Hainan Airlines Co., Ltd. General Conditions of International Carriage for Passengers and Baggage
Article I: Definition-In these Conditions, except where the context otherwise requires or where it is otherwise expressly provided, the definitions of the following expressions in Hainan Airlines Co., Ltd. General Conditions of
International Carriage for Passenger and Baggage (hereinafter referred to as the Conditions) are as follows:
"Convention" means whichever of the following instruments are applicable:
The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention);
The Warsaw Convention as amended at The Hague on 28 September 1955 (hereinafter referred to as the Hague Protocol);
The Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999 (hereinafter referred to as the Montreal Convention). "International Carriage" means, transportation in which, according to the contract of carriage concluded by the parties , either the place of departure or the destination or an Agreed Stopping Place, whether or not there is a break in the transportation, is not situated in the People's Republic of China.
"Carrier" means the public air transportation corporation, who fills and issues tickets, transports or commits to transport the passengers listed in the tickets and their baggage.
"Code Shares or Code Share flights" means a carrier uses its flight number on the other operating carrier's aircraft or many airlines using their unique flight number on the same aircraft through agreements.
"Contracting Carrier" means a carrier, which concludes a contract on its behalf with the passenger or an agent of the passenger.
"Operating Carrier" means a carrier, who performs the whole or part of the transportation contract authorized by Contracting Carrier.
"Validating Carrier" means an air carrier' whose Airline Designator Code appears on the Coupon.
"Hainan Airlines" means an abbreviation of Hainan Airlines Co., Ltd.
"Hainan Airlines" Regulations" means these regulations, which will be in effect for both sides once the ticket is issued, are legally formulated and released by Hainan Airlines for the purpose of sufficient supervision of its passenger and baggage transportation. Effective applicable ticket fares and conditions are included.
"Authorized Sales Agent" means a passenger sales agent who has been appointed by the carrier to represent the carrier in the sale of air transportation.
"Authorized Ground Service Agent" means a ground service agent who has been appointed by Hainan Airlines to provide ground services for Hainan Airlines' flights.
"Passenger" means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket.
"Children" means any person whose age is above two (2) years and below twelve (12) years on the date of commencement of travel.
"Infant" means any person whose age is above fourteen (14) days and below two (2) years on the date of commencement of travel.
"Ticket" means the document sold or approved by carrier or authorized agent and entitled, including paper tickets and electronic tickets. A paper ticket is the so called certificate of the "ticket" and baggage check, which is issued by Carrier or its authorized agent. A paper ticket contains conditions of contract of transport, statement, notice and flight coupon and passenger coupon. An electronic ticket is the replacement of an ordinary paper ticket.
"Electronic Ticket" a replacement of the paper ticket. The information on paper tickets is stored in the system database in the form of electronic data, which is shown as the ticket form of sale, account and transportation.
"Electronic Ticket Itinerary" means a paper document that contains the information of passenger's name, routes and price, etc.
"Conjunction Ticket" means a ticket issued to a passenger in conjunction with another ticket which together constitute a single contract of carriage.
"Passenger Coupon" means that portion of the Paper Ticket, which is so marked and which ultimately is to be retained by the passenger.
"Flight Coupon" means that portion of the Paper Ticket that bears the notation "good for passage", indicating this flight coupon is used to the transportation between two appointed places.
"Days" means calendar days, including all seven days of the week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and provided further that for purposes of determining duration of validity of a Ticket, the day upon which the Ticket is issued, or the day upon which the flight commenced, shall not be counted.
"Baggage" means such articles, effects and other personal property of a passenger as are necessary or appropriate for his wear, use, comfort or convenience in connection with the trip. Unless otherwise specified, it shall include both checked and unchecked baggage (carry-on) of the passenger.
"Checked Baggage" means Baggage of which the carrier takes sole custody and for which carrier has issued a baggage check.
"Unchecked Baggage" means any baggage of the passenger which the passenger takes sole custody other than checked baggage, also referred to as "carry on baggage."
"Baggage Tag" means the remarks to distinguish the baggage and the document for the passenger to receive checked baggage.
"Baggage Check" means those portions of the ticket which relate to the carriage of passenger's checked baggage.
"Excess Baggage" means the portion of baggage which exceeds the free baggage allowance calculated by weight or piece.
"Agreed Stopping Places" means those places, except the place of departure and the place of destination, set out in the Ticket or shown in carrier timetables as scheduled stopping places on the passenger's route.
"Stopover" means a deliberate interruption of the 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 Carrier.
"Damage" means passenger bodily injury or death, damage sustained and caused in or related to the transportation and the loss, damage to or destruction of Checked Baggage and other damages.
"French Gold Francs" means francs consisting of 65 milligrams of gold with a fineness of nine hundred thousandths. This amount of money can be converted into any currency of the country in round numbers.
"Normal Fare" means the highest fare established for a first, business or economy class service during the period of applicability, including the corresponding fare of the children ticket and infant ticket.
"Special Fare" means a fare other than the normal fare.
"SDR" means a Special Drawing Right as defined by the International Monetary Fund.
Article II: Application-2. 1 General
2.1.1 Except as provided in 2.1.2, 2.2 and 2.3, these Conditions apply to all international and regional (Hong Kong, Macao and Taiwan included) carriage by air of passengers and baggage performed by Hainan Airlines for monetary compensation.
2.1.2 These Conditions also apply to no charge and reduced fare carriage except to the extent that Hainan Airlines has provided otherwise in its regulations or in the relevant contracts or tickets.
2.1.3 In the event of inconsistency between these General Conditions of Carriage and any Conditions of Contract or any other regulations we may have dealing with particular subjects, these General Conditions of Carriage shall prevail.
2.2 Charter
According to the transportation incorporated in the charter agreement, passenger and carriage are performed pursuant to a charter agreement. These Conditions shall be taken as final when the context is outside the charter agreement.
2.3 No Overriding Law
To the extent that any provision contained or referred to herein is contrary to anything contained in the Convention, laws, government regulations, orders or requirements, those Conventions, laws, government regulations, orders or requirements shall be taken as final. The other provisions of these Conditions remain valid.
Article III: TIckets-3.1 Ticket is the Prima Facie Evidence of Contract
The ticket is the prima facie evidence of the contract of carriage between Carrier and the passenger named on the ticket. Carrier will provide carriage only to the passenger holding such ticket, or any other Carrier document issued by Carrier or its Authorized Agent. The ticket is and remains at all times the property of the issuing Carrier. The Conditions of Contract contained in the ticket are a summary of some of the provisions of these Conditions of Carriage.
3.2 Provisions for using Tickets
3.2.1 A person who uses a paper ticket shall not be entitled to be carried on a flight unless that person presents a ticket valid and duly issued in accordance with Hainan Airlines' Regulations and containing the flight coupon for that flight and all other unused flight coupons and the passenger coupon. A passenger shall furthermore not be entitled to be carried if the ticket presented is mutilated or if it has been altered otherwise than by Hainan Airlines or its Authorized Agent.
3.2.2 A person who uses an electronic ticket shall not be entitled to be carried on a flight unless that person provides valid identification and valid status of electronic ticket checked by Hainan Airlines or its ground service agent. The electronic ticket itinerary only records the passenger's travel information, which can not be regarded as the necessary evidence for the passenger to check in and have security inspection.
3.3 Loss of Paper Tickets
The following regulations are used for the loss of tickets and baggage checks issued by Hainan Airlines and its authorized sales agent.
3.3.1 General
In case of loss or mutilation of a ticket (or part of it) or non-presentation of a Ticket containing the Passenger Coupon and all unused Flight Coupons, the passenger takes full responsibility.
3.3.2 Reporting Loss of Paper Tickets
In case of loss or mutilation of a ticket (or part of it) or non-presentation of a Ticket containing the Passenger Coupon and all unused Flight Coupons, the passenger should file a loss report at a ticket office of Hainan Airlines or its sales agent.
When reporting the loss of a ticket, the passenger should show his or her valid identification with the attachment of the certificate of the dateã€place and itinerary the ticket is issued. If the person who reports the loss of ticket is not the actual passenger, the valid identification card of this person and a notarized letter which passenger has signed should be presented.
Before the passenger reports the loss of a ticket, any fraud or use of the whole (part of) ticket by a third party, Hainan Airlines will not be liable and may refuse a refund for the lost ticket or a replacement of the ticket.
3.3.3 Replacement of a lost ticket
Passenger should complete an Application for Replacing or Refunding of Lost Ticket of Hainan Airlines.
Hainan Airlines may at the passenger's request and subject to Hainan Airlines' Regulations replace such ticket by issuing a new ticket after collecting a charge fee, provided that the passenger agrees in such form as may be prescribed by Hainan Airlines to indemnify Hainan Airlines for any loss or damage which Hainan Airlines may sustain by reason of the use of the lost ticket, and to pay the fare applicable to the new ticket in the event, and to the extent, that the lost or missing ticket is used by any person, or that refund in respect thereof is made to any person.
Hainan Airlines has the right not to reissue a new ticket if no reservation or ticketing record can be located for the lost ticket. Passenger must buy a new ticket if he or she wants to take such flight.
The replaced ticket is non-refunded, non-endorsable and non-reroutable.
3.3.4 Repurchasing ticket
Passenger can repurchase the ticket according to the original schedule and date and apply for a refund of the lost ticket.
3.3.5 Refund of Lost Tickets
If passenger wants to refund the lost ticket directly, he or she must report the lost ticket according to 3.3.2. The lost ticket will be refunded provided no fraud or use by third party has been confirmed by Hainan Airlines.
3.4 Ticket not Transferable
3.4.1 Ticket is not transferable.
3.4.2 If someone other than the person entitled to be carried on a ticket travels pursuant to that ticket or is given a refund in connection therewith, Hainan Airlines shall not be liable to the person so entitled it provides carriage, or makes a refund.
3.4.3 If a ticket were to be used by any person other than the person entitled to be carried, Hainan Airlines is not liable for the death or delay in the carriage of such person or for the destruction, loss or damage to or delay in the carriage of such person's baggage.
3.4.4 If a ticket were to be used or refunded by any person other than the person entitled to be carried, Hainan Airlines is not liable to the person entitled to be carried or refunded.
3.5 period of validity of the ticket
3.5.1 A ticket is valid for carriage for one year from the date of commencement of travel or if no portion of the ticket is used, from the date of issue thereof, except as otherwise provided in the ticket, these Conditions or Hainan Airlines' Regulations.
3.5.2 The validity of a special fare ticket is calculated according to Hainan Airlines' Regulations.
3.5.3 The validity of a ticket is calculated from the date of commencement of travel or 0'clock of the next day upon which ticket is issued to 0'clock of the next day of expiration date.
3.6 Extension of Validity of the ticket
3.6.1 For the following reasons, the passenger is prevented from travelling within the period of validity of the ticket, the validity of such passenger's ticket will be extended until Hainan Airlines' first flight on which space is available in the class of service for which the fare has been paid.
ï¼Cancellation of the flight on which the passenger holds a reservation
ï¼Omits a scheduled stop, being the passenger's place of departure, place of destination or a stopover
ï¼Fails to operate a flight reasonably according to schedule
ï¼Causes the passenger to miss a connection
ï¼Substitutes a different class of service
ï¼Be unable to provide previously confirmed space
3.6.2 When a passenger with a normal fare ticket, or a special fare ticket which has the same validity as a normal fare ticket, is prevented from travelling within the period of validity of his ticket because at the time such passenger requests reservations Hainan Airlines is unable to provide space on the flight, the validity of such passenger's ticket will be extended until Hainan Airlines' first flight on which space is available in the class of service for which the fare has been paid.
3.6.3 When a passenger after having commenced his journey is prevented from travelling within the period of validity of his ticket by reason of illness, Hainan Airlines will extend the period of validity of such passenger's ticket until the date when he becomes fit to travel according to a medical certificate, or until Hainan Airlines' first flight after such date from the point where the journey is resumed on which space is available in the class of service for which the fare has been paid. When the flight coupons remaining in the ticket involves one or more stopovers, the validity of such ticket, subject to Hainan Airlines' Regulations, will be extended for not more than three months from the date when the passenger becomes fit to travel according to a medical certificate. In such circumstances, Hainan Airlines will extend similarly the period of validity of tickets of other members of his or her immediate family accompanying an incapacitated passenger.
3.6.4 In the event of the death of a passenger en route, the Tickets of persons accompanying the passenger may be modified by waiving the minimum stay or extending the period of validity. In the event of a death in the immediate family of a passenger who has commenced travel, the validity of the passenger's ticket and those of his or her immediate family who are accompanying the passenger, may likewise be modified. Any such modification shall be made upon receipt of a valid death certificate and any such extension of validity shall not be for a period longer than forty-five (45) days from the date of the death shown on the death certificate.
3.7 coupon sequence
3.7.1 Hainan Airlines will honor flight coupons, or in the case of an electronic ticket, an electronic coupon, only in sequence from the place of departure as shown on the ticket
3.7.2 The ticket may not be valid and Hainan Airlines may not honor the passenger's ticket if the first flight coupon for international travel has not been used and the passenger commences his journey at any stopover or agreed stopping place.
3.7.3 Each flight coupon, or in the case of an electronic ticket, an electronic coupon, will be accepted for carriage by Hainan Airlines in the class of service specified therein on the date and flight for which accommodation has been reserved. When flight coupons, or in the case of an electronic ticket, an electronic coupon, are issued without a reservation being specified thereon, space will be reserved on application subject to the conditions for the relevant fare and the availability of space on the flight applied for.
3.7.4 If the passenger fails to or has failed to use the flight coupons in sequence, Hainan Airlines is entitled to re-compute the fares in accordance with the Regulations for the use of said coupons and the passenger is liable to pay to Hainan Airline any difference between the recomputed fares and the fares already paid by or due from the passenger.
Article IV: Stopovers-4.1 Stopovers may be permitted at agreed stopping places but may be subject to government requirements and Hainan Airlines' Regulations.
4.2 Stopovers may be arranged in advance and provided in the ticket.
Article V: Fares, Taxed, Fees and Charges-5.1 General
Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination. Fares do not include ground transport service between airports and between airports and town centers.
5.2 Applicable Fare
Applicable fares for carriage are published by Hainan Airlines or those on behalf of Hainan Airlines or, if not so published, constructed in accordance with Hainan Airlines ' Regulations. Except where it is otherwise expressly provided, the applicable fare is the fare for the flight or flights in effect on the date of commencement of the carriage covered by the first flight coupon of the ticket. When changing the itinerary or the date of travel after ticketing, the difference shall be paid by the passenger, or, except where it is otherwise expressly provided, refunded by Hainan Airlines, in accordance with Hainan Airlines' Regulations.
5.3 Routing
Fares apply only to routings published in connection therewith. If there is more than one routing at the same fare, the passenger may specify the routing prior to issue of the ticket. If no routing is specified, Hainan Airlines may determine the routing.
5.4 Taxes and Charges
Any tax or charge imposed by government or by municipal or other authority, or by the operator of an airport, in respect of a passenger or the use by a passenger of any services or facilities will be in addition to the published fares and charges and shall be payable by the passenger.
5.5 Currency
Passengers may pay fares and charges in any currency acceptable to Hainan Airlines. 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 given by the bank in accordance with the date of ticketing or at the prevailing rate of exchange established by Hainan Airlines.
Article VI: Reservations-6.1 General
6.1.1 A reservation is not confirmed until it is recognized by Hainan Airlines or its Authorized Agent. Only when the passenger has paid for his ticket within the ticketing time limit prescribed in Hainan Airlines' Regulations and the ticket is issued by Hainan Airlines or its Authorized Agent, and entered on the appropriate flight coupon, is a reservation considered valid and effective.
6.1.2 As provided in Hainan Airlines' Regulations, certain fares may have conditions which limit or exclude the passenger's right to change or cancel reservations.
6.2 Ticketing Time Limit
If the passenger has not paid for his ticket within the ticketing time limit prescribed in Regulations, the reservation may be cancelled by Hainan Airlines or its Authorized Agent.
6.3 Personal Data
The passenger recognizes that personal data has been given to Hainan Airlines for the purposes of making a reservation for carriage, obtaining ancillary services, facilitating immigration and entry requirements, and making available such data to government agencies who may share such personal data with other government agencies which is beyond the control of the Hainan Airlines. For these purposes the passenger authorizes Hainan Airlines to retain such data and to transmit it to its own offices, other carriers or the providers of such services, in whatever country they may be located.
6.4 Seating
Except for providing seats for passengers who have reserved flight and class of cabin, Hainan Airlines does not guarantee to provide any particular seat in the aircraft and the passenger agrees to accept any seat that may be allotted on the flight in the class of service for which the ticket has been issued.
6.5 Reconfirmation of Reservation
Ticket which connects with the other Carrier's flight may be subject to the requirement to reconfirm the reservation in accordance with the operating carrier. In the event of failure to comply with any such requirement, Hainan Airlines is not liable to the passenger for loss or expense.
6.6 Cancellation of Onward Reservations made by Carrier
If a passenger does not use a reservation and fails to reconfirm the follow-up segments, Hainan Airlines may cancel any onward or return reservations.
6.7 Precedence Reservation
6.7.1 A passenger does not have the priority if he wants to make a precedence reservation when he presents a ticket partly or wholly without reserving a seat at the very beginning.
6.7.2 Passenger doesn't have the priority if he wants to make a precedence reservation when he changes his partly or wholly reserved ticket.
6.7.3 In case of Hainan Airlines' permission, passenger who changes an itinerary involuntarily can make a precedence reservation.
Article VII: Check-In and Boarding-7.1 Check-in
7.1.1 The passenger shall arrive at the airport within the prescribed time limit to complete ticket inspection, baggage checking and boarding pass issuance with a valid travel document.
7.1.2 The passenger who has made a reservation can check-in directly in check-in department, while those who haven't made a reservation shall make a standby check-in according to Hainan Airlines' Regulations.
7.2 Boarding
The passenger shall arrive at Hainan Airlines' given boarding gate sufficiently after heck-in and in time to complete all the government formalities. If the passenger fails to arrive in time or appears improperly documented or not ready to travel, Hainan Airlines may cancel the reserved space for the purpose of not delaying the flight's departure, and without the liability to the passenger for loss or expense due to the passenger's failure to comply with the provisions of this Article.
Article VIII: Refusal and Limitation of Carriage-8.1 Right to Refuse Carriage
Hainan Airlines may refuse carriage of any passenger or passenger's baggage for reasons of safety or if, in the exercise of its reasonable discretion. Hainan Airlines is not liable to the passenger for loss or expense due to following circumstances:
8.1.1 In order to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over.
8.1.2 the passenger who are not fit for travel because of the conduct, age, or mental or physical state, or cause discomfort or make himself objectionable to other passengers, or involve any hazard or risk to himself or to other persons or to property.
8.1.3 The passenger has failed to observe the instructions of Hainan Airlines or Government, or not taking Hainan Airlines crew's arrangement and advice.
8.1.4 The passenger has refused to submit to a security check.
8.1.5 The applicable fare or any fares, charges or taxes payable have not been paid by the passenger.
8.1.6 The passenger does not show his passport, visa and other valid travel documents.
8.1.7 The passenger may seek to enter a country illegally through which he is in transit, or may destroy his documentation during flight, or will not surrender travel documents to be held by the flight crew, against receipt, when so requested by Hainan Airlines.
8.1.8 The ticket has been acquired unlawfully or has been purchased from an entity other than the issuing Carrier or its Authorized Agent, or has been reported as being lost or stolen, or is a counterfeit ticket, or any flight has been altered by anyone other than Carrier or its Authorized Agent, or a flight coupon, has been mutilated. Hainan Airlines reserves the right to retain such paper ticket.
8.1.9 The person presenting the ticket cannot prove that he is the person named in the ticket. Hainan Airlines reserves the right to retain such paper ticket.
8.2 Hainan Airlines has the right to determine the carriage of passenger and baggage when the actual passengers exceed the maximum load of the aircraft. Hainan Airlines will inform such passenger before the airplane takes off and the ticket will be dealt as involuntary endorsement or involuntary refund.
8.3 Limitations on Carriage
Acceptance for the carriage of unaccompanied-children, incapacitated persons, expectant mothers, persons with an illness or those passengers requiring special assistance may be subject to prior arrangement with Hainan Airlines, in accordance with Hainan Airlines' Regulations.
Article IX: Baggage-9.1 Items Prohibited and Limited as Baggage
9.1.1 Items which are unacceptable as baggage
9.1.1.1 Items which do not constitute baggage as defined in Article 1 hereof.
9.1.1.2 Items which are likely to endanger the aircraft or persons or property on board the aircraft specified in the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air〠the Dangerous Goods Regulations of the International Air Transport Association (IATA)ã€the Transport of Dangerous Goods Regulations of Civil Aviation Administration of China(CAAC) and in Hainan Airlines' Regulations. Especially those following prohibited articles: Explosives, compressed gases, corrosive substances, oxides, radioactive or magnetized objects, flammable, poisonous, dangerous or irritative substances. More information about the relative substances, please contact Hainan Airlines.
9.1.1.3 Items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from, to or over.
9.1.1.4 Items which are unsuitable for carriage by reason of their package, shape, weight, size or character.
9.1.1.5 Live animals, except as provided for in 9.12 of this Article.
9.1.2 Items which are not transported as checked baggage
The passenger shall not include in checked baggage fragile or perishable items, money, jewelry, antiques, precious metals, silverware, negotiable papers, securities, bank cards , credit cards or other valuables, business, government or private documents, passports and other identification documents, samples, medicine or medical devices or equipments, keys, computers, video cameras, cameras, mobile phones or other valuable electronics. Hainan Airlines is not liable for loss or expense made by passenger's failure to comply with this.
9.1.3 Items which are limited in transportation
The following items which may be agreed by Hainan Airlines and in accordance with Hainan Airlines' Regulations，are permitted to be transported.
9.1.3.1 Guns and ammunition, other than for hunting and sporting purposes, are prohibited from carriage as Baggage. Guns and ammunition for hunting and sporting purposes may be accepted as Checked Baggage. Guns must be unloaded with the safety catch on, and suitably packed. Carriage of ammunition is subject to ICAO and IATA regulations.
9.1.3.2 Antiques, swords or knives considered tourist souvenirs may only be transported as checked baggage within the relevant regulations.
9.1.4 Items which shall attach an exemption baggage tag
When accepting Baggage for carriage which is disputable in transportation responsibility, we shall attach an exemption baggage tag to exempt the corresponding responsibility of Hainan Airlines.
Fragile and damageable baggage
Improperly packed baggage
Small animals, fresh and alive objects, perishable goods or perishable goods carried in the baggage
The time for the passenger to transport the baggage is too late
Damaged baggage
Checked baggage whose weight and size is out of the limitation regulated by carrier or oversized baggage
Unlocked baggage or the lock is broken
Hand baggage whose size exceeds the limitation of the baggage in the cabin
9.2 Right to Refuse Carriage
9.2.1 Hainan Airlines may refuse carriage as baggage of such items described in 9.1.1 of this Article as are prohibited from carriage as baggage and may refuse further carriage of any such items on discovery thereof.
9.2.2 Hainan Airlines may refuse to accept baggage as checked baggage unless it is properly packed in suitcases or other similar containers to ensure safe carriage with ordinary care in handling.
9.3 Right of Search
For reasons of safety and security, Hainan Airlines may request the passenger to permit a search to be made of his person and his baggage, and may check, scan or X ray check to the passenger's baggage in his absence if the passenger is not available, for the purpose of determining whether he is in possession of or whether his baggage contains any item described in 9.1.1 above or any guns or munitions which have not been presented to Hainan Airlines in accordance with 9.1.3 above. If any damages caused by the X ray check or scan, Hainan Airlines takes no responsibility. If the passenger is unwilling to comply with such request Carrier may refuse to carry the passenger or baggage.
9.4 Checked Baggage
9.4.1 Upon delivery to Hainan Airlines of baggage to be checked, Hainan Airlines shall take custody thereof and issue a baggage identification tag for each piece of checked baggage.
9.4.2 Passenger shall label the name, contact way or other personal recognition mark in or out of the checked baggage.
9.4.3 Checked baggage should try to be carried on the same aircraft as the passenger, for the purpose of safety, security or transportation, unless Hainan Airlines decides that this is impracticable, in which case Hainan Airlines will carry the checked baggage on Carrier's next flight on which space is available.
9.4.4 Unless otherwise specified, the weight allowance of checked baggage can not exceed 50Kg and the maximum volume should not exceed 40cm x 60cm x 100cm. The baggage which exceeds above regulations should be transported as previously determined by Hainan Airlines.
9.5 Unchecked (Carry-On) Baggage
9.5.1 Baggage which the passenger carries on to the aircraft must fit under the seat in front of the passenger or in an enclosed storage compartment in the cabin.
9.5.2 Unless otherwise specified, the weight of carry-on baggage should not exceed 5Kg, and the maximum volume should not exceed 20cm x 40cm x 55cm. That baggage which exceeds above regulations should be transported as checked baggage.
9.5.3 If the weight or size of the passenger's baggage goes against regulations of 9.5.2, which makes the baggage unsuitable to be transported in the cargo compartment, such as delicate musical instrument, passenger shall inform Hainan Airlines in advance if he or she wants to carry it as unchecked baggage. Service providing for such baggage is extra. And unless receiving consent from Hainan Airlines, the baggage could not be carried into the cabin.
9.6 Free Baggage Allowance
9.6.1 In international transportation managed by Hainan Airlines, free baggage allowance can be calculated by weight and piece. When the flight is to or from the USA or Canada, piece calculation is applied and weight calculation is applied to any flight to or from other countries. Passengers should comply with the free baggage allowance according to the conditions and limits regulated by Hainan Airlines.
9.6.2 As for HU domestic sectors of international transportation under a single transportation contract, the free baggage allowance of the passenger should subject to the allowance listed in the ticket.
9.6.3 In the case of Passengers buying mixed level tickets, the free baggage allowance can be calculated according to the free baggage allowance regulated in different legs.
9.6.4 Where two or more passengers, travelling as one party to a common destination or point of stopover by the same flight, present themselves and their baggage for travelling at the same time and place, they may be permitted to total the free baggage allowance equal to the combination of their individual free baggage allowance.
9.6.5 In the event of a voluntary itinerary change, the free baggage allowance should follow the regulation applied to free baggage allowance of the ticket price level after the itinerary change. If it is an involuntary itinerary, the free baggage allowance follows the original regulations.
9.6.6 Weight calculation of free baggage allowance
In addition to some specified regulations of Hainan Airlines, the free baggage allowance of the checked baggage and unchecked baggage of every passenger is managed according to the following regulations:
9.6.6.1 Unless otherwise specified, 40kg free baggage allowance for each first-class adult passenger; 30kg free baggage allowance for each business-class adult passenger; 20 kg free baggage allowance for each economy class adult.
9.6.6.2 Children or infants traveling on child tickets have the same free baggage allowance regulated in 9.6.6.1. Infants paying 10% of an adult fare have 10KG free baggage allowance and a pushchair may be checked free of charge.
9.6.7 In addition to some specified regulations of Hainan Airlines, the free baggage allowance of the checked baggage and unchecked baggage of every passenger is managed according to the following regulations:
9.6.7.1 Unless otherwise specified, as for first-class or business-class adult, two bags per passenger may be checked free of charge, and the maximum weight and dimensions (length, width, and height) of each piece should not exceed 32kg and 158 cm (62 inches); as for economy class adult, two bags per passenger maybe checked free of charge, the maximum weight and dimensions of each piece should not exceed 23kg and 158 cm (62 inches), and Maximum dimensions of two pieces should not exceed 273 cm (107 inches).
9.6.7.2 Children or infants traveling on child tickets have the same free baggage allowance. Infants paying 10% of adult fare may have one piece of baggage with the weight and dimension not exceeding 23kg and 115 cm (45 inches) and in addition a baby stroller or carrying basket may be checked free of charge. 9.6.7.3 Passenger who wants to transport musical instrument, sports equipment or other special items must contact Hainan Airlines or its authorized agent.
9.7 Excess Baggage
9.7.1 Excess baggage can be carried only after the passenger pays the excess baggage charge and Hainan Airlines issues an excess baggage check.
9.7.2 Unless otherwise specified, If the bags exceed the weight limit specified, the excess baggage charge per kilogram is 1.5% of the highest adult direct one way fare.
9.7.3 Each piece of excess baggage will be charged according to the relevant regulations.
9.8 Value Declaration and Charge
9.8.1 A passenger may declare a value for checked baggage if the value of the baggage is more than USD20.00 per kilogram or its equivalent currencies.
9.8.2 The value declared can not be in excess of the real value of the checked baggage. The highest value declared is limited to a maximum of USD2500.00 or its equivalent currencies.
9.8.3 Hainan Airlines will charge additional value declaration expense if the value declared by the passengers is over 0.5% of the highest value declared regulated in 9.8.1.
9.8.4 Hainan Airlines does not apply value declaration to unchecked baggage, seat baggage, diplomatic pouches and other special items, for example a musical instrument. More information, please contact Hainan Airlines or its authorized agent.
9.8.5 Hainan Airlines does not apply value declaration to any animal carried by a passenger.
9.8.6 If partial transportation of the baggage with value declaration is carried by other carriers which do not offer value declaration service, Hainan Airlines has the right to refuse to offer value declaration service.
9.9 Collection and Delivery of Baggage
9.9.1 Passenger shall check his baggage with a valid ticket.
9.9.2 After baggage delivery, the passenger takes the baggage identification Tag for each piece of Checked Baggage as proof for baggage collection.
9.9.3 If passenger checks through baggage, which is disputable, he or she shall make a written promise to indemnify Hainan Airlines and attach an exemption baggage tag to exempt the corresponding responsibility of Hainan Airlines.
9.9.4 After obtaining permission of Hainan Airlines, passengers can check through cargo as carry-on baggage, but passenger will be charged according the excess baggage rate.
9.10 Delivery of Baggage
9.10.1 Passengers shall claim their baggage with their checked baggage identification tag as early as possible, and when necessary, the ticket and baggage check will be verified.
9.10.2 Hainan Airlines delivers the checked baggage by the baggage identification tag and has no responsibility for the damage and expense caused by the case that the person who claims the baggage is not the right passenger.
9.10.3 If the person who claims the baggage could not show the baggage check and identification tag, only when he offers a proof approved by Hainan Airlines and, when necessary, declares that he will compensate the possible damage or expensed for Hainan Airlines, he can claim the baggage.
9.10.4 When passengers claim baggage and do not offer a written objection, it will be basic proof that the baggage has been delivered according to the transportation abstract.
9.11 Special regulations about the transportation of seat baggage, fragile or valuable articles, and diplomatic pouches.
9.11.1 Seat Baggage
9.11.1.1 If the baggage has to take up a seat, passenger shall request space when reserving the seat, and the baggage can only be transported within the permission of Hainan Airlines.
9.11.1.2 Passenger takes responsibility for the seat baggage he or she carries. The weight of seat baggage for each seat may not be in excess of 75 kg and the package should be proper. To guarantee the safety of the flight, the seats of the passengers and their seat baggage shall be designated by Hainan Airlines and for the entire trip the baggage should be secured by safety belt. When necessary, the baggage should be fastened by a cross arm brace.
9.11.1.3 Seat baggage is not included in free baggage allowance and the fare is charged according to the adult ticket fare of passenger.
9.11.1.4 If the transportation is managed by successive carriers, agreement of relative successive carriers should be obtained.
9.11.2 Fragile or valuable baggage will be dealt in addition to the regulations in this condition; if the baggage requires a seat, management should follow 9.11.1.
9.11.3 Diplomatic pouches
9.11.3.1 According to the request of diplomatic couriers, Hainan Airlines handles it and the carrier bears the responsibility as checked baggage.
9.11.3.2 If diplomatic pouches require seats, 9.11.1 is applied.
9.12 Animals
9.12.1 Small Animals
9.12.1.1 Small animals refer to dogs, cats, household birds and other pets. Wild animals and other animals with strange shapes or are liable to injure people are not included in the category of small animals.
9.12.1.2 If passenger checks through small animals, the animals should be properly crated and accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit, failing which they will not be accepted for carriage.
9.12.1.3 If accepted as checked baggage, the animal, together with its container and food, shall not be included in the free Baggage allowance, but shall constitute excess baggage, for which passengers are obligated to pay the applicable charges.
9.12.1.4 Hainan Airlines has the right to decide the ways of transportation for small animals. And Hainan Airlines has the right to limit the amount of pets in one airplane. Small animals should be carried in cargo compartment.
9.12.1.5 The passenger whose small animal has caused other passengers or crew members damages or injuries will take full responsibility.
9.12.1.6 The transportation of small animals shall also comply with additional conditions in Hainan Airlines' Regulations.
9.12.2 Seeing-eye dogs , hearing-ear dogs and other assistance dogs
9.12.2.1 Seeing-eye dogs and other assistance dogs may be taken into the cabin with the permission of Hainan Airlines, but they have to be secured adequately and may not occupy a seat.
9.12.2.2 Hearing-ear dogs and other assistance dogs may be taken into the cabin with the same regulation in (a) of this 9.12.2.1. The passenger carrying assistance dog shall provide its valid certificates issued by an appropriate institution.
9.12.2.3 When seeing-eye and hearing-ear dogs are carried in the cargo compartment, they must be in suitable containers.
9.12.2.4 Seeing-eye dogs, hearing-ear dogs and their containers and food may be transported free of charge and shall not be counted in free baggage allowance.
9.12.3 Passengers are completely liable for the injury or death of the animals above, except the case that Hainan Airlines is clearly responsible for the injury or death either intentionally or by accident. On some long-distance flights without stopovers or some special types of aircraft, it is not suitable to carry seeing-eye or hearing-ear dogs and Hainan Airlines has the right to refuse the carriage of the animals. Hainan Airlines bears no responsibility for the injury, loss, delay, disease or death of the animals when the animals cannot be accepted.
Article X: Schedules, Delays, Cancellation of Flights-10.1 Schedules
10.1.1 Hainan Airlines undertakes to use its best efforts to carry the passenger and his or her baggage with reasonable dispatch. Times shown in the ticket, timetables or elsewhere are not guaranteed and do not form part of the Contract of Carriage.
10.1.2 Hainan Airlines will not be liable for errors or omissions in timetables or other publications of schedules or in statements or representations made by employees, agents or representatives of Hainan Airlines as to the dates or times of departure or arrival or as to the operation of any flight.
10.1.3 Schedules are subject to change without notice. Hainan Airlines may when circumstances so require alter or omit stopping places shown on the ticket or in schedules and may without notice substitute alternate carriers or aircraft.
10.2 Cancellation, Changes of Schedule
10.2.1 For the following circumstances, Hainan Airlines may substitute a different type of aircraft or different routing, change a carrier, cancel, terminate, postpone or delay a flight without prior notice.
10.2.1.1 To obey the applicable laws, regulations or orders of the government
10.2.1.2 To guarantee the safety of flight
10.2.1.3 Unpredictable or uncontrollable reasons
10.2.2 According to Montreal Convention, if the flight is canceled, terminated, diverted, postponed or delayed because of some special circumstances such as unstable politics, weather conditions affecting the operation of flights, safety risks, unexpected flight safety defects, certain labor disputes or strikes influencing the management of the carrier, the Carrier takes no responsibility if the Carrier has tried its best to take all reasonable measures to avoid the damage.
10.2.3 If the decision of traffic control about the relative specific aircraft on some specific date causes an extended flight delay, whole-night delay or one or more flight cancellations related to the aircraft, this special event is considered to exist, though the carrier will take all reasonable measures to avoid the delay or cancellation of the flight.
10.3 Subsequent Arrangement
10.3.1 If Hainan Airlines cancels, terminates, diverts, postpones or delays a flight, substitutes a different type of aircraft or different class of service, is unable to provide previously confirmed space, fails to stop at a passenger's stopover or destination point, or causes the passenger to miss a connecting flight on which he holds a reservation and reasons listed in 10.2.1, we shall, with due consideration to the passenger's reasonable interests, either:
10.3.1.1 Rebook the passenger on another of its scheduled passenger services on which space is available or assist the passenger in rebooking on another carrier.
10.3.1.2 Provide a refund according to the relative regulations about involuntary refund in 12. 5 of Article 12.
10.3.1.3 Assist the passenger in certain services such as accommodations and ground transportation. A passenger at his or her point of origin will pay his own expense. The service provided for the transfer and transit passenger will be managed according to the regulations of Hainan Airlines.
10.3.2 If Hainan Airlines cancels, terminates, diverts, postpones or delays a flight, substitutes a different type of aircraft or different class of service, is unable to provide previously confirmed space, fails to stop at a passenger's stopover or destination point, or causes the passenger to miss a connecting flight on which he holds a reservation because of Hainan Airlines, Carrier shall, with due consideration to the passenger's reasonable interests, either:
10.3.2.1 Rebook the passenger on another of its scheduled passenger services on which space is available or assist the passenger in rebooking with another Carrier to carry him or her to their destination.
10.3.2.2 Provide a refund according to the relative regulations about involuntary refund in 12. 5 of Article 12.
10.3.2.3 Assist the passenger in certain services such as accommodation and ground transportation according to the regulations of Hainan Airlines.
10.3.2.4 In addition to those measures above, Hainan Airlines takes no further responsibility to the passenger.
10.4 If Hainan Airlines cancels, terminates, postpones or delay the flights because of reasons caused by Hainan Airlines, Hainan Airlines will provide the passenger with services such as meals, accommodations and certain other services Hainan Airlines considers necessary but it does not promise to offer services over the regulated standards.
10.4.1 Cancellation of the flight on which the passenger has made a reservation.
10.4.2 Cancellation of the flight on which the stops include the departure, the destination or stopovers of the passengers.
10.4.3 Not flying in reasonable time according to the timetable.
10.4.4 Causing the passenger to miss the subsequent flight in which he has made a reservation.
10.4.5 Not providing the reserved seat.
Article XI: Change Itineraries and Tickets-11.1 when a passenger who has started his or her travel but has not reached their destination asks for changing the specified unused flight, destination, carrier, seat class, flight or the validity of the Ticket, it is defined as a voluntary itinerary change. When the Carrier, which cancels the flight in which space is reserved, cancels the landing at the destination or stopovers of the passenger, does not fly reasonably according to the schedule, or cannot provide reserved space, causes the passengers to change the itinerary, it is defined as an involuntary itinerary change.
11.2 handle the voluntary itinerary change in accordance with the following regulations:
11.2.1 Passenger shall request it before reaching the destination.
11.2.2 After the itinerary change, the fare and charges for the original routing shall still be applicable to the revised routing.
11.2.3 If the fare and charges for the revised routing is lower than what the passenger has paid, the Carrier shall refund the difference; if it is higher, the passenger shall pay the difference.
11.2.4 After the itinerary change, the validity period of the new ticket shall be the same as the original one and it will be counted from the midnight of the next day after the transportation specified on the first flight coupon of the original ticket.
11.3 if the execution of 10.2.1 in Article 10 causes the passenger to have an involuntary itinerary, the Carrier shall, with due consideration to the passenger's reasonable needs, either:
11.3.1 Rebook the passenger on the first flight where space is available or endorse the ticket to another Carrier.
11.3.2 Change the passengers' flight and arrange the passenger or endorse his or her ticket to another Carrier to send the passenger to the destination or stopover.
11.3.3 Handle the problem according to the regulations 12.5 of Article 12 of these conditions.
11.3.4 Assist the passenger in services such as accommodations and ground transfers. The expenses of the passenger from departure are the responsibility of the passenger.
11.4 When the Carrier causes the passenger to change his flight involuntarily; the Carrier should handle the problem according to the regulations of 11.3.1,11.3. 2 and 11. 3.3 in this article. In addition, such services as a rest area, beverages, meals, accommodations and some other necessary services shall be provided to the passenger at no charge.
11.4.1 The Carrier causes the passenger to cancel his reserved flight.
11.4.2 The Carrier's flight does not stop at the destination or stopover of the passenger.
11.4.3 The Carrier does not reasonably arrange the schedule of the flight.
11.4.4 The Carrier does not provide the travelers with pre-reserved seats.
11.4.5 The Carrier causes the passenger miss the reserved connecting flight.
Articlel XII: Refunds-12.1 General
12.1.1 On failure by Hainan Airlines to provide carriage in accordance with the contract of carriage, or where a passenger requests a voluntary change of his or her arrangements, refund for an unused ticket or portion thereof shall be made by Hainan Airlines and its authorized agent in accordance with this Article and with Hainan Airlines' Regulations.
12.1.2 Passenger should request a refund within the validity period of the Ticket. Hainan Airlines may refuse a refund where application is made after the expiry of the validity of the Ticket.
12.2 Place for refund
A refund should be made in the place where the ticket is issued or another place agreed by Hainan Airlines.
12.3 Currency
All refunds will be subject to government laws, and related regulations of the country in which the ticket was originally purchased and of the country in which the refund is being made. Refunds will be made in the currency in which the ticket was paid for, or, at the option of Hainan Airlines, in the currency of the country where the ticket was purchased or where the refund is being made.
12.4 Person to Whom Refund Will Be Made, Document needed and Discharge
12.4.1 Hainan Airlines shall be entitled to make refund to the person named in the ticket.
12.4.2 If a ticket has been paid for by a person other than the passenger named in the ticket, and Hainan Airlines has indicated on the ticket that there is a restriction on refund, Hainan Airlines shall make a refund only to the person paying for the ticket or to that person's order.
12.4.3 If a person to whom the refund is made other than the passenger named in the ticket, such person must show his or her valid identification and the valid identity card of the passenger named in the ticket and a notarized letter which passenger has signed.
12.4.4 Except in the case of lost tickets, refunds will only be made on surrender to Hainan Airlines of the passenger coupon or passenger receipt and surrender of all unused flight coupons. The passenger who buys an electronic ticket should show his or valid identity card.
12.4.5 A refund made to anyone presenting the flight coupons, the passenger coupon and payment voucher in terms of 12.4.1,12.4.2 and 12.4.3 shall be deemed a proper refund and shall discharge Hainan Airlines from liability.
12.5 Involuntary Refunds
Because of one of the reasons listed in 3.6.1 of Article 3 and 10.2 of Article 10, refund will be made according to following regulations:
12.5.1 If no portion of the Ticket has been used, refund the entire paid fare.
12.5.2 If a portion of the Ticket has been used, as provided in Hainan Airlines' Regulations, the refund amount is equal to the applicable fare for the part of the journey not traveled. No cancellation charge will be collected.
12.6 Voluntary Refunds
If the passenger wishes a refund of his ticket, the amount of refund shall be calculated in following regulations:
12.6.1 If no portion of the Ticket has been used, an amount equal to the fare paid, less any reasonable service charges or cancellation (refund) fees.
12.6.2 If a portion of the Ticket has been used, the refund will be an amount equal to the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used, less any reasonable service charges or cancellation fees.
12.7 Right to Refuse Refund
12.7.1 Hainan Airlines may refuse refund when a ticket is not permitted to be refunded according to applicable fares or Hainan Airlines Regulations. Hainan Airlines may refuse a refund when application is made later than thirty days after the expiry of the validity of the ticket.
12.7.2 Hainan Airlines may refuse a refund on a ticket which has been presented to Hainan Airlines or to government officials of a country as evidence of intention to depart therefore, unless the passenger establishes to Hainan Airlines' satisfaction that he has permission to remain in the country or that he will depart therefore by another carrier or another means of transport.
Article XIII: Conduct Aboard Aircraft-13.1 If the passenger conducts him or herself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstructs the crew in the performance of their duties, or fails to comply with any instruction of the crew, or behaves in a manner to which other passengers may reasonably object, Hainan Airlines may take such measures as it deems necessary to prevent continuation of such conduct, including restraint of the passenger.
13.2 The passenger may not operate aboard the aircraft portable radios, mobile phones(including mobile phones in airplane mode), electronic games or transmitting devices including radio controlled toys and walkie-talkies. The passenger shall not operate any other electronic devices on board without Hainan Airlines' permission, except that hearing aids and heart pacemakers may be used.
Article XIV: Common Services-14.1 Hainan Airlines will not liable for the fares to include ground transport service between airports and between airports and town centers. Hainan Airlines will not liable for the conduct or negligence in such ground transport service or any help provided by a sales agent to the passenger in such ground transport service.
14.2 passenger responsible for ground accommodation fees paid for food and housing (accommodation) in the process of a connecting flight.
14.3 during the flight, Hainan Airlines will provide passenger drinks or meals according to regulations. Relevant fee will be charged by Hainan Airlines, if the service required by passenger is outside of Hainan Airlines' Regulations.
Article XV: Additional Services Arrangements- If in the course of concluding the contract of carriage by air, Hainan Airlines agrees to make arrangements for the provision of additional services, Hainan Airlines is not liable to the passenger for any damage, loss or expense whatsoever arising from or in connection with such arrangements.
Article XVI: Administrative Formalities-16.1 General
16.1.1 The passenger shall be solely responsible for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or over, and with Hainan Airlines' Regulations and instructions.
16.1.2 Hainan Airlines shall not be liable for any aid or information given by any agent or employee of Hainan Airlines to any passenger in connection with obtaining necessary documents or visas or complying with such laws, regulations, orders, demands, and requirements, whether given in writing or otherwise; or for the consequences to any passenger resulting from his failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
16.2 Travel Documents
16.2.1 The passenger shall present all exit, entry, health and other documents required by laws, regulations, orders, demands or requirements of the countries concerned, and permit Hainan Airlines to take and retain copies thereof.
16.2.2 Hainan Airlines reserves the right to refuse carriage of any passenger who has not complied with applicable laws, regulations, orders, demands or requirements or whose documents do not appear to be in order, or who does not permit Hainan Airlines to take and retain copies thereof.
16.3 Refusal of Entry
16.3.1 The passenger agrees to pay the applicable fare whenever Hainan Airlines, on government order, is required to return a passenger to his point of origin or elsewhere owing to the passenger's inadmissibility into a country, whether of transit or of destination.
16.3.2 Hainan Airlines may apply to the payment of such fare any funds paid to Hainan Airlines for unused carriage, or any funds of the passenger in the possession of Hainan Airlines.
16.3.3 The fare collected for carriage to the point of refusal of entry or deportation will not be refunded by Hainan Airlines.
16.4 Fines, Detention Costs, etc
16.4.1 If Hainan Airlines is required to pay or deposit any fine or penalty or to incur any expenditure by reason of the passenger's failure to comply with laws, regulations, orders, demands and travel requirements of the countries concerned or to produce the required documents, the passenger shall on demand reimburse to Hainan Airlines any amount so paid or deposited and any expenditure so incurred.
16.4.2 Hainan Airlines may use towards such expenditure any funds paid to Hainan Airlines for unused carriage, or any funds of the passenger in the possession of Hainan Airlines.
16.5 Customs Inspection
16.5.1 If required, the passenger shall be present at the inspection of his baggage, checked or unchecked, by customs or other government officials.å-检查；
16.5.2 Hainan Airlines is not liable to the passenger for any loss or damage suffered by the passenger through failure to comply with above-mentioned requirement.
16.6 Security Inspection
The passenger shall submit to any security checks by government or airport officials or by Hainan Airlines.
16.7 Laws and Regulations
Hainan Airlines is not liable if it determines that what it understands to be applicable law, government regulation, demand, order or requirement requires that it refuse and it does refuse to carry a passenger.
Article XVII: Successive Carriers-17.1 Carriage to be performed by several successive Carriers under one ticket, or under a ticket and any conjunction ticket issued in connection therewith，is regarded as a single operation.
17.2 for passenger's damage, except expressly regulated that the first Carrier takes full responsibility for the whole flight, passenger or any person is entitled to file claim only to the Carrier of which flight an accident happens or delays.
17.3 Passenger has the right to make a claim against the first Carrier for the damage of checked baggage. The person entitled to delivery the baggage has the right to make a claim against the last Carrier. Passenger also can make a claim against the Carrier in whose transport segment destruction, loss, damage or delay is occurred. The Carriers above should be jointly liable to the passenger.
Article XVIII: Liability for Damage-18.1 Hainan Airlines will liable for the damage of the passenger occurring on the aircraft or boarding or descending the aircraft but is not liable for the death of the passenger totally caused by the passenger's health condition.
18.2 Hainan Airlines will be liable for any destruction, loss or damage occurring during carriage in flight or within a period controlled by Hainan Airlines. Hainan Airlines will liable for the damages of unchecked baggage and hand baggage because of Hainan Airlines' employee or agent mistakes. But Hainan Airlines will not liable for the damage of baggage (including checked baggage, unchecked baggage and hand baggage) if it caused by the defect, quality and flaw of the baggage. Hainan Airlines does not assume liability for normal wear and tear to baggage, which includes: damage to or loss of protruding baggage parts such as straps, pockets, pull handles, hanger hooks, wheels and feet, or other items attached to the baggage as well as damage to over sized/over packed bags.
18.3 Hainan Airlines will be liable for the damage of the passenger and baggage caused by Hainan Airlines' delay in the transportation. But Hainan Airlines will not liable for the damage if Hainan Airlines' employee or agent has taken all measures to avoid damage or it is impossible for him to take such measure. Damaged or delayed property must be reported to Hainan Airlines according to Hainan regulations and time limits, otherwise Hainan is not liable for responsibility.
18.4 if it is confirmed that the losses are caused or facilitated by the faults of the claimant or the one from whom the claimant obtains rights, Hainan Airlines will be exempted from liability or just bear reduced responsibilities according to the degree of such faults which have caused or facilitated the losses. If confirmed by Hainan Airlines that other person rather than the passenger requires compensation for the passenger's injury or death and such injury or death is caused or facilitated by the passenger's own faults, Hainan Airlines will be exempted from liability or just bear reduced responsibilities according to the degree of such faults which have caused or facilitated the injury or death.
18.5 on the limitation of liability
18.5.1 International Carriage as defined in the 1999 Montreal Convention, is subject to the liability rules of such Convention.
18.5.2 International Carriage as defined in the 1929 Warsaw Convention and 1955 Hague Protocol but not in 1999 Montreal Convention, is subject to the liability rules of Warsaw Convention and Hague Protocol.
18.5.3 Where International Carriage is not subject to the liability rules of the Convention, is subject to the bilateral agreement or Civil Aviation Law of The People's Republic of China and related regulations about applicable laws, government regulations or orders.
18.6 on the limitation of liability regulated in Convention
18.6.1 Warsaw Convention and Hague Protocol
18.6.1.1 The compensation for injuries or deaths paid by Hainan Airlines to passenger will not exceed two hundred fifty thousand French francs or its equivalent.
18.6.1.2 The compensation for checked baggage paid by Hainan Airlines is no more than two hundred and fifty French francs per kilogram or its equivalent. The compensation for unchecked baggage or hand baggage paid by Hainan Airlines is no more than five thousand French francs per passenger or its equivalent. If no baggage weight record in the baggage check, the weight of the checked baggage will be regarded as not exceed the free baggage allowance to the related class of cabin. The compensation for checked baggage, which has declared its value subject to 9.8 of Article 9 shall be within the value declaration.
18.6.2 1999 Montreal Convention》
18.6.2.1 he compensation for injuries or deaths paid by Hainan Airlines to passenger who has no more than one hundred thousand SDRs is subject to the regulations in subparagraph 1 paragraph 20 and paragraph 20 of the Convention.
18.6.2.2 The compensation for baggage (including checked baggage, unchecked baggage and hand baggage) paid by Hainan Airlines to passenger is no more than one thousand SDRs or its equivalent. The compensation for checked baggage, which has declared its value subject to 9.8 of Article 9 shall be within the value declaration.
18.7 to the extent not in conflict with the foregoing and whether or not the Convention applies:
18.7.1 Hainan Airlines is liable only for damage occurring on its own line. Hainan Airlines issuing a ticket or checking baggage over the lines of another carrier does so only as agent for such other carrier.
18.7.2 Hainan Airlines is not liable for any damage arising from its compliance with any laws or government regulations, orders or requirements, or from failure of the passenger to comply with the same.
18.7.3 Hainan Airlines' liability shall not exceed the amount of proven damages. Hainan Airlines shall furthermore not be liable for indirect or consequential damages.
18.7.4 Hainan Airlines is not liable for injury to a passenger or for damage to a passenger's baggage caused by property contained in such passenger's baggage. Any passenger whose property causes injury to another person or damage to another person's property or to the property of Hainan Airlines shall indemnify Hainan Airlines for all losses and expenses incurred by Carrier as a result thereof.
18.7.5 Hainan Airlines is not liable for damage to fragile or perishable items, money, jewelry, precious metals, silverware, negotiable papers, securities or other valuables, business documents, passports and other identification documents, samples, medicines or drugs, which are included in the passenger's checked and carry-on baggage.
18.7.6 If a passenger is carried whose age or mental or physical condition is such as to involve any hazard or risk to himself or herself, Hainan Airlines shall not be liable for any illness, injury, disability or death.
18.7.7 Any exclusion or limitation of liability of Hainan Airlines shall apply to and be for the benefit of agents, employees and representatives of Hainan Airlines and any person whose aircraft is used by Hainan Airlines and Hainan Airlines' agents, employees and representatives. The aggregate amount recoverable from Hainan Airlines and from such agents, employees, representatives and persons shall not exceed the amount of Hainan Airlines' limit of liability.
Unless so expressly provided nothing herein contained shall waive any exclusion or limitation of liability of Carrier under the Convention or applicable laws.
Article XIX: Time Limits on Claims (Complaints) and Actions-19.1 Time Limitation on Claims (Complaints)
19.1.1 In the case of damage to checked baggage, the person entitled to delivery should file a complaint to Hainan Airlines forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt. In the case of delay, the complaint must be made at the latest within twenty-one days from the date on which the baggage has been placed at his disposal.
19.1.2 No action shall lie if the person entitled to delivery does not file a complaint to Hainan Airlines according to regulations above.
19.2 Time Limitation on Actions
Any right to damages shall be extinguished if an action is not brought within two years reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court seized of the case.
Article XX: Modification and Effectiveness-20.1 according to Regulations made by Civil Aviation Administration of China (CAAC), Hainan Airlines has the right to modify these regulations of carriage without prior notice. This kind of modification does not apply to carriage that has already begun prior to such modification.
No agent, employee or representative of Hainan Airlines has authority to alter, modify or waive any provision of these Conditions of Carriage.
20.2 there are two versions of these Conditions, a Chinese version and an English version. In the event of any dispute, the Chinese version will be taken as final.
20.3 These conditions have been put on record in Civil Aviation Administration of China (CAAC) and will come into effect on Nov, 20th, 2009.
International Terms and Conditions of Carriage to and from Canada
Hainan Airlines Co., Ltd has the right to interpret these conditions.