第一条 《华夏航空股份有限公司旅客、行李国际运输总条件》（以下简称“条件” ） 中的下列用语，除具体条文中有其它要求或另有规定外，含义如下：
(一)“公约” 是指根据合同规定适用于该项运输的一九二九年十月十二日在华沙签订的《统一国际航空运输某些规则的公约》 （简称华沙公约）和一九五五年九月二十八日在海牙签订的《修改一九二九年十月十二日在华沙签订的统一国际 航空运输某些规则的公约的议定书》（简称海牙议定书）以及一九九九年五月二十八日在蒙特利尔签订的 《统一国际航空运输某些规则的公约》（简称 1999 年蒙特利尔公约）。
(四) “代码共享或代码共享航班”，指承运人通过协议在另一承运人实际承运的航班上使用自己公 司航班号或多家公司通过协议在同一个航班上使用各自的航班号的航班。
(八)“华夏航空”指华夏航空股份有限公司的简称。其英文名称为 CHINA EXPRESSAIRLINES COMPANY LIMITED ， 英文简称 CHINA EXPRESS；航空公司二字代码为 G5；三字代码为 HXA； IATA 结算代码为 987；网址www.chinaexpressair.com。
(十四)“婴儿”指旅行开始之日满 14 天但不满两周岁的人。
(十五)“客票”指承运人或其授权代理人销售或认可并赋予运输权力的有效文件，包括纸质客票和电子客票 。纸质客票是指由承运人或代表承运人所填开的被称为“客票”及行李票的凭证，包 括运输合同条件、声明、通知以及乘机联和旅客联等内容。电子客票是普通纸质客票的电子替代产品。
(二十八)“中途分程”指经承运人事先同意，旅客在出发地点和目的地点间旅行时由旅 客有意安排在某个地点的旅程间断，且间断时间在 24 小时（含）以上。
(三十二) “特别提款权（Special Drawing Right--SDR）”是指由国际货币基金组织定义的特别提款权。
(一) 除本条第(二)款、本章第二条、第三条另有规定外，本条件适用于华夏航空以民用航空器运送旅客、行李而收 取报酬的国际运输。华夏航空以民用航空器运送旅客、行李而收取报酬的港澳台地区运输参照本条件执行。
客票是客票上所列承运人和旅客之间航空运输合同订立和运输合同条件的初步证据。承运人只向持 有承运人或其授权代理人填开的客票的旅客提供运输并按本运输条件承担适用的责任。客票始 终是出票承运人的财产。客票中的合同条件是本运输条件部分条款的摘述。
2)旅客必须声明同意赔偿可能由此造成华夏航空的一切损失，包括已经或今后被他人冒用或冒退， 以及必要的诉讼费用。华夏航空将根据旅客请求，在不违反原票价规定的前提下，按照华夏航空规定 收取手续费，并填开新客票以替代上述客票或其部分客票。
(二)持正常票价客票或特种票价客票的旅客未能在客票有效期内旅行，是由于 华夏航空在该旅客定座时未能提供该客票舱位等级的航班座位，其客票有 效期可以延长至华夏航空能够按照该客票已付票价的舱位等级提供座位的第一个航班为止。
(三)旅客开始旅行后，因病不能在客票有效期内继续旅行，除华夏航空对所付票价另有适用规定外， 该客票有效期可以延长到根据医生证明旅客已恢复适宜乘机之日，或延长到华夏航空 能够按照该客票已付票价的舱位等级提供座位的自恢复旅行地点的第一个航班为止。当客票中未使 用的部分含有一个或一个以上中途分程地点时，该客票的有效期则可以按照华夏航空的规定， 根据医生证明适宜乘机之日起延长最多不超过三个月；患病旅客的陪同人员，其客票也可根据华夏航空的规定予以延长。
(四)如果旅客在旅途中死亡，则可以变更其陪同人员客票的最短停留期限或者延长其客 票的有效期；如果旅客开始旅行后，其亲属发生死亡，该旅客及其陪同亲属的客票有效期也 可同样予以延长，此种客票的变更必须在收到死亡 证明以后才能办理，其客票有效期的延长从死亡之日起最多不超过四十五天。
适用票价是华夏航空和华夏航空的委托机构公布的票价，无公布票价的为华夏航空按规定组合的票价。除非 另有规定，适用票价是客票第一航段的航班运输开始之日有效的票价。旅客购票后，如果变更航程或者旅行日 期，应当按照华夏航空规定由旅客支付相关费用或者给旅客退还差额。
(一)未经华夏航空或其授权代理人记录认可，不得认为定座已得到确认。定座只有在旅客按照华夏航 空规定的定座手续和购票时限支付票款，经华夏航空或其授权代理人填开客票并将定座情况 列入有关客票，才能认为定座已经完成并有效。
旅客认可向华夏航空提供的个人资料，旨在用于定座和安排相关的运输服务，以及办理移民和入境手续。 为此，旅客授权华夏航空保留其个人资料且有权将资料传递给地处任何国家的政府机构 、华夏航空有关部门、其他相关承运人或相关服务的提供者。
(二) 非用于狩猎和体育运动的枪支和弹药禁止作为行李运输。用于狩猎和体育运动的枪支和弹药，可凭有效的枪支运输许可证作为托运行李运输。枪支必须卸下子弹、扣上保险并妥善包装。弹药的运输应按第一条第(一)款 2 点所述的国际民用航空组织和国际航空运输协会的有关危险品的规定办理；
(五)除另有规定外，托运行李每件重量最大不能超过 50 公斤，体积不能超过 40厘米×60 厘米×100 厘米。超过上述规定的行李，应事先征得华夏航空的同意才能托运。
(二)除另有规定外，华夏航空允许每位旅客免费携带一件重量以 5 公斤为限的非托运行李进入客舱，其体积不得超过 20 厘米×40 厘米×55 厘米。超过上述规定的行李，应当作为托运行李运输。
a)除另有规定外,按适用的头等舱票价购票的成人旅客，享有 40 公斤的免费行李额；按适用的公务舱票价购票的成人旅客，享有 30 公斤的免费行李额；按适用的经济舱票价购票的成人旅客，享有 20 公斤的免费行李额。
a)除另有规定外，按适用的头等舱或公务舱票价购票的成人旅客，可以免费托运两件行李，每件行李的重量不超过 32 公斤且长宽高三边之和不得超过 158厘米（62 英寸）；按适用的经济舱票价购票的成人旅客可以免费托运两件行李，每件行李的重量不超过 23 公斤,且长宽高三边之和不得超过 158 厘米（62 英寸），但两件行李的总长累计不得超过 273 厘米（107 英寸）。
b)儿童与按儿童相同票价购票的婴儿，享有与成人相同的免费行李额。按适用票价 10%购票的婴儿可免费托运一件行李，每件行李最大重量不得超过 10公斤，且其长、宽、高三边之和不得超过 115 厘米，另可携带一件折叠式婴儿车。
(一)旅客的托运行李其价值如果每公斤超过 20 美元或等值的其它货币。
(二)托运行李的声明价值不能超过行李本身的实际价值。每一旅客的行李声明价值最高限额为 2500 美元或等值的其它货币超过此限额或华夏航空对声明价值有异议而旅客又拒绝接受检查时，华夏航空有权拒绝收运。。
2)旅客带入客舱的占座行李由其自行照管，占用每一座位的行李重量不得超过 75 公斤，其包装要适当。为了保证飞行安全，旅客及其行李所占用的座位要由华夏航空指定，在整个旅途中行李用安全带加以固定，必要时须用紧固物系扎牢固。
(一)若属于 1999 年《蒙特利尔公约》规定的“国际运输”，则优先适用该公约关于责任限额的规定。
(二)若属于 1929 年《华沙公约》及 1955 年《海牙议定书》规定的“国际运输”，但不属于 1999 年《蒙特利尔公约》规定的“国际运输”，则适用《华沙公约》及其《海牙议定书》关于责任限额的规定。
1)华夏航空对旅客伤亡的赔偿责任限额不超过 250,000 法国金法郎或等值货币。
2)华夏航空对托运行李的赔偿责任限额不超过每公斤 250 法国金法郎或等值货币；对非托运行李和旅客随身携带物品的责任限额不超过每一旅客 5,000 法国金法郎或等值货币。行李票上如果没有行李重量记录，托运行李的总重量被认为不超过所乘座位等级适用的免费行李额。按照本条件第九章第八条办理声明价值的托运行李，其损害赔偿以该声明价值为限。
1)华夏航空对每名旅客不超过 113100 特别提款权的旅客伤亡赔偿责任适用公约第二十一条第一款和第二十条的规定。
2)华夏航空对在航空运输中因延误引起的损失，赔偿责任限额不超过每位旅客 4,194 特别提款权或等值货币。但是，经证明华夏航空及其受雇人和代理人为了避免损失的发生，已经采取一切可合理要求的措施或者不可能采取此种措施的，华夏航空不对因延误的损失承担责任。
3)华夏航空对行李（包括托运行李、非托运行李和旅客随身携带物品）的赔偿责任限额不超过每名旅客 1131 特别提款权或等值货币。按照本条件第九章第八条办理声明价值的托运行李，其损害赔偿以该声明价值为限。
(一)在旅客、行李运输中，有关损害赔偿的诉讼，不论其根据如何，是根据所在国法律、根据合同、根据侵权，还是根据其他任何理由，只能依照《统一国际航空运输某些规则的公约》（1999 年 5 月 28 日订于蒙特利尔）规定的条件和责任限额提起。
(二)依照《统一国际航空运输某些规则的公约》（1999 年 5 月 28 日订于蒙特利尔）规定，在任何此类诉讼中，均不得提出惩罚性、惩戒性或者任何其他非补偿性的损害赔偿。
第三条 本条件已报中国民用航空局备案，并自 2018年 1 月 20 日起生效并施行。
General Conditions of International Transport for Passenger and Baggage of China Express
Chapter I General
Except otherwise required or regulated in the specific terms, the following terms in the General Conditions of International Transport for Passenger and Baggage of China Express shall have the following meanings:
(1) “Convention” means the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on October 12, 1929 (abbr. the Warsaw Convention), the 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) and the Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal on May 28, 1999 (abbr. the Montreal Convention) applicable to the transport as regulated in the contract.
(2) “International transport” means carriage in which, according to the contract of carriage, the place of departure, the place of destination or any agreed stopover place, whether or not there is a break or transfer in the transportation, is not situated in the People’s Republic of China.
(3) “Carrier” means the public air carrier issuing the ticket, carrying or undertaking to carry the passengers and their baggage thereunder.
(4) "Code sharing or code sharing flight", refers to the flight that the carrier uses its own flight number on the flight actually carried by another carrier by contract, or several companies use their own flight number on a same flight by contract.
(5) “Contracting carrier” shall refer to the person who enters into air transport contract with passengers or their agents in its own name.
(6) “Actual carrier” means the person performing all or part of the transport contract according to the authorization of the contracting carrier.
(7) “Issuing carrier” means the carrier showing its accounting code on flight coupons of passenger tickets.
(8) “China Express” is the abbreviation of China Express Airlines Company Limited; the ITTA code is G5; the ICAO code is HXA; the IATA settlement code is 987; the website is www.chinaexpressair.com.
(9) “Regulations of China Express” shall refer to the regulations lawfully stipulated and announced by China Express for the management of the transport of passengers and their baggage, and valid for both parties as of the ticket issuing date, including the effective applicable fare and applicable conditions.
(10) “Authorized sales agent” shall refer to the sales agent designated by the carrier and representing the carrier to sell air transport of passengers for its flights and the flights of other air carriers authorized by it.
(11) "Authorized ground service agent" shall refer to the ground service agent designated by China Express to provide ground services for its flights.
(12) "Passenger" shall refer to any person other than the crew members that the carrier agrees to carry on its civil aircraft.
(13) "Child" shall refer to the person who is above two years old but under 12 years old as of the beginning date of the journey.
(14)"Infant" refers to a person who is above 14 days old but under 2 years old since the beginning of the journey.
(15) "Passenger ticket" shall refer to the valid document that is sold or recognized and granted with transport authority by the carrier or its authorized agent, including paper ticket and electronic ticket. Paper ticket refers to the voucher issued by or on behalf of the carrier and referred to as the “passenger ticket” or baggage ticket, including contents such as transport contract conditions, statement, notification and flight coupon and passenger coupon. Electronic ticket shall be the electronic substitute of ordinary paper ticket.
(16) “Electronic passenger ticket” shall be the substitute of paper ticket,
(17) “Electronic ticket itinerary” is the paper document recording information such as the name of passenger, route of trip and fare.
(18) "Conjunction ticket" means the ticket issued to passengers and connected with another ticket, which together constitute a single transport contract.
(19) "Passenger coupon" shall refer to the part of a paper ticket that indicates “passenger coupon”, which is always held by the passenger.
(20) "Flight coupon" shall refer to the part of a paper ticket that indicates “for transport”, indicating that the flight coupon applies to the transport between the two designated locations.
(21) "Day" shall refer to calendar day calculated on basis of 7 days per week. However, when it is used for issuing notice, the notice issuance date shall not be counted; when determining the date of validity of the ticket, neither the ticket issuance date nor the flight start date shall be counted.
(22) "Baggage" shall refer to the items and other personal belongings that a passenger carries in the trip for purposes of wearing, using, comfort or convenience. Except otherwise regulated, it shall include the checked baggage and unchecked baggage of passengers.
(23) "Checked baggage" means baggage of which carrier takes custody and carriage and for which carrier has issued a baggage check.
(24) “Unchecked baggage” means baggage other than checked baggage attended by the passenger.
(25) "Baggage tag" shall refer to the symbol for identification of baggage and the receipt voucher of the checked baggage by passenger.
(26) "Baggage ticket" shall refer to the document issued by the carrier for the verification of checked baggage.
(27) “Excess baggage” means the portion in excess of the free baggage allowance of weight or quantity.
(28) “Agreed stopover place” means the place, except the place of departure and the place of destination, set forth in the ticket or shown on the timetables of the carrier as a scheduled stopping place on the passenger’s route.
(29) "Stopover point" refers to the journey discontinuance over 24h (including) at a place intentionally arranged by a passenger while traveling between the place of departure and the destination after obtaining the consent of the carrier.
(30) “Damage” means
1) “Damage” means the loss caused by the death of or bodily injury to a passenger resulting from the accident occurring on the aircraft or during the course of getting on or getting off the aircraft;
2) Loss arising from the destruction, loss or damage of checked baggage caused by the accident occurring on the aircraft or during the period when the checked baggage is under the control of the carrier;
3) Loss caused to unchecked baggage attended by a passenger due to fault of the carrier or its agent.
(31) "French gold franc" is a currency unit that contains a total of 65.5mg of gold with the purity of 900‰. This amount can be converted into the currency of any country after being rounded into integer.
(32) “Normal ticket fee" means the highest price admitted in the first class, business and economy classes in the applicable period, as well as the corresponding children and infant ticket fees.
(33) “Special ticket fee” means the other ticket fee other than normal ticket fee.
(34) “Special drawing right (SDR)” means the special drawing right defined by IMF.
(35) “Service dog” means the special dog providing assistance for the living and working of the disabled, including auxiliary dog, guide dog and guide dog.
"Valid flight identity documents" shall refer to the certificate of identity that must be shown when the passenger buys a ticket and checks in the flight as required by the issued by the competent government authority. The categories include: the resident identity card of resident in Chinese mainland, temporary resident identity card, passport, officer certificate of the PLA, civilian cadre certificate of the PLA, compulsory serviceman certificate of the PLA, non-commissioned officer certificate of the PLA, civilian personnel certificate of the PLA, staff certificate of the PLA, officer certificate of the CAPF, soldier certificate of the CAPF, seaman’s certificate, mainland pass for residents in Hong Kong and Macao, mainland pass for residents in Taiwan; passports for foreign tourists, diplomatic personnel certificates issued by the Ministry of Foreign Affairs and permanent resident identity card for foreigners; other valid passenger identity documents specified by the Civil Aviation Administration of China. The valid passenger identity documents for residents of Chinese mainland under the age of 16 include birth certificate, household registration booklet, student ID card or identity certificate issued by the public security organ of the registered permanent residence.
Chapter II Scope of application
Article 1 General
(1) Except otherwise regulated in paragraph (2) of this article, Article 2 and Article 3 of this chapter, these Conditions shall apply to all international air transport receiving incomes from carrying passenger and baggage in civil aircrafts of China Express. The transport in Hong Kong, Macau and Taiwan shall refer to these conditions.
(2) Except otherwise regulated in the transport regulations or relevant contracts and notes of China Express, these conditions shall also apply to the transport under gratuitous ticket fees and special ticket fees.
(3) Except otherwise regulated, in case of discrepancy between the regulations of China Express and these conditions, these conditions shall prevail.
Article 2 Chartered aircrafts
As for the transport provided according to the contract on chartered aircrafts of China Express, the passengers and baggage transported with chartered aircrafts shall be subject to the provisions on chartered aircraft of China Express; the contents not agreed in the contract on chartered aircrafts shall be subject to the provisions of these conditions.
Article 3 Overriding law
Under the circumstance that any provision hereunder is contrary to the convention, any state law, administrative regulation, order or requirement, such convention, any state law, administrative regulation, order or requirement shall prevail; the validity of the remaining provisions hereunder shall not be affected.
Chapter III Tickets
Article 1 The ticket constitutes prima facie evidence of the contract of carriage.
The ticket constitutes prima facie evidence of the establishment and conditions of the contract of carriage between the carrier and the passengers. The carrier will only provide carriage service to the passenger named on the ticket issued by the carrier or its authorized agent and shall bear appropriate responsibilities according to such conditions. The ticket shall always be the property of the issuing carrier. The terms and conditions in the ticket are the abstract of some terms of the transport conditions.
Article 2 Ticket use regulations
(1) If a passenger travelling on a paper ticket fails to produce a valid ticket issued pursuant to the regulations of China Express 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 China Express or its sales agents also has no right to request for boarding.
(2) A passenger travelling on an electronic ticket shall present his/her valid identification certificates and have China Express or its ground service agent verify the electronic ticket status as valid to get on board. Electronic ticket itinerary shall only be used as the document recording the travelling information of passenger, rather than the necessary voucher for the airport to handle check-in procedures and security inspection.
Article 3 Loss of ticket
The following regulations apply to the loss of passenger tickets and baggage tickets issued by China Express or its authorized sales agents.
If all or part of a passenger ticket is lost, or the passenger's ticket does not contain the passenger coupon and all unused flight coupons, the liabilities shall be borne by the passenger.
(2) Report of lost ticket
a) If all or part of a passenger’s ticket is lost, or the passenger ticket shown by a passenger fails to contain the passenger coupon and all unused flight coupons, the passenger shall report loss with the ticket office or authorized sales agent of China Express in writing.
b) The passengers reporting loss must present their valid identity documents, together with the original ticket purchase date, place and voyage; if the loss reporter is not the passenger, the valid identity documents of the loss reporter and the authorization letter issued by the passenger shall be presented.
c) China Express shall neither assume any liability nor refund ticket fees nor reissue ticket for the lost ticket if the passenger ticket has been infringed or falsely returned before the passenger reports the loss.
(3) Reissuance of lost ticket
1) The passenger must fill in the Application Form for Reissuance/Refund of Lost Ticket.
2) The passenger must declare the consent to indemnify for all losses to China Express arising therefrom, including the infringement or false returning in the past or future, and necessary litigation costs. In accordance with the requests of passengers, China Express will collect commissioning charges according to the regulations of China Express on the premise of not violating the original regulations on fare, and issue new passenger tickets to replace the above passenger tickets or part of them.
3) If there is no relevant reservation and issuance record for the lost ticket, China Express shall have the right to refuse issuing new passenger tickets; if a passenger requires check-in, passenger ticket shall be otherwise purchased.
4) Reissued ticket shall not be subject to refund, transfer and change.
(4) Repurchase of ticket
Passengers can repurchase tickets according to the original schedule and date and apply for refund of lost tickets.
(5) Refund of lost ticket
If a passenger directly requires dealing with the refund of lost ticket, the passenger shall report the loss of ticket according to the provisions in paragraph 2 of article 3. If it is proved by China Express that the originally lost ticket is not infringed or falsely returned, the refund of original ticket lost shall be handled according to the regulations of China Express.
Article 4 The Ticket is non-assignable
(1) The Ticket is non-assignable.
(2) If the ticket is not produced by the person entitled to check in or refund, China Express may provide carriage or refund to the person producing the ticket. China Express shall not be responsible for the persons entitled to check in or refund as per the original ticket.
(3) China Express shall not be liable for the casualties and delayed transport of persons not entitled to check in and the damage, loss, breakage and delayed arrival of their baggage arising during the process of transport.
(4) If the ticket is infringed or falsely refunded by a person who is not entitled to do this, China Express shall have the right to bear no liability against the person entitled to check in or refund.
Article 5 Validity period of tickets
(1) A Ticket shall be valid for a one-year period from the commencement date of the trip, or one-year period from the ticket issuance date if no ticket is used, unless otherwise regulated on the ticket, these conditions or the regulations of China Express.
(2) The validity period of special ticket fee shall be subject to the validity period of such special ticket fee as prescribed by China Express.
(3) The calculation of the validity period 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 validity period.
Article 6 Extension of validity period of ticket
(1) If a Passenger fails to travel within the validity period of the ticket due to any of the following reasons, the validity period 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 flight of China Express:
1) Canceling the flight on which a passenger holds a confirmed seat;
2) Failing to stop at the stopover place of the flight, and such stopover place is the place of departure, destination or stopover point of the passenger;
3) Failing to properly operate a flight according to schedule;
4) Causing a passenger’s failure to catch a connecting flight;
5) Having substituted different seat classes;
6) Failing to provide a passenger with the seat confirmed in advance.
(2) If a passenger holding normal ticket fee ticket or special ticket fee ticket fails to travel during the validity period of the ticket by reason of China Express’s failure to provide the seats of such cabin class as prescribed in the ticket while reserving seat, the validity period may be extended to the first flight that China Express can provide seats according to the cabin class that the ticket fee of the ticket has been paid.
(3) Except otherwise regulated by China Express on the paid ticket fees, if the passenger cannot keep traveling during the validity period of the ticket after the travel commences, the validity period of such ticket may extend to the date when the passenger becomes fit to travel according to the certificate of diagnosis issued by doctors or to the first flight after recovery of the travelling place that China Express can provide seats according to the cabin class of the ticket fee paid for the ticket. If the unused part of a ticket contains one or more stopover points, the validity period of such ticket can be extended for no more than three months as of the date when the passenger becomes fit to travel; as for accompanying personnel of sick passengers, the ticket may also be extended according to the regulations of China Express.
In the event of death of any passenger during the trip, the minimum duration of stay of the accompanying personnel or the validity period of the ticket can be changed or extended; in case of death of the accompanying personnel’s relative, the validity period of the tickets of such passenger and the accompanying relatives can also be extended; such change of ticket must be handled after receiving the death certificate; the extended validity period of the ticket shall be no longer than forty-five (45) days from the date of the passenger’s death.
Article 7 Use sequence of flight coupons
(1) The passenger’s flight coupon, including the electronic ticket, must be used in sequence from the place of departure as per the voyage listed on the ticket.
(2) If the first flight segment used for the international carriage ticket is unused, and the passenger requires commencement of travel at the stopover point or agreed stopover place, China Express shall be entitled to refuse the transport.
(3) Each flight coupon or electronic ticket must specify the cabin class; China Express shall only receive the carriage after proper reservation of seat and date on the flight. If the flight coupon or the electronic ticket fails to specify the reservation information, seat reservation shall be handled according to the relevant ticket fee condition and flight availability.
(4) If a passenger fails to use each flight segment of the ticket in sequence, China Express shall be entitled to recalculate the costs of above used tickets according to the provisions, while passengers shall supplement the difference between the recalculated costs and expenses paid.
Chapter IV Stopover point
Article 1 The passenger may arrange the stopover point at the agreed stopover place according to the government regulations and requirements of China Express on fare conditions.
Chapter V Fares and charges
Article 1 General
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 between airports or between airports and downtowns.
Article 2 Applicable fares
The applicable fare refers to the fare announced by China Express and its authorized institution, or the combined fare as regulated by China Express if there is no announced fare. Unless otherwise specified, the applicable fare is fare valid as of the commencement date of flight of the first flight segment. In case of any change of voyage or travel date after ticket purchase, the passenger shall pay the relevant fees or refund the difference to the passenger according to the provisions of China Express.
Article 3 Route
Fares are only applicable to the route published in relation to the fare. If such fare is applicable to more than one route, the passenger may specify the route before the ticket is issued; otherwise it shall be determined by China Express or its authorized agent.
Article 4 Taxes and charges
The government, relevant authorities or airport operators are specified by the operator or by the passenger to enjoy any services or facilities and the taxes or fees imposed by the regulation, which is not included in the applicable fare, the tax or fee paid by passengers.
Article 5 Currency
Passengers should use the currency acceptable to China Express to pay fares and expenses. If the passenger uses currency other than the announced fares, the payment shall be done as per the published conversion rate.
Chapter VI Seat reservation
Article 1 General
(1) Without the recording and acknowledgement of China Express or its authorized agent, the seat reservation shall not be deemed as having been confirmed.
(2) China Express may formulate conditions for some special fares to restrict or exclude passenger changes or cancel the right of reservation.
Article 2 Ticketing time limits
If a passenger fails to pay the ticket fees within the prescribed ticketing time limit, China Express or its authorized agent shall be entitled to cancel the reservation.
Article 3 Personal information
A passenger acknowledges the personal information provided to China Express is aimed to be used for reservation and arrangement of relevant carriage services, and handling immigration and entry formalities. For this purpose, the passenger authorizes China Express to retain and transmit the personal information to relevant governmental authorities at the place of destination, departments of China Express, other relevant carriers or the relevant service providers.
Article 4 Seat arrangement
Apart from the seats provided according to the reserved flight and cabin class of the passenger, China Express does not guarantee that the seats required by the passengers will be provided at the specific positions; the passenger shall accept the seat that may be deployed according to the seat class on the ticket.
Article 5 Reconfirmation of seat
With respect to the ticket for interline with the flight of other carrier, seat reconfirmation shall be conducted with the actual carrier according to the regulations. If the passenger fails to reconfirm the seat according to the requirements, China Express shall not assume the losses caused to the passengers thereby.
Article 6 Cancellation of onward seats by the carrier
If a passenger does not use the reserved seat and does not reconfirm the subsequent flight segment, China Express shall be entitled to cancel any onward seat.
Article 7 Reservation priority
(1) When the passenger requires reservation with the ticket for all or part of the flight segment of unreserved seat, the passenger shall not be entitled to require reservation priority.
(2) When the passenger requires change reservation with the ticket for all or part of the flight segment of reserved seat, the passenger shall not be entitled to require reservation priority.
(3) Passengers involuntarily change the voyage may be given priority for reservation if the circumstances of China Express permit.
Chapter VII Boarding
Article 1 Check-in
(1) The passenger should arrive at the airport within the prescribed time limit and handle ticket checking, baggage consignment and get the check-in tag on time with the valid travel documents.
(2) The operating department can directly handle the check-in procedures for the passengers who have already booked the seats; the passengers who have not reserved the seats shall handle subsequent check-in procedures according to the regulations of China Express.
Article 2 Boarding
Passengers must timely arrive at the designated boarding gate after handling check-in and all check-in procedures regulated by the government. In case of the failure of the passenger to arrive at the check-in registry and boarding gate of China Express timely or to produce its valid travel documents, or to get ready for the trip, China Express shall have the right to cancel the seats reserved so as to avoid delaying the flight. China Express shall not be liable for the loss thus caused to passengers.
Chapter VIII Refusal to transport and limitation of carriage
Article 1 Right of refusal to transport
According to the consideration of safety or the reasonable judgment of China Express, when one of the following circumstances is determined, China Express shall be entitled to refuse the carriage of passengers and their baggage, and shall not bear any liability arising from the loss caused thereby:
(1) For observance of the laws and other relevant regulations of the place of departure, stopover place, place of destination or passing countries;
(2) The conduct, age, mental or physical state of a passenger is not suitable for travelling, or causes discomfort to other passengers, or may cause threat or risk to the health or assets of the passenger or other personnel;
(3) Any passenger fails to comply with the regulations of China Express or government authorities, or disobeys the arrangements and instructions of China Express’s personnel;
(4) Any passenger refuses to accept security inspection;
(5) Any passenger fails to pay applicable fares, charges, or taxes according to the relevant provisions;
(6) Any passenger fails to produce valid passport, visa or other travelling documents;
(7) Any passenger may attempt to illegally immigrate into the passing country; any passenger may destroy his/her certificate in the process of flight; any passenger refuses to hand over the travelling certificate or copy to the crew for safekeeping according to the requirements of China Express;
(8) The passenger ticket submitted by the passenger is illegally obtained or the ticket is not purchased from the issuing carrier or its authorized agent; the passenger ticket has been lost; the passenger ticket is a forged ticket; the passenger ticket has not been altered or has been damaged by the carrier or its authorized agent. China Express reserves the right to collect the above passenger tickets.
(9) Where the person who submits the ticket for checking cannot prove that he/she is the person listed in the "passenger name" column, China Express reserves the right to collect the above passenger ticket.
(10) Any passenger fails to comply with the regulations on smoking or using electronic equipment on board.
Article 2 Where the actually carried passengers exceed the allowed maximum load of the plane, China Express shall have the right to determine the carriage arrangements of passenger and baggage; for passengers and baggage unable to make the trip, China Express will inform passengers before departure, and handle involuntary transfer or involuntary refund.
Article 3 Arrangements for the refusal of passengers.
(1) Any passenger who has been refused to be carried or whose seat is cancelled in accordance with Article 1(1) of this chapter may refund the ticket in accordance with the provisions of Article 5 in Chapter XII.
(2) Any passenger who has been refused to be carried or whose seat is cancelled in accordance with Article 1(2) to (10) of this chapter may refund the ticket in accordance with the provisions of Article 6 in Chapter XII.
(3) For any passenger who has been refused to be carried in accordance with Article 1(5) of this chapter, China Express reserves the right to retain the ticket.
Article 4 Limits for transport
Special passengers such as children without accompanying adults, sick passengers, pregnant women, blind or prisoners shall only be transported after meeting the conditions of China Express and obtaining the advance consent of China Express and, when necessary, China Express makes arrangements.
Chapter IX Baggage
Article 1 Items unacceptable as baggage
(1) A passenger shall not place in his/her baggage:
1) Items unacceptable as baggage according to the definition in Chapter I of these conditions;
2) Items that may endanger the safety of aircraft or personnel or property on aircraft or plane, e.g., items specified in the Technical Instructions for the Safe Transport of Dangerous Goods by Air of the International Civil Aviation Organization (ICAO), the Dangerous Goods Regulations of the International Air Transport Association (IATA), and items as regulated in the Dangerous Goods Transport Management Regulations of China Civil Aviation, especially the following items whose carriage is prohibited: explosives, compressed gas, corrosive substances, oxides, radioactive or magnetic materials, or flammable, poisonous, threatening or irritating substances, etc. As for the details of other similar items, please consult with China Express.
3) Items prohibited by applicable laws, regulations or orders of any place of departure, stopover place, place of destination, or passing countries;
4) Items which are unsuitable for carriage by reason of their weight, size or nature, e.g., fragile or perishable items;
5) Live animals, except those subject to Article 12 of this chapter.
(2) Firearms and ammunitions not used for hunting and sports are prohibited to be carried as baggage. Firearms and ammunitions used for hunting and sport activities can be transported as checked baggage by means of valid gun transport permit. Guns must be unloaded, insured and properly packed. The transport of ammunitions shall be handled in accordance with the provisions of ICAO and IATA as described in paragraph (1) of Article 1;
(3) Checked baggage of passengers shall not contain fragile or perishable goods, money, jewelry, antique calligraphy and painting, precious metal, gold and silver product, negotiable instrument, marketable securities, bank card, credit card, or other valuables, business or official or private paper, passport and other documentary evidence or sample, drug or medical device and equipment, key, computer, video camera, camera, mobile phone or other valuable electronic equipment, lithium battery and power bank. China Express shall not be liable for the loss caused by the violation of the above regulations.
(4) Swords, knives and similar items belonging to antiques or tourist souvenirs can only be transported as checked baggage and in accordance with the relevant provisions of China Express. Such items shall not be brought into the passenger cabin;
(5) Whether it is the item prohibited to be transported as baggage as regulated in 1(1) or 1(2) of this chapter, if such item has been carried by China Express, charges shall be collected. Its transport shall meet the regulations on liability limitation of China Express and other regulations on baggage transport of these conditions;
(6) Items to be pasted with liability exempted baggage tag
The following “liability exempted baggage tag” shall be pasted while receiving the following baggage with transportation liability dispute to avoid the corresponding transportation liability of China Express.
1) Fragile and brittle baggage items;
2) Baggage with package not meeting the requirements;
3) Small animals, fresh and alive goods, perishable articles or baggage with perishable items;
4) Passengers have handed over the baggage too late;
5) The baggage is damaged or has blotch;
6) Overweight or oversize baggage exceeding the carrier's requirement for weight and volume of checked baggage;
7) No lock or lock failure;
8) Baggage carried by passengers that is unloaded from the boarding gate and exceeding the baggage size limitation of the passenger cabin.
Article 2 Right of refusal to transport
(1) China Express has the right to refuse to transport the items unacceptable as baggage as specified in Article 1(1) of this chapter; China Express has the right to refuse to continue transporting any of the said items discovered in the transport period.
(2) Checked baggage shall be packed in baggage boxes or other appropriate containers to ensure the safe transport under normal operating conditions; otherwise, China Express is entitled to refuse to receive them as checked baggage.
(3) China Express may refuse to transport any item unsuitable for transport due to its package, weight, volume or nature as baggage.
(4) Unless otherwise arranged with China Express, China Express may arrange the part of baggage beyond the free baggage allowance on the subsequent flight.
Article 3 Right of inspection
For the purpose of safety and security, China Express or any other safety inspection entity is entitled to require passengers to permit physical or baggage inspection. To confirm whether a passenger carries or places in his/her baggage any of the items specified in Article 1(1) of this chapter, or any weapon or ammunition which must be handed over to China Express for inspection according to Article 1(2) of this chapter, even though the passenger is not present, China Express or any other safety inspection entity is entitled to inspect his/her baggage; if the passenger refuses the inspection, China Express has the right to refuse to transport the passenger or his/her baggage.
Article 4 Checked baggage
(1) All baggage shall have the passenger name and destination address specified before consignment.
(2) Once if a baggage is consigned, it shall be tended by China Express; each checked baggage shall be issued with a baggage tag identification coupon, with the quantity and weight of the checked baggage being filled in the corresponding column of “Passenger ticket and baggage ticket”;
(3) 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, and shall meet the following conditions:
1) Suitcases, travel bags and handbags etc. must be locked;
2) More than one parcel should not be bundled into one;
3) Bamboo baskets, string bags, straw ropes, straw bags, etc. should not be used as outer packaging for the baggage;
4) Passengers shall mark their names, contact information or other personal identification marks inside or outside the checked baggage.
(4) The passenger's checked baggage shall be transported as much as possible with the passenger. For safety, security or operational reasons, causing passenger’s checked baggage unable to be transported with the passengers, China Express shall explain to passengers, and, while ensuring the security and capacity allowance, arrange the checked baggage on the subsequent flight.
(5) Unless otherwise regulated, each checked baggage must not exceed 50kg in weight and 40cm * 60cm and 100cm in volume respectively. The baggage exceeding the above regulations shall only be consigned after obtaining the consent of China Express.
Article 5 Unchecked baggage
(1) The baggage carried into the passenger cabin should be properly placed under the seat in front of the passenger or in the enclosed baggage rack at the top of the cabin.
(2) Unless otherwise specified, China Express shall allow each passenger to freely carry an unchecked baggage with the weight limit of 5 kg into the cabin, whose volume shall not exceed 20 cm × 40 cm ×55 cm. Baggage exceeding the aforementioned requirements shall be transported as checked baggage.
(3) In any passenger’s baggage is unsuitable for being transported in the cargo cabin of the aircraft, e.g., delicate musical instruments, and not conforming to Article 5(2) of this chapter, the passenger shall notify China Express in advance, and obtain the consent of China Express to take the baggage into the passenger cabin with the service fees charged separately.
Article 6 Free baggage allowance
(1) The free baggage allowance for international carriage of China Express includes weight concept and piece concept. The carriage from or to the US, Canada and Europe shall implement piece concept; the carriage from or to other countries shall implement weight concept. Passengers shall carry baggage of free carriage according to the conditions and limitations regulated by China Express.
(2) For the domestic flight section of China Express constituting international transport under a single transport contract, the free baggage allowance applicable for a passenger shall be subject to the free baggage allowance indicated on the baggage ticket.
(3) For passengers who purchase a mixed class ticket, the free baggage allowance may be calculated separately according to the free baggage allowance provided in each segment.
(4) 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 time and place, the free baggage allowance may be calculated altogether according to their respective fare class standards.
(5) The free baggage allowance after the passenger voluntarily changes the voyage shall be subject to the applicable provisions on free baggage allowance for the passenger ticket fare class after changing voyage. The free baggage allowance after the passenger involuntarily changes the voyage shall be subject to the applicable provisions on free baggage allowance for the former passenger ticket fare class.
(6) Free baggage allowance weight concept
Unless otherwise regulated by China Express, the free allowance for checked baggage and unchecked baggage of each passenger shall be subject to the following provisions:
a) Unless otherwise regulated, adult passengers who purchase tickets at the applicable first class fare shall enjoy the free baggage allowance of 40 kg; adult passengers who purchase tickets at applicable business class fare shall enjoy the free baggage allowance of 30 kg; adult passengers who purchase tickets at applicable economy class fare shall enjoy the free baggage allowance of 20 kg.
b) Children shall enjoy the same free baggage allowance as adult passengers. Infants shall have no free baggage allowance and can only have one foldable baby carriage carried free of charge, but infants whose fares are paid as children fares shall enjoy the same free baggage allowance as adult passengers.
(7) Free baggage allowance piece concept
The free allowance of checked baggage and unchecked baggage of each passenger shall be subject to the following provisions unless otherwise regulated by China Express:
a) Unless otherwise specified, adult passengers purchasing tickets in accordance with the applicable first class or business class fare can freely check two pieces of baggage, with the weight of each piece not more than 32 kg and the sum of 3 dimensions not more than 158 cm (62 inches); adult passengers purchasing tickets in accordance with the applicable economy class fare can freely check two pieces of baggage, with the weight of each piece not more than 23 kg and the sum of 3 dimensions not more than 158 cm (62 inches), but the total length of two pieces of baggage shall not exceed 273 cm (107 inches).
b) Children and infants who purchase tickets at the same fare as children shall enjoy the same free baggage allowance as adults. Infants who purchase tickets at 10% of the applicable fare for the applicable fare can freely check a piece of baggage, with the maximum weight of each piece of baggage not exceeding 10 kg, and the sum of the three dimensions not more than 115 cm, in addition to a pushchair.
c) For special baggage transport requirements of musical instruments and sports equipment, etc., please consult with China Express or its authorized agents.
Article 7 Excess baggage
(1) Excess baggage can only be carried after the passenger pays excess baggage fees and China Express issues the baggage ticket.
(2) Unless otherwise regulated, the rate for each kilogram of baggage exceeding the free baggage allowance weight concept shall be calculated and collected as per 1.5% of the current normal highest economy fare for adult of one-way non-stop flights on the date.
(3) The freight for each piece of baggage exceeding the free baggage allowance piece concept shall be calculated and collected according to the relevant regulations.
Article 8 Declared value and charges
(1) If the value of checked baggage of the passenger exceeds 20 USD per kilogram or other equivalent currency.
(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 or other equivalent currency. China Express may refuse the acceptance and carriage of the baggage if the limit is exceeded or China Express disagrees with the declared value or the passenger refuses to accept the inspection.
(3) As for the declared value of the checked baggage, China Express shall charge the valuation charges as 0.5% of the part of the passenger’s declared value exceeding the value of the allowance as prescribed in paragraph (1) of the article. Such amount shall be denominated in Renminbi Yuan, the decimal places of which shall be rounded-off. When the declared value of the passenger is dominated in foreign currency, it shall be converted to RMB according to the bid price announced by the bank on the current day.
(4) China Express shall not valuate the declared value of unchecked baggage and baggage, diplomatic bag and other special goods (e.g., medical instruments) occupying seats. Consult with China Express or its authorized agents for details.
(5) China Express shall not valuate the declared value for small animals carried by passengers.
(6) If the part of transport of the valuated baggage is assumed by other carriers who do not provide the baggage valuation services, China Express shall have the right to refuse providing the valuation service of the checked baggage.
(7) The valuated baggage shall not be included in the free baggage allowance.
(8) The checked baggage valuated shall only be limited to the whole package. Any single item in the baggage shall not be valuated.
Article 9 Reception of checked baggage
(1) Passengers must check their baggage with valid tickets.
(2) The identification coupon of baggage tag received after the checking of baggage shall serve as the proof of claim.
(3) If a passenger checks any baggage in dispute, he/she shall make a written commitment to China Express, and paste liability exempted baggage tag to exempt the liabilities of China Express.
(4) The goods transported as baggage shall be transported with the passenger on the same plane after obtaining the consent of China Express, but the transport of such items shall be charged with fees as per the excess baggage.
Article 10 Baggage delivery
(1) Passengers should collect checked baggage with baggage tag identification coupon at the destination or stopover point, and submit the "passenger ticket and baggage ticket" for examination if necessary.
(2) China Express shall deliver the checked baggage with baggage tag identification coupon; China Express shall bear no liability for whether the checked baggage receiver is the passenger and the resulting losses and expenses.
(3) If the receiver of the checked baggage can not produce the baggage ticket and baggage tag identification coupon, he/she shall provide the proof recognized by China Express, and, if necessary, declare the consent for compensation of any loss or expense thus resulting to China Express according to the requirements of China Express to receive baggage.
(4) If a passenger fails to raise written objection while receiving the checked baggage, it shall be deemed as the preliminary evidence that the baggage has been delivered in good condition according to the transport contract.
Article 11 Special regulations on the carriage of seat occupying baggage, fragile and valuable goods and diplomatic bags
(1) Seat occupying baggage
1) When the baggage must occupy the seat, the application should be made at the time of reservation, in addition to the consent from China Express for transport.
2) The baggage occupying seat taken by the passenger into the passenger cabin shall be tended by the passenger; the weight of baggage occupying each seat shall not exceed 75 kg with proper packing. In order to ensure flight safety, the seats occupied by passengers and their baggage shall be designated by China Express, and be fastened with seat belt during the whole trip, and shall be firmly fastened when necessary.
3) The baggage occupying seat shall not be included in the free baggage allowance; the freight shall be calculated according to the adult sales fare purchased by the passenger.
4) If the transport is handled by a continuous carrier, the consent of the continuous carrier must be obtained.
(2) Except according to the other relevant regulations under these conditions, as for fragile and valuable baggage, if seat is required to be occupied, it shall be subject to the provisions of paragraph (1) of this article.
(3) Diplomatic pouch
1) According to the requirements of diplomatic couriers, China Express can handle the baggage as checked baggage; the carrier shall only bear general transport responsibility for checked baggage.
2) If the diplomatic pouch requires occupying seat, it shall be subject to paragraph (1) of this article.
Article 12 Animals
(1) Small animals
1) Small animals are domesticated dogs, cats, birds, or other pets. Wild animals and animals with strange shape or easy to hurt people such as snake are not small animals.
2) The small animals of passengers should be properly loaded in solid containers suitable to their characteristics, and be provided with valid health and epidemic prevention certificates, entry permits and other documents of the departure, entry or transit countries, and have the permission of China Express be obtained in advance.
3) Small animals, together with the containers and foods, shall not be counted into free baggage allowance of the passenger, and shall be charged with freight as per excess weight.
4) China Express shall be entitled to decide on the carriage method of small animals, and restrict the quantity of pets transported on a plane. Small animals shall be loaded in cargo cabin.
5) A passenger shall be fully liable for any damage or injury caused by small animals to other passengers or the crew members.
6) China Express shall not be held liable if the small animals have not gotten all necessary exit, entry, health and other valid documents required by the entry or stopover countries or regions. The person carrying such small animals must compensate for any fines, expenses, losses or liabilities caused by the missing or incompleteness of the required documents to China Express.
7) Carriage of small animals shall also meet the additional conditions regulated by China Express. For details, please consult with China Express or its authorized agents.
(2) Service dogs
1) Service dog is allowed to be brought into the passenger cabin after obtaining the consent of China Express, but it must be attached with a traction rope before boarding, and shall not occupy seat or left running.
2) The transport of service dog brought to the passenger cabin shall be subject to paragraph (1) of this article; the passenger carrying the service dog shall provide the effective certificate issued by the relevant institution for the dog.
3) When the service dog is placed in the cargo cabin, it must be placed in the appropriate container.
4) The service dogs and their containers and foods, which are agreed to be carried by China Express, can be transported free of charge and not included in the free baggage allowance.
(3) The passenger shall bear full liabilities for the injury or death of the transport of above animals, unless such injury or death is caused by the intention or negligence of China Express. China Express shall have the right not to accept the transport if the transport of service dog is unsuitable on long-distance flights or on certain types of aircraft not to land halfway. In case of injury, loss, delay, illness or death caused by the refusal of entry or transit of an animal, China Express shall not be liable.
Chapter X Flight schedules, cancellations and changes
Article 1 Flight schedules
(1) China Express shall use its best efforts to carry passengers and baggage, and observe the schedules published and current on the travelling date. However, the time listed in the flight schedule or other places are for reference only and are not part of the air transport contract.
(2) Except the loss is caused by the intentionally or knowingly loss and reckless act or omission of China Express, China Express shall bear no liability for the error or omission on the schedule or timetable released in other form. China Express does not bear liability for the interpretation of its employees, agents or representatives on the departure or arrival time, date, or any flight either.
(3) The flight schedule can be changed without notice. China Express may change the stopover place specified on the timetable as required, and replace the carrier or plane without notice.
Article 2 Flight cancellations and changes
(1) In case of any of the following circumstances, China Express may, without prior notice, change the aircraft type or route, change the carrier, or cancel, interrupt, delay or postpone the flight:
a) Complying with the laws, regulations and orders of the countries concerned;
b) Ensuring flight safety;
c) Reasons uncontrollable or unforeseeable for the carrier.
(2) According to the Montreal Convention, in case of cancellation, interruption, delay or postponement of flight caused by special circumstances such as political instability, weather conditions and inharmonic operation of related flights, security risks, unexpected flight safety defects and strikes affecting carrier operations, even if all reasonable measures taken by the carrier cannot avoid the occurrence of such situation, the liabilities of the carrier shall be mitigated or exempted.
(3) In case of long-time flight delay, whole-night delay caused by the decision of relevant air traffic control of specific aircraft on specific date, or the cancellation of one or more flights implemented by such aircraft, such special events should be considered existing, even if the carrier has taken all reasonable measures to avoid the flight delay or cancellation.
Article 3 Irregular flight services
(1) If China Express cancels or delays the flight, and fails to provide the passenger with reserved seat or seat deployed in advance, or fails to stay at the stop-over places or destination place of the passenger, or causes missing the connection of flights which the passenger has reserved seat due to one of the reasons as listed under paragraph (1) of article 2, China Express may take one of the following measures in consideration of the reasonable requirements of the passengers:
a) Arranging the first subsequent flight of China Express that a seat can be reserved for the passenger, or assisting the passenger to transfer to other carrier’s flight.
b) Refund of tickets in accordance with the provisions of Article 5 of Chapter XII of these conditions on involuntary refund.
c) Assisting passengers in arrangement of accommodation, ground transportation and other services. The costs of passengers at the place of departure shall be paid by the passengers. The service arrangements for transfer and transit passengers shall be handled according to the provisions on Ground Service Manual of China Express.
d) Change the voyage of the original passenger ticket, arrange the flight of China Express, and transfer the passengers to the destination or stopover points.
(2) Because China airlines, China airlines canceled or delayed flights, failed to provide passengers with a set of seats or assigned seats in advance, or failure to the passenger's stopover site or destination, or cause passenger has a reservation seat flight join miss, China Express consider reasonable passengers need to take one of the following measures:
a) Transferring the passenger to the first subsequent flight of China Express that the seat can be reserved or flight of other carrier.
b) Refunding the tickets in accordance with the provisions of Article 5 of Chapter XII of these conditions.
c) Assisting passengers in arranging accommodation, ground transportation and other services according to the provisions of China Express.
d) In addition to the above measures, China Express shall bear no further responsibility against its passengers.
Article 4 In case of one of the following circumstances resulting from the reason of China Express, causing a flight to be cancelled, interrupted, delayed or postponed, China Express shall provide passengers with food and beverage, accommodation, or other services that China Express think necessary according to its regulations, but China Express does not guarantee to provide passengers with services exceeding the prescribed standards.
(1) Cancellation of flights booked by passengers;
(2) The agreed stopover places of the cancelled flight include the departure place, destination location or stopover points;
(3) Failing to conduct flight at a reasonable time in accordance with the timetable;
(4) Missing flight connections of a reserved seat;
(5) Failing to provide a reserved seat.
Chapter XI Change of voyage and alteration of tickets
Article 1 If a passenger requires changing the voyage, destination, carrier, seat class, flight or validity period of ticket after beginning the travel and before reaching the destination, it shall constitute voluntary change of voyage. If the carrier cancels the reserved flight, or cancels the landing at the destination or stopover points of the flight, or fails to rationally fly according to the schedule, or fails to provide the reserved seats and causes passenger to change voyage, it shall constitute involuntary change of voyage.
Article 2 Voluntary change of voyage shall be handled in accordance with the following provisions:
(1) The passenger shall raise the request before reaching the destination as listed on the ticket;
(2) After changing the voyage, the fares and fees applicable to transport commencement date as listed on the first flight coupon of the original passenger ticket shall be applicable;
(3) The difference between the fares and fees after changing voyage and the original fares and fees shall be paid by the passenger or refunded by the carrier;
(4) The validity period of the new passenger ticket after the change of voyage shall be the same as the validity period of the original passenger ticket, and shall be counted from the day immediately after the transport listed on the first flight coupon of the original passenger ticket commences.
(5) If the price is accompanied by a restriction, the passenger's request for a voluntary change of voyage shall comply with the provisions of these conditions.
Article 3 If passengers involuntarily change voyage due to performance of the rules in 2(1) of Chapter X, the carrier shall consider the reasonable needs of passengers and meet the following provisions:
(1) Arranging the first flight that seats can be reserved for passengers or transfer passengers to other carriers;
(2) Changing the voyage of the original passenger ticket, arranging the carrier's flight or transferring to another carrier, and transporting the passengers to the destination or stopover points;
(3) Subject to the provisions of Article 5 of Chapter XII of these rules;
(4) Assisting passengers in arranging accommodation, ground transportation and other services. The cost at the departure place shall be borne by the passengers.
Article 4 If passengers involuntarily change voyage for one of the following reasons, the carrier shall provide the corresponding services in accordance with (1), (2) and (3) of Article 3 of this chapter:
(1) The carrier causes the cancellation of flight in which seats have been reserved;
(2) The carrier's flight does not stop at the destination or stopover point;
(3) The carrier does not properly arrange the flight time;
(4) The carrier fails to provide the seat previously reserved for the passenger;
(5) The carrier causes the passenger to miss the connecting flight which has been booked.
Chapter XII Refund
Article 1 General
(1) If China Express fails to provide carriage according to the transport contract, or any passenger voluntarily changes the arrangement, China Express or its authorized agents will accept the refund applications for the unused tickets and unused voyage of China Express according to this chapter and other regulations of China Express.
(2) Passengers shall apply for refund during the validity period of tickets; application beyond the validity period of tickets will be rejected by China Express.
Article 2 Refund place
Refunds requested by passengers shall be handled at the original purchase place or other places agreed by China Express.
Article 3 Currency
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. Refund can be made in the original payment currency, or other currencies as stipulated by China Express.
Article 4 Refund objects, required documents and liability exemption/h5>
(1) China Express shall have the right to refund to the person whose name is specified on the ticket.
(2) If the passenger on the ticket is not the payer of the ticket, and there are relevant refund restrictions on the ticket, the fare will only be returned to the payer of the fare or the person designated by him/her.
(3) If the refund applier is not the passenger whose name is specified on the ticket, the applier must, while producing his/her identity certificate, provide the proof of identity of the passenger whose name is on the ticket and his/her refund authorization letter.
(4) Apart from the loss of passenger ticket, the refund applier shall provide the passenger coupon, the payment voucher and all unused flight coupon to China Express to handle refund. The passenger who buys the electronic ticket shall refund the ticket with his/her valid ID certificate.
(5) The passenger requiring refund shall apply to China Express or its authorized agent. The refund place must be the original place of purchase or other locations approved by China Express.
(6) It shall be deemed as rightful refund when China Express returns the fares to the person who holds all unused flight coupons, passenger coupons and payment vouchers of passenger ticket and meeting the regulations in paragraphs (1), (2) and (3) of this article, when China Express’s responsibilities shall be immediately relieved.
Article 5 Involuntary refunds
If any circumstance under Article 6(1) of Chapter III and Article 2 of Chapter X hereof causes a passenger to apply for a refund, it shall be handled according to the following provisions:
(1) If the ticket has not been used, the full fare shall be returned;
(2) If the ticket has been partly used, an amount including the higher between the remainder of the paid fare with the single ticket fare for the flight segment from the travel disruption place to the destination place or the next stopover point net of applicable discounts and expenses, which shall not exceed the total paid fare of the ticket.
Article 6 Voluntary refunds
Voluntary refund of passenger shall be handled according to following provisions:
(1) If the ticket has not been used, an amount equal to the balance of the paid ticket fares net of service charges or refund charges;
(2) If the Ticket has been partly used, an amount equal to the balance of the paid ticket fares net of the fare applicable to the used flight segments, and net of the service charges and charges for refund;
(3) If the passenger holding ticket with special fare requires refund, and such special fare has special regulations on the refund, the refund shall be subject to the special regulations.
Article 7 Refusal of refund
(1) If refund is infeasible according to the applicable freight rate and relevant regulations of China Express, China Express shall have the right to refuse refund. Refund refusal application shall be raised within 30 days after the expiry of the validity period of the ticket; otherwise, China Express shall have the right to refuse refund.
(2) The passenger tickets provided to China Express or the government as certificate to leave the border shall not be refunded. However, if a passenger has obtained residence permit or will be transferred to the flight of other carrier or use other mode of transportation to leave the border, China Express may arrange refund after obtaining the satisfactory certificates from the passenger.
Chapter XIII Behaviors on the aircraft
Article 1 If the behavior of a passengers on the plane endangers the safety of the aircraft or any person or property on board, or obstructs the crew members to perform their duties, or disobeys the instructions of the crew, or involves any behavior that other passengers have reason to object, China Express can take measures it considers necessary to prevent the behavior from continuing, including implementing control measures against such passengers.
Article 2 Without the consent of China Express, passengers are not allowed to use portable radio, mobile phone, electronic game machine, or the transmitting devices including radio-controlled toys and walkie-talkies on the aircraft, or use any electronic equipment except hearing aid and heart pacemaker on the aircraft.
Article 3 All flights of China Express are non-smoking; smoking and its substitutes are not allowed in all areas on board.
Article 4 When passengers are seated on the plane, they should fasten their seat belts in the whole journey.
Chapter XIV General
Article 1 China Express shall not be responsible for the ground transportation within the airport, between airport and urban area or between airport and airport in the same city. China Express shall not be liable for any action or omission of the ground transport service provider or any assistance provided by the sales agent for the passengers to obtain such ground transportation service.
Article 2 The costs of board and lodging of passengers at the interline connection place shall be borne by the passengers.
Article 3 In the course of air flight, China Express provides drinks or meals to passengers according to regulations. If any passenger require providing additional services beyond the specified requirements, China Express may collect corresponding fees.
Chapter XV Additional service arrangements
Article 1 If, during the execution process of the air transport contract, China Express agrees to arrange additional services, China Express shall bear no liability against the passengers unless it is the loss caused by the fault of China Express in the process of arranging such additional services.
Chapter XVI Administrative formalities
Article 1 General
(1) Passengers must fully comply with the laws, regulations, orders, requirements and travel regulations of the place of departure, stopover places, destination places and passing countries and the rules and requirements of the carrier, and assume responsibilities;
(2) China Express shall not be liable for any assistance or information, no matter in writing or in any other form, provided by its employees or agents to help passengers obtain necessary documents or visas or abide by the above laws, regulations, orders, requirements and travel regulations; China Express shall not be liable for the consequence arising from the failure of any passenger to obtain necessary documents or visas or failure to abide by the above laws, regulations, orders, requirements and travel regulations.
Article 2 Travel documents
(1) Passengers must produce the exit, transit, entry, health and other certificates, passengers must also allow China Express to receive their copies or photocopies;
(2) If any passenger fails to comply with applicable laws, regulations, orders, requirements and regulations or to provide complete certificates, or any passenger does not allow China Express to receive the copy or photocopy of his/her certificate, China Express reserves the right to refuse the transport.
Article 3 Refusal to transit or enter the border
(1) When a passenger is not allowed to transit the border or enter into the destination country, and is transported back to the departure place or other place by China Express according to the government order or the relevant state, the passenger shall pay the applicable fares according to the regulations of China Express;
(2) Any payment made by a passenger to China Express for the unused flight segment or any fund paid by the passenger to China Express can be used to pay the above fares by China Express;
(3) China Express shall not refund the tickets to the refused entry points or deportation places.
Article 4 Fines and detention charges, etc.
(1) If China Express pays any fine, penalty or assume any expense for or on account of the passenger because the passenger fails to comply with the relevant national laws, regulations, orders, requirements, travel rules or fail to produce the required documents, such passenger must fully repay any of the above amount and expenses paid by China Express;
(2) Any payment already made by the passenger to China Express for the unused flight segment, or any payment made by the passenger under the control of China Express can be used to make up for the above expenditures by China Express.
Article 5 Customs inspection
(1) When the customs or other government personnel ask to check their checked baggage or unchecked baggage, the passenger must be present for inspection;
(2) China Express shall not liable for the loss or damage caused by the failure of any passenger to comply with the above provisions to the passengers.
Article 6 Security inspection
Passengers and their baggage must be subject to any safety inspection of the government or the administrative personnel of the airport or China Express.
Article 7 Laws and regulations
China Express shall not be liable for refusing or having refused to provide transportation services to passengers according to their reasonable judgment of the applicable laws, government regulations, directives, orders or requirements.
Chapter XVII Successive carrier
Article 1 The transport provided by several successive carriers in accordance with a passenger ticket or a passenger ticket and its conjunction tickets shall be regarded as a single transport.
Article 2 Unless the first carrier shall be liable for the entire transport as expressly agreed, the passenger or any person exercising its right to claim for compensation, passenger damage compensation claim shall only be raised against the carrier performing the transport when accident or delay occurs.
Article 3 With respect to the loss of checked baggage, the passengers shall have the right to lodge claims with the first carrier; the passengers having the right to accept the delivery shall have the right to lodge a claim against the last carrier; the passenger can also lodge claims with the carrier in the transport segments with destruction, missing, loss or delay. The above carriers shall be jointly and severally liable to the passengers.
Chapter XVIII Liability for damage
Article 1 The carrier shall be liable for the compensation of passenger casualties during its carriage by air or the process of getting on and off the flight; however, China Express shall not be liable for the passenger casualties completely caused by the health condition of the passenger.
Article 2 China Express shall not liable for the damage compensation of the destruction, loss or damage of checked baggage on the flight of China Express or under the control of China Express during any period. As for unchecked baggage, including the carry-on items of passengers, China Express shall be liable for any loss caused by the fault of itself or its employee or agent. However, China Express shall not be liable for the loss of baggage (including checked baggage, unchecked baggage and carry-on baggage of passengers) caused by the inherent defect, quality or defect of the baggage. In addition, China Express shall not be liable for the external damage and normal wear and tear of baggage, e.g.: damage of external extension part of baggage such as belt, pocket, tie rod, hook, wheel or other part clinging onto the baggage or oversized/super-sized package baggage.
Article 3 China Express shall be liable for the loss caused by the delay of China Express during the air transport of passengers or baggage. However, if, in order to avoid losses, China Express or its employees or agents have taken all necessary measures or are unable to take such measures, China Express shall not be liable. The passengers must declare the baggage losses and provide the corresponding documents within the time stipulated by China Express; otherwise, China Express shall not be held liable.
Article 4 If China Express proves that the loss is caused or contributed by the fault of the claimant or the one from whom the claimant obtains rights, the liabilities of China Express shall be correspondingly exempted or mitigated according to the extent of fault causing or contributing to the loss. When a person other than the passenger lodges claims on passenger casualties, and it is proved by China Express that the casualty is caused by or contributed by the fault of the passenger, the liabilities of China Express shall also be correspondingly exempted or mitigated according to the extent of fault causing or contributing to the loss.
Article 5 As for the division of the code share flights of liability to pay compensation, unless it is caused by the human factors of the contracting carrier or the direct liability of the contracting carrier, the actual carrier shall be liable for the compensations, litigations, complaints and losses caused by the code sharing flights actually carried by it.
Article 6 Application of compensation liability limitation
(1) If it is an "international transport" defined in the Montreal Convention (1999), the provisions of the convention on the limitation of liability shall prevail.
(2) If it is an “international transport” defined in the Warsaw Convention (1929) and the Hague Protocol (1955), but not that defined in the Montreal Convention (1999), the provisions of the Hague Protocol on the limitation of liability shall prevail.
(3) If it is not an "international transport" as defined in the convention, the relevant provisions of the applicable bilateral treaties or domestic laws such as the Civil Aviation Law of the People’s Republic of China, government regulations or orders shall apply.
Article 7 Provisions of the Convention on limitation of liability
(1) The Warsaw Convention and the Hague Protocol
1) China Express’s compensation liability limit for passenger casualties shall not be more than 250,000 French gold francs or equivalent currency.
2) China Express’s compensation liability limit for checked baggage shall not exceed 250 French gold francs per kilogram or equivalent currency; the compensation liability limit for unchecked baggage and carry-on items shall not exceed 5,000 French gold francs or equivalent currency for each passenger. If the baggage ticket contains no baggage weight record, the total weight of the checked baggage shall be deemed not exceeding the free baggage allowance for the seat class. As for the checked baggage valuated in accordance with Article 8 of Chapter IX of these conditions, the damage compensation shall be subject to the declared value.
(2) The Montreal Convention (1999)
1) China Express’s passenger casualty compensation liability for each passenger not exceeding 113100 SDRs applies to the provisions of paragraph 1 of Article 21 and Article 20.
2) The compensation liability limit of China Express for the losses arising from delay of air transport shall not exceed 4,194 SDRs or equivalent currency for each passenger. However, if it has been proved the China Express or its employees and agents have taken all feasible measures or are unable to take such measures to avoid the occurrence of losses, China Express shall not be liable for the loss of delay.
3) The compensation liability limit of China Express for baggage (including checked baggage, unchecked baggage and carry-on items) shall not exceed 1131 SDRs or equivalent currency for each passenger. As for the checked baggage valuated in accordance with Article 8 of Chapter IX herein, the damage compensation limit shall be subject to the limit of the declared value.
Article 8 On the premise of being consistent with the aforementioned provisions herein, irrespective of whether the international transport is applicable to the conventions as specified herein, the following provisions shall apply:
(1) China Express shall only bear the compensation liability for the transportation of the company's flights; while issuing passenger tickets or handling baggage consignment for the transport of flights of other carriers, China Express shall only serve as the carrier's agent.
(2) China Express shall not be held liable for any loss arising from the compliance of the relevant laws or government regulations, orders or regulations; China Express shall not be liable for any loss caused by the failure of passengers to comply with the above laws or government regulations, orders or regulations either.
(3) The liabilities of China Express shall not exceed the amount of direct losses confirmed; China Express shall not be liable for the indirect or consequential losses.
(4) China Express shall not be held liable for the damage caused to passengers or their baggage by the items in any passenger's baggage; the passenger shall indemnify China Express for all losses and expenses incurred in connection with the damage caused by the items in the passenger's baggage to others or to the property of others or China Express.
(5) China Express shall not be liable for the losses of fragile and perishable goods, money, jewelry, precious metals, gold and silver products, negotiable instruments, securities or other valuables, business documents, passports and other documents or samples contained in the checked baggage of any passenger.
(6) China Express shall not be held liable for any illness, injury, disability or death caused or aggravated by reasons of the passenger's age, mental or health condition.
(7) Any provision herein concerning the liability exemption or limitation of China Express shall also apply to the agents, employees and representatives of China Express, and anyone providing its aircraft to China Express and its agents, employees, and representatives; the total compensation paid by China Express and the above agents, employees, and representatives as well as anyone providing its aircraft to China Express and its agents, employees, and representatives shall not exceed the limits of liability applicable herein.
Article 9 Unless expressly regulated herein, these conditions shall not exclude the application of any provision in conventions or applicable laws to the exemption or restriction of liabilities of China Express.
Chapter XIX Time limit for objection and litigation
Article Time limit for objection
(1) At the time of delivery of the checked baggage, the holder of the baggage tag receiving the checked baggage without objection shall be the preliminary evidence to prove that the checked baggage has been delivered in good condition and is in conformity with the contract of carriage, unless the passenger puts forward evidence to the contrary.
(2) In case of loss to the checked baggage, the people entitled to draw the checked baggage must immediately raise objection with China Express after detection of the loss no later than 7 days after the day receiving the checked baggage or the checked baggage should be received; in case of delay in the delivery of checked baggage, the objection shall be raised within 21 days from the date of delivering the checked baggage to the recipient for disposal;
(3) Any objection must be submitted or issued in writing within the period specified in the preceding paragraph;
(4) If those that have the right to extract the checked baggage fail to raise any objection in accordance with the above provisions, no litigation may be filed against China Express.
Article 2 Time limit for litigation
According to the Montreal Convention, if no litigation is lodged by the plaintiff within two years as of the date when the aircraft arrives at the destination, should arrive at the destination or when the transport stops, the compensation right will be lost.
Article 3 Basis of claim
(1) In the transport of passengers and baggage, the litigation related to damage compensation, regardless of its basis, whether it is according to the laws of the country, according to the contract, according to the tort, or according to any other reason, shall only be lodged in accordance with the conditions and liability limits prescribed in the Convention for the Unification of Certain Rules Relating to International Carriage by Air (May 28, 1999, in Montreal).
(2) According to the Unification of Certain Rules Relating to International Carriage by Air (May 28, 1999, in Montreal), in any such litigation, no penalty, punitive, or any other non-compensatory damages may be lodged.
(3) The applicable principle in Article 131 and Article 184 of the Civil Aviation Law of the People's Republic of China, and Article 142 of the General Rule of Civil Law.
Chapter XX Miscellaneous
Article 1 For carriage of passengers and baggage, passengers shall also abide by other applicable regulations and conditions of China Express. Such provisions may be changed and be very important, including provisions for the carriage of special passengers; use restriction provisions of electronic devices; and regulations on drinking alcoholic beverage on plane, etc. For the details of the above regulations and conditions on transport, please consult with China Express.
Article 2 The transport of routes between Chinese mainland and Hong Kong, Macao Special Administrative Region and Taiwan shall be subject to these conditions.
Article 3 The short headings under each paragraph of these conditions are for convenience only and are not used to explain the contents of the terms.
Chapter XXI Modification and effectiveness
Article 1 China Express shall have the right to modify its transport conditions without notice in accordance with the procedures prescribed by the Civil Aviation Administration of China, but such modification shall not apply to the transportation already started before modification. The staff, authorized agents or employees of China Express shall not have the right to modify, change, waive or violate any provision of these transport conditions.
Article 2 These conditions shall be in Chinese; any version in other language shall be used for reference only.
Article 3 These conditions shall be reported to the Civil Aviation Administration of China for filing and shall come into force as of January 20, 2018.