economy Class service.
1.18 “Special Fare” means the fare lower than a Normal Fare and subject to service limitations.
1.19 “Passenger Reservation Document” means the business document used for reservation and issuance of a Ticket by CEAIR or a CEAIR Passenger Sales Agent, which must be filled in by a Passenger before purchasing a Ticket.
1.20 “Reservation” means a reservation made for the seat and cabin class booked by a Passenger or the weight and size of Baggage.
1.21 “Valid Identification Certificates” means the documents produced by a Passenger when purchasing a Ticket and checking-in so as to prove his/her identification as prescribed by competent governmental authorities (e.g. a valid (visa) passport, travel document of a Hong Kong, Macau or Taiwan resident, seaman's book, etc.).
1.22 “Ticket” means the record of carriage sold or recognized by and vesting the carriage right with CEAIR or a CEAIR Passenger Sales Agent, including paper Tickets and Electronic Tickets.
1.23 “Interline Ticket” means a Ticket on the services of two or more flights.
1.24 “Conjunction Ticket” means a Ticket issued to a Passenger concurrently in conjunction with another Ticket and which together constitute a single contract of carriage.
1.25 “Fixed Ticket” means a Ticket with the flight and boarding date fixed and the seat confirmed.
1.26 “Open Ticket” means a Ticket with the flight and boarding date unfixed and the seat unconfirmed.
1.27 “Flight Coupon” means a portion of a paper Ticket that indicates two travel points between which the coupon is “good for carriage.”
1.28 “Passenger Coupon” means that portion of a paper Ticket marked with “Passenger Coupon”, which shall be retained by the Passenger at all times.
1.29 “Electronic Ticket” means a Ticket in electronic data sold by CEAIR or a CEAIR Passenger Sales Agent and is the electronic substitute for a paper Ticket.
1.30 “Air Services Electronic Ticket Itinerary” (hereinafter referred to as the “Itinerary”) means the document produced by CEAIR or a CEAIR Passenger Sales Agent to a Passenger as a payment voucher for purchase of an Electronic Ticket and a reminder of the Passenger’s itinerary.
1.31 “Day” means a calendar day rather than a working day, including all seven days of a week. The issuance day of a Ticket or the commencement day of a carriage shall not be counted in the case of determining duration of validity of a Ticket, and that the issuance day of notice shall not be counted in the case of notifying a Passenger.
1.32 “No-show” means a Passenger’s failure to get on board due to his/her failure to check-in within the prescribed time limit or to comply with the requirements for travel documents.
1.33 “Missing Flight” means a Passenger’s failure to board on the designated flight after the check-in at the place of departure or during the stay at the stopping place.
1.34 “Wrong Plane” means a Passenger’s boarding on a wrong aircraft rather than the one indicated on the Ticket.
1.35 “Misconnection” means a Passenger’s failure, due to the delay or cancellation of flight, to catch the connecting flight in which he/she holds a confirmed seat so as to continue the journey.
1.36 “Overbooking” means a selling of seats in excess of the maximum seating capacity on the flight.
1.37 “Volunteer” means a Passenger who has presented himself for boarding under the conditions of CEAIR, and responds positively to CEAIR's call for passengers prepared to surrender their reservation in exchange for benefits.
1.38 “Refusal to Transport” means a situation in which CEAIR refuses to transport a Passenger and his/her Baggage due to security or other reasons.
1.39 “Code Share Flight” means a flight operated by a Carrier on which CEAIR uses its airline code through agreement, or a flight on which several airlines use their flight numbers respectively.
1.40 “Baggage” means such articles and other personal property of a Passenger as are necessary or appropriate for wear, use, comfort or convenience in connection with his/her trip, including both Checked Baggage and Unchecked Baggage of the Passenger.
1.41 “Checked Baggage” means Baggage of which CEAIR takes custody and carriage and for which CEAIR has issued a Baggage Check.
1.42 “Unchecked Baggage” means Baggage other than Checked Baggage attended by the Passenger.
1.43 “Free Baggage Allowance” means the baggage allowance of a Passenger’s Checked Baggage free of charge according to the Regulation of CEAIR.
1.44 “Baggage Check” means the portion of a Ticket which is related to the baggage carriage for a Passenger.
1.45 “Identification/Claim Baggage” means the document issued to a Passenger by CEAIR solely for identification of Checked Baggage.
1.46 “Assistive Device for Individual with a Disability Passenger” means any piece of equipment that assists a Passenger with a disability to cope with the effects of his or her disability. Such devices are intended to assist a Passenger with a disability to hear, see, communicate, maneuver, or perform other functions of daily life, and may include medical devices and medications.
1.47 “Check-in Closes Time” means the latest time for a Passenger to check in as prescribed by CEAIR.
1.48 “Departure Time” means the time after which Passengers have boarded on the flight, Baggage and cargo have been loaded and all cabin doors have been shut down.
1.49 “Flight Delay” shall be constituted when the chock is put on the wheels of the aircraft 15 minutes later than the scheduled arrival time.
1.50 “Flight Departure Delay” shall be constituted when the chock is removed from the wheels of the aircraft 15 minutes later than the scheduled departure time.
1.51 “Flight Cancellation” means the termination of a flight schedule due to the estimated or actual delay of the same flight.
1.52 “Tarmac Delay” means a situation where the period during which passengers are on board an aircraft on the tarmac awaiting takeoff after the aircraft doors have been closed or awaiting deplaning after the aircraft has landed is longer than the permitted time period for ground taxiing by the airport.
1.53 “Massive Flight Delay” means a multitude of passengers detained at the airport due to delay or cancellation of a certain number of departure and/or arrival flights within a certain period of time. The Massive Flight Delay of an airport shall be determined by the competent airport authorities according to the number of flights, the service capacity of such airport and other factors.
1.54 “Force Majeure” means the unforeseeable, unavoidable and insurmountable objective circumstance, the consequence of which still cannot be shunned after all reasonable measures have been taken.
1.55 “Voluntary Refund” means a refund made in the event the Passenger fails to finish the journey according to the contract of carriage due to his/her own reasons.
1.56 “Involuntary Refund” means a refund made in the event the Passenger fails to finish the journey according to the contract of carriage because of early departure, delay or cancellation of flight, or change in itinerary, or inability to provide previously confirmed seat of CEAIR.
1.57 “Change Fees” means fees paid by a Passenger who voluntarily changes his/her flight or boarding date subject to applicable conditions of the original Ticket and these Conditions.
1.58 “Damage” means loss caused to a Passenger during carriage by CEAIR due to death of or bodily injury to such Passenger on board the aircraft or during the course of getting on or getting off the flight; or loss or any other damage caused during which all or part of property is taken custody by CEAIR; or loss caused to Unchecked Baggage attended by a Passenger due to CEAIR or its agent’s fault.
1.59 “Special Drawing Rights (SDRs)” mean a kind of reserve assets and unit of account defined by the International Monetary Fund (IMF), representing a claim to currency allocated by IMF to IMF member countries for which they may be exchanged. As a kind of unit of account rather than a currency, SDRs must be exchanged into a currency before use, and cannot be used directly for payments under trade or non-trade items. SDRs are supplementary to the ordinary drawing rights defined by IMF.
1.60 “Stopover” means a deliberate interruption of a 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 CEAIR.
1.61 “Agreed Stopping Place” means the place, except the place of departure and the place of destination, set forth in the Ticket or shown on CEAIR’s timetables as a scheduled stopping place on the Passenger’s route.
1.62 “Minimum Connecting Time” means the minimum time published by CEAIR for a Passenger to stay at the stopping airport to process formalities for interline carriage or transfer of flights.
Article 2 Scope of Application
2.1 General Principles
2.1.1 These Conditions apply to all International Air Transport and Regional Route Air Transport of Passengers and Baggage performed by CEAIR aircrafts for remuneration.
2.1.2 These Conditions also apply to carriage under gratuitous fares and Special Fares, unless otherwise prescribed for the carriage conditions of gratuitous fares and Special Fares.
2.2 Chartered Aircrafts
In the case of carriage provided by the CEAIR contract of chartered aircrafts, these Conditions only apply to the extent where they are covered in the contract of chartered aircrafts and the provisions on the ticket of chartered aircrafts.
2.3 Code Share
In accordance with code share arrangements between CEAIR and other Carriers, these Conditions only apply to carriage of Code Share Flights operated by CEAIR.
2.4 Rules of Effectiveness
The General Conditions of International Carriages for Passenger and Baggage of China Eastern Airlines Corporation Limited and the Tariff rules of CEAIR shall come into force upon the issuance of all the Tickets. If such issuance time has not been determined, these Conditions and Tariff rules of CEAIR shall come into force as of the commencement date of carriage indicated in the first Ticket (paper Ticket or Electronic Ticket).
2.5 Overriding Law
Under the circumstance that any provision hereunder is contrary to any applicable laws, administrative regulations, rules and orders of a nation, except for those inconsistent provisions, the validity of the remaining provisions hereunder shall not be affected.
Article 3 Tickets
3.1 General Provisions
3.1.1 The Ticket constitutes prima facie evidence of the contract of carriage between CEAIR and the Passenger.
3.1.2 CEAIR or CEAIR Passenger Sales Agents shall fulfill the obligation to issue a Ticket to a Passenger only after the Passenger has paid the fare in full as required by CEAIR.
3.1.3 CEAIR will only provide carriage service to the Passenger named on the Ticket and may request the Passenger to provide his/her Valid Identification Certificates (see Article 1.21 herein).
3.1.4 The Ticket is non-assignable.
3.1.5 If a Passenger travelling on a Paper Ticket fails to produce a valid Ticket issued pursuant to the Regulation of CEAIR containing the Flight Coupon for the intended flight and all other unused Flight Coupons and Passenger Coupons, such Passenger has no right to request for boarding. A Passenger who produces an incomplete Ticket or a Ticket that has been changed by a person other than CEAIR or CEAIR Passenger Sales Agents also has no right to request for boarding.
3.1.6 A Passenger travelling on an Electronic Ticket shall produce his/her Valid Identification Certificates used for purchase of the Ticket. If the electronic Flight Coupon is displayed as valid, CEAIR will provide carriage; if the Electronic Ticket has been converted into a Paper Ticket, CEAIR will provide carriage to the Passenger only after the Passenger produces the valid and complete Paper Ticket.
3.1.7 The Ticket shall be used in sequence as specified on the Ticket, starting from the place of departure. Failure to use the Flight Coupons in the aforesaid sequence will result in the refusal of CEAIR to provide carriage.
3.1.8 The flight segments and the class of service shall be indicated on each Flight Coupon and shall be accepted by CEAIR for carriage after the seat and the commencement date of the flight are confirmed. In the case of Flight Coupons with seats unconfirmed, CEAIR will make Reservations for the Passengers, upon their applications, subject to the applicable conditions and fares of the Tickets held by the Passengers and the availability of seat capacity on the flight.
3.1.9 The Passenger shall finish all the itineraries indicated on the Ticket within the duration of validity of the Ticket.
3.1.10 In the case of an international and regional Interline Ticket containing a domestic flight segment, the Flight Coupon of the domestic flight segment can be used directly without being converted to a domestic Ticket.
3.1.11 A Ticket shall be invalid in the event of any alteration made by any person other than CEAIR, CEAIR Passenger Sales Agents or CEAIR Ground Services Agents.
3.2 Duration of Validity of Tickets
3.2.1 A Ticket shall be valid for a one-year period, except for Special Fare Tickets, from the commencement date of the first carriage, or from the issuance date of the Ticket if the Ticket has not been used.
3.2.2 Duration of validity of Special Fare Tickets shall be subject to the applicable conditions of such Special Fare as prescribed by CEAIR.
3.2.3 Duration of validity of Tickets shall begin from the zero hour of the day immediately after the commencement of travel or issuance of a Ticket to the zero hour of the day immediately after expiry of the duration of validity.
3.3 Extension of Duration of Validity
3.3.1 If a Passenger fails to travel within the duration of validity of the Ticket due to any of the following reasons, the duration of validity of the Ticket shall be extended to a soonest date in which the seats of the same class as purchased by the Passenger are available in a CEAIR flight:
18.104.22.168 CEAIR cancels the flight on which a Passenger holds a confirmed seat;
22.214.171.124 CEAIR cancels an Agreed Stopping Place, which is the place of departure, place of destination or a Stopover point of a Passenger;
126.96.36.199 CEAIR fails to properly operate a flight according to schedule;
188.8.131.52 CEAIR causes a Passenger’s failure to catch a connecting flight;
184.108.40.206 CEAIR fails to provide a Passenger with the seat confirmed in advance.
3.3.2 If a Passenger, who has commenced his/her travel, fails to continue to travel within the duration of validity of the Ticket by reason of illness, such Passenger shall provide a certificate of diagnosis issued by a domestic Grade II Class A hospital or above (or a foreign hospital, clinic or medical center).
220.127.116.11 CEAIR may extend the duration of validity of the Ticket held by such Passenger to the date when the Passenger becomes fit to travel according to the certificate of diagnosis issued by doctors or to a soonest date after the aforesaid date in which the seats of the same class as purchased by the Passenger are available in a CEAIR flight. If a Ticket contains several Flight Coupons or the Flight Coupon of an Electronic Ticket combines one or more Stopover points, the duration of validity of such Ticket can be extended for no more than ninety (90) Days as of the date when the Passenger becomes fit to travel as indicated on the certificate of diagnosis issued by doctors.
18.104.22.168 CEAIR may extend the Tickets of the Passengers (2 persons at most) accompanying the sick Passenger to the same duration of validity as the sick Passenger.
3.3.3 In the event of death of any Passenger en route, the duration of validity of the Tickets held by the Passengers accompanying the defunct Passenger can be extended provided that any such extension shall be made upon receipt of the death certificate and the extended duration of validity of the Ticket shall be no longer than forty-five (45) Days from the date of the Passenger’s death.
3.3.4 If a Passenger is required to change any content of the carriage owing to a Force Majeure event, CEAIR will make every effort within a reasonable scope to carry the Passenger to the Stopover point or the place of destination indicated on the original Ticket without making any readjustment to the fare.
3.4 Loss and Mutilation of Paper Ticket
3.4.1 In the case of loss or mutilation of a Ticket or any part thereof held by a Passenger, such Passenger shall apply for reporting the loss of the Ticket to CEAIR in writing within the duration of validity of the Ticket.
3.4.2 When reporting the loss of the Ticket, the Passenger is required to produce his/her Valid Identification Certificates and a photocopy or fax copy of the issuer coupon of the lost Ticket. If the Passenger entrusts any other person for application, the applicant is required to produce his/her valid identification certificates together with the Valid Identification Certificates of the Passenger and any other materials and evidence as required by CEAIR.
3.4.3 CEAIR is not liable for any loss caused by any other person’s misuse or refund without permission of the Ticket before the application for reporting the loss of the Ticket.
3.4.4 In the case of loss of a Ticket, the Passenger’s application for reissuing a new Ticket shall be submitted within three (3) working days before the scheduled departure time of his/her flight, and any materials and evidence as specified in these Conditions shall be concurrently provided to CEAIR. After verifying the materials and evidence, CEAIR may reissue a new Ticket for the scheduled flight and charge fees for the reissuance of the Ticket if the following conditions are satisfied:
22.214.171.124 The Passenger shall fill in a Reissuance/Refund Application Form for Lost Ticket of CEAIR;
126.96.36.199 The Passenger shall declare and agree to indemnify any and all losses so caused to CEAIR, including any losses due to any other person’s misuse or refund without permission and any necessary litigation cost.
3.4.5 In the case of the lost Ticket unverified and unapproved, CEAIR has the right to refuse the reissuance of a new Ticket. In this case, the Passenger can only repurchase a new Ticket so as to get on board.
3.4.6 A reissued Ticket is irrevocable and non-refundable.
3.4.7 Tickets cannot be reissued in case of loss of any Open Ticket.
3.4.8 If a lost Ticket has not been misused or refunded without permission within thirty (30) Days after the expiry of the duration of validity thereof, CEAIR may make a refund and charge certain fees for the refund accordingly.
3.4.9 A Ticket cannot be used and refunded upon the application for reporting the loss. If the Passenger retrieves the lost Ticket or is informed of the whereabouts of the lost Ticket, the Passenger shall promptly inform the acceptance department of Ticket loss reports. If the Passenger retrieves the Ticket within the duration of validity thereof, the Passenger may make a refund at the acceptance department of Ticket loss reports.
3.5Use Sequence of Flight Coupons
3.5.1The Passenger shall finish all the itineraries listed on the Ticket within the duration of validity thereof.
3.5.2If the first Flight Coupon of a Ticket has not been used and the Passenger requests for commencing his/her travel from a Stopover point or an Agreed Stopping Place, CEAIR has the right to refuse to accept such Ticket. Such Ticket may be refunded in accordance with Article 11.5 hereof.
Article 4 Fares, Taxes and Charges
4.1 Applicable Fares
4.1.1 A fare refers to the fare for carriage by air from the airport at the place of departure to the airport at the place of destination, not including ground transportation service fees generated from within the area of airport, between terminals, between airports or between airports and downtowns, civil aviation development fund, bunker adjustment surcharge, and any other taxes and charges imposed by the country of destination on the Passenger.
4.1.2 A fare refers to the applicable fare of the designated flight at the time that the Passenger purchases a Ticket. If CEAIR makes any adjustment to the fare after selling a Ticket, the fare paid by the Passenger for the purchase of the Ticket shall remain unchanged.
4.1.3 A child Ticket shall be purchased for a Child Passenger with a fare at an appropriate ratio of the Normal Fare for an adult, and CEAIR will provide the Child Passenger with a seat.
4.1.4 An infant Ticket shall be purchased for an Infant Passenger with the equivalent of 10% of the Normal Fare for an adult, and CEAIR will not provide the Infant Passenger with a seat. If the Infant Passenger is required to occupy a seat separately, the fare equivalent to a child fare shall be paid instead. If an adult Passenger carries more than one infant, the fare equivalent to a child fare shall be paid for each of the excess infants, and CEAIR will provide seats to such Infant Passenger holding a child Ticket.
4.1.5 The Passenger paying for Special Fares shall abide by the conditions applicable to such Special Fares.
4.2 Payment of Fares
4.2.1 Fares shall be paid by Passengers in the currency of the country where Passengers are located and subject to the payment method as required by CEAIR. Unless otherwise agreed by CEAIR and the Passenger, fares shall be paid in cash.
4.2 In the case that fares received by CEAIR are out of line with the applicable fare or are mistakenly calculated, the deficiency of fares shall be supplemented by Passengers or the overcharge thereof shall be returned by CEAIR.
4.3 Taxes and Charges
To the extent permitted by applicable laws, any taxes or charges imposed by governments, relevant authorities or airport operators shall be paid by the Passenger and will be listed on the Ticket respectively and CEAIR will inform the Passenger before his or her purchase of the Ticket of such taxes and /or charges which are not included in the normal fare.
Fares, taxes and charges shall be payable in any currency acceptable to CEAIR. When payment is made in a currency other than the currency in which the fare is published, such payment will be made at the rate of exchange ascertained by the country on the date of payment as notified by CEAIR.
Article 5 Reservations and Purchase of Tickets
5.1 General Requirements
5.1.1 A Passenger planning to take a CEAIR flight shall book a seat with CEAIR or a CEAIR Passenger Sales Agent. A Reservation will be confirmed and valid only if the Passenger has produced relevant information and identification certificates as required by CEAIR and CEAIR has accepted the request for a specific flight designated by the Passenger.
5.1.2 If a Passenger fails to pay for the booked Ticket within the prescribed time limit, CEAIR may cancel his/her Reservation.
5.1.3 CEAIR shall reserve the seats booked by Passengers within the time limit provided for or agreed in advance by CEAIR, and shall provide Passengers with seats in the confirmed flight and class of services.
5.1.4 Passengers shall comply with the Minimum Connecting Time respectively prescribed by any relevant airport or Carrier when booking seats on interline flights; if the transfer time is out of line with the flight transfer time standards, CEAIR will not accept the Reservations.
5.1.5 CEAIR may impose restrictions on certain fares in order to limit or exclude Passengers’ rights to change or cancel Reservations.
5.1.6 CEAIR may suspend Reservations of a certain flight if necessary.
5.2 Personal Information
5.2.1 A Passenger acknowledges the accuracy of his/her personal information provided to CEAIR and will assume any liabilities resulting from the inaccuracy of any information so provided. Such personal information is provided for the purpose of making Reservations, purchasing Tickets and obtaining relevant transportation services. CEAIR is authorized by the Passenger to retain and transmit the personal information to relevant governmental authorities at the place of destination, departments of CEAIR, other relevant Carriers or service providers.
5.2.2 A Passenger shall use the same Valid Identification Certificates when checking in and boarding as that used for Reservations and/or purchase of Tickets.
5.3 Reservation Priority
5.3.1 CEAIR is entitled to prioritize the Reservations with respect to important Passengers, emergency rescue, salvage, or any other Passengers in need of priority recognized by CEAIR.
5.3.2 Passengers who involuntarily change their itineraries may enjoy reservation priority provided that certain seats are available on the flight.
5.3.3 Passengers holding Tickets of which seats are unconfirmed on all or part of the Flight Coupons have no right to request for reservation priority when making Reservations.
5.3.4 Passengers holding Tickets of which seats have been confirmed on all or part of the Flight Coupons have no right to request for reservation priority when making changes in Reservations.
5.4 Reconfirmation of Reservations
5.4.1 Passengers do not need to reconfirm the confirmed seats on onward or return flights of CEAIR.
5.4.2 In an interline carriage, if a Passenger fails to reconfirm the seats on an onward or return flight as required by any Carrier other than CEAIR, such Carrier is entitled to cancel the Reservations on such onward or return flights made by the Passenger.
5.4.3 Passengers shall check the seat reconfirmation requirements of any relevant Carrier and process the seat reconfirmation formalities with Carriers who introduce their airline codes on Tickets.
5.5 Cancellation of Reservations
5.5.1 If a Passenger fails to purchase a Ticket within the time limit as prescribed or agreed in advance by CEAIR, the Reservation of seats will not be retained, including seats on an originating flight, onward flight or return flight.
5.5.2 Any change or cancellation of a Reservation by a Passenger shall be produced within the time limit as prescribed by CEAIR. Any change or cancellation of a Reservation shall comply with the restriction conditions (if any) imposed on the fare.
5.6 Purchase of Tickets
5.6.1 Passengers may purchase Tickets at the ticket offices of CEAIR, CEAIR Passenger Sales Agents, on the official website of CEAIR (www.ceair.com), on the mobile website of CEAIR (m.ceair.com), or the mobile App of CEAIR. Passengers may also make inquiries and purchase Tickets through the CEAIR Hotline (95530).
5.6.2 A Passenger shall complete the Passenger Reservation Document with his/her Valid Identification Certificates in order to purchase Tickets; in the case of purchasing Tickets through websites, the mobile App or CEAIR Hotline, a Passenger shall produce information to CEAIR as required, including his/her Valid Identification Certificates, contact number, etc.; the Passenger shall be liable for the authenticity of the foregoing information. The Passenger shall ensure that the Valid Identification Certificates used for purchasing Tickets are consistent with those used during check-in.
5.6.3 Valid Documents evidencing the birth dates of children and infants shall be produced for purchase of child and infant Tickets.
5.6.4 A Passenger in the following conditions shall produce a valid diagnosis certificate and fill in the Flight Application Form for a Special Passenger Named [X] upon CEAIR’s consent before purchasing Tickets:
188.8.131.52 The Passenger who is pregnant for more than 32 weeks; or
184.108.40.206 The Passenger who is travelling in a stretcher or incubator;
220.127.116.11 The Passenger who needs medical oxygen during a flight; or
18.104.22.168 The Passenger whose medical condition is such that there is a reasonable doubt that the individual can complete the flight safely, without requiring extraordinary medical assistance during the flight.
The diagnosis certificates shall be issued by a domestic Grade II Class A hospital or above (or a foreign hospital, clinic or medical center) within 48 hours before the travel. The diagnosis certificate presented by a Passenger with serious disease (cardiovascular, cancer, acute trauma, etc.) shall remain effective for 24hours. A Passenger with 32 to 36 weeks of pregnancy must present a duly signed or sealed diagnosis certificate issued within 72 hours before the travel. A Passenger with more than 36 weeks of pregnancy shall not purchase Tickets.
5.6.5 Each Passenger shall respectively hold his/her own Ticket.
5.6.6 If a Passenger pays the fare within the agreed ticketing time limit, CEAIR or a CEAIR Passenger Sales Agent is responsible for issuing the Ticket.
5.6.7 A Passenger who has paid the fare shall collect and verify the information on the Ticket or the Itinerary.
5.6.8 If a Passenger requests for reserving the seat due to special circumstances, upon CEAIR’s consent, the Passenger shall purchase the Ticket within the ticketing time limit indicated in the reservation records.
5.6.9 A child under 5 years of age shall be accompanied by an adult with full capacity for civil conduct; if a child who has reached 5 years of age but under 12 years of age wishes to take a flight accompanied, such child shall apply for carriage of unaccompanied children to CEAIR first and may purchase a Ticket upon CEAIR’s consent. An infant under 14 Days of age will not be accepted by CEAIR for carriage.
5.6.10 An adolescent Passenger between 12 and 15 years of age may take a flight alone, or may apply for carriage of unaccompanied children if necessary. A Passenger under 18 years of age shall not carry an infant or child alone.
5.7 Ticketing Time Limits
If a Passenger fails to pay the fare within the ticketing time limit specified by CEAIR after the Reservation, CEAIR or any CEAIR Passenger Sales Agent may cancel the Reservation.
5.8 Seats Arrangement
CEAIR reserves the right to reassign the seats which have been occupied by Passengers after boarding due to flight or security reasons. (Please see Article 7.2 hereof)
Article 6 Overbooking
6.1 According to the practice of carriage by air, CEAIR may conduct proper Overbooking for flights with certain seats easily wasted as the case may be. In the event of Overbooking, CEAIR will notify the Passengers of the Overbooking situation, compensation plans and rights enjoyed by the Passengers before the Passengers check in.
6.2 In the event of Overbooking, CEAIR will properly compensate the Volunteers of Denied Boarding according to the compensation plans and arrange suitable flights or make refunds as required by them. Under the circumstances that not enough Passengers voluntarily give up boarding of the flight, CEAIR will refuse carriage of certain Passengers according to priority boarding rules ascertained by CEAIR.
6.3 If the Passengers being refused decide to continue the journey, CEAIR will arrange such Passengers to take the soonest flight in corresponding classes, and make appropriate compensation in line with relevant provisions based on the original flight and the delayed time.
Article 7 Check-in and Boarding
7.1 General Provisions
7.1.1 Check-in Closes Time is different at every airport and Passengers must arrive at the airport within the time limit specified by CEAIR and go through formalities of verifying the Ticket, checking Baggage and obtaining the boarding pass with his/her Valid Identification Certificates and Ticket on time.
7.1.2 In avoidance of the Flight Departure Delay, CEAIR may cancel the confirmed seat of a Passenger who fails to arrive at CEAIR’s check-in counter or boarding gate or fails to produce his/her Valid Identification Certificates or carriage document. CEAIR shall not be liable for any losses or expenses caused by the Passenger’s failure to comply with the provisions of this Article.
7.1.3 CEAIR shall start check-in no later than 150 minutes before the scheduled Departure Time of the flight indicated on the Ticket, and close check-in 45 minutes before the scheduled Departure Time of the flight indicated on the Ticket, unless otherwise announced.
7.1.4 CEAIR and CEAIR Ground Services Agents shall open check-in counters on time and duly process check-in formalities. Passengers and their Baggage must go through a security check before boarding the aircraft.
7.1.5 As for the commencement and closing of check-in for any onward connecting flight during the interline carriage, Passengers shall make inquiry with the Operating Carrier.
7.2 Seat Arrangements on the Aircraft
7.2.1 Besides providing Passengers with the seats according to the confirmed flight and class of services, CEAIR will endeavor to satisfy Passengers’ request for seat category in the same class of services but will not guarantee a particular seat on the aircraft requested by any Passenger.
7.2.2 To ensure flight safety, seats near the aircraft’s emergency exits shall be specifically arranged by CEAIR.
7.2.3 For the purposes of operations, safety or security, CEAIR reserves the right to assign or reassign the seats on the aircraft at any time, even after Passengers get on board the aircraft and/or are seated on the aircraft.
7.3 No-show of Passengers
7.3.1 If a No-show occurs, a Passenger holding a Normal Fare Ticket shall change the flight or make a refund at the airport of departure or the original ticketing place.
7.3.2 If a Passenger requests to take a subsequent flight upon the occurrence of No-show, CEAIR will arrange a seat for and charge certain fees to the Passenger as prescribed by the Regulation of CEAIR provided that there are available seats in the subsequent flight; if the Passenger requests for a refund, CEAIR may charge refund fees according to conditions applicable to such Ticket.
7.3.3 If a No-show occurs, a Passenger holding a Special Fare Ticket shall be subject to the applicable conditions to such Ticket.
7.4 Missing Flight of Passengers
7.4.1 In the event of Missing Flight due to a Passenger’s reasons, the refund requested by the Passenger shall be subject to the provisions on No-show.
7.4.2 In the event of Missing Flight due to CEAIR’s reasons, CEAIR shall arrange the soonest subsequent flight for the Passenger to take, or process as specified in Article 11.4 of Involuntary Refunds under these Conditions.
7.5 Wrong Plane of Passengers
7.5.1 If a Passenger gets on board a wrong flight, CEAIR will arrange such Passenger to travel on the soonest flight to the place of destination listed on the Passenger’s Ticket, with no overcharge to be returned or deficiency to be charged.
7.5.2If the Passenger’s Wrong Plane occurs due to CEAIR’s reasons, CEAIR shall arrange the Passenger to travel on the soonest subsequent flight. The refund requested by the Passenger shall be subject to Article 11.4 of Involuntary Refunds under these Conditions.
7.6 Misconnection of Passengers
In the case of Misconnection of the Passenger caused by CEAIR during an interline carriage, CEAIR, as a preceding Operating Carrier, shall arrange for the Passenger at the connecting point.
7.7.1 Passengers shall arrive at the boarding gate within the time limit as specified by CEAIR according to the important notices on the boarding pass.
7.7.2 CEAIR will cancel the Reservation made by a Passenger who fails to comply with Article 7.7.1 hereof and fails to get on board the aircraft within the specified time limit before the closing of the aircraft door. CEAIR shall not be liable for any losses so caused to the Passenger.
Article 8 BAGGAGE
8.1 General Provisions
8.1.1 Items Unacceptable as Baggage
Items specified in the Technical Instructions for the Safe Transport of Dangerous Goods by Air of the International Civil Aviation Organization (ICAO) and the Dangerous Goods Regulations of the International Air Transport Association (IATA), items the carriage of which are prohibited by the laws, regulations or orders of the People's Republic of China, or items which are likely to endanger the aircraft or people or property on the aircraft as specified in the Regulation of CEAIR.
A Passenger shall not place in his/her Baggage or carry on to the cabin the following items, or otherwise CEAIR will refuse to provide carriage to the Passenger:
22.214.171.124 Items that do not constitute Baggage as defined in Article 1.40 of these Conditions;
126.96.36.199 Dangerous goods (including without limitation):
(2) Gas, including flammable gas, inflammable and nontoxic gas, and toxic gas;
(3) Flammable liquid;
(4) Flammable solid, spontaneous combustible substance; substance that will release flammable gas in contact with water;
(5) Oxidizer and organic peroxide;
(6) Toxic substance and infectious substance;
(7) Radioactive substance;
(8) Corrosive substance;
(9) Miscellaneous dangerous goods.
188.8.131.52 Firearms, ammunition, or military or police equipments (including key components), except those satisfying the requirements provided for in Article 184.108.40.206 of these Conditions.
(1) Military guns or guns for official use: handgun, rifle, submachine gun, machine gun, baton gun, etc.
(2) Civil guns: air gun, anesthesia gun, etc.
(3) Other guns: sample gun, prop gun, etc.
(4) Military equipments or police equipments: spontoon, military or police dagger or bayonet, etc
(5) Guns or equipments prohibited by the PRC: Ball gun, tear gas gun, taser, defibrillator, or defense device;
(6) Imitation of foregoing items.
220.127.116.11 Controlled Knives
Knives listed in the Interim Provisions on Controlling Certain Knives promulgated by the Ministry of Public Security, including daggers, knives with three edges (including fluted scraper used in machine work), knives with self-lock device, backswords similar with but longer than daggers, knives with double edges, and other similar backswords, knives with double edges, sharp knives with three edges, except those satisfying the requirements provided for in Article 18.104.22.168 of the Conditions;
22.214.171.124 Other Items
(1) Items which are unsuitable for carriage by reason of their weight, size, package, shape or character;
(2) Live animals: wild animals or/and animals with strange shape or easily to attack humans (i.e. snake);
(3) Fresh perishable items with obvious peculiar smell, such as durian, etc;
(4) Items easily to defile the aircraft;
(5) Magnetic substance;
(6) Substance which makes people anesthetized or unpleasant, or substance with other similar nature;
(7) Items unsuitable for carriage according to national laws and regulations or the Regulation of CEAIR.
126.96.36.199 Items prohibited from exiting from, entering into, or transiting in, relevant countries according to laws, regulations or orders of such countries.
8.1.2 Items Unacceptable as Checked Baggage
A Passenger shall not include or place in Checked Baggage the following items: items which need specific custody, such as cash, negotiable instrument, valuable securities, bill of exchange, fragile or vulnerable items, perishable items, jewelry, precious metal or articles thereof, gold and silver articles, antiques and valuable paintings, videos which are out of print, presswork or manuscripts which are out of print, samples and valuables, important documents and materials, diplomatic envelopes, travelling documents, computers and accessories, and personal communication devices and accessories, personal digital devices and accessories, etc., and prescribed drug that needs to be taken regularly. Please see liability for damage specified in Articles 18.3.4 and 18.3.8 hereof.
8.1.3 Restricted Items on Carriage
188.8.131.52 Blunt, cold steel or similar items other than controlled knives may be carried as Checked Baggage, provided that the package of the foregoing items shall be appropriate; and the foregoing items may not be carried into cabin.
184.108.40.206 Medicines or cosmetics which are necessary during the journey, such as drugs containing alcohol, hair conditioner or perfume.
220.127.116.11 Dry ice intended for perishable items.
18.104.22.168 Alcoholic beverage.
22.214.171.124 Toy guns shall be carried as Checked Baggage, and may not be carried into the cabin.
126.96.36.199 Precise instrument, electronics, metals or batch objects shall be carried as cargo. Free Baggage Allowance does not apply to such items.
188.8.131.52 Liquid, gels and aerosols hand-carried by each Passenger shall be put in the container the capacity of which is no more than 100 ML separately, and the total volume of the foregoing items shall not exceed 1 L.
184.108.40.206 The electric wheelchair used by the Passenger during the journey.
220.127.116.11 Firearms and ammunition for hunting and sporting purpose may be carried as Checked Baggage with the firearms carriage license or the approval issued by relevant authorities of the State Council, but may not be carried into the cabin as Unchecked Baggage or carry-on items. Firearms must be unloaded with the safety catch on, and suitably packed. The carriage of ammunition shall be dealt with pursuant to relevant regulations on dangerous goods transportation.
18.104.22.168 Bulky musical instruments are not suitable to be carried as cargo. For the bulky musical instrument whose weight and size exceed the allowance of Unchecked Baggage, such musical instrument shall be charged separately as cabin-seat Baggage in the passenger cabin, and be taken care of by the Passenger.
22.214.171.124 Lithium battery may not be carried as Checked Baggage.
8.1.4 Please visit the CEAIR’s official website (www.ceair.com), the mobile website of CEAIR (m.ceair.com), the mobile App of CEAIR, or inquire with CEAIR Hotline 95530 to find more information on restricted items on carriage.
8.2 Checked Baggage
8.2.1 Upon delivery to CEAIR of Baggage to be checked, CEAIR will issue an Identification/Claim Baggage for each piece of Checked Baggage.
8.2.2 A Passenger shall attach his/her name or other personal mark to the Checked Baggage before checking it in.
8.2.3 Checked Baggage will be carried on the same aircraft as the Passenger, unless special circumstance occurs, under which CEAIR will explain the situation to the Passenger and will carry it on a subsequent flight if the space on that flight is available.
8.2.4 Checked Baggage must be well packed with suitcase or other proper container, locked and bound, and must be able endure a certain amount of pressure, and can be safely loaded, unloaded and carried under normal operation conditions; CEAIR may refuse to carry as Checked Baggage, and/or not liable for damages or losses of, Baggage whose package does not meet the requirements.
8.2.5 Each Checked Baggage must not exceed 32kg in weight and the three dimensions shall not exceed 40cm, 60cm and 100cm. The carriage of Baggage exceeding the foregoing limit shall be subject to the prior consent of CEAIR.
8.3 Unchecked Baggage
8.3.1 Each Unchecked Baggage must not exceed 10kg in weight and the three dimensions shall not exceed 25cm, 45cm and 56cm respectively. The sum of the three dimensions of each piece shall not exceed 115cm.
8.3.2 Unchecked Baggage should be stowed under the seat in front of the Passenger or in an enclosed storage compartment in the cabin. Items exceeding the allowance of weight or size provided for in Article 8.3.1 hereof may not be carried into the cabin.
8.3.3 Each First Class Passenger is allowed to carry on up to two pieces of Unchecked Baggage; each Business Class or Economy Class Passenger is allowed to carry on up to one piece of Unchecked Baggage.
8.3.4 The Unchecked Baggage which exceeds the aforesaid allowance of weight, amount, or size shall be checked as Checked Baggage.
8.4 Free Baggage Allowance
8.4.1 The free carry-on or checked baggage allowance for each passenger is subject to the CEAIR regulations as updated and published from time to time.
126.96.36.199 The free baggage allowance is calculated by two systems: weight and piece.
188.8.131.52 When piece system applies, the free baggage allowance for a passenger (adult or child) is prescribed below: (1) for a first-class or business-class passenger, each checked baggage must not exceed 32 kg in weight and the sum of its three dimensions shall not exceed 158cm; and (2) for an economy-class passenger, each checked baggage shall not exceed 23kg in weight and the sum of its three dimensions shall not exceed 158cm. For an infant passenger, each checked baggage shall not exceed 23kg in weight and the sum of its three dimensions shall not exceed 115cm. In addition, each infant is allowed one checked stroller free of charge.
8.4.2 When two or more Passengers, traveling as one group to the same place of destination by the same flight, check their Baggage at the same place, the Passengers shall be permitted a total Free Baggage Allowance equal to the combination of their individual Free Baggage Allowance ascertained by their respective fares and categories.
8.4.3 When a Passenger takes the flight with different concepts in the Free Baggage Allowance, the Free Baggage Allowance shall be calculated based on the standards of limited weight or pieces indicated in the Ticket.
8.4.4 Where a voluntary change of itinerary is made, a Passenger shall be entitled to the Free Baggage Allowance applicable to the class of services shown on the Ticket after the change of itinerary.
8.4.5 Where an involuntary change of class is made, a Passenger shall be entitled to the Free Baggage Allowance applicable to the class of services shown on the original Ticket.
8.4.6 Free Baggage Allowance for an interline carriage shall be calculated according to the Regulation of CEAIR and relevant regulations of International Air Transport Association (IATA).
8.4.7 Small animals (except for service dogs carried by a Passenger with a disability) as well as their containers and food to be carried shall not be covered by Free Baggage Allowance. They can only be carried as excess baggage. The Passenger shall pay for the weight of small animals as well as their containers and food based on the applicable excess baggage charge rate.
8.4.8 Assistive Device for Individual with a Disability Passenger (including but not limited to wheelchairs) shall not be covered under the Free Baggage Allowance, and may be carried free of charge.
8.5 Excess Baggage Charge
8.5.1 The excess baggage means that portion by which the Checked Baggage and Unchecked Baggage exceed the Free Baggage Allowance. Passengers shall pay for excess baggage.
8.5.2 An excess baggage ticket will be issued to the Passenger in the case that excess baggage is charged.
8.5.3 Excess Baggage Charge Rate
184.108.40.206 Weight concept: every kilogram in excess will be charged on the basis of 1.5% of the Ticket fare applicable to the adult in the Economy Class of one-way direct flight on the boarding date.
220.127.116.11 Piece concept: excess baggage charge rate will be calculated on the applicable fixed charge rate published in the Passenger Air Tariff (PAT) of International Air Transport Association (IATA).
18.104.22.168 The charges will be received in the currency of the local country or region, with the number before decimal point left and mantissa rounded up.
8.6 Declaration of Baggage Value
8.6.1 A Passenger may declare a value for Checked Baggage in excess of USD 20 per kilogram.
8.6.2 The declared value of the Checked Baggage shall not exceed the actual value of such Baggage. The maximum declared value of Baggage for each Passenger is USD 2,500 (A Passenger may purchase any other commercial insurance to cover the Baggage value in excess of such maximum). CEAIR may refuse the acceptance and carriage of the Baggage if CEAIR disagrees with the declared value or the Passenger refuses to accept to be checked.
8.6.3 CEAIR will introduce a surcharge for the declared value of Baggage of 5‰ of the amount in excess of the limitation provided in Article 8.6.1 with the Baggage declared value. Such surcharge shall be denominated in Renminbi (Yuan), the decimal places of which shall be rounded-off.
8.6.4 CEAIR shall only accept the Baggage declared value with respect to the Checked Baggage of CEAIR’s flights.
8.6.5 CEAIR will not accept the Baggage declared value with regard to Unchecked Baggage, carry-on items, small animals and cabin-seat Baggage.
8.6.6 The Baggage declared value will not be counted into Free Baggage Allowance.
For the purpose of safety and security, CEAIR may conduct a security check, scan or X-ray inspection to a Passenger’s Baggage jointly with any other competent department, during which the Passenger shall be on the spot; CEAIR will not be liable for any damage attributable to the Passenger’s absence after being notified of the Baggage Check. If a Passenger refuses to accept to be checked, CEAIR may refuse to carry such Passenger or his/her Baggage.
8.8 Acceptance of Baggage
8.8.1 A Passenger shall check Baggage with a valid Ticket, and CEAIR will fill in the pieces and/or weight of the Checked Baggage in his/her Ticket and Baggage Check.
8.8.2 CEAIR will only accept Baggage during check-in on the date of flight departure. A Passenger may request CEAIR to accept Checked Baggage in advance after obtaining CEAIR’s consent in advance.
8.8.3 CEAIR shall attach a baggage tag to each piece of the Passenger’s Checked Baggage and offer the Identification/Claim Baggage thereof to the Passenger.
8.8.4 If any Checked Baggage is likely to give rise to any dispute on carriage liability, CEAIR may attach a baggage tag with a disclaimer to such Checked Baggage with the Passenger’s written consent; CEAIR will not be liable for any damage caused to such Baggage during carriage; if not, CEAIR may refuse the carriage of such Baggage.
8.8.5 Assistive Device for Individual with a Disability Passenger shall not, except for the part which has been damaged prior to the Passenger’s delivery for carriage, be entered into a disclaimer.
8.9 Small Animals
8.9.1 Carriage of dogs, cats, domesticated birds and other small animals can be accepted provided that a Passenger introduces such carriage to CEAIR when making the Reservation and CEAIR’s consent has been obtained in advance. Carriage of small animals shall be processed by successive Carriers subject to the consents from successive Carriers concerned. Small animals shall be properly crated and accompanied by valid health and vaccination certificates and documents required by countries of entry and transit. The Passenger shall be liable for the authenticity of the aforesaid documents, including but not limited to any penalty or loss so incurred to the Passenger or CEAIR.
8.9.2 Small animals can only be loaded in cargo bay during carriage. A Passenger shall carry and check small animals at the airport on the date of flight departure.
8.9.3 Small animals, together with the containers and food, shall not be counted into Free Baggage Allowance of the Passenger. (Please see Article 8.4.7 hereof)
8.9.4 Except for any fault attributable to CEAIR, a Passenger shall be fully liable for any illness, escape, injury or death of the checked small animals during carriage.
8.9.5 The containers for small animals shall be subject to CEAIR’s requirements.
8.9.6 Assistance dogs, guide dogs and hearing dogs may be carried with the Passengers with a disability in the cabin subject to CEAIR’s carriage conditions. Assistance dogs, guide dogs and hearing dogs, along with their containers and food, can be carried free of charge and will not be counted into Free Baggage Allowance.
8.9.7 CEAIR may limit the number of small animals to be checked and determine the carriage of small animals for each aircraft.
8.9.8 A Passenger shall be fully liable for any and all damage or injury to any other Passenger or CEAIR which may be caused by small animals, including assistance dogs, guide dogs and hearing dogs.
8.10 Diplomatic Envelopes
8.10.1 Diplomatic envelopes shall be carried with and attended by diplomatic couriers. As requested by diplomatic couriers, diplomatic envelopes can also be checked as Checked Baggage, provided that CEAIR will be liable, in accordance with the liabilities for normal Checked Baggage, for any Damage or loss of diplomatic envelopes during carriage.
8.10.2 Diplomatic envelopes and Baggage carried by diplomatic couriers may be weighed collectively or separately; Baggage in excess of Free Baggage Allowance shall be subject to Article 8.5 of excess baggage charge under these Conditions.
8.10.3 Request for cabin seats for placing diplomatic envelopes can be accepted provided that a Passenger introduces such request to CEAIR when making the Reservation and CEAIR’s and other relevant Carriers’ consents have been obtained in advance.
8.10.4 Diplomatic envelopes in each seat shall not exceed 75 kilograms in total weight and 40×60×100cm in total size. No Free Baggage Allowance shall be granted to any cabin-seat diplomatic pouch, Tariff shall be calculated in the following way and the higher figure shall be paid:
22.214.171.124 The actual weight of cabin-seat diplomatic envelopes shall be translated into the excess Baggage and be calculated according to the provisions on excess Baggage;
126.96.36.199 The seats occupied by diplomatic envelopes shall be translated into the fares of the same class and be calculated according to the places of departure and destinations during carriage.
8.10.5 This Article hereof shall apply to confidential documents carried by confidential transportation personnel.
8.11 Unacceptable Baggage
If any item unacceptable for baggage carriage or prohibited articles, dangerous articles prescribed by any country or restricted articles without CEAIR’s permission for carriage is included in the Baggage of any Passenger, the whole piece of Baggage will be regarded as unacceptable baggage. CEAIR will dispose of such unacceptable baggage in the following ways:
8.11. CEAIR may refuse to carry unacceptable baggage upon discovery at the place of departure; if the carriage has commenced, CEAIR has the right to cancel continued carriage and the charges paid for excess Baggage will not be refunded.
8.11.2 CEAIR shall stop carrying unacceptable baggage upon discovery at a stopping place. The unacceptable baggage may be handed over to the local customs or competent authorities. Any expenses arising therefrom shall be borne by the Passenger and the charges paid for excess Baggage will not be refunded.
8.11.3 Any prohibited articles, restricted articles or dangerous articles prescribed by any relevant country shall be turned in to the competent governmental authorities upon discovery of any unacceptable baggage.
8.12 Return of Baggage
8.12.1 If a Passenger requests for return of Baggage at the place of departure, the Passenger shall introduce such request to CEAIR before Baggage being loaded. If a Passenger applies for a refund, the accepted Baggage shall also be returned.
8.12.2 If a Passenger requests for return of Baggage at a stopping place, such request may be accepted unless time does not permit; but the charges paid for excess Baggage during the unused flight segments will not be refunded.
8.12.3 In the case of return of Baggage with value declared, a surcharge paid for the Baggage declared value will be refunded if the return of Baggage is made at the place of departure, but will not be refunded if the return of Baggage is made at a stopping place.
8.12.4 If a Passenger is arranged to switch to other flights due to CEAIR’s reasons, carriage of his/her Baggage shall be adjusted accordingly. Overcharge or deficiency for the charges of excess Baggage will be returned or supplemented by CEAIR, but the surcharge paid for the Baggage declared value will not be refunded.
8.13 Delivery of Checked Baggage
8.13.1 A Passenger shall promptly claim his/her Baggage by producing the Identification/Claim Baggage at the airport upon the flight arrival. The Ticket shall be presented and checked if necessary.
8.13.2 Unless otherwise as stipulated by laws, the Checked Baggage shall be presumed to have been delivered in good condition according to the contract of carriage if the Passenger fails to propose any written claim upon delivery.
8.13.3 CEAIR will deliver Baggage according to the Identification/Claim Baggage and is under no obligation to ascertain whether or not the person who collects the Baggage is the Passenger, and any loss or cost so caused shall be borne by the Passenger.
8.13.4 If the Passenger fails to produce the Identification/Claim Baggage when collecting Baggage, such Passenger shall provide sufficient evidence to prove his/her ownership to the Baggage. CEAIR may require the Passenger to issue an undertaking if necessary, in which the Passenger shall commit to assume any loss or cost which may be incurred CEAIR with regard to the delivery of the aforesaid Baggage.
8.13.5 If a Passenger fails to collect his/her Baggage in a timely manner, CEAIR will charge the Passenger for baggage custody fees from the date after the Baggage arrival. CEAIR may to dispose of the perishables in the Passengers’ Baggage 24 hours after the Baggage arrival for the sake of public health.
8.13.6 In the case of delay of Baggage, CEAIR shall promptly notify the Passenger for collection or directly deliver to the Passenger upon arrival unless the Passenger is required to process the customs formalities or the inspection and quarantine formalities in person on the spot according to applicable laws.
8.13.7 If the Baggage has not been collected within ninety (90) Days from the date after the Baggage arrival, CEAIR may dispose of such Baggage as an ownerless baggage and will not be liable for any loss to the Baggage.
8.13.8 Checked Baggage may only be delivered at:
188.8.131.52 The place of destination indicated on the Ticket;
184.108.40.206 The first Stopover point during the carriage;
220.127.116.11 The connecting place where the Passenger is switched to a continuing flight run by any other Carrier who has not entered into an interline carriage agreement with CEAIR or applies different provisions on carriage of Baggage from those of CEAIR;
18.104.22.168 The destination of the interline flight with a confirmed seat;
22.214.171.124 The arrival airport of the connecting place of the interline flight;
126.96.36.199 The place where the Passenger is required to collect all the Baggage;
188.8.131.52 The place indicated on the Ticket where the charge for the excess Baggage has been paid up;
184.108.40.206 The place where the customs formalities shall be processed before the carriage can be continued as prescribed by relevant countries.
8.14 Compensation for Baggage
8.14.1 In the event of any delay, loss or damage to Baggage during carriage, CEAIR and CEAIR Ground Services Agents shall fill in the Irregular Baggage Carriage Records or Baggage Damage Records along with the Passenger and shall reply to the Passenger regarding the investigation result in a timely manner. Any claim for Baggage compensation can be proposed at the place of departure, stopping places or the place of destination.
8.14.2 If the Checked Baggage fails to arrive in the same aircraft with the Passenger due to CEAIR’s reasons and such failure causes any inconvenience to a non-resident Passenger, CEAIR will pay a compensation for temporary articles for daily use to such Passenger according to the Regulation of CEAIR.
Article 9 Flight Schedules, Delays and Cancellations
9.1 The flight schedule and aircraft types shown in timetables or any other documents only refer to the scheduled flight times and aircraft types but not the guaranteed flight times and aircraft types, and will not constitute part of the contract of carriage entered into between CEAIR and the Passengers.
9.2 CEAIR will use its best efforts to properly carry a Passenger and Baggage in accordance with the published schedule in effect on the date of travel. CEAIR will when accepting a Passenger’s Reservation of seats and/or purchase of Tickets notify the Passenger of the flight times which will also be showed on the Tickets.
9.3 After issuance of the Tickets, CEAIR may make changes in the scheduled flight time. CEAIR will notify the Passengers of the changes in the flight schedule through the contact details provided by the Passengers. If the Passengers cannot accept such changes in the flight schedule made by CEAIR and CEAIR fails to arrange another alternative flight which is acceptable to the Passengers, the Passengers may apply for a refund in accordance with Article 11.4 on Involuntary Refunds under these Conditions.
9.4 Except in the case of damage caused by CEAIR’s imprudent act or omission attributable to CEAIR’s intention or full awareness of such damage, CEAIR will not be liable for any mistake or omission in the flight timetable or any other published schedules. CEAIR will not be liable for any interpretation on time or date of departure or arrival, or carriage of any flight adopted by CEAIR’s employees, agents or representatives.
9.5 Rerouting, Delays and Cancellation of Flights
CEAIR will take every necessary measure to avoid any delay in carrying a Passenger and the Passenger’s Baggage. CEAIR will not be liable if CEAIR has taken every necessary measure or it is not possible for CEAIR to take such measures to avoid such delay.
9.6 If any of the following circumstances occurs, CEAIR may, without notice in advance, change aircraft type or flight routes, or cancel, suspend, postpone or defer any flight, subject to Article 9.7 hereof:
9.6.1 In order to comply with laws, administrative regulations, orders and requirements of any country;
9.6.2 In order to ensure safe operation of a flight;
9.6.3 Any other reasons beyond CEAIR’s control or unpredictable by CEAIR.
9.7 Due to any reason prescribed in Article 9.6, if CEAIR cancels or causes any flight delayed, fails to provide Passengers with the reserved seats (including the classes), fails to stop at the Passenger’s stopping place or destination, or causes a Passenger to miss a connecting flight on which the Passenger has a confirmed seat, CEAIR shall, considering the Passenger’s reasonable requests, take any of the following measures at the Passenger’s choice:
9.7.1 CEAIR will arrange the subsequent non-stop flights with available seats for the Passenger or extend the duration of validity of the Passenger’s Ticket free of charge.
9.7.2 CEAIR will make a change in the flight shown on the original Ticket and arrange other CEAIR’s flights to carry the Passenger to the destination or stopping place, any overcharge for the fare or the excess Baggage will be returned but any deficiency thereof shall not be supplemented;
9.7.3 The Passenger will be endorsed to other Carriers after agreed by the Passenger and the endorsed Carrier;
9.7.4 As prescribed in Article 11.4 on Involuntary Refunds under these Conditions.
9.7.5 Food, accommodation, ground transport and other services shall be provided in accordance with Article 9.11, and Article 13.1 to Article 13.6 of these Conditions.
9.8 If any circumstance in Article 9.6 hereof occurs, the remedies provided for from Articles 9.7.1 to 9.7.4 shall be all the alternative remedies available to a Passenger provided that CEAIR may be required to assume any other liability as prescribed by applicable laws and provisions under these Conditions (Please see Article 19.2 and 19.3 hereof).
9.9 CEAIR may, at its reasonable discretion and for purpose of operation demands, change or cancel the stopping places indicated in the Tickets or schedules, and substitute any other Carrier or aircraft without notice in advance.
9.10 In the event of reduction in carrying capacity which is not attributable to CEAIR, CEAIR may, at its reasonable discretion, refuse to carry any part of Passengers or Baggage. Under such circumstance, CEAIR shall provide such Passengers with subsequent carriage service, Ticket changes or refunds service according to the Regulation of CEAIR, but shall not assume any other liability.
9.11 Assistance in Irregular Flights
9.11.1 If any Flight Departure Delay or Flight Cancellation occurs due to any reason of aircraft maintenance, flight deployment, business or crew, CEAIR and CEAIR Ground Services Agents shall provide the flight dynamic information to the Passengers and arrange food and/or accommodation services for the Passengers. Any cost incurred therefrom will be borne by CEAIR and such services may be independently provided by any person other than CEAIR.
9.11.2 If any delay or cancellation occurs due to any reason of aircraft maintenance, flight deployment, business or crew, CEAIR and CEAIR Ground Services Agents shall make compensation to each Passenger of such flight in the amount of: a) CNY 200 if the flight is delayed for 4 hours or more but less than 8 hours, or b) CNY 400 if the flight is delayed for 8 hours or more.
9.11.3 If any Flight Departure Delay or Flight Cancellation occurs due to any reason which is not attributable to CEAIR, including weather, emergency (including mechanical failure undermining flight safety), air traffic control, security check and Passengers, CEAIR and CEAIR Ground Services Agents shall provide the flight dynamic information to the Passengers and assist the Passenger in arranging food and/or accommodation services, and any cost so incurred will be borne by the Passenger.
9.11.4 If any Flight Departure Delay or Flight Cancellation occurs, CEAIR, the airline ticket agents or the ground services agents shall provide services for Passengers in need of special care including passengers with disability, seniors, pregnant women and unaccompanied children with priority.
9.11.5 In the event of Tarmac Delay, CEAIR shall provide the flight dynamic information including the reason for and the estimated time period of such delay to the Passengers every 30 minutes. CEAIR will provide operable lavatory facilities provided that the flight safety is not compromised. Adequate food and potable water will be provided when the Tarmac Delay lasts for 2 hours or more. Passengers shall be deplaned when the Tarmac Delay lasts for 3 hours or more with no specific time of departure, provided that such deplane is not in violation of any regulations on aviation safety and security.
9.11.6 If any CEAIR’s flight is delayed or cancelled at a stopping place for reasons whatsoever, CEAIR shall provide Passengers with food and/or accommodation services.
9.11.7 If any flight is diverted to an unscheduled place for reasons whatsoever, CEAIR shall provide Passengers with food and/or accommodation services.
Article 10 Refusal to Transport and Limitation of Carriage
10.1 Refusal to Transport
CEAIR may refuse to transport any Passenger or Passenger’s Baggage for air carriage safety reasons or if CEAIR, in the exercise of its reasonable discretion, determines any of the following circumstances has occurred:
10.1.1 The carriage violates any applicable laws, governmental regulations and orders of any country;
10.1.2 The conduct, age, mental or physical state of a Passenger is not suitable for carriage by air or may threaten or harm such Passenger or other people or the properties thereof;
10.1.3 Any Passenger fails to comply with the Regulation of CEAIR or any arrangements and instructions of CEAIR’S crew;
10.1.4 Any Passenger refuses to submit to Passenger or Baggage security check;
10.1.5 Any Passenger fails to pay for the Ticket, taxes or applicable charges, or the Passenger or the Ticket payer fails to comply with the credit arrangements between CEAIR and them;
10.1.6 Any Passenger fails to produce Valid Identification Certificates; or the Valid Identification Certificates produced by the Passenger are different from the Valid Identification Certificates used for purchasing the Electronic Ticket;
10.1.7 Any Passenger fails to use the Flight Coupon according to the sequence thereof;
10.1.8 Any Passenger fails to produce a valid Ticket, including:
10.1.8.1 The Ticket is illegally obtained or purchased from any person other than CEAIR or any CEAIR Passenger Sales Agent;
10.1.8.2 The Ticket has been reported lost;
10.1.8.3 The Ticket is a counterfeit;
10.1.8.4 The Flight Coupon has been modified, altered or damaged without CEAIR or any CEAIR Passenger Sales Agent’s permission;
10.1.8.5 The Ticket holder fails to prove he is the person named in the Name of Passenger;
10.1.9 Any Passenger may seek to enter into a country through which the Passenger may be in transit, destroy his/her travel documents during flight, or refuse to surrender his/her travel documents to the flight crew, against receipt, when requested;
10.1.10 Carriage of the Passenger’s Baggage violates any applicable laws, regulations, orders or instructions of any country of departure, country of termination or country of Agreed Stopping Place;
10.1.11 Any Passenger’s Baggage may threaten or affect the security and health of the crew or other Passengers.
10.2 Limitation of Carriage
Carriage of special Passengers, including infants, unaccompanied children, medical patients, disabled passengers, pregnant women or convicts (including criminal suspects), may only be accepted subject to the Regulation of CEAIR and other Carriers’ regulations and with CEAIR and other Carriers’ consent in advance and arrangements if necessary.
10.3 Refunds after Refusal of Carriage
A refund can be made to any Passenger who has been refused of carriage for any reason specified in this Article in accordance with Article 11.5 hereof.
Article 11 Refunds
11.1 General Provisions
11.1.1 In the case of unused part of or all of the flight segments of CEAIR Tickets held by Passengers within the duration of validity, CEAIR may, subject to all the applicable conditions of CEAIR Tickets, accept the refund application.
11.1.2 Except as otherwise provided in this Article, CEAIR shall make a refund of the fare to Passengers, payers or trustees named in the Tickets by the payment method shown on the Tickets.
11.1.3 Except in the case of lost Tickets, paper Tickets for refunds shall include complete Flight Coupon and Passenger Coupon for unused flight segments, and Passengers shall produce the originals of Valid Identification Certificates used for purchasing the Tickets when applying for refunds. If Passengers entrust any other persons to apply for refunds, such trustees shall produce power of attorneys, Valid Identification Certificates of Passengers named on the Tickets (or photocopies thereof), the Tickets and Valid Identification Certificates of such trustees.
11.1.4 A refund made by CEAIR to any person who holds all Flight Coupon, Passenger Coupon and payment vouchers for unused flight segments and who meets the requirements in Articles 11.1.2 and 11.1.3 hereof shall be deemed as a proper refund and shall discharge CEAIR from the contract of carriage entered into with the Passenger.
11.1.5 Refunds on Lost Tickets
In the case of the whole or part of the Ticket lost, if a Passenger has provided evidence of lost Ticket as required by CEAIR and paid up all the applicable service charges within the prescribed time limit, CEAIR will make a refund to the Passenger upon expiry of the duration of validity of the Ticket provided that all the following conditions have been met:
220.127.116.11 CEAIR has received the fare of the lost Ticket.
18.104.22.168 The lost Ticket has not been used or refunded before the refund application, and CEAIR has not reissued a new Ticket without the Passenger paying the extra fare.
22.214.171.124 The Passenger shall fill in the Reissuance/Refund Application Form of Lost Tickets provided by CEAIR.
126.96.36.199 The Passenger shall undertake to indemnify CEAIR against any and all losses that may be incurred by CEAIR in connection therewith, including any loss caused or to be caused due to any other person’s misuse or refund without permission and necessary litigation costs.
Any misuse or refund without permission of a lost Ticket or purchase of a replacement Ticket, which is due to any CEAIR’s fault shall be excluded from indemnification.
11.2 Time Limit for Refund
A refund must be applied no later than thirteen (13) months after the commencement date of the first carriage (or the Ticket filling date, if the first flight segment has not been used). CEAIR will not accept a refund application after the expiry of the aforesaid time limit.
11.3 Place of Refund
11.3.1 In the case of a Voluntary Refund applied by a Passenger, the refund application shall be processed at the original ticketing place of the Ticket or any local CEAIR ticket office.
11.3.2 In the case of an Involuntary Refund applied by a Passenger, the refund application can be processed by a CEAIR Passenger Sales Agent at any place of the original purchase place of the Ticket, place of departure, stopping place, any CEAIR ticket office at the place of arrival or the place where the incident triggered the Involuntary Refund.
11.3.3 In the case of refund of a Ticket purchased on CEAIR’s official website, the mobile website, the mobile App of CEAIR, or the CEAIR hotline, the Passenger shall submit the application for refund through the channel where such Ticket has been originally purchased.
11.4 Involuntary Refunds
If any circumstance under Article 3.3.1 hereof causes a Passenger to apply for a refund, the amount of the refund shall be:
11.4.1 If the Ticket has not been used, an amount equal to the full fare and taxes with no charges for refund service;
11.4.2 If the Ticket has been partly used, an amount including the higher between the remainder of the paid fare with the fare applicable to the used flight segments deducted and the fare of the unused flight segments, which shall not exceed the original paid fare of the Ticket, and the unused taxes to be refunded with no charges for refund service.
11.5 Voluntary Refunds
If a refund is allowed to be made on a Ticket for reasons other than those set out in Article 11.4, the amount of the refund shall be:
11.5.1 If the Ticket has not been used, an amount equal to the balance of the Ticket and taxes with the charges for refund service deducted;
11.5.2 If the Ticket has been partly used, an amount equal to the remainder paid with the fare applicable to the used flight segments, taxes and charges for refund service deducted;
11.5.3 If the fare applicable to the used flight segments is higher than or equal to the full fare, an amount equal to the taxes applicable to the unused flight segments with no refund of the fare of the unused flight segments to be made to the Passenger.
11.6 Refund Service Fees
11.6.1 CEAIR may charge a Passenger for refund service fees. In the case of a refund made to a Passenger, CEAIR shall charge the Passenger for the refund service fees in accordance with Article 11.5 hereof on the basis of the terms and conditions of Tariff of CEAIR.
11.6.2 A refund for an infant Ticket equal to the 10% fare of a regular Ticket shall not be charged any refund service fees. A refund for a child Ticket shall be charged at the refund service fees applicable to refund for adult Tickets.
11.6.3 No refund service fees will be charged for a refund due to the Passenger’s illness if the Passenger can provide with a duly signed or sealed certificate of diagnosis 48 hours prior to the flight issued by a domestic Grade II Class A hospital or above (or a foreign hospital, clinic or medical center) demonstrating that the Passenger is not suitable for the carriage of the flight showed on the Ticket. A refund applied by the companions of a sick Passenger shall not be charged of refund service fees (2 persons at most), provided that such companions have submitted photocopies of the Ticket of the sick Passenger and relevant supporting documents, and have also applied for the refund concurrently with the sick Passenger’s application for refund.
11.6.4 A refund due to a Passenger’s death in the trip, if any person other than the Passenger when processing the application provides a death certificate issued by the Public Security Bureau or armed police force, shall not be charged of refund service fees. A refund applied by the companions of the defunct Passenger shall not be charged of the refund service fees, provided that such companions have submitted photocopies of the defunct Passenger’s Ticket and relevant supporting documents, and have also applied for the refund concurrently with the defunct Passenger’s application for refund. Such refund shall be made no later than forty-five (45) Days after the Passenger’s death.
11.6.5 A refund for a Special Fare Ticket, unless otherwise stipulated herein, shall be charged of refund service fees in accordance with Article 11.5 hereof.
11.7 Refusal of Refund
11.7.1 If a Passenger voluntarily terminates his/her trip at a stopping place of the flight, a refund on the fare of the unused flight segments will not be allowed.
11.7.2 In the case of the Tickets indicated as non-refundable or no balance refundable, a refund on taxes can be solely made with no charges for refund service.
11.7.3 CEAIR reserves the right to retain any forged or counterfeit Tickets without making a refund or reimbursement.
11.7.4 Unless otherwise specified herein, CEAIR may refuse to make any refund if such refund is applied later than thirty Days after the expiry of the duration of validity of the Ticket.
11.7.5 CEAIR will refuse to make any refund on a Ticket purchased by a Passenger which indicates an arrival place where the Passenger is refused entry or subject to deportation.
11.8 Currency of Refund
11.8.1 Any refund shall comply with the laws and other regulations of the country where the Ticket is originally purchased and of the country where the refund is being made. CEAIR generally makes a refund in the same currency as was originally used to pay for the Ticket, and can as well make a refund in the currency of the country where the Ticket is originally purchased or of the country where the refund is being made.
11.8.2 A refund for a Ticket paid with credit cards or by other non-cash methods of payment can only be credited to the payment card account originally used for the Ticket purchase.
11.8.3 A Passenger shall not claim for a refund on such difference against CEAIR based on differences resulting from changes in foreign exchange rates.
Article 12 Changes to Tickets
12.1 If Passengers require for a change in classes after purchasing tickets, CEAIR and CEAIR Passenger Sales Agents may arrange for Passengers if there are available seats on the flight and time permits.
12.2 Downgrading Passengers’ Classes
12.2.1 If Passengers voluntarily downgrade their classes, Passengers may apply for refund on the original Tickets according to Article 11.5 hereof and then repurchase new Tickets.
12.2.2 Passengers’ classes are involuntarily downgraded: if the classes enjoyed by Passengers are lower than the classes shown on the Tickets, CEAIR shall refund to Passengers the corresponding difference.
12.3 If Passengers request for a change in flights and dates after purchasing the Tickets, CEAIR and CEAIR Passenger Sales Agents may, in accordance with the applicable conditions of the Tickets held by the Passengers including the fare regulations, arrange for the Passengers if there are available seats on the flight and time permits; the differences in the Tickets fares and any other costs so incurred shall be borne by the Passengers.
12.4 If Passengers request for a change in Carriers after purchasing the Tickets, CEAIR may, in accordance with the applicable conditions of the Tickets held by the Passengers, process the endorsement of Tickets for the Passengers who shall be carried by CEAIR or hold Tickets issued by CEAIR provided that such Ticket must be free from restrictions on endorsement.
12.5 If Passengers, holding CEAIR Tickets or Tickets containing CEAIR flight segments but not issued by CEAIR, request for a change in the scheduled Carriers of certain flight segments due to their own reasons, CEAIR may, subject to the applicable conditions of the Tickets, process the endorsement after CEAIR’s consent, which is limited to the Tickets of the same class in the flights owned by the airlines who have entered into settlement agreements with CEAIR. Article 11.5 on Voluntary Refund shall apply if the conditions set forth in Article 12.3 hereof are not met and the conditions for Passengers requesting a change in the Carriers set forth in this Article 12.5 are not met.
12.6 CEAIR Passenger Sales Agents, without authorization from CEAIR, shall not process the endorsement of Tickets for any Passenger.
Article 13 Passengers Services
13.1 When Flight Departure Delays or Flight Cancellations occur, CEAIR, CEAIR Passenger Sales Agents and CEAIR Ground Services Agents shall promptly notify Passengers of information on such delays or cancellations.
13.2 In the case of Flight Departure Delays due to CEAIR’s reasons, CEAIR shall provide Passengers with food and beverage services and accommodations free of charge. In the case of Flight Departure Delays or Flight Cancellations which are not attributable to CEAIR, CEAIR will assist Passengers in contacting with and arranging for food and beverage services and accommodations, any cost arising from which shall be borne by Passengers.
13.3 If any CEAIR’s flight is delayed or cancelled at a stopping place for reasons whatsoever, CEAIR shall provide Passengers with food and/or accommodation services.
13.4 CEAIR shall provide Passengers with food and beverage services free of charge according to the Regulation of CEAIR and standards during carriage by air. CEAIR may charge for any other services beyond the Regulation of CEAIR if requested by Passengers.
13.5 Any costs for on-the-ground food and beverage services and accommodations incurred at the connecting places of a interline flight shall be borne by Passengers.
13.6 In the event of any flight delays or cancellations, CEAIR shall provide upon request certificate proving such delays or cancellation to Passengers in need.
Article 14 Services Provided by Third Parties
14.1 If CEAIR makes arrangements for Passengers with any third party to provide any services other than carriage by air, or if CEAIR issues 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, CEAIR does so only as Passengers’ and/or the third party’s agent and terms and conditions of the third party service provider will apply.
14.2 Given that CEAIR provides combined ground transportation, and transportation performed partly by carriage by air and partly by other methods of transportation, these Conditions shall only apply to carriage by air as prescribed in Articles 1.2 and 1.3 hereunder; however, these Conditions shall, in the absence of contrary evidence, also apply to ground transportation if other methods of transportation are used during the course of performing a contract of air carriage.
14.3 These Conditions will not affect the terms and conditions regarding transportation of any other kind on air carriage documents listed by any party of combined transportation provided that such party complies with the provisions on carriage by air under these Conditions.
Article 15 Conduct Aboard Aircraft
15.1 In the event of any following conduct taken by a Passenger on the aircraft, CEAIR may take measures as CEAIR deems necessary to prevent any such conduct, including restraint or forced alighting at any place of such Passenger:
15.1.1 Endangering the aircraft or any person or property on board;
15.1.2 Obstructing the crew in the performance of their duties;
15.1.3 Failing to comply with any arrangements and instructions of the crew;
15.1.4 Smoking, excessive drinking or drug consumption;
15.1.5 Conducts that cause or threaten to cause discomfort, inconvenience, damage or injury to, or fair objection from other Passengers.
15.2 Electronic Devices
Except for hearing aids, heart pacemakers, and respiratory assistive devices (excluding those devices which may threaten the safety of flight pursuant to applicable laws and government regulations), without permission of the CEAIR crew, Passengers are forbidden to use any electronic equipment on board the aircraft, including but not limited to laptop computers, portable recorders, portable radios, electronic games or transmitting devices, including radio controlled toys, wireless cards, cellular telephones and walkie-talkies.
15.3 Non-smoking Flights
All CEAIR flights are non-smoking flights. Smoking is prohibited in all areas of CEAIR aircrafts.
Except for the alcoholic drinks provided by CEAIR flights, Passengers shall not have any other alcoholic drinks on board the aircraft.
15.5 Seat Belts Compulsory
While Passengers are in their seats on board the aircraft, Passengers shall fasten their seat belts as required.
Article 16 Administrative Formalities
16.1 Passengers shall be solely responsible for complying with all laws, regulations, orders, provisions, travel requirements and carriage regulatory rules of countries to be flown from, into or through which the Passengers transit and for obtaining all necessary travel documents. Passengers shall produce valid travel documents and allow CEAIR to take and retain copies thereof. CEAIR reserves the right to refuse carriage if Passengers have not complied with the relevant laws, regulations, orders or provisions of the aforesaid countries or Passengers’ travel documents are noncompliant with the requirements.
16.2 If any Passenger suffers any loss due to his/her failure to comply with the laws, regulations, orders or provisions of the countries concerned or to produce travel documents as required by the countries concerned, any such loss shall be borne by the Passenger. Such Passenger shall reimburse CEAIR on demand for any fines so paid or any expenditures so incurred by CEAIR.
16.3 If any Passenger is denied transit through the stopping place or entry into the destination country (region) which causes CEAIR, subject to the order issued by such country (region), to repatriate such Passenger back to the place of departure or any other place, such Passenger shall pay for the fares applicable to such repatriation trip and indemnify CEAIR against any and all other losses so caused to CEAIR.
16.4 Passengers shall be subject to any security check performed by governmental or airport officials.
16.5 Passengers shall be on the spot when the relevant governmental department inspects the Checked Baggage or Unchecked Baggage of such Passengers; and CEAIR will not be liable for any baggage loss which is attributable to the Passenger’s failure to comply with such requirement. (Please see Article 8.7 hereof)
16.6 Passengers shall not file any claims against CEAIR based on any information provided to them by CEAIR, its agents or employees with regard to travel documents, and any laws, regulations, orders, provisions or requirements related thereto.
Article 17 Successive Carriers
Carriage to be performed by CEAIR and other Carriers under one Ticket or a Conjunction Ticket shall be deemed as an inseparable carriage; unless otherwise specified by laws, each Carrier listed on the Ticket shall be bound to the carriage liability for the Passengers in accordance with their respective carriage conditions.
Article 18 Liability for Damage
18.1 General Principles
18.1.1 CEAIR will be liable for losses caused during its carriage by air, unless otherwise specified in the laws or agreed in the contract of carriage.
18.1.2 CEAIR shall not be liable for any loss arising from its complying with or Passengers’ failure to comply with applicable laws, regulations, orders and rules.
18.1.3 CEAIR’s liability for damage shall not exceed the limits of liability as prescribed in the international Conventions or relevant aviation laws of the People’s Republic of China. Unless otherwise expressly prescribed by the applicable laws, CEAIR shall not be liable for any indirect loss or mental injury of any Passenger (including Baggage).
18.1.4 CEAIR will only be liable for its own actions of carriage by air according to applicable laws. Unless otherwise specified by the laws of the People’s Republic of China, CEAIR is only acting as an agent of other Carriers when it fills the tickets or checks the Baggage for flight carriage of such other Carriers.
18.1.5 If any damage is caused or triggered by fault of any Passenger, CEAIR may be exempted from or mitigate its liability for damages according to the applicable laws.
18.1.6 In the event that a Passenger’s Baggage or any item contained therein causes damage to the Passenger himself/herself or his/her own Baggage, CEAIR shall not be liable for such Passenger’s loss. If a Passenger’s items cause damage to any other persons or CEAIR’s properties, such Passenger shall compensate CEAIR for any and all losses caused thereby and any and all costs so incurred by CEAIR.
18.1.7 If any person other than a Passenger files a claim for any Passenger’s death or injury, and it has been proved that such death or injury was caused or contributed to by the Passenger’s own fault, CEAIR’s liability shall be exempted or mitigated in accordance with the degree of fault of such Passenger.
18.1.8 Any liability or limitations of liability with respect to CEAIR under these Conditions shall also apply to the agents, employees and representatives of CEAIR, and to any person, or any agent, employee and representative of such person whose aircraft is used by CEAIR. The aggregate amount of damages payable by CEAIR and the aforesaid agents, employees, representatives and any persons shall not exceed the limits of liability assumed by CEAIR.
18.1.9 Unless otherwise expressly specified by applicable laws, these Conditions shall not preclude CEAIR from enjoying relevant exemptions or limitations with respect to CEAIR’s liabilities prescribed by applicable laws and regulations.
18.2 Passenger Casualty
18.2.1 CEAIR will be liable for Damages in case that accidents occurring on the aircraft or during the boarding or alighting caused Passenger casualty; however, CEAIR shall not be liable for any Passenger’s death, injury or aggravated conditions that are caused by or attributable to such Passenger’s own age, mental or physical conditions during the carriage.
18.2.2 Except in the case that damage was due to CEAIR’s act or omission attributable to CEAIR’s intention or knowingly negligence, CEAIR will assume liability in accordance with paragraph 1 and paragraph 2 of Article 21 of the Montreal Convention, and the amount for the remedies to be provided by CEAIR shall also be subject to Article 24 (Review of Limits) of the same.
18.3 Baggage Loss
18.3.1 CEAIR will be liable for the destruction or loss of, or Damage to any Checked Baggage of a Passenger caused during the carriage by air. In the case of Unchecked Baggage, CEAIR will only be liable for Damage caused by fault attributable to CEAIR, its employees or agents.
18.3.2 CEAIR shall not be liable for the destruction or loss of, or damage to any Passenger’s Baggage which is entirely caused by the nature, quality or defects of such Baggage.
18.3.3 CEAIR shall not be liable for any damage to the Passenger or his/her properties which is caused by or arising from the Passenger’s Baggage due to the Passenger’s reasons. In the event that a Passenger’s Baggage or any items therein cause damage to other people or other people’s Baggage or CEAIR’ properties, such Passenger shall indemnify CEAIR or any other people against any and all losses caused and costs incurred thereby.
18.3.4 CEAIR will indemnify for the damaged value or cover the repair costs in the case of the destruction, loss, damage or delay of the Baggage of any Passenger. In the event that the Baggage is lost or damaged beyond repair, CEAIR shall assume the liability in accordance with paragraph 2 of Article 22 of the Montreal Convention, and the amount for the remedies to be provided by CEAIR shall also be subject to Article 24 (Review of Limits) of the same.
The limitations of liability in this Article hereof shall be implemented in accordance with the effective policies approved and published by the government of the People’s Republic of China.
18.3.5 CEAIR will indemnify the Baggage declared value provided that a Passenger has declared the value of the Baggage. But if the Baggage declared value is higher than the actual value of the Baggage as of the time of delivery at the destination, CEAIR will be liable for the damages to the extent of such actual value.
18.3.6 In the case of destruction, loss, damage or delay of any Checked Baggage or any item therein of any Passenger, the weight used to determine the limits of liability of CEAIR shall be the weight of such damaged Baggage or items therein; if the weight of the damaged Baggage or items therein cannot be determined, the damaged Baggage of the Passenger shall be no more than the Free Baggage Allowance enjoyed by such Passenger.
18.3.7 In the case of destruction or loss of, or damage to any restricted items as set forth in Article 8.1.3 hereof in the Baggage of any Passenger, CEAIR will be liable for damages in accordance with normal Checked Baggage.
18.3.8 In the case of damage to any cash, negotiable notes, negotiable securities, bills of exchange, fragile or vulnerable goods, perishable goods, jewelry, precious metal and metal products, gold and silver products, antique calligraphy and painting, out-of-print videos, out-of-print manuscripts or prints, samples or other valuables, important documents or materials, diplomatic envelopes, travel documents, computers and accessories, personal communicators and accessories, personal electronic digital equipments and accessories, and other items to be taken custody by people, and personal prescription medicine to be taken regularly, CEAIR will be liable for damages in accordance with general Checked Baggage.
18.3.9 Unless the damage is otherwise attributable to CEAIR’ fault, CEAIR shall not be liable for any damage to Unchecked Baggage or the cabin-seat Baggage of any Passenger.
18.3.10 When indemnifying Baggage losses, charges for excess Baggage will be refunded but surcharges paid for the Baggage value declaration will not be refunded.
18.3.11 CEAIR will promptly notify a Passenger after locating the lost Baggage which has been indemnified. Such Passenger may retrieve his/her Baggage and reimburse CEAIR with all the indemnity except for the compensation for temporary articles for daily use. CEAIR is entitled to recover all the indemnity paid in case of fraudulent act of such Passenger.
18.3.12 In the case of any Baggage loss occurring during the domestic flight segment which constitutes an International Air Transport or Regional Route Air Transport, such Baggage loss shall be indemnified in accordance with the applicable provisions on Baggage loss of the International Air Transport or Regional Route Air Transport.
18.3.13 If the Checked Baggage of a non-resident Passenger fails to arrive in the same aircraft with the Passenger due to CEAIR’s reasons, CEAIR will pay a compensation for temporary articles for daily use to such Passenger according to the Regulation of CEAIR.
18.3.14 In the case of damage to or loss of any checked Assistive Device for Individual with a Disability Passenger, the actual price of such equipment shall be indemnified except for the part of the equipment which has been damaged and the Passenger has executed a disclaimer for such damage prior to such equipment’s delivery for carriage.
18.4 In the case of losses caused to Passengers and Baggage attributable to delay during the carriage by air, CEAIR will make proper compensation in accordance with the relevant international Conventions and the laws and regulations of the People’s Republic of China, provided, however, that if the delay is caused by any reason beyond CEAIR’s control or unavoidable by CEAIR, and that CEAIR can prove CEAIR, its employees and agents have taken all reasonable measures or it was impossible to take such measures to prevent the losses, CEAIR shall not be liable for damages caused by such delay.
18.5 Upon a flight delay, if any Passenger fails to take proper measures to prevent the losses from extending, such Passenger shall not claim for the extended part of losses against CEAIR.
18.6 In the event of the International Air Transport or Regional Route Air Transport as defined in the respective Conventions, the rules of liability for damages prescribed in the applicable Conventions shall apply; in the event of the International Air Transport or Regional Route Air Transport beyond those defined in the Conventions, CEAIR will be liable for damages in accordance with the relevant provisions of the Montreal Convention.
Article 19 Claims and Actions
19.1.1 If a Passenger fails to submit a written claim within the time limit prescribed by the applicable laws after collecting the Checked Baggage, such Baggage shall be presumed to have been delivered in good condition according to the Contract of Carriage, unless the Passenger otherwise provides evidence to the contrary. In the event of Baggage loss, a Passenger shall notify CEAIR upon the arrival of the flight and record the irregular carriage of Baggage as the prima facie evidence for claims. CEAIR will not accept any claim which is not issued within the time limit as prescribed in Article 19.1.2 hereof.
19.1.2 Upon the occurrence of any destruction, loss, damage or delay of any Baggage, the Passenger shall submit a written claim to CEAIR within and no later than 7 Days (applicable to damage or loss) or 21 Days (applicable to delay) after the collection of the Baggage.
19.1.3 In the event of failure to submit a written claim within the time limit provided in Article 19.1.2 hereof, no action shall be filed against CEAIR.
19.2 Any action for damages with respect to Passengers or Baggage shall be filed within two years from the date on which the CEAIR flight arrives or should have arrived at the destination or on which the carriage terminates.
19.3 In the event of any destruction, loss, damage or delay of any Baggage, a Passenger may file an action against the first Carrier or the last Carrier, or the actual Carrier responsible for the segment during which the destruction, loss, damage or delay occurs.
19.4 Basis for Claim
19.4.1 Any action for damages with respect to the carriage of Passengers or Baggage, irrespective of any governing law of the relevant countries, contract, tort or any other reason that such action is based on, shall only be limited to the conditions and limits of liability as prescribed in the Montreal Convention .
19.4.2 Pursuant to the Montreal Convention, no punitive damages, exemplary damages or any non-compensational damages of any other kind shall be filed in any such action.
19.4.3 The governing laws shall be subject to Articles 131 and 184 of the Civil Aviation Law of the People's Republic of China and Article 142 of the General Principles of the Civil Law.
Article 20 Effectiveness and Modification
20.1 These terms and conditions will take effect on January 1, 2019 and the China Eastern Airlines General Conditions of International Carriage for Passenger and Baggage implemented on January 1, 2017 will be nullified.
20.2 CEAIR may modify these Conditions without notice in accordance with the procedures as stipulated by the Civil Aviation Administration of China, but such modification shall not be applicable to any carriage having commenced prior to such modification.
20.3 No agent, employee or representative of CEAIR shall have the authority to modify or violate any provision of these Conditions.
20.4 The heading of each Article under these Conditions is used for convenience only and shall not be taken into consideration in the interpretation of any provisions hereunder.
20.5 In the event of any inconsistency or conflict between these Conditions and any national laws, regulations or government orders in effect now or thereafter in terms of flight departure, stopover, arrival or business conducts including ticket sales and other services of CEAIR, the relevant laws, regulations or government orders shall prevail.
20.6 In the event of any discrepancy between Chinese version and any other language versions, the Chinese version shall prevail.