General Conditions of Carriage Tariffs for Xiamen Airlines' U.S. Routes
1 RULES CAT.
2 RULE0001 DEFINITIONS
3 RULE0002 STANDARD FORMAT OF ELECTRONIC RULES
4 RULE0005 APPLICATION OF TARIFF
5 RULE0006 CLASSES OF SERVICE
6 RULE0015 ELECTRONIC SURVEILLANCE OF PASSENGERS AND BAGGAGE
7 RULE0021 TRANSPORTATION OF PERSONS WITH DISABILITIES
8 RULE0025 REFUSAL TO TRANSPORT-LIMITATION OF CARRIAGE
9 RULE0026 ACCEPTANCE OF CHILDREN
10 RULE0035 PASSENGER EXPENSES EN ROUTE
11 RULE0040 TAXES
12 RULE0041 FUEL SURCHARGE
13 RULE0045 ADMINISTRATIVE FORMALITIES, PASSPORTS, VISAS AND TOURIST CARDS
14 RULE0055 LIABILITY OF CARRIERS
15 RULE0057 CODESHARE SERVICES
16 RULE0060 RESERVATIONS
17 RULE0065 TICKETS
18 RULE0075 CURRENCY OF PAYMENT
19 RULE0080 REVISED ROUTINGS, FAILURE TO CARRY AND MISSED CONNECTIONS
20 RULE0085 SCHEDULES, SIGNIFICANTLY DELAYED/CHANGED FLIGHTS AND CANCELLATIONS OF FLIGHTS
21 RULE0087 DENIED BOARDING COMPENSATION
22 RULE0090 REFUNDS
23 RULE0115 BAGGAGE ACCEPTANCE (MF PIECE SYSTEM)
24 RULE0117 INTERLINE BAGGAGE ACCEPTANCE
25 RULE0130 FARES
26 RULE0135 STOPOVERS
27 RULE0550 PASSENGER OCCUPYING TWO SEATS
2 AREA: ZZ TARIFF: IPRG CXR: MF RULE: 0001
DEFINITIONS
As used herein:
2.1 Add-on Fare - see "Arbitrary".
2.2 Africa - The area comprised of Central Africa, East Africa, Southern Africa, West Africa and the Indian Ocean islands.
2.3 Airline Designator Code：An identification code comprised of two-characters which is used for commercial and traffic purposes such as reservations, schedules, timetables, ticketing, tariffs and airport display systems. Airline designators are assigned by IATA. When this code appears on a ticket, it reflects the carrier that is marketing the flight, which might be different from the carrier operating the flight.
2.4 Ancillary Services - Any optional service related to air travel that a carrier provides for a fee, beyond passenger air transportation. Such services may include, but are not limited to, transport of checked or carry-on baggage, advance seat selection, access to in-flight entertainment programs or Wi-Fi, in-flight beverages, snacks, meals, pillows and blankets, seat upgrades, and lounge access.
2.5 Appointed Transition Point: The point of stay, other than the origin and destination, stipulated in the flight schedule of ticket of carrier.
2.6 Arbitrary - Special amounts used only in combination with gateway fares for the purpose of creating a through international fare. Also referred to as "Add-on Fare".
2.7 Area 1 - All of the north and south American continents; Bermuda; Greenland; Netherlands Antilles; Bahamas; Leeward, the state of Hawaii; Midway and Palmyra Islands; and the Caribbean Islands.
2.8 Area 2 - All of Europe (including that part of the Russian Federation lying west of the Urals) and the adjacent islands; Iceland; the Azores; all of Africa and the adjacent islands (including Ascension); Libya; all of the Middle East; that part of Asia lying west of and including Iran, Islamic Republic of.
2.9 Area 3 - All of Asia except that portion included in area 2; all of the East Indies; Australia; New Zealand; all islands of Indonesia, Melanesia, Micronesia and Polynesia (except Midway and Palmyra Islands), Guam Island; Wake Island; Marshall Islands; Mariana Islands; Caroline Islands; Society Islands; Fiji Islands; Samoa Islands; New Caledonia; Norfolk Island; and Tasmania.
2.10 Asia - Afghanistan; Bangladesh; Bhutan; Brunei; Burma; China; Hong Kong SAR; India; Indonesia; islands of Pacific Ocean in area 3 north of the equator except Gilbert Island; Japan; Kampuchea; Korea, Republic of; Laos; Malaysia; Maldives Islands; Nepal; Outer Mongolia; Pakistan; Philippines; Sikkim; Singapore; Sri Lanka; Timor; Thailand; Russian Federation (east of the Ural Mountains); and Vietnam.
2.11 Australasia - Australia; New Caledonia; New Zealand; new Hebrides; Fiji; Samoa; Cook Islands; Tahiti and the Adjacent Islands.
2.12 Baggage - Luggage; such articles, effects and other personal property of a passenger as are necessary or appropriate for wear, use, comfort or convenience in connection with her/his trip. Unless otherwise specified, it shall include both checked and unchecked baggage of the passenger.
2.13 Baggage Check - Those portions of the ticket or other document which provide for the carriage of passenger's checked baggage and which are issued by carrier as a receipt for passenger's checked baggage.
2.14 Baggage Rules - The conditions associated with the acceptance of baggage, services incidental to the transportation of baggage, allowances and all related charges.
2.15 Baggage Tag - A document issued by carrier solely for identification of checked baggage, the baggage (strap) tag portion of which is attached by carrier to a particular article of checked baggage and the baggage (claim) tag portion of which is given to the passenger.
2.16 Business Days - Monday through Friday excluding Federal holidays in the United States.
2.17 Checked Baggage - Registered luggage; baggage of which the carrier takes sole custody and for which the carrier has issued a baggage check and baggage (claim) tag(s).
2.18 Caribbean - Anguilla; Antigua; Aruba; Barbados; Barbuda; Bonaire; Cayman Islands; Cuba; Curacao; Dominica; Dominican Republic; Grenada; Guadeloupe; Haiti; Jamaica; Martinique; Montserrat; Nevis; Puerto Rico; Saba; St. Barthelemy; St. Eustatius; St. Kitts; St. Lucia; St. Maarten; St. Vincent; Trinidad and Tobago; Virgin Islands.
2.19 Carriage - Transportation, which is carriage of passenger and/or baggage by air, gratuitous or for reward.
2.20 Carrier - The public air carriage company which issues air tickets, carries or undertakes to carry the passengers and baggage listed in air tickets.
2.21 Central Africa - Malawi, Zambia and Zimbabwe.
2.22 Central America - Belize; Costa Rica; El Salvador; Guatemala; Honduras; Nicaragua.
2.23 Circle Trip - Travel from one point and return thereto by a continuous, circuitous air route; provided that where no reasonable direct scheduled air route is available between two points, a break in the circle may be traveled by any other means of transportation without prejudice to the circle trip.
2.24 Change Fee - The charge for passenger's voluntary request of changing their original flight reservation, including flights, date, cabin and validity.
2.25 Child - Any person 2 to 12 years old on the day of departure.
2.26 Code Share - Carriage by air which will be operated by another carrier as indicated on the ticket.
2.27 Conjunction Tickets - Two or more tickets concurrently issued to a passenger and which together constitute a single contract of carriage.
2.28 Consequential Damages – Damages which are the result of an act but are not direct or immediate.
2.29 Convention - The convention for the unification of certain rules relating to international carriage by air, signed at Warsaw, 12 October 1929 (hereafter referred to as the Warsaw convention); the Warsaw convention as amended at Hague on 28 September 1955 (hereafter referred to as Hague protocol): The convention for the unification of certain rules for international carriage by air done at Montreal on 28 May 1999 (hereafter referred to as the Montreal convention).
2.30 Damage - Includes death, injury, delay, loss, partial loss or other damage of whatsoever nature arising out of or in connection with carriage or other services incidental thereto performed by MF.
2.31 Days - Full calendar days, including Sundays and legal holidays; provided that for purposes of notification the balance of the day upon which notice is dispatched shall not be counted and that, for purposes of determining duration of validity, the balance of the day upon which the ticket is issued or flight commenced shall not be counted.
2.32 Deadline - The latest time stipulated for passenger by operating carrier to finish the check-in formalities and receive your boarding pass.
2.33 Departure Time - The time of closing cabin door after the boarding of passengers.
2.34 Domestic Carriage - Travel in which the points of departure, stopover and destination are within one sovereign state.
2.35 Eastern Africa - Burundi; Djibouti; Ethiopia; Kenya; Rwanda; Somalia; Tanzania; and Uganda.
2.36 Eastern Hemisphere - Area comprising areas 2 and 3.
2.37 EC Member States - Austria, Belgium, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden.
2.38 Endorsement - the transfer of authority required when a passenger with an international ticket wishes to rebook to a carrier other than the carrier shown on the ticket. Specific guidelines are outlined in rule 80 of this tariff.
2.39 Europe - The area comprised of Albania, Algeria, Andorra, Armenia, Austria, Azerbaijan, Azores, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Canary Islands, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Gibraltar, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Madeira, Malta, Monaco, Montenegro, Morocco, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation (west of the Urals), San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Tunisia, Turkey in Europe and Asia, Ukraine and United Kingdom.
2.40 Family - (Immediate family) spouse, children, step-children, adopted children, sons-in-law, daughters-in-law, grandchildren, brothers, brothers-in-law, sisters, sisters-in-law, parents, fathers-in-law, mothers-in-law and grandparents.
2.41 Flight Coupon - The portion of the passenger ticket that indicates particular places between which the coupon is good for carriage.
2.42 French Gold Francs - Francs consisting of 65.50 milligrams of gold with a fineness of nine hundred thousandths.
2.43 FCU (Fare Construction Unit) - Units used for fare calculation purposes in lieu of published currency amounts for the country where travel originates. Fare construction units do not represent local selling currency for any country until appropriate currency adjustments are made and a conversion factor is applied.
2.44 Guardian - (Legal guardian) a person acting in lieu of parents in the event of death or legal incapacity of parents.
2.45 Itinerary for air carriage electronic ticket (hereafter referred to as itinerary) the payment proof for passengers provided by public air carriage company or its sales agency during ticket purchasing. One itinerary is provided for each electronic ticket, and can be printed at latest one month after the flight departure. Passenger shall preserve it well in case of refunds.
2.46 Infant - Any person who is under the age of 2 on the date of commencement of travel.
2.47 International Carriage - Air carriage in accordance with air carriage contract between Xiamen Airlines (“MF”) and the passenger, whether there is a break or transfer in the transportation or not, of which the origin, appointed stopover or destination is not located in the People's Republic of China.
2.48 Merchant of Record - The entity responsible for processing payments by consumers for airfare, as shown in the consumer’s financial charge statements such as debit or credit card charge statements.
2.49 MIS-CATCH - Passenger's failure to board the aircraft after finishing check-in formalities at the origin airport or transit airport.
2.50 NO-SHOW - Passenger's failure to board the aircraft because they fail to finish check-in formalities before stipulated Check-in deadline or because their travel documents don't meet the requirements.
2.51 Normal Fare - The highest fare established for a first/business/premium economy class of valid adult fare. Children's fare and infants' fare that are established as a percentage of a normal fare are also considered to be normal fares.
2.52 Open Ticket - A ticket whose flight number, date of flight are not fixed and the seat is not reserved.
2.53 Operating Carrier - The carrier that operates the actual flight.
2.54 Overbooking - That the seats have been sold exceed the biggest allowance of the flight.
2.55 Passenger Coupon - The portion of ticket issued by or on behalf of MF and which is so marked and ultimately to be retained by passenger.
2.56 Person with a Disability - Any person who, by virtue of a locomotor, sensory, intellectual, or other impairment, or a mental health condition, requires services or assistance beyond those normally offered by the carrier to meet their disability related needs and any other persons who meet the requirements of applicable law.
2.57 Selected Carrier - The carrier whose baggage rules apply to the entire interline itinerary.
2.58 Self-reliant Passenger - A person does not require services related to a disability beyond that normally provided by the carrier, or beyond that which applicable rules or regulations require the carrier to provide.
2.59 Serious Communicable Disease - A communicable disease that can cause serious health consequences (e.g., breathing problems, organ damage, neurological difficulties, death) and can be easily transmitted by casual contact in an aircraft cabin environment (i.e., easily spread to others in an aircraft cabin through general activities of passengers such as sitting next to someone, shaking hands, talking to someone, or touching communal surfaces, such as SARS).
2.60 South West Pacific - Australia; Cook Islands; Fiji Islands; Kiribati; Loyalty Islands; New Caledonia; New Zealand; Papua New Guinea; Samoan Islands; Society Islands; Solomon Islands; Tonga; Tuvalu; Vanuatu; all intermediate islands.
2.61 Southern Africa - Botswana; Lesotho; Mozambique; South Africa; South West Africa (Namibia); and Swaziland.
2.62 Special Fare - Any fare that is not a normal fare.
2.63 Stopover - A break of journey, which is a deliberate interruption of a journey by the passenger, agreed in advance by carrier, at a point between the place of departure and the place of destination.
2.64 Ticketed Point - Points shown in the "Good for passage" section of the passenger ticket plus any other point(s) used for fare construction and shown in the "Fare Construction Box" of the passenger ticket.
2.65 Transfer - Means a change from the flight on one carrier to the flight of another carrier; or a change from the flight of a carrier to another flight of the same carrier bearing the same flight number; or a change from the flight of a carrier to another flight (that is) a service bearing a different flight number of the same carrier, irrespective of whether or not a change of aircraft occurs.
2.66 Transit Point - Means any stop at an intermediate point on the route to be travelled (whether or not a change of planes is made) which does not fall within the definition of a stopover.
2.67 Transpacific Sector - Means the portion of travel covered by a single flight coupon from the point of departure in area 1 to the point of arrival in area 3 and vice versa.
2.68 Trust Territory or Trust Territory of the Pacific Islands - Means the area comprising the Caroline islands, Mariana Islands and Marshall Islands.
2.69 Unchecked Baggage - Hand luggage which is baggage other than checked baggage.
2.70 United Kingdom - Area comprising Great Britain and Northern Ireland, including the Channel Islands and the Isle of Man.
2.71 United States of America or the United States or the U.S.A. - (unless otherwise specified) the area comprising the 48 contiguous, federated states, the federal district of Columbia; the states of Alaska and Hawaii; Puerto Rico; the U.S. Virgin Islands; American Samoa; the Canal Zone; Canton; Guam; Midway and Wake Islands.
2.72 Waitlist Segment - An unconfirmed segment for specific flight(s) for which seating was not available at the time reservations were requested.
2.73 Week - (Calendar week) a period of seven days starting at 12:01 a.m. Sunday and ending at 12:00 midnight of the following Saturday; provided that when a carrier offers only once a week service between two points, it shall mean a period of eight days commencing with 12:01 a.m. On the day the flight operates.
2.74 Western Africa - Angola; Benin; Burkina Faso; Republic of Cameroon; Cape Verde; Central African Republic; Chad; Congo; Equatorial Guinea; Gabon; Gambia; Ghana; Guinea; Guinea Bissau; Ivory Coast; Liberia; Mali; Mauritania; Niger; Nigeria; Sao Tome and Principe; Senegal; Sierra Leone; Togo; and Zaire.
3 AREA: ZZ TARIFF: IPRG CXR: MF RULE: 0002
STANDARD FORMAT OF ELECTRONIC RULES
Rule Title/Application (category)
This category contains the rule title and defines the application of the rule. It will be used to indicate the geographical application of the rule, type of service (first, coach, etc.), type of transportation (One Way or Round Trip), type of journey (single Open Jaw, Round Trip, etc.) and applicability for use with joint fares, tour fares and group fares. Provisions for capacity limitations, general rules which are not applicable and miscellaneous information which is not category specific will also appear here. This category will appear with every rule with at least the rule title.
3.1 Eligibility (category 1)
3.2 Day/Time (category 2)
3.3 Seasonality (category 3)
3.4 Flight Application (category 4)
3.5 Advance Reservations/Ticketing (category 5)
3.6 Minimum Stay (category 6)
3.6.1 Stated in days:
3.7 As used herein, the Minimum Stay Period means the number of days, counting from the day after commencement of outbound travel for the transpacific sector (in the case of transpacific fares) to the earliest day return travel for the transpacific sector (in the case of transpacific fares) may commence.
3.7.1 Stated in months:
As used herein, the Minimum Stay Period means the number of months, counting from the day of commencement of outbound travel for the transpacific sector (in the case of transpacific fares) to the earliest day return travel for the transpacific sector (in the case of transpacific fares) may commence.
3.8 Maximum Stay (category 7)
3.8.1 Stated in months:
As used herein, the maximum stay period means the number of months, counting from the day of commencement of travel from the point of origin, to the last day travel may commence from the last stopover point (including for this purpose the point of turn around).
3.9 Stopovers (category 8)
Unless otherwise stated in the fare rule, stopovers are permitted.
3.10 Transfers (category 9)
3.11 Permitted Combinations (category 10)
3.12 Blackout Dates (category 11)
3.13 Surcharges (category 12)
3.14 Accompanied Travel (category 13)
3.15 Travel Restrictions (category 14)
3.16 Sales Restrictions (category 15)
3.17 Penalties (category 16)
3.18 Higher Intermediate Point (category 17)
3.19 Ticket Endorsements (category 18)
3.20 Children's Discounts (category 19)
3.21 Tour Conductor Discounts (category 20)
3.22 Agent Discounts (category 21)
3.23 All other Discounts (category 22)
3.24 Miscellaneous Provisions (category 23)
3.25 (category 24) currently not available
3.26 (category 25) currently not available
3.27 Groups (category 26)
3.27.1 Group Size
A minimum group size refers to the minimum number of passengers required to form a group, which will permit the use of a particular fare. Unless otherwise specified in the fare rule, in order to determine the minimum group size, two Children each paying at least 50 percent of the applicable group fare will be counted as one member of the group.
3.27.2 Group Travel Requirements
(Applicable to group inclusive tour fares) unless otherwise specified in the governing fare rule, all members of the travel group must travel together as a single group on the same flight(s) for the entire itinerary. Should lack of seating accommodation or other operating conditions prevent the group from traveling together, the carrier may transport some members of the group on the next preceding or succeeding flight on which space is available.
3.27.3 Eligibility
When the required conditions pertain to affinity, own use or incentive travel, the following provisions shall apply:
3.27.3.1 Affinity Groups
a) The travel group shall be formed only from affinity groups, i.e. members or employees of the same association, corporation, company or other legal entity (hereinafter referred to as the "Organization") which shall have principal purposes, aims and objectives other than travel, and sufficient affinity existing prior to the application for transportation to distinguish it and set it apart from the general public;
b) With respect to the formation of affinity travel groups:
1) Solicitation shall be limited to personal letters, circulars and telephone calls addressed to members of the organization, to group publications intended solely for members of the organization (or for members of the federation or body to which the organization belongs) and to any other form of solicitation not being public solicitation as defined in 3) below,
2) Solicitation shall be effected only by officials of the organization or members of the travel group.
3) "Public Solicitation" shall be deemed to exist when the group transportation is described, referred to, announced in advertisements or any other writing or by means of public communication, whether paid or unpaid, including but not limited to telephone campaigns, radio, telegraph and television; provided, however, that a statement in public news media, other than advertisement, that could not reasonably be construed as calculated or likely to induce travel as a member of the travel group and which has not been initiated by the organization, any member of the travel group, the carrier or an agent or representative of any of them, shall not be considered public solicitation.
4) The travel group shall not be gathered directly or indirectly by a person engaged in soliciting or selling transportation services or providing or offering to provide transportation to the general public; provided that the mere ascertainment of the group fare and/or its collection from members of the travel group shall not of itself be deemed to constitute engaging in such acts; provided further that if the organizer of the travel group (hereinafter referred to as "Applicant") employs a travel agent to assist in the travel arrangements, such travel agent shall in no way solicit members of the travel group, except that after the party to be transported is formed the travel agent may contact the members of such group for the purposes of arranging other travel services in addition to assisting in travel arrangements.
5) Each member of the travel group shall be a member of the organization at the time of application for the group fare and shall have been such a member for at least six months immediately prior to the date on which the transportation will commence.
6) The travel group may include the spouse and dependent children of a member of the organization from which the party to be transported is drawn and parents of a member living in the same household as the member; provided, however, that any such spouse, dependent children or parents are accompanied on the flight by such member unless the member has been compelled to cancel his passage and only if such member's fare is not refunded.
3.27.3.2 Own Use Groups
The travel group shall be formed only for own use of one person (which expression shall include an individual person or a legal entity such as an association, partnership, company or corporation) (hereinafter referred to as "the purchaser"); provided that such purchaser shall not, wholly or partially, directly or indirectly, share the cost of the air transportation with other persons interested in obtaining such transportation including the passengers carried. Notwithstanding the foregoing, such cost may have been raised by voluntary contributions; provided that:
a) The voluntary contributions are not solicited nor obtained solely from the passengers to be carried;
b) Participation in the travel group is not limited to those actually contributing;
c) The minimum amount of each person's contribution has not been prescribed by the purchaser, and
d) Each person to be included in the travel group is selected by the purchaser and for reasons other than such person's request that he be included in the travel group.
3.27.3.3 Incentive Groups
Incentive travel groups shall be comprised of groups of employees and/or dealers and/or agents (including spouses) of the same business firm(s), corporation(s) or enterprise(s) (excluding Non-profit organizations) traveling under an established incentive travel program, which rewards the employees, dealers and/or agents for past work or provides an incentive for future activities; provided that:
a) The incentive travel program shall include air transportation, accommodation, sightseeing, entertainment and other features the cost of which is borne entirely by such firm/corporation/enterprise and not passed on directly or indirectly to the employees, dealers or agents;
b) Officials (and spouses) of such firm/corporation/enterprise may be included in the group if they are traveling for the purpose of making awards or officiating in the incentive travel program;
c) Each member of the incentive group is a member of the organization at the time of application for group fare.
3.27.4 Documentation
3.27.4.1 Written application shall be in the form required by the issuing carrier, setting forth the names and total number of passengers, the inclusive tour code number, and shall be signed by either the applicant, tour operator or a single passenger sales agent (also referred to as the "travel organizer"). Such application shall be submitted to the "issuing carrier" (the carrier whose tickets are to be issued) prior to the commencement of outbound travel.
3.27.4.2 (Applicable to group inclusive tour fares only)
There must be vouchers specifying sleeping accommodations and vouchers specifying sightseeing tours and other features of the tour. Such documentation, including those for ground transportation, must be available for inspection during check-in prior to commencement of the outward transpacific portion of travel.
3.28 Tours (category 27)
3.28.1 Tour Features
Unless otherwise indicated in a particular rule, the fares shall apply only as a part of an inclusive tour. In addition to air transportation, the inclusive tour must include in the published price and appropriate tour literature, features or options as specified below which must be paid for prior to commencement of the tour.
3.28.1.1 Sleeping accommodations for the total duration of the round, circle, single or Open Jaw trip, in hotels, motels (including commercially operated mobile/immobile caravan/trailers), in commercially operated pensions or tents. Sleeping accommodations may be provided on means of public transportation, provided that such transportation and sleeping accommodations are featured in approved tour literature.
3.28.1.2 A program of one or more of the following for at least half of the number of days in the total trip:
a) sightseeing,
b) entertainment feature,
c) motor coach trips,
d) rail trips, or
e) car rentals (not to include the purchase of cars).
3.28.1.3 Any modification to approved air itineraries shall be subject to one of the following provisions:
a) (applicable to group inclusive tour and advance purchase excursion fares) Modification to approved air itineraries shall be permitted only when and to the extent modification of the itinerary of the entire travel group is necessitated by circumstances beyond the control of the tour operator. Other revisions to the approved air itineraries will be considered as cancellations of previously confirmed space and the provisions outlined in Rule 90 (refunds) and in the applicable fare rule shall apply.
b) (applicable to non-affinity and affinity, incentive or own use groups) Modification to approved air itineraries shall not be permitted and shall be considered as cancellation of previously confirmed space. In such instances, the provisions outlined in Rule 90 (refunds) and in the applicable fare rule shall apply, provided that, the entire travel group may return to the point of departure at an earlier date than indicated on the application on services of the same carrier(s) specified in the application.
3.28.2 Minimum Tour Price
The term "Minimum Tour Price" Shall be understood to mean the minimum selling price of the tour per passenger.
3.28.2.1 The minimum selling price of the inclusive tour, normally expressed as the applicable inclusive tour fare plus a specific dollar amount. The price of such tour features or options may not be less than the amount specified in the particular fare rule.
3.28.2.2 Any increase in the minimum selling price due to extra days of stay en route.
3.29 Visit Another Country (category 28)
3.30 Deposits (category 29)
4 AREA: ZZ TARIFF: IPRG CXR: MF RULE: 0005
APPLICATION OF TARIFF
4.1 General
4.1.1 This tariff shall apply to carriage of passengers and baggage (and services related to such carriage) on Xiamen Airlines or jointly via the services of Xiamen Airlines and other carriers participating in this tariff.
4.1.2 The provisions outlined in this tariff shall apply to transportation of passengers and/or baggage at fares/charges outlined in this tariff. These rules constitute the conditions applying to the contract for carriage and are expressly agreed to by the passenger to the same extent as if such rules were included as conditions in the contract of carriage.
4.1.3 International transportation shall be subject to the rules relating to liability established by the convention for unification of certain rules relating to international carriage by air signed in Warsaw, October 12, 1929 as amended by the protocol signed at Hague, September 28, 1955. The convention for the unification of certain rules for international carriage by air, done at Montreal on May 28, 1999 (hereinafter referred to as the Montreal Convention). Only Rule 55 (Liability of Carriers) paragraph (14.2.1.1) of this tariff shall state any limitation on the carrier's liability for personal injury or death. Insofar as any other portion of this tariff refers to other limitations or conditions on the liability for personal injury or death, such references are included in this tariff as a part of the tariff filed with governments other than the U.S.A. and are not as part of this tariff filed with the United States Department of Transportation.
4.1.4 Overriding law if any provision contained or referred to in the ticket or in this tariff is contrary to mandatory law, government regulations, orders or requirements, such provision shall remain applicable to the extent that it is not over-ridden by such law/regulation/order/requirement. The invalidity of any provision shall not affect any other part.
4.1.5 Modification and waiver no agent, servant or representative of the carrier has authority to alter, modify or waive any provision of the contract of carriage or this tariff.
4.1.6 Except as otherwise provided, charges or monetary amounts shown in this tariff in dollars or cents are stated in terms of lawful U.S. currency.
4.1.7 Fare rule provisions, local or joint fares, including arbitraries contained in the on-line tariff database maintained by airline tariff publishing company, agent on behalf of MF are considered to be part of this tariff.
4.2 Gratuitous Carriage
With respect to gratuitous carriage, MF reserves the right to exclude the application of all or any part of this tariff except as required by applicable laws, orders or government regulations
4.3 Change without Notice
Rules, regulations and conditions of carriage are subject to change without notice except as required by applicable laws, orders or government regulations. However, any change in a contract for carriage will not apply if such carriage has already commenced.
4.4 Guaranteed Day of Purchase Provisions
The applicable rules, fares and charges for carriage of passengers and/or baggage are those in effect on the date of commencement of carriage covered by the first flight coupon of a ticket. When there is a difference between the fare/charges originally collected and the fare/charges in effect on the date of commencement of travel (from the point of origin), the passenger may be entitled to a refund of any over-collected amount or may be subject to additional collection for any under-collected amount except as required by applicable laws, orders or government regulations.
Exception: For travel originating in the U.S.A., no increase will be collected in cases where the ticket has been issued prior to the effective date of a tariff containing an increase in the applicable fare, effected through a change in fare level, a change in conditions governing the fare, or a cancellation of the fare itself, provided:
(1) The originating international flight
Coupon of the ticket was issued for a specific flight at the fare contained in a tariff lawfully in effect on the date of ticket issuance (determined by the validation stamped or imprinted on the ticket).
(2) The originating international flight
Shown on the ticket is not voluntarily changed at the passenger's request subsequent to the effective date of any increase in the applicable fare.
Note: The provisions of sub-paragraphs (1) and (2) above will not apply to tickets issued at published standby fares.
5 AREA: ZZ TARIFF: IPRG CXR: MF RULE: 0006
CLASSES OF SERVICE
5.1 First Class Service
5.1.1 The First Class section will be located in the forward-most compartment of the aircraft.
5.1.2 Separate check-in facilities will be provided for passengers eligible for First Class seating, when airport space and staffing permit.
5.1.3 Passengers eligible for First Class seating will be afforded use of First Class lounge where such facilities exist.
5.1.4 Passengers eligible for First Class seating will be afforded a choice of deluxe Chinese or western style meals and in-flight amenities such as sleeper seats (where available) complimentary beverages (including cocktails), slippers, refresher kits and the complimentary use of headsets for audio-visual entertainment (when flight time permits).
5.2 Executive Class Service
5.2.1 Executive Class section will be located immediately behind the First Class section.
5.2.2 Separate check-in facilities will be provided for passengers eligible for Executive Class seating, when airport space and staffing permit.
5.2.3 Executive Class passengers will be eligible for a choice of Chinese or western style meals and in-flight amenities such as wider seats, special footrests, complimentary beverages (including cocktails), refresher kit and the complimentary use of headsets for audio-visual entertainment (when flight time permits).
5.3 Economy Class Service
5.3.1 Economy Class section will be located behind the Executive Class section.
5.3.2 Economy Class passengers will be afforded in-flight amenities such as complimentary beverages (excluding cocktails) and will be offered headsets for rent for audio-visual entertainment (when flight time permits).
6 AREA: ZZ TARIFF: IPRG CXR: MF RULE: 0015
ELECTRONIC SURVEILLANCE OF PASSENGERS AND BAGGAGE
Passengers and their baggage are subject to inspection with an electronic detector with or without the passenger's consent or knowledge.
7 AREA: ZZ TARIFF: IPRG CXR: MF RULE: 0021
TRANSPORTATION OF PERSONS WITH DISABILITIES
7.1 Acceptance for Carriage
The carrier will make every effort to accommodate a person with a disability and will not refuse to transport a person solely based on his/her disability. In instances when refusing transportation to a person with a disability is necessary subject to applicable laws, orders or government regulations, the carrier will provide a written explanation to the person for the decision to refuse carriage at the time of the refusal.
7.2 Acceptance of declaration of self-reliance except for applicable safety-related rules and regulations, and as otherwise provided in this rule the carrier will accept the determination made by or on behalf of a person with a disability as to self-reliance once advised that he or she is "self-reliant". The carrier shall not refuse such passenger transportation on the basis that the person with a disability is not accompanied by a personal attendant or based on the assumption that the passenger may require assistance from airline employees in meeting the passenger's needs such as assistance with eating, using the washroom facilities or administering medication which are beyond the range of services that are normally offered by the carrier.
Carrier is not required to assist passenger in using lavatory facilities, with eating or with other personal care services not ordinarily provided to other passengers.
The carrier may, contrary to the passenger’s declaration of self-reliance, require the passenger to travel with a safety assistant when essential for safety and the passenger (1) is traveling in a stretcher or incubator; (2) has a mental disability such that he or she is unable to comprehend or respond appropriately to safety instructions; (3) has a severe mobility impairment such that the passenger is unable to assist in his or her own evacuation of the aircraft; or (4) has both severe hearing and vision impairments such that he or she cannot communicate with carrier personnel sufficient to permit transmission of the safety briefing and assist in his or her own evacuation of the aircraft (such passengers wishing to travel without a safety assistant may be required to provide an explanation 48 hours in advance of departure as to how the carrier may communicate the safety briefing to the passenger and how the passenger will be able to assist in his own evacuation of the aircraft in the event of an emergency).
For purposes of (4) above, the carrier may require a safety assistant if (1) the passenger’s explanation does not adequately address how the passenger will communicate with carrier or assist in his or her own evacuation of the aircraft; or (2) the passenger proposes to communicate by finger spelling and carrier cannot arrange for a flight crew member who can use this communication method in the time remaining following the passenger’s notification.
If, contrary to the passenger’s self-assessment, the carrier requires a safety assistant for passengers meeting the description of (2), (3) or (4), above, the carrier shall not charge for transportation of the safety assistant. Carrier is not responsible for providing a safety assistant.
7.3 Medical Clearance
A carrier will not automatically require a medical certificate from persons with disabilities as a condition of travel. Rather, a carrier may, in good faith, subject to applicable law, and using it reasonable discretion, determine that a person with a disability requires medical clearance where their safety or well-being, or that of other passengers, cannot be guaranteed. Where a carrier refuses to transport a passenger for such reasons, a written explanation must be provided at the time of refusal.
7.4 Advance Notice
Where a passenger requests a service set out in this rule at least 48 hours prior to departure, the carrier will provide the service. Such requests should be made by the passenger at the time of reservation, and as far in advance of travel as possible. Where a passenger requests a service less than 48 hours prior to departure, the carrier will make a reasonable effort to provide the service.
7.5 Seating Restrictions and Assignments
When a person identifies the nature of his or her disability, the carrier will inform the passenger of the available seats that are most accessible and then establish with that passenger an appropriate seat assignment.
Passengers with a disability will not be permitted to occupy seats in designated emergency exit rows, or otherwise in accordance with applicable safety-related rules and regulations.
Persons with disabilities and their attendants will, if they so request, be seated together or in other seating arrangements of their choice.
7.6 Acceptance of Aids
In addition to the regular baggage allowance, the carrier will accept, without charge, as priority checked baggage, mobility aids, including:
(1) an electric wheelchair, a scooter or a manually operated rigid-frame wheelchair;
(2) a manually operated folding wheelchair;
(3) a walker, a cane, crutches or braces;
(4) any device that assists the person to communicate; and
(5) any prosthesis or medical device. Where space permits, the carrier will, without charge, permit the person to store a manually operated folding wheelchair and small aids in the passenger cabin during the flight. The assembling and disassembling of mobility aids is provided by the carrier without charge. Wheelchairs and mobility aids will be the last items to be stowed in the aircraft hold and the first items to be removed.
7.7 Manually Operated Wheelchair Access
When facilities permit and security allows, the carrier will permit the person who uses a manually operated wheelchair to remain in the wheelchair:
7.7.1 Until the person reaches the boarding gate;
7.7.2 Where facilities permit, while the person is moving between the terminal and the door of the aircraft;
7.7.3 Where space and facilities permit, while the person is moving between the terminal and the passenger seat.
7.8 Service Animals
The carrier will accept for transportation, without charge, a service animal (including psychiatric service animals) (up to two service dogs per passenger on flights to or from the United States) required to assist a person with a disability provided that (i) the dog is properly harnessed, leashed or tethered; (ii) the passenger completes and submits to carrier a U.S. Department of Transportation Service Animal Air Transportation Form and a U.S. Department of Transportation Service Animal Relief Attestation—passenger may be required to submit such forms to carrier up to 48 hours prior to departure if the reservation was made prior to this time, otherwise such forms must be submitted prior to boarding (for flights to or from the United States); and (iv) the dog is able to fit in the passenger’s footspace. For the comfort of all passengers, the carrier staff will determine, in consultation with the person with a disability, where the person and service animal will be seated. Should injury or death of a service animal result from the fault or negligence of the carrier, the carrier will undertake to provide expeditiously, and at its own expense, medical care, or replacement of the animal. Carrier will not accept emotional support animals for carriage in the aircraft cabin on flights to or from the United States.
7.9 The carrier will ensure that services are provided to persons with disabilities when a request for such services is made at least 48 hours prior to departure, and will make reasonable efforts to accommodate requests not made within this time limit. Services to be provided upon request (without the need for advance notice) include:
7.9.1 Assisting with registration at the check-in counter:
7.9.2 Assisting in proceeding to the boarding area;
7.9.3 Assisting in boarding and deplaning;
7.9.4 Assisting in stowing and retrieving carry-on baggage and retrieving checked baggage;
7.9.5 Assisting in moving to and from an aircraft lavatory;
7.9.6 Assisting in proceeding to the general public area or, in some cases, to a representative of another carrier;
7.9.7 Transferring a person between the person's own mobility aid and a mobility aid provided by the carrier;
7.9.8 Transferring a person between a mobility aid and the person's passenger seat;
7.9.9 Providing limited assistance with meals, such as opening packages, identifying items and cutting large food portions;
7.9.10 Inquiring periodically during a flight about a person's needs; and
7.9.11 Briefing individual passengers with disabilities and their attendant on emergency procedures and the layout of the cabin.
7.10 Boarding and deplaning persons with disabilities needing assistance with boarding and deplaning may be required to board separately (normally prior to all other passengers) and disembark separately normally after all other passengers.
8 AREA: ZZ TARIFF: IPRG CXR: MF RULE: 0025
REFUSAL TO TRANSPORT-LIMITATION OF CARRIAGE REFUSAL, CANCELLATION OR REMOVAL
8.1 MF will refuse to carry, cancel the reserved space of, or remove en route any passenger:
8.1.1 When such action is necessary for reasons of safety;
8.1.2 When such action is necessary to prevent violation of any applicable laws, regulations or orders of any state or country to be flown from, into or over;
8.1.3 When conduct, age, status or mental or physical condition of the passenger is such as to:
8.1.3.1 Render him/her incapable of caring for himself/herself without special assistance or medical treatment of carrier en route, unless the passenger is accompanied by a personal attendant who will be responsible for assisting with the passenger's needs en route which are beyond the range of services that are normally offered by the carrier; or
8.1.3.2 Have a serious communicable disease, contagious disease or an offensive odor (except that on flights to or from the United States passengers will not be removed (i) unless such disease presents a direct threat to the health or safety of others; or (ii) if the offensive odor is the result of a disability); or
8.1.3.3 Involve any hazard or risk to the passenger or other persons (including in the case of expectant mothers, unborn children) or to property. The carrier can require the passenger to provide a medical certificate that then may be assessed by the carrier's own medical officer as a condition of the passenger's acceptance for subsequent travel. The carrier may refuse transportation to the person posing such hazard or risk.
Note: Pregnant Passengers:
(I) Passengers with an uncomplicated single pregnancy up to 36 weeks of pregnancy or passengers with an uncomplicated multiple pregnancy up to 32 weeks of pregnancy will not be allowed to board.
Exception 1: Such passengers may be carried on the express condition that the carrier shall not be liable for any injury or disability, or any aggravation or consequence (including death) caused by such status, age or mental or physical condition.
Note: Only Rule 55, (Liability of Carriers) paragraph (14.3.6) in this tariff may state any limitation on the carrier's liability for personal injury or death. Insofar as any other portion of this tariff refers to other limitations or conditions on the liability for personal injury or death, such references are included in this tariff as a part of the tariff filed with governments other than the U.S.A. and are not part of this tariff filed with the United States Department of Transportation.
Exception 2: The carrier will accept infants in incubators and passengers who require respiratory devices or other life support systems under the following conditions:
(1) Such passengers must be accompanied by a medically trained, or other suitable escort;
(2) Advance arrangements must be made with the carrier;
(3) A physician's statement indicating fitness for air travel and to the extent consistent with applicable law a liability release statement signed by the passenger, guardian or responsible family member must be submitted to the carrier;
(4) Approval to board life support systems in the passenger cabin of the aircraft must be obtained in advance from the carrier since FAA exemption may be required;
(5) When a passenger seat is required for the carriage of life support systems, the applicable charge for bulky cabin baggage 【outlined in Rule 115 (baggage regulations) herein】shall apply for adult passengers and children at least 2 years of age. Life support systems for infants under 2 years of age may be carried in a seat for the applicable children's fare that corresponds to the accompanying adult(s) tickets.
(6) When the passenger refuses on request to produce positive identification. The carrier has the right, but not the obligation, to require positive identification of persons purchasing tickets and/or presenting tickets for the purpose of boarding an aircraft.
(7) When a passenger refuses to permit search of his/her person or property for explosives or a concealed, deadly or dangerous weapon or article.
8.2 If question arises of any aircraft being overloaded, the carrier will decide which passengers or articles will be carried, subject to any applicable requirements of Rule 87: Denied Boarding Compensation.
8.3 The sole recourse of any person who is refused carriage or removed en route for any reason specified above, shall be recovery of the refund value of the unused portion of his/her ticket as described in Rule 90 (refunds).
9 AREA: ZZ TARIFF: IPRG CXR: MF RULE: 0026
ACCEPTANCE OF CHILDREN
For the purposes of the present rule, a minor means a person who has not reached his/her 18th birthday as of the date of commencement of travel.
9.1 Accompanied
Children are accepted for transportation when accompanied on the same flight and in the same compartment by a passenger at least 18 years of age. Only one infant will be accepted for carriage with each fare paying passenger at least 18 years of age occupying the same or adjacent seat occupied by the infant.
9.2 Unaccompanied
Minors not accompanied on the same flight and in the same compartment by a passenger 18 years of age or over are accepted for transportation only under the following conditions:
9.2.1 Under 5 years of age all classes of service not accepted under any conditions.
9.2.2 5 to 12 years of age unaccompanied minor service is mandatory.
9.2.3 Accepted only for transportation on MF-operated non-stop flights.
9.2.4 Connections or multi-leg itineraries are not permitted.
9.2.5 12 to 16 years of age unaccompanied minor service optional.
9.3 Conditions of Applicable Service
9.3.1 Registration for the unaccompanied minor service must be made at least 24 hours prior to departure.
9.3.2 The minor must be brought to the airport of departure by a parent or responsible adult who remains with the minor until carrier starts providing supervision, and who must furnish the carrier with satisfactory evidence that the minor will be met by another parent or responsible adult showing photo identification, upon deplaning at his destination. Children of ages 5 to 12 are not accepted if the flight on which the child holds a reservation is excepted to terminate short of, or bypass his destination.
9.3.3 Carrier will provide supervision for the minor from the time of boarding or check-in, where applicable, until the minor is met at destination by a parent or responsible adult showing photo identification, as identified in the above paragraph.
9.3.4 Standby/Waitlist
Segments must be confirmed. Standby travel is not permitted.
9.4 Responsibility of Carrier
Limited responsibilities of carrier with the exception of the service specifically provided to an unaccompanied minor in this rule, carrier will not assume any financial or guardianship responsibilities for unaccompanied minor beyond those applicable to an adult passenger.
9.5 Service Fee
9.5.1 There will be an escort service fee applicable to unaccompanied children ages 12 to 16.
10 AREA: ZZ TARIFF: IPRG CXR: MF RULE: 0035
PASSENGER EXPENSES EN ROUTE
10.1 Meals, Hotel Accommodations, Ground Transportation and Transit Taxes
10.1.1 If food is provided, it is provided at no charge.
10.1.2 Hotel expenses, charges for ground transportation service, meals other than those served aloft, airport service charges and transit taxes are not included in passenger fares.
10.2 Hotel Reservations
10.2.1 When requested by passenger, carrier's representatives will make application on their behalf for hotel reservations, but the availability thereof is not guaranteed. All expenses incurred by carrier or its representatives in arranging, or attempting to arrange, for reservations will be chargeable to passengers, except as otherwise provided in this tariff.
10.2.2 Except as provided below, hotel expenses are not included in passenger fares, and in the case of scheduled overnight or other stops on through services, the cost of hotel accommodation may be borne by carrier.
10.3 Arrangements made by carrier in making arrangements for hotel or other housing and board accommodations for passengers or for excursion trips on the ground or other similar arrangements,
whether or not the cost of such arrangements is for the account of carrier, carrier acts only as agent for the passenger and carrier is not liable for loss, damage or expense of any nature whatsoever incurred by the passenger as a result of or in connection with the use by the passenger of such accommodation or the denial of the use thereof to the passenger by any other person, company or agency.
11 AREA: ZZ TARIFF: IPRG CXR: MF RULE: 0040
TAXES
11.1 Any tax or other charge imposed by government authority and collectible from a passenger will be in addition to the published fares and charges.
12 AREA: ZZ TARIFF: IPRG CXR: MF RULE: 0041
FUEL SURCHARGE
12.1 This surcharge must be shown as a "YR" coded item in the tax/fees/charges section of the fare ticket box. It will be shown as "YQ" if system is unable to show as "YR".
12.2 Fuel surcharge is to be levied on all fare types including published fare, market fare, child fare and PTA.
12.3 Application of Surcharge
Between China mainland and the United States of America: CNY per sector.
Example:
SEA-MF-XMN CNY 1000 or USD 155.00 is to be levied.
12.4 The surcharge amount applies to all classes of service.
12.5 Agency commission does not apply.
13 AREA: ZZ TARIFF: IPRG CXR: MF RULE: 0045
ADMINISTRATIVE FORMALITIES: PASSPORTS, VISAS AND TOURIST CARDS
13.1 Compliance with Regulations
The passenger shall comply with all laws, regulations, orders, demands or travel requirements of countries to be flown from, into or through, and with all rules, regulations and instructions of the carrier. The Carrier shall not be liable for any aid or information given by any agent or employee of the Carrier to any passengers in connections with obtaining necessary documents or complying with such laws, regulations, orders, demands, requirements or instructions, whether given orally or in writing; or for the consequences to any passenger resulting from his/her failure to obtain such documents or to comply with such laws, regulations, orders, demands, requirements or instructions.
13.2 Passports and Visas
13.2.1 The passenger must present all exit, entry and other documents required by laws, regulations, orders, demands or requirements of the countries concerned. The Carrier will refuse carriage to any passenger whose documents are incomplete or who has not complied with applicable laws, regulations, orders, demands or requirements. Furthermore, the Carrier is not liable to the passenger for loss or expense due to the passenger's failure to comply with this provision.
13.2.2 Subject to the applicable laws and regulations, the passenger agrees to pay the applicable fare whenever the Carrier, or government order, is required to return a passenger at his point of origin or elsewhere due to the passenger's inadmissibility into or deportation from a country, whether of transit or of destination. Carrier will apply to the payment of such fares any funds paid by the passenger to Carrier for unused carriage, or any funds of the passenger in the possession of Carrier. The fare collected for carriage to the point of refusal or deportation will not be refunded by carrier.
13.3 Customs Inspection
If required, the passenger must attend inspection of his baggage, checked or unchecked, by customs or other government officials. Carrier accepts no responsibility toward the passenger if the latter fails to observe this condition. If damage is caused to carrier because of the passenger's failure to observe this condition, the passenger shall indemnify Carrier therefore.
13.4 Government Regulation
No liability shall attach to the carrier if carrier in good faith 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.
14 AREA: ZZ TARIFF: IPRG CXR: MF RULE: 0055
LIABILITY OF CARRIERS
14.1 Successive Carriers
Carriage to be performed under one ticket or under a ticket and any conjunction ticket issued in connection therewith by several successive, Carriers is regarded as a single operation.
14.2 Laws and Provisions Applicable
14.2.1
14.2.1.1 The Carrier shall avail itself of the limitation of liability provided in the Convention for the unification of certain rules relating to international carriage by air, signed at Warsaw, October 12th, 1929, or provided in the said Convention as amended by the Protocol signed at the Hague, September 28th, 1955. The Convention for the unification of certain rules for international carriage by air, done at Montreal on 28 May, 1999. However, in accordance with article 22(1) of said Convention, or said Convention as amended by said Protocol, the Carrier agrees that, as to all international transportation by the Carrier as defined in the said Convention or said Convention as amended by said Protocol, which, according to the contract of carriage, includes a point in the United States of America as a point of origin, point of destination, or agreed stopping place, the limit of liability for each passenger for death, wounding, or bodily injury shall be the dollar equivalent of 128,821 Special Drawing Rights exclusive of the costs of the action including lawyers fee which the court finds reasonable.
14.2.1.2 As to all international transportation including those points in U.S.A. as a point of origin, point of destination, or agreed stopping place by the Carrier to which the said Convention or the said Convention as amended by said Protocol, is applicable, except as provided in (14.2.1.1) above, the limit of liability for each passenger for death, wounding or other bodily injury shall be the dollar equivalent of 128,821 Special Drawing Rights exclusive of the costs of the action including lawyer(s) fees which the court finds reasonable.
Note: Rules stating any limitation on, or condition relating to, the liability of Carriers for personal injury or death are not permitted to be included in tariffs filed pursuant to the laws of the United States, except to the extent provided in paragraph (14.2.1.1&14.2.1.2) above with respect to Tariff C.A.B. No. 900. Insofar as this rule states any such limitation or condition it is included herein; except to the extent provided in paragraph (14.2.1.1&14.2.1.2) above with respect to Tariff C.A.B.No.900, as part of the tariff filed with governments other than the United States and not as part of Tariff C.A.B. No. 900 filed with the Department of Transportation of the United States.
14.2.2 Carrier's name will be abbreviated in the ticket and in these General Conditions, the full name and its abbreviation being set forth in Carrier's tariffs, and Carrier's address shall be the airport of departure shown opposite the first abbreviation of Carrier's name in the ticket, and for the purpose of the convention the agreed stopping places (which may be altered by Carrier in case of necessity) are those places, except the place of departure and the place of destination set forth in the ticket and any conjunction ticket issued therewith, or shown in Carrier's timetable as scheduled stopping places on the passenger's route. A list giving the full name and abbreviation of each Carrier in this tariff is provided at the front of this tariff.
14.2.3 To the extent not in conflict with the provisions of paragraphs (14.2.1.1&14.2.1.2) and (14.2.2) above, all carriage hereunder and other services performed by each Carrier are subject to:
14.2.3.1 Applicable laws (including national laws implementing the Convention or extending the rules of the Convention to carriage which is not "international carriage" as defined in the Convention), government regulations, orders, and requirements;
14.2.3.2 Provisions set forth in the passenger's ticket;
14.2.3.3 Applicable tariffs.
14.2.4 For the purpose of international carriage governed by the Montreal Convention, the liability rules set out in the Montreal Convention are fully incorporated herein and shall supersede and prevail over any provisions of this tariff which may be inconsistent with those rules.
14.3 Limitation of Liability
Except as the Convention or other applicable law may otherwise require:
14.3.1 Carrier is not liable for any death, injury, delay, loss, or other damage of whatsoever nature (hereinafter in this tariff collectively referred to as "damage") to passengers or unchecked baggage arising out of or in connection with carriage or other services performed by Carrier incidental thereto, unless such damage is caused by the negligence or willful fault of Carrier and there has been no contributory negligence of the passenger. Assistance rendered to the passenger by Carrier's employees in loading, unloading, or transshipping baggage shall be considered as gratuitous service to the passenger.
14.3.2 Carrier is not liable for any damage directly and solely arising out of its compliance with any laws, government regulations, orders, or requirements or from failure of passenger to comply with same, or out of any cause beyond Carrier's control.
14.3.3 Baggage Liability
Any loss, damage, or delay of certain items in checked baggage - including but not limited to antiques, documents, electronic equipment, film, jewelry, keys, manuscripts, medication, money, paintings, photographs, etc. - shall result in liability to the Carrier of no more than 1,288 SDRs. In no case shall the Carrier's liability exceed the actual loss suffered by the passenger. All claims are subject to proof of amount of loss.
14.3.4 In any event liability of Carrier for delay of a passenger shall not exceed the limitation set forth in the Convention.
14.3.5 In the event of delivery to the passengers of part but not all of his checked baggage, or in the event of damage to part but not all of such baggage, the liability of the Carrier with respect to the undelivered or damaged portion shall be reduced proportionately on the basis of weight, notwithstanding the value of any part of the baggage or contents thereof.
14.3.6 Carrier is not liable for damage to a passenger's baggage caused by property contained in the passenger's baggage. Any passenger whose property caused damage to another passenger's baggage or to the property of Carrier shall indemnify Carrier for all losses and expenses incurred by Carrier as a result thereof.
14.3.7 Carrier may refuse to accept any articles that do not constitute baggage as such term is defined herein, but if delivered to and received by Carrier, such articles shall be deemed to be within the baggage valuation and limit of liability, and shall be subject to the published rates and charges of Carrier.
14.3.8 Liability of Carrier for damages shall be limited to occurrences on its own line, except in the case of checked baggage as to which the passenger also has a right of action against the first or last Carrier. A Carrier issuing a ticket or checking baggage for carriage over the lines of another Carrier does so only as agent.
14.3.9 Carrier shall not be liable in any event for any consequential or special damage arising from carriage subject to this tariff, whether or not Carrier had knowledge that such damages might be incurred.
14.3.10 Any exclusion or limitation of liability of Carrier under this tariff or the ticket shall apply to agents, servants, or representatives of the Carrier acting within the scope of their employment and also to any person whose aircraft is used by the Carrier and its agents, servants or representatives acting within the scope of their employment.
14.4 Time Limitations on Claims and Actions
14.4.1 No action shall lie in the case of damage to baggage unless the person entitled to delivery complains to the Carrier forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt; and in the case of delay, or loss, complaint must be made at the latest within 21 days from the date on which the baggage has been placed at his disposal (in the case of delay), or should have been placed at his disposal (in the case of loss). Every complaint must be made in writing and dispatched within the time aforesaid. If no complaint is made within the times aforesaid, no action shall lie against the Carrier, save in the case of fraud on its part. Where carriage is not "international carriage" as defined in the Convention, failure to give notice shall not be a bar to suit where claimant proves that (A) it was not reasonably possible for him to give such notice, or (B) that notice was not given due to fraud on the part of Carrier, or (C) the management of Carrier had knowledge of damage to passenger's baggage.
14.4.2 Any right to damages against Carrier shall be extinguished unless an action is 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.
14.5 Overriding Law
Insofar as any provision contained or referred to in the ticket or in this tariff may be contrary to a law, government regulation, order or requirement which severally cannot be waived by agreement of the parties, such provisions shall remain applicable and be considered as part of the contract of carriage to the extent only that such provision is not contrary thereto. The invalidity of any provision shall not affect any other part.
14.6 Modification and Waiver
No agent, servant, or representative of Carrier has authority to alter, modify, or waive any provisions of the contract of carriage of this tariff.
14.7 Gratuitous Transportation
All passengers who are transported gratuitously by the Carrier will be governed by all the provisions of this rule and by all other applicable rules of this tariff.
15 AREA: ZZ TARIFF: IPRG CXR: MF RULE: 0057
CODESHARE SERVICES
15.1 Applicability to Codeshare Services
One or more flight segments in your itinerary may be operated by airlines other than Xiamen Airlines ("MF") pursuant to contractual codeshare arrangements with MF that allow MF to sell tickets for travel on flights operated by these Carriers ("MF codeshare partners"). If you purchase a MF ticket, however, your contract of carriage is with MF regardless of the operating Carrier. MF accepts responsibility for the entirety of the codeshare journey for all obligations established in this contract of carriage.
15.2 Rules Applicable to Codeshare Flights
Depending on which MF codeshare partner you travel with, certain policies and operations may or may not differ from MF's standard conditions of carriage. To the extent that any MF policy may differ from that of it’s codeshare partner, the following subset of rules are highlighted for your attention and shall apply to flights operated by MF codeshare partners.
15.2.1 Check-in Time Limits
All passengers must check-in before check-in deadline which varies in different airports.
15.2.2 Unaccompanied Minors
Not allowed on MF marketing flights operated by any codeshare partner.
15.2.3 Baggage Charges
On flight between mainland China and the United States of America, in First Class, the checked baggage allowance shall be three bags/pieces, provided that the sum of the three dimensions shall not exceed 62 inches (158 CM) for each bag/piece and provided that the maximum weight each bag/piece shall not exceed 70 LBs (32 KGs). In Business Class, the checked baggage allowance shall be two bags/pieces, provided that the sum of the three dimensions shall not exceed 62 inches (158 CM) for each bag/piece and provided that the maximum weight each bag/piece shall not exceed 70 LBs (32 KGs). For Economy Class, the checked baggage allowance shall be one or two bags/pieces, provided that the sum of the three dimensions shall not exceed 62 inches (158 CM) for each bag/piece and provided that the maximum weight for each baggage shall not exceed 50 LBs (23 KGs).
15.2.4 Carriage of Animals
MF will transport service dogs (e.g., guide dogs, seizure alert dogs, etc.) as long as safety and animal health requirements are met. MF reserve the right to refuse transport to any animal if in its reasonable determination the animal presents a direct threat to the health and safety of passengers. MF may reasonably limit the number of animals to only one per plane, except on flights to/from the United States.
15.2.5 Denied Boarding Compensation (for US-originating traffic only)
When the Carrier judges that all passengers holding previously confirmed space and tickets on a flight cannot be accommodated on a given flight, the Carrier shall solicit passengers to volunteer for denied boarding in exchange for monetary compensation and/or alternative travel arrangements, consistent with applicable laws, orders or government regulations.
15.3 Additional Services Provided by MF Codeshare Partners
MF codeshare partners may, in their discretion, accept more, larger or heavier items of checked baggage, accept specialty baggage items, accept other animals in the cabin or as cargo, and permit later check-in times. The MF codeshare partner may charge a fee for any additional discretionary services it provides. Any additional services provided at the discretion of the MF codeshare partner are not within MF's control, are subject to change at any time, and do not form any part of this contract of carriage between the passenger and MF.
16 AREA: ZZ TARIFF: IPRG CXR: MF RULE: 0060
RESERVATIONS
16.1 General
A ticket will be valid only for the flight(s) for which reservations have been made, and only between the points named on the tickets or applicable flight coupons. A passenger holding an unused open-date ticket/flight coupon/Miscellaneous Charges Order (MCO)/Prepaid Ticket Advice (PTA), Electronic Miscellaneous Document (EMD) or who wishes to change his/her ticketed reservation to another date, shall not be entitled to any preferential right with respect to the obtaining of a reservation.
16.2 Conditions of Reservations
16.2.1 A reservation for space on a given flight is valid when the availability and allocation of such space is confirmed by a reservation agent of the Carrier entered into the Carrier's computer. Subject to payment or other satisfactory credit arrangement and compliance with the payment provisions of paragraph (16.3) of this rule, a validated ticket will be issued to the passenger by the Carrier or agent of the Carrier indicating such confirmed space provided the passenger applies for such ticket prior to the expiration of the time limits prescribed in paragraph (16.3) of this rule. Such reservation of space is subject to cancellation by the Carrier without notice if the passenger has not applied to the Carrier or agent of the Carrier for a validated ticket specifying thereon the confirmed reserved space prior to the time limits prescribed in paragraph (16.3) of this rule.
Exception: If the passenger agrees to apply to the Carrier or agent of the Carrier for a validated ticket indicating such reserved space at a time earlier than the limits specified in paragraph (16.3) of this rule such earlier time limits will be entered into the Carrier's reservation system. The reservation space of passenger is subject to cancellation without notice if the passenger has not applied to the Carrier or agent of the Carrier for a validated ticket specifying thereon the confirmed space prior to the agreed time in advance of the scheduled departure of the flight to which such reservation applies.
16.2.2 In the event that the number of persons presenting themselves with confirmed reservations for carriage on a flight exceeds the number of seats available, those passengers with confirmed reservations who are not accommodated will be subject to Rule 87 (Denied Boarding Compensation) herein.
16.2.3 If the passenger purchases a ticket seven or more days prior to departure, the passenger has up to 24 hours from the time of ticket purchase to receive a full refund for the ticket. After 24 hours have elapsed, normal refund and change policies apply to the ticket.
16.3 Reservations and Ticketing Time Limits
16.3.1 Ticketing Time Limits will be different when reservation without payment is made at different time in advance of the scheduled departure time and/or on different RBD. Carrier will require that such reservation be ticketed and paid for in full prior to such Ticketing Time Limits displayed in the PNR in reservation system.
16.3.2 Failure to pay the balance of fare or the full fare by the time specified above will result in automatic cancellation of the reservation, with refund to the passenger of the fare, less any communications expenses in accordance with paragraph (16.4) of this rule.
16.4 Communication Charges
The passenger will be charged for any communication expense paid or incurred by the Carrier for telephone, telegraph, radio or cable arising from a special request of the passenger concerning a reservation.
16.5 Allocation of Accommodations
The Carrier does not guarantee allocation of any particular space in the aircraft.
16.6 Arrival of Passengers at Airports
The passenger must present himself/herself at the airport of departure before check-in deadline (varies in different airports) of the flight on which he/she holds a reservation. If the passenger fails to arrive at such airport of departure by the established time limit or appears improperly documented and not ready to travel, MF will cancel space reserved for him/her. Departure will not be delayed for passengers who arrive at airports of departure too late for such formalities to be completed before scheduled departure time. MF is not liable to the passenger for loss or expenses due to passenger's failure to comply with this provision.
16.7 Reconfirmation of Reservations
MF will cancel the reservation of an international portion of an itinerary (including the complete remaining international itinerary) of any passenger on a flight operated by it from any stopover point, unless the passenger advises MF of his/her intention to use his/her reservation by communicating with a reservation or ticket office of MF at the city where he/she intends to resume his/her trip at least 72 hours before scheduled departure of the flight. However, reconfirmation of reservation is not required if the passenger remains at any point less than 72 hours.
16.8 Cancellation of Continuing Space
If a passenger fails to occupy space which has been reserved for him/her, the Carrier will cancel all other reservations held by such passenger for continuing or return space. The Carrier is not liable for such cancellation but will refund any unused portion of the ticket in accordance with Rule 90 (Refunds) in this tariff.
17 AREA: ZZ TARIFF: IPRG CXR: MF RULE: 0065
TICKETS
17.1 General
17.1.1 A ticket will not be issued and in any case Carrier will not be obligated to carry until the passenger has paid the applicable fare or has complied with credit arrangements established by Carrier.
17.1.2 No person shall be entitled to transportation except upon presentation of a valid ticket. Such ticket shall entitle the passenger to transportation only between points of origin and destination and via the routing designated thereon.
17.1.3 The fare paid shall only be applicable when international travel actually commences in the country of the point of origin shown on the ticket, i.e. if international travel actually commences in a different country, the fare must be reassessed from such country. For example, if the ticket was issued at the Hong Kong dollar fare for travel Hong Kong-Tokyo-Los Angeles and the passenger actually commences travel in Tokyo, instead of Hong Kong, the fare must be reassessed at the Tokyo-Los Angeles, Japanese Yen fare level.
17.1.4 Flight coupons will be honored only in the order in which they are issued, and only if all unused flight coupons and passenger coupons are presented together.
17.1.5 A ticket which has not been validated, or which has been altered, mutilated or improperly issued, shall not be valid.
17.1.6 Tickets are not transferable but Carrier is not liable to the owner of a ticket for honoring or refunding such ticket when presented by another person.
17.1.7 Unless otherwise provided, purchase of a Prepaid Ticket Advice (PTA) will constitute purchase and issuance of ticket.
17.2 Validity for Carriage
17.2.1 General
When validated, the ticket is good for carriage from the airport at the place of departure to the airport at the place of destination via the route shown therein and for the applicable class of service and is valid for the period of time specified or referred to in paragraph (17.2.2) below. Each flight coupon will be accepted for carriage on the date and flight for which accommodation has been reserved. When flight coupons are issued on an "open date" basis, accommodations will be reserved upon application, subject to the availability of space. The place and date of issue are set forth on the flight coupons.
17.2.2 Period of Validity
The Period of Validity for transportation will be one year from the date of issuance of the original ticket, except as provided in paragraph (17.3) and (17.4).
17.2.2.1 Normal fare tickets - the above period of validity applies, however a ticket for a normal fare trip which limits the carriage to specific periods of the day, week, month or year, is good for carriage only during the period to which the fare applies.
17.2.2.2 Excursion or special fare tickets - if the ticket is for an excursion or special fare having a shorter period of validity than indicated above, such shorter period of validity applies only in respect to such excursion or special fare transportation.
17.2.3 "Open Exchange Order" / Miscellaneous Charges Order
An Exchange Order or Miscellaneous Charges Order issued without definite date of passage must be presented for a ticket within one year from the date of issue; otherwise it will not be honored for a ticket.
17.2.4 Expired Ticket
An expired ticket or Exchange Order will be accepted for refund in accordance with Rule 90 (22.5) (Refunds).
17.2.5 Computation of Validity
When determining ticket validity, return limits and all other calendar periods specified herein, the first day to be counted shall be the day following that upon which the ticket is issued or the transportation commenced.
17.2.6 Expiration of Validity
Tickets expire at midnight on the date of expiration of ticket validity.
17.3 Extension of Ticket Validity
17.3.1 If a passenger is prevented from travelling within the period of validity of his ticket because Carrier:
17.3.1.1 Cancels the flight upon which the passenger holds confirmed space;
17.3.1.2 Omits a scheduled stop, provided this is the passenger's place of departure, place of destination, or place of stopover;
17.3.1.3 Fails to operate a flight reasonably according to schedule;
17.3.1.4 Causes the passenger to miss a connection;
17.3.1.5 Substitutes a different class of service, or
17.3.1.6 Is unable to provide previously confirmed space; Carrier will, without additional collection of fare, extend the validity of such passenger's ticket until the first service of Carrier, on the class for which the fare has been paid, on which space is available, but not for more than 30 days.
17.3.2 Lack of Space
When a passenger in possession of a normal fare ticket, or a special fare ticket that has the same validity as a normal fare ticket, is prevented from travelling within the period of validity of his ticket because Carrier is unable to provide space on the flight, the validity of such passenger's ticket will be extended until the first flight, of the same class of service paid for, upon which space is available, but not for more than seven days.
17.4 Waiver of Minimum/Maximum Stay Provisions
17.4.1 Once travel has commenced, the Minimum Stay requirement with regard to any fare will be waived or the Maximum Stay requirement with regard to any fare will be extended in the event of the death of any member of the passenger's immediate family as defined in Rule 01 (Definitions) occurring after commencement of travel.
17.4.1.1 In the event the Minimum Stay requirement is waived, the ticket must be endorsed "earlier return on account of the death of (name of passenger's immediate family member/relationship).
17.4.1.2 The Maximum Stay requirement will be extended for not more than 45 days after the date of death of passenger's immediate family member.
17.4.1.3 A death certificate (or a copy) duly executed by the competent authorities (i.e. those designated to issue a death certificate by the applicable laws of the country concerned) in which death occurred must be presented at the time of re-ticketing.
17.4.2 Once travel has commenced, the Minimum Stay requirement with regard to any fare will be waived or the Maximum Stay requirement with regard to any fare will be extended in the event of illness or hospitalization occurring after commencement of travel of a passenger or any member of the passenger's immediate family as defined in Rule 01 (Definitions).
17.4.2.1 In the event the Minimum Stay requirement is waived, the ticket must be endorsed "earlier return on account of illness of (name of passenger or passenger's immediate family member/ relationship)."
17.4.2.2 The Maximum Stay requirement will be extended until the date when the passenger becomes fit to travel or member of the passenger's immediate family becomes fit according to a medical certificate, or until the date of the first available flight after such date for the class of service for which the fare has been paid; Provided that, the validity of such ticket will be extended for not more than three months from the issuing date of the certificates specified in paragraph (17.3) below if the unused coupon includes one or more stopover points.
17.4.2.3 A document certifying hospitalization issued by the administrative authority of the hospital where confinement occurred or physician's certificate stating the circumstance which necessitates travel under this provision must be presented at the time of re-ticketing.
17.4.3 If the death certificate or medical certificate is not available at the time the passenger is to travel or if the Carrier has reason to doubt the validity of such certificate, the passenger will be accommodated only upon payment of the fare applicable to the transportation actually used and a request for refund may be filed with the Carrier. Upon receipt of the claim form and all supporting documents and after determining the validity of the claim the Carrier will refund to the passenger the difference between the total fare paid by the passenger and the amount the passenger would have paid under the provision of this rule.
17.5 Coupon sequence and production of the ticket flight coupons must be used in sequence from the place of departure as shown on the passenger coupon. The passenger throughout his journey must retain the passenger coupon and all flight coupons of the ticket not previously surrendered to Carrier. He must, when required, produce the ticket and surrender any applicable portion to Carrier.
17.6 Absence, Loss, or Irregularities of Ticket
17.6.1 Carrier is not obligated to accept a ticket if any part of it is mutilated or if it has been altered by other than Carrier or if it is presented without the passenger coupon and all unused flight coupons.
17.6.2 Carrier will refuse carriage to any person not in possession of a valid ticket. In case of loss or non-presentation of the ticket or the applicable portion thereof, carriage will not be furnished for that part of the trip covered by such ticket or portion thereof until the passenger purchases another ticket at the current applicable fare for the carriage to be performed.
17.6.3 Notwithstanding the foregoing, Carrier will issue at the passenger's request a new ticket to replace the lost one upon receipt of proof of loss satisfactory to Carrier, and if the circumstances of the case in Carrier's opinion warrant such action; provided that the passenger agrees, in such form as may be prescribed by Carrier, to indemnify Carrier for any loss or damage that Carrier may sustain by reason thereof.
17.7 Non-transferability
A ticket is not transferable, but Carrier shall not be liable to the person entitled to be transported or to the person entitled to receive such refund for honoring or refunding such ticket when presented by someone other than the person entitled to be transported thereunder or to a refund in connection therewith. If a ticket is in fact used by any person other than the person to whom it was issued, Carrier will not be liable for the destruction, damage, or delay of such unauthorized person's baggage or other personal property or the death or injury of such unauthorized persons arising from or in connection with such unauthorized use.
17.8 Prepaid Ticket Advice
Unless otherwise provided, purchase of a Prepaid Ticket Advice (PTA) will constitute purchase and issuance of ticket.
18 AREA: ZZ TARIFF: IPRG CXR: MF RULE: 0075
CURRENCY OF PAYMENT
Except as noted below, fares and charges are payable in any currency acceptable to the carrier. When payment is made in currency other than the currency in which the fare is published, such payment will be made at the rate of exchange established for such purpose by the carrier, the current statement of which is available for inspection by the passenger at the carrier's office where the ticket is purchased. The provisions of this rule are also subject to applicable exchange laws and government regulations.
18.1 Payment of fares in the U.S.A. for travel originating in the U.S.A. shall be in U.S. dollars (USD).
18.2 Payment of fares for travel originating at a point outside of the U.S.A. shall be in the currency of the country of origin, or in USD. If payment is made in USD, then the fare calculated in the currency of the country of origin is converted into USD at the local bankers' selling rate of exchange.
18.3 When a transportation document is presented for either rerouting or refund at points in the U.S.A. or points outside the U.S.A. covering travel originating and paid for in the U.S.A., the difference between the value of the revised journey and the value of the original transportation document shall be calculated in the currency of the country where travel commenced.
18.3.1 If the value of the revised journey exceeds the value of the original transportation document, the difference in value shall constitute an additional collection and it shall be converted from the currency in which calculated into the currency being collected from the passenger or purchaser at the local bankers' buying rate of exchange at the time of such transaction.
18.3.2 If the value of the original transportation document exceeds the value of the revised journey, the difference in value shall constitute a refund and it shall be converted from the currency in which calculated into the currency being refunded to the passenger or purchaser at the local bankers' buying rate of exchange at the time of such transaction.
Note: The carrier will pay a refund in the same form (e.g. Cash, Cheque, Credit Card, etc.) that was used in purchasing the original transportation document. The carrier, in making the refund, will also observe any refund restriction that is published in the governing rule(s) applicable to the fare paid by the passenger. Furthermore, the carrier will observe any government or carrier restriction imposed on the conversion and refund of currencies outside the country whose currency was originally collected.
18.4 As used herein the term "Banker’s Buying Rate" means the rate at which, for the purpose of the transfer of funds through banking channels (i.e. other than transactions in bank notes, travelers cheques, and similar banking instruments), a bank will purchase a given amount of foreign currency in exchange for one unit (or units) of the national currency of the country in which the exchange transaction takes place.
18.5 As used herein, the term "Banker’s Buying Rate" means transfer of funds through banking channels (i.e. other than transactions in bank notes, travelers cheques and similar banking instruments), a bank will sell a given amount of foreign currency in exchange for one unit (or units) of the national currency of the country in which the exchange transaction takes place.
Exception: In the U.S.A. the "Banker’s Selling Rate" or "Banker’s Buying Rate" means the rate published each Tuesday in the Wall Street Journal under the heading of "selling prices for bank transfers in the U.S. for payment abroad". This rate will be applicable from Wednesday of each week up to and including the Tuesday of the following week. When a national holiday falls on a Monday, foreign exchange rates do not appear in the Tuesday edition of the Wall Street Journal. In this case, the previous week's rates are used through Wednesday instead of Tuesday, and the Wednesday edition of the Wall Street Journal will be used for the period Thursday through Tuesday.
19 AREA: ZZ TARIFF: IPRG CXR: MF RULE: 0080
REVISED ROUTINGS, FAILURE TO CARRY AND MISSED CONNECTIONS
19.1 Changes Requested by Passenger
19.1.1 At the passenger's request, MF will effect a change in the routing (other than the point of origin), carrier(s), class(es) of service, destination, fare or validity specified in an unused ticket/flight coupon(s)/Miscellaneous Charge Order (MCO)/Prepaid Ticket Advice (PTA), provided that:
19.1.1.1 MF issued such ticket/PTA/MCO, or
19.1.1.2 MF is the carrier designated in the "via Carrier" box (or no carrier is designated in the "via Carrier" box) of the unused flight coupon/MCO/PTA for the first onward carriage from the point on the route at which the passenger desires the change to commence.
Exception: The provisions of subparagraph (19.1.1.3), below, shall apply when a carrier other than MF issued the ticket/MCO/PTA and; such carrier is designated in the " via Carrier " box on any subsequent flight coupon/MCO/PTA; and such carrier has an office or general agent (who is authorized to make endorsements) at the point on the route where the change is to commence or the point where the change is requested, or.
19.1.1.3 MF has received written or telegraphic authority from the carrier who is authorized to make such changes. Changes requested by the passenger shall be effected by reticketing the passenger or endorsing any unused ticket/flight coupon/PTA/MCO to the new receiving carrier.
19.1.2 When the rerouting results in a change of fare, the new fare and charges shall be constructed as follows:
19.1.2.1 (Not applicable to/from points in the U.S.A.) - If the destination is unchanged the new fare shall be constructed from the last fare construction point preceding the point at which the rerouting takes place, as shown on the ticket submitted for rerouting, to the fare construction point shown on the ticket submitted for rerouting, beyond which the original fare construction remains applicable.
Note: For the purpose of this rule, fare construction point, as used herein, means the point to which the previous fare was calculated.
19.1.2.2 (Not applicable to/from points in the U.S.A.) - If the destination is changed the new fare shall be constructed from the last fare construction point preceding the point at which the rerouting takes place, as shown on the ticket submitted for rerouting, to the new destination.
Note 1: The points of origin and destination, as well as the point of outward destination in the case of a Round Trip ticket, shall also be fare construction points, and the fares and charges to be used for the construction of the new fare shall be those which would have been applicable as of the date of commencement of carriage.
Note 2: For the purpose for this rule, fare construction point, as used herein, means the point to which the previous fare was calculated.
19.1.2.3 (Applicable only from/to points in the U.S.A.) - The new fare shall be calculated upon the basis of that which would have been applicable had the passenger purchased transportation for the revised itinerary (which includes those points for which transportation has already been completed) prior to departure from point of origin.
19.1.2.4 Additional passage at the through fare and charges shall not be permitted unless request therefor has been made prior to arrival at the destination named on the original ticket or miscellaneous charges order; and, after carriage has commenced:
a) A one-way ticket shall not be converted into a round, circle or open-jaw trip ticket at the round, circle or open-jaw trip discount for any portion already flown. Discount will be applied only to any rerouted portion of the trip and only from the point of rerouting, not based on any portion of the trip already flown;
b) A round, circle or discounted open-jaw trip ticket can be converted into any other one of these categories provided that the request therefor is made prior to arrival at the destination named on the original ticket or miscellaneous charges order.
19.1.3 Any difference between the fares and charges applicable under subparagraph (19.1.2) above, and the fares and charges paid by the passenger, will be collected from the passenger by the carrier accomplishing the rerouting who will also pay to the passenger any amounts due on account of refunds.
19.1.4 The expiration date of any new ticket issued for a revised routing will be limited to the expiration date that would have been applicable had the new ticket been issued on the date of sale of the original ticket or miscellaneous charges order.
19.1.5 Time limits on cancellations and charges for late cancellations will be applicable to revised routings requested by passenger.
19.2 Involuntary Revised Routings
19.2.1 In the event carrier cancels a flight, fails to operate according to schedules, substitutes a different type of equipment or different class of service, or is unable to provide previously confirmed space, or the passenger is refused passage or removed, in accordance with Rule 55 herein, carrier will either:
19.2.1.1 Make reasonable efforts to inform passengers of schedule irregularities and to the extent possible, the reason for the schedule irregularities.
19.2.1.2 In the event of a schedule irregularity, within the carrier's control, present the passenger with the following options:
a) Carry the passenger to the destination named on the ticket, or applicable portion thereof, within a reasonable amount of time, on another of its passenger aircraft or in a different class of service on which space is available, without additional charge, regardless of the class of service in which the passenger was booked; or,
b) Reroute the passenger to the destination named on the ticket, or applicable portion thereof, on its own transportation services within a reasonable amount of time. If the fare for the revised routing or class of service is higher than the fare paid by the passenger, the carrier will require no additional payment from the passenger. If the fare for the revised routing is in a lower class of service, a refund will be made for the difference in fare. The refund will be made to the purchaser of the ticket. The form of refund will be the same as the form of payment used for the ticket. The refund will be based on the total value of the ticket; or,
c) Reroute the passenger to the destination named on the ticket, or applicable portion thereof, on another air carrier's transportation services, including interline or, where possible and necessary, non-interline carriers, within a reasonable amount of time. If the fare for the revised routing or class of service is higher than the fare paid by the passenger, the carrier will require no additional payment from the passenger. If the fare for the revised routing is in a lower class of service, a refund will be made for the difference in fare. The refund will be made to the purchaser of the ticket. The form of refund will be the same as the form of payment used for the ticket. The refund will be based on the total value of the ticket; or,
d) If the passenger chooses to no longer travel as the schedule irregularity results in the loss of purpose of traveler if the carrier is unable to perform the option stated in (a), (b) or (c) within a reasonable amount of time, the carrier will transport the passenger to the point of origin named on the ticket and refund the full amount of the ticket in accordance with Rule 90, irrespective if travel has commenced, or subject to passenger's agreement, offer a travel voucher for future travel in the same amount;
e) Otherwise, should the alternate transportation proposed by the carrier not meet the passenger's satisfaction, the carrier will offer a refund equal to the fare and charge paid. The refund will be made to the purchaser of the ticket(s). The form of refund will be the same form used as payment of the ticket(s). The refund will be based on the total value of the ticket(s). For complete conditions on refunds, see Rule 90.
f) Nothing in the above shall limit or reduce the passenger's right, if any, to claim damages, if any under the applicable convention, or under the law when neither convention applies.
g) In addition to the above, the carrier will always consider the needs of the passenger on a case by case basis and take into account all known circumstances to avoid or mitigate the damages caused by the schedule irregularity within the carrier's control.
19.2.1.3 In the event of a scheduled irregularity, not within the carrier's control (e.g. force majeure), will provide the following:
a) The carrier will offer the passenger the choice to travel on another of its scheduled flights on the same route as the passenger was originally ticketed or to travel on a different routing operated by the carrier to the same ticketed destination.
b) If these options are not available, the carrier will offer to transport the passenger on the same route as he/she was originally ticketed or on a different route operated by the services of another carrier with whom the original air carrier has a commercial agreement and provided space is available.
c) Should the fare for the alternate transportation proposed by the carrier be more expensive, the additional payment shall be made but there will be no additional cost to the passenger.
d) Should the fare for the alternate transportation proposed by the carrier be less expensive, a refund will be made to the purchaser of the ticket(s). The form of refund will be the same form used as payment of the ticket(s). The refund will be based on the total value of the ticket(s). For complete conditions on refunds see Rule 90.
e) Should the alternate transportation proposed by the carrier not meet the passenger's satisfaction, the unused portion of the passenger's ticket(s) will be refunded. The refund will be made to the purchaser of the ticket(s). The form of refund will be the same form used as payment of the ticket(s). The refund will be based on the total value of the ticket(s). For complete conditions on refunds, see Rule 90.
f) When a refund is requested as a result of a schedule irregularity, the passenger must submit the unused portions of his/her ticket(s) to the carrier by no later than 30 days after the validity shown on the ticket(s).
19.2.2 Right to Care.
Except as otherwise provided in other applicable foreign legislation, in addition to the provisions of this rule, in case of scheduled irregularity within the carrier's control a passenger will be offered the following:
19.2.2.1 For a schedule irregularity lasting longer than 4 hours, the carrier will provide the passenger with a meal voucher.
19.2.2.2 For a schedule irregularity lasting more than 8 hours or overnight, the carrier will provide overnight hotel accommodation and airport transfers for the passenger. The carrier is not obligated to provide overnight accommodation for passengers at the first airport of departure appearing on the ticket.
19.2.2.3 If the passengers are already on the aircraft when a delay occurs, the carrier will offer drinks and snacks if it is safe, practical and timely to do so. If the delay exceeds ninety (90) minutes and circumstances permit, the carrier will offer the passenger the option of disembarking from the aircraft until it is time to depart.
19.2.3 Missed Connections: The event a passenger misses an onward connecting flight on which space has been reserved for him/her because the delivering carrier did not operate its flight according to schedules, or changed the schedule of such flight, the delivering carrier will arrange for the carriage of the passenger or make involuntary refund in accordance with Rule 90 (Refunds) herein.
19.2.4 Free Baggage Allowance: An involuntary rerouted passenger shall be entitled to retain the free baggage allowance applicable for the type of service originally paid for. This provision shall apply even though the passenger may be transferred from a First Class flight to an economy/tourist/coach/thrift class flight and is entitled to a fare refund.
20 AREA: ZZ TARIFF: IPRG CXR: MF RULE: 0085
SCHEDULES, SIGNIFICANTLY DELAYED/CHANGED FLIGHTS AND CANCELLATIONS OF FLIGHTS
20.1 Schedules
The times shown in timetables or elsewhere as approximate and not guaranteed, and form no part of the contract of carriage. Schedules are subject to change without notice and the carrier assumes no responsibility for making connections. The carrier will not be responsible for errors or omissions either in timetables or other representations of schedules. No employee, agent or representative of the carrier is authorized to bind the carrier as to the dates or times of departure or arrival or of the operation of any flight.
20.2 Significantly Delayed/Changed Flights
Scheduled flights (to/from/within the United States) with a change made by a carrier where as the result of the delay or change:
(1) The passenger is scheduled to depart from the origination airport three hours or more for U.S. domestic itineraries and six hours or more for international itineraries earlier than the original scheduled departure time;
(2) The passenger is scheduled to arrive at the destination airport three or more hours for U.S. domestic itineraries or six or more hours for international itineraries after the original scheduled arrival time;
(3) The passenger is scheduled to depart from a different origination airport or arrive at a different destination airport;
(4) The passenger is scheduled to travel on an itinerary with more connection points than that of the original itinerary;
(5) The passenger is downgraded to a lower class of service;
(6) The passenger who is an individual with a disability is scheduled to travel through one or more connecting airports different from the original itinerary; or
(7) The passenger with a disability is scheduled to travel on substitute aircraft on which one or more accessibility features needed by the passenger being unavailable.
20.3 Flight Cancellation
A flight that was published in the carrier’s Computer Reservation System at the time of the ticket sale but not operated by the carrier.
20.3.1 Subject to applicable regulations regarding notice to passengers in the case of Flight Cancellation or Significantly Delayed/Changed Flights, the carrier may, without notice, substitute alternate carriers or aircraft.
20.3.2 Subject to applicable regulations regarding notice to passengers in the case of Flight Cancellation or Significantly Delayed/Changed Flights, the carrier may, without notice cancel, terminate, divert, postpone or delay any flight or the further right of carriage or reservation of traffic accommodations and determine if any departure or landing should be made, without any liability except to refund in accordance with its tariffs and applicable regulations the fare and baggage charges and any ancillary fees for any unused portion of the ticket if it would be advisable to do so:
20.3.2.1 Because of any fact beyond its control (including, but without limitation, meteorological conditions, acts of God, force majeure, strikes, riots, civil commotions, embargoes, wars, hostilities, disturbances, disease, or unsettled international conditions) actual, threatened or reported or because of any delay, demand, conditions, circumstance or requirement due, directly or indirectly, to such fact; or
20.3.2.2 Because of any fact not to be foreseen, anticipated or predicted; or
20.3.2.3 Because of any government regulation, demand or requirement; or
20.3.2.4 Because of shortage of labor, fuel or facilities, or labor difficulties of the carrier or others.
20.3.3 The carrier will cancel the right or further right of carriage of the passenger and his/her baggage upon the refusal of the passenger, after demand by the carrier, to pay the fare or the portion thereof so demanded, or to pay any charge so demanded and assessable with respect to the baggage of the passenger without being subject to any liability therefor except to refund, in accordance herewith, the unused portion of the fare and baggage charge(s) previously paid, if any.
21 AREA: ZZ TARIFF: IPRG CXR: MF RULE: 0087
DENIED BOARDING COMPENSATION
21.1 For U.S. originating flights, requesting volunteers on denied boarding when the carrier judges that all passengers holding previously confirmed space and tickets on a flight cannot be accommodated on a given flight, the following procedure shall apply, consistent with applicable laws, orders or government regulations:
A notice (as shown below) will be displayed at all airport ticket/check-in counters and boarding locations for that flight, soliciting passengers to volunteer for denied boarding.
Notice to passengers
MF flight No. may be overbooked today and there is a slight chance that a seat will not be available on this flight for which a person has a confirmed reservation. In accordance with the regulations of the Chinese and U.S. Government, MF is seeking volunteers to give up their reservation in exchange for a compensatory payment, in case the flight is actually overbooked. Anyone interested in being a volunteer is kindly requested to contact a MF agent for further details. If you are denied boarding, you are eligible, subject to limited exceptions, to compensation specified in (21.2.4) of this rule. The complete rules for the payment of compensation and MF's boarding priorities are available at all our airport ticket counters and boarding locations. Thank you very much for your cooperation in this matter.
21.2 Involuntary Denied Boarding Procedure
MF shall follow boarding priority rules as indicated in a statement of public disclosure to passengers encompassing the following:
21.2.1 Volunteers and Boarding Priorities
If a flight is oversold (more passengers hold confirmed reservations than there are seats available), no one may be denied boarding against his/her will until airline personnel first ask for volunteers, who will give up their reservations willingly, in exchange for a payment of the airline's choosing. If there are not enough volunteers, other passengers may be denied boarding involuntarily in accordance with the following boarding priority of MF:
21.2.1.1 Non-revenue and reduced rate airline employees and/or his/her family members.
21.2.1.2 Tour conductor(s) not accompanying a tour group.
21.2.1.3 Passenger(s) (excluding tour conductors) other than airline employee(s) traveling on reduced rate or non-revenue tickets.
21.2.1.4 Local boarding revenue passenger(s) excluding those passengers who volunteered for denied boarding.
21.2.1.5 Tour conductor(s) accompanying a tour group.
21.2.1.6 Transit revenue passengers continuing on the same flight.
21.2.1.7 Government inspector(s) or checker(s).
21.2.1.8 Deadhead crew members whose denied boarding may cause cancellation, delay or other forms or irregular operation to other scheduled flights.
Note: Ensure that persons with disabilities, along with their attendant, should be the first group of passengers not to be denied boarding, following the overbooking of a flight.
21.2.2 Transportation and Care for Passengers Denied Boarding.
A passenger has the right to take the flight he or she has purchased. The carrier will present a passenger who has been denied boarding, whether voluntarily or involuntarily, with the following options:
21.2.2.1 Carry the passenger to the destination named on the ticket, or applicable portion thereof, within a reasonable amount of time, on another of its passenger aircraft or in a different class of service on which space is available, without additional charge, regardless of the class of service in which the passenger was booked or,
21.2.2.2 Reroute the passenger to the destination named on the ticket, or applicable portion thereof, on its own transportation services within a reasonable amount of time. If the fares for the revised routing or class of service is higher than the fare paid by the passenger, the carrier will require no additional payment from the passenger. If the fare for the revised routing is in a lower class of service, a refund will be made for the difference in fare. The refund will be based on the total value of the ticket; or,
21.2.2.3 Reroute the passenger to the destination named on the ticket, or applicable portion thereof, on another air carrier's transportation services, including interline or, where possible and necessary, non-interline carriers, within a reasonable amount of time. If the fare for the revised routing or class of service is higher than the fare paid by the passenger, the carrier will require no additional payment from the passenger. If the fare for the revised routing is in a lower class of service, a refund will be made for the difference in fare. The refund will be based on the total value of the ticket; or,
21.2.2.4 If the passenger chooses to no longer travel as the denied boarding results in the loss of purpose of travel or if the carrier is unable to perform the options stated in (21.2.2.1), (21.2.2.2) or (21.2.2.3) above within a reasonable amount of time, the carrier will transport the passenger to the point of origin named on the ticket and refund the full amount of the ticket, irrespective if travel has commenced, or subject to passenger's agreement, offer a travel voucher for future travel in the same amount;
21.2.2.5 Otherwise, should the alternate transportation proposed by the carrier not meet the passenger's satisfaction, the carrier will offer a refund equal to the fare and charge paid. The refund will be based on the total value of the ticket(s). For complete conditions on refunds, see Rule 90.
21.2.2.6 Nothing in the above shall limit or reduce the passenger's right, if any to claim damages, if any, under the applicable convention, or under the law when neither Conventions applies.
21.2.2.7 In addition to the above, the carrier will always consider the needs of the passenger on a case by case basis and take into account all known circumstances to avoid or mitigate the damages caused by the schedule irregularity within the carrier's control.
21.2.2.8 Right to Care:
a) A meal or drink, if the transportation acceptable to the passenger departs more than four (4) hours after the original departure time of the flight on which the passenger was denied boarding.
b) An overnight hotel stay and airport transfers, if the transportation acceptable to the passenger departs more than eight (8) hours after the original departure time of the flight on which the passenger was denied boarding and involves an overnight stay, provided the passenger's travel did not start at that airport.
c) A telephone call, e-mail or fax message to the destination point of travel.
21.2.3 Compensation for Involuntary Denied Boarding
If you are denied boarding involuntarily, you are entitled to a payment of "Denied Boarding Compensation" from the airline unless:
21.2.3.1 You have not fully complied with the airline's ticketing, check-in, and reconfirmation requirements, or you are not acceptable for transportation under the airline's usual practice; or
21.2.3.2 You are denied boarding because the flight is cancelled; or
21.2.3.3 You are denied boarding because a smaller capacity aircraft was substituted for safety or operational reasons; or
21.2.3.4 You are offered accommodations in a section of the aircraft other than that specified on your ticket, at no extra charge. (a passenger seated in a section for which a lower fare is charged must be given an appropriate refund.); or
21.2.3.5 The airline is able to place you on another flight or flights that are planned to reach your final destination within one hour of the scheduled arrival of your original flight.
21.2.4 Amount of Denied Boarding Compensation
21.2.4.1 200% of the one-way fare (but not more than USD $775) if the airline is able to place passengers on a flight scheduled to arrive at passenger's final destination between one and four hours of the scheduled arrival of passenger's original flight;
21.2.4.2 400% of the one-way fare (but not more than USD $1550) if the airline is able to place passenger on a flight scheduled to arrive at passengers' final destination more than four hours after the scheduled arrival of passenger's original flight.
21.2.5 Method of Payment
The airline must give each passenger who qualifies for denied boarding compensation, a payment by cash, cheque, draft or MCO (on flights from the U.S., cash or cheque or gift card) for the amount specified above, on the day and place the involuntary denied boarding occurs. However, if the airline arranges alternate transportation for the passenger's convenience that departs before the payment can be made, the payment will be sent to the passenger within 24 hours. The carrier may offer free tickets in place of the cash payment. The passenger may, however, refuse all compensation and bring private legal action.
21.2.6 Passenger's Options
Acceptance of the compensation (by endorsing or cashing the cheque, draft or MCO within 30 days or using the gift card) relieves MF from any further liability to the passenger caused by its failure to honor the confirmed reservation. However, the passenger may decline the payment and seek to recover damages in a court of law or in some other manner.
22 AREA: ZZ TARIFF: IPRG CXR: MF RULE: 0090
REFUNDS
22.1 General
22.1.1 In case of refund, whether due to failure of the carrier to provide the accommodation called for by the ticket, or due to voluntary change of arrangements by the passenger, the conditions and amount of refund will be governed by this tariff.
22.1.2 Except as otherwise provided in paragraph (22.6 Lost Ticket) of this Rule, refund by the carrier for an unused ticket/flight coupon/Miscellaneous Charge Order (MCO) will be made to the person named as the passenger in such transportation document unless, at the time of purchase, the purchaser designates on the ticket/MCO another person to whom refund shall be made.
Exception 1: In accordance with paragraph (22.5 Voluntary Refunds) of this rule, refund of a ticket/MCO which has been issued against a credit card will be made only to the credit card account of the person to whom such credit card has been issued.
Exception 2: Refund of Prepaid Ticket Advice (PTA) or a ticket which has been issued against a PTA will be made only to the person who paid the carrier for the PTA. When the purchaser designates another person to receive a refund, the refund will be made to such person only upon delivery of the passenger coupon and all unused flight coupons of the ticket/MCO/PTA. A refund made in accordance with these procedures to a person who represents him/herself as the person named or designated on the ticket/MCO/PTA will be considered a valid refund and the carrier will not be liable to the true passenger for another refund.
22.1.3 The carrier will refuse to refund any ticket/MCO/PTA that has been presented to government officials of a country or to the carrier as evidence of intention to depart from a country, unless the passenger establishes to the carrier's satisfaction that he/she has permission to remain in that country or that he/she will depart on another carrier or conveyance.
22.1.4 Refund will be made provided that the unused coupons are surrendered to the carrier not later than thirty (30) days after the expiry date of the validity of the ticket.
22.2 Currency
All refunds will be subject to government laws, rules, regulations or orders of the country in which the ticket was originally purchased and of the country in which the refund is being made. Subject to the aforementioned provisions, refunds will be made in:
22.2.1 The currency in which the fare was paid;
22.2.2 The currency of the country where the refund is made;
22.2.3 The currency of the country in which the ticket was purchased; or
22.2.4 In CNY.
If the currency of refund is different than the currency of original payment, the refund will be calculated in the currency of original payment and converted into an equivalent amount in the currency of refund as outlined in Rule 75 (Currency of Payment).
22.3 Special Handling by the Carrier
The carrier will make all or any individual refunds through its general accounting offices or regional sales/accounting offices, and will require prior written applications for refunds to be prepared by the passenger on special forms furnished by the carrier (except for meeting conditions of Prompt Refund).
22.4 Involuntary Refunds
Involuntary refunds see also Rule 80 (Revised Routings, Failure to Carry and Missed Connections) and Rule 87 (Denied Boarding Compensation).
22.4.1 As used herein, the term "Involuntary Refund" shall mean any refund to a passenger who is prevented from using the carriage provided for in his/her ticket due to:
22.4.1.1 Cancellation of a flight;
22.4.1.2 Inability of the carrier to provide previously confirmed space;
22.4.1.3 Substitution of a different type of equipment or different class of service by the carrier;
22.4.1.4 Missed connections, postponement or delay of flight, or omission of a scheduled stop; or
22.4.1.5 Removal or refusal to carry under conditions outlined in Rule 25, paragraph 8.1 (Refusal to Transport - Limitation of Carriage).
22.4.2 Refunding fare for flights cancelled or significantly delayed or changed by carriers (applicable from/to/within points in the U.S.A. only).
22.4.2.1 Individual Passengers
A full refund of the airfare, including any taxes and ancillary services fees, is due to a consumer as described in paragraphs (A) through (C) of this section:
(A) A flight is cancelled and a consumer is not offered an alternative flight or any voucher, credit, or other form of compensation by the carrier pursuant to paragraph (c) of this section;
(B) A consumer rejects the significantly delayed or changed flight, rebooking on an alternative flight, or any voucher, credit, or other form of compensation offered by the carrier pursuant to paragraph (c) of this section; or
(C) A consumer does not respond to an offer of:
(i) A significantly delayed or changed flight or an alternative flight and the flight departs without the consumer; or
(ii) A voucher, credit, or other form of compensation by the date on which the cancelled flight was scheduled to depart or the date that the significantly delayed or changed flight departs.
22.4.2.2 Individuals with a Disability
When Carrier is the merchant of record it will provide a full refund to an individual with a disability upon notification by the individual with a disability that he/she does not want to continue travel because of the significant changes described in paragraphs (1) – (3) of this section. Carrier will also provide a full refund to any individuals in the same reservation as the individual with a disability who do not want to continue travel without the individual with a disability in situations described in (1) – (3).
(1) The individual with a disability is downgraded to a lower class of service that results in one or more accessibility features needed by the individual becoming unavailable.
(2) The individual with a disability is scheduled to travel through one or more connecting airports that are different from the original itinerary.
(3) The individual with a disability is scheduled to travel on a substitute aircraft on which one or more accessibility features available on the original aircraft needed by the individual are unavailable.
22.4.3 Involuntary refunds will be computed as follows:
22.4.3.1 When no portion of the ticket/MCO/PTA has been used, the amount of refund shall be equal to the fare paid. For from/to/within U.S. routes, nonrefundable tickets may be eligible for a full refund of the fare and taxes (including ancillary services fees and checked bag fee if available), or an offer for alternative transportation or travel credits, vouchers, or other compensation in lieu may apply.
22.4.3.2 When a portion of the trip has been made, the amount of refund will be either:
a) An amount equal to the one-way fare(s) and charges for the unused portion(s) calculated from the point of termination to the stopover/destination point or the point where travel resumed (less the same rate of discount, if any, that was applied in computing the original fare) via:
1) The routing specified on the ticket, if the point of termination was on such routing; or
2) The routing of any carrier operating between such points, if the point of termination was not on the routing specified on the ticket. In such case, the amount of refund will be based on the lowest fare applicable between such points.
b) The difference between the fare paid and the fare for the transportation used, whichever is higher.
Exception: When a passenger holds a ticket for a higher class of service and is required by the carrier to use a lower class of service on any portion of such carriage, the amount refunded will be as follows:
1) (applicable to One Way (OW) fares.) The difference between the fare for the higher class of service and the corresponding fare for the lower class of service between the points where the lower class of service is used.
2) (applicable to Round Trip (RT)/circle trip (CT)/open-jaw (OJ) fares) The difference between half of the RT/CT/OJ fare for the higher class of service and half of the corresponding RT/CT/OJ fare for the lower class of service between the points where the lower class of service is used.
22.4.3.3 Passengers affected by Serious Communicable Disease (applicable from/to/within points in the U.S.A. only)
Passengers who are advised not to travel or prohibited from travel by air due to Serious Communicable Disease, entitled to receive a full refund of the airfare when:
(a) The consumer is prohibited from travel to, from, or within the United States or is required to quarantine at the destination as shown on the consumer’s itinerary for more than 50% of the length of the trip (excluding travel dates) because of a U.S. (Federal, State, or local) or foreign government restriction or prohibition (e.g., stay at home order, entry restriction, border closure, or quarantine notice) in relation to a serious communicable disease.
The consumer must have purchased the airline ticket before a public health emergency was declared for the origination or destination of the consumer’s scheduled travel or, if there is no declaration of a public health emergency, before the government prohibition or restriction applicable to the origination or the destination of the consumer’s scheduled travel was imposed.
(b) There is a public health emergency applicable to the origination or destination of the consumer’s itinerary, the consumer purchased the airline ticket before the public health emergency was declared, the consumer is scheduled to travel during the public health emergency, and the consumer is advised by a licensed treating medical professional not to travel by air to protect himself or herself from a serious
communicable disease.
(c) Regardless of whether there is a public health emergency, the consumer is advised by a licensed treating medical professional not to travel by air because the consumer has or is likely to have contracted a serious communicable disease, and the consumer’s condition is such that traveling on a commercial flight would pose a direct threat to the health of others.
NOTES:
MF will require consumers requesting a credit or voucher for a non-refundable ticket when the flight is still scheduled to be operated without significant change to provide, as appropriate:
(1) The applicable government order or other document relating to a serious communicable disease demonstrating how the passenger is prohibited from travel or is required to quarantine at the destination for a substantial portion of the trip; or
(2) A written statement from a licensed treating medical professional, attesting that it is the medical professional’s opinion, based on current medical knowledge concerning a serious communicable disease such as guidance issued by CDC or WHO and the passenger’s health condition, that the passenger should not travel to protect the passenger from a serious communicable disease or the passenger would pose a direct threat to the health of others if the passenger traveled.
(3) To be valid, a medical certificate under paragraph 2 of this section must be dated after the declaration of the relevant public health emergency and no earlier than one year before the scheduled travel date and include information regarding the licensed treating medical professional’s license (the date of issuance, type of the license, and State or other jurisdiction in which the license was issued).
(4) The medical certificate must be dated close to the travel date, passengers should inform MF to cancel flight booking before flight departure time and submit necessary documentation or medical certificate within a week after the scheduled travel date.
22.4.3.4 Communication charges, as outlined in Rule60, paragraph (16.3) (Reservations), will not be assessed, and any such communication expenses paid by the passenger will be refunded.
22.5 Voluntary Refunds
22.5.1 As used herein, the term "Voluntary Refund" shall mean any refund to a passenger other than involuntary refunds as described in paragraph (22.4) above.
22.5.2 Voluntary refunds will be computed as follows:
22.5.2.1 When no portion of the ticket/MCO/PTA has been used, the amount of refund shall equal the fare paid less any applicable communication expenses (see Rule 60, paragraph (16.3) (Reservations)) and/or cancellation penalties (as outlined in the governing fare rule).
22.5.2.2 When a portion of the trip has been made, the amount of refund will be the difference between the fare paid and the fare for the transportation used less any applicable communication expenses (see Rule 60, paragraph (16.3) (Reservations)) and/or cancellation penalties (as outlined in the governing fare rule).
Exception: When the refunding of any portion of a ticket would result in the use of such ticket between any points where the carriage of traffic is prohibited, the refund, if any, will be determined as if such ticket had been used to a more distant point where the carrier does have operating rights or privileges. In such case, the refund will be the difference between the fare paid and the fare for the transportation to the more distant point, less any applicable communication expenses (see Rule 60, paragraph (16.3) (Reservations)) and/or cancellation penalties (as outlined in the governing fare rule).
22.5.3 A penalty for voluntary cancellation shall not apply and the total amount paid shall be refunded if such cancellation is made after an increase in the fare is made applicable between the time of the initial payment and the date of travel.
22.5.4 Port of Refund
(1) Original Ticketing Office (including Carrier’s and Ticket Agent’s)
(2) Carrier’s Office upon Departure
22.5.5 Prompt Ticket Refund (applicable from/to/within points in the U.S.A. only)
Carrier will issue refunds on eligible tickets as follows:
(1) Carrier and ticket agents process refunds for tickets purchased with credit cards within 7 business days of refunds becoming due; and.
(2) Carrier and ticket agents process refunds for tickets purchased with payments other than credit cards within 20 calendar days of refunds becoming due.
All refunds will be subject to government laws, rules, regulations, or orders of the country in which the ticket was originally purchased and of the country in which the refund is being made.
22.6 Lost Ticket
The following provisions will govern refund of a lost ticket/flight coupon/Miscellaneous Charge Order (MCO)/Prepaid Ticket Advice (PTA) or any other transportation document:
When a lost ticket/flight coupon/MCO/PTA is not found, a refund as outlined in this rule, will be made upon receipt of proof of loss satisfactory to the carrier and after receipt of written request for refund from the passenger (which must be received within 30 days of the expiration of the travel document). Refund will only be made provided that:
22.6.1 The lost ticket/flight coupon/MCO/PTA has not been honored for transportation, or refunded prior to the time the lost ticket report is processed; and
22.6.2 The passenger agrees to indemnify and hold carrier harmless against any and all loss, damage, claim or expense, including without limitation, reasonable attorney fees, which the carrier may suffer or incur by making such refund and/or honoring such ticket(s) for transportation.
23 AREA: ZZ TARIFF: IPRG CXR: MF RULE: 0115
BAGGAGE ACCEPTANCE (MF PIECE SYSTEM)
23.1 Acceptance of Baggage
23.1.1 General Conditions of Acceptance
Carrier will accept for transportation as baggage, such personal property as is necessary or appropriate for the wear, use, comfort, or convenience of the passenger for the purpose of the trip, is divided into checked baggage and un-checked baggage (self-care baggage and free hand-carry items).
Items unacceptable as baggage include:
23.1.1.1 Dangerous goods
a) Explosives;
b) Gas, including flammable gas, inflammable and nontoxic gas, and toxic gas;
c)Flammable liquid;
d) Flammable solid, spontaneous combustible substance; substance that would release flammable gas in contact with water;
e) Oxidizer and organic peroxide;
f) Toxic substance and infectious substance;
g) Radioactive substance;
h) Corrosive substance;
i) Miscellaneous dangerous goods such as magnetic substance.
23.1.1.2 Items the carriage of which is prohibited by the applicable laws, regulations or orders of any country to be flown from, to or over.
23.1.1.3 Articles those in the opinion of carrier are unsuitable for carriage by reason of their weight, shape, size or character.
23.1.1.4 Live animals, except as service dogs provided for in section II (23.2.2.2);
23.1.1.5 Firearms and ammunition other than for hunting and sporting purposes are prohibited from carriage baggage;
23.1.1.6 Items unacceptable as checked baggage;
a) Fragile items;
b) Perishable items;
c) Money or valuable securities;
d) Jewelry;
e) Precious metal and articles thereof；
f) Antiques and valuable paintings;
g) Computer and personal digital device;
h) Samples and valuables;
i) Lithium battery;
j) Important files and documents;
k) Travel documents, medical certificates, x-ray films;
l) Prescribed drug that needs to be taken regularly.
23.1.1.7 Limitation on carriage
The carriage of the following articles is limited. They may be accepted only in accordance with the carrier regulations as checked baggage. MF’s liability for loss or damage is subject to the provisions of the Convention.
23.1.1.8 Precision instrument and electric appliances shall be carried as cargo. They may be accepted only in accordance with the MF's regulations as checked baggage. Free baggage allowance does not apply to such items.
23.1.1.9 Sporting equipment, including firearms and ammunition for hunting and sporting purposes.
23.1.1.10 Dry ice, alcohol beverages, medicinal or toilet articles and personal smoking materials intended for use by an individual shall not exceed the set quota.
23.1.1.11 Diplomatic envelopes, confidential files.
23.1.1.12 Weapons such as swords, knives, antiques firearms, and similar items may be accepted as checked baggage, in accordance MF's regulations, but will not be permitted in the cabin.
23.1.1.13 Service dog which is specified in section II (23.2.2.2).
On flights to/from the U.S., guide dogs and psychiatric service dogs (service dogs) will be carried in the cabin without charge. Animal species other than dogs, emotional support animals, comfort animals, companionship animals, and service animals in training are not service animals. MF will not accept more than two service dogs for a single passenger with a disability. Passengers with service dogs will not be seated in emergency exit rows. They may not obstruct an aisle or other area that must remain unobstructed to facilitate an emergency evacuation. Service dogs may not occupy a seat. If the dog is too big to fit safely in the cabin, the animals will be denied boarding and, as a result, the passenger may be required to re-book his or her flight. The passenger affirms that to the best of his or her knowledge the service dog has not behaved aggressively or caused serious injury to another person or dog and does not pose a threat to the health and safety of others, and assumes full responsibility for the safety, well-being, and conduct of its animal, including the interaction of the animal with crew and other passengers or passenger property that may come in contact with the animal while on board the aircraft, and for compliance with all MF and governmental requirements, regulations, or restrictions, including entry permits and required health certificates of the country, state, or territory from and/or to which the animal is being transported. Any passenger or his or her service dog who, by failing to comply with this section, causes MF or its passengers any loss, damage or expense of any kind, consents and acknowledges that he or she shall reimburse MF for any such loss, damage or expense.
23.1.1.14 The wheelchair and/or other assistant devices for incapacitated or the aged passengers. (On flights to or from the United States, MF will designate a priority space in the cabin to stow at least one typical adult-sized folding, collapsible or break-down manual passenger wheelchair, other than the overhead compartment and under-seat spaces).
23.1.1.15 Liquid hand-carried by passenger.
23.1.1.16 Item not suitable to be carried in cargo cabin such as delicate musical instrument and not meeting the requirements of weight and size, shall be carried in passenger cabin as seat-taking baggage. Extra fees shall be charged for such items, and such items shall be taken care of by the passenger.
23.1.2 Right to Refuse Carriage
In the exercise of MF's discretion, MF may refuse to carry passenger or his baggage after informing the passenger. In this circumstances, the passenger will be entitled to a refund. MF may also refuse to carry passenger or his baggage for any of the following reasons:
23.1.2.1 Will refuse carriage as baggage of such items described in (23.1.1.1) and (23.1.1.2) as are prohibited from carriage as baggage and may refuse further carriage of any such articles on discovery thereof.
23.1.2.2 Unless advance arrangements for its carriage have been made with MF, MF may carry on later flight baggage that is in excess of the applicable free allowance.
23.1.2.3 MF may refuse to accept baggage as checked baggage unless it is properly packed in suitcases or other suitable containers to ensure safe carriage with ordinary care in handling.
23.1.2.4 Such action is necessary to prevent a violation of any applicable laws, regulations, or orders of any state to be flown from, to or over.
23.1.2.5 The carriage of passenger or his baggage may endanger or affect the safety, health, convenience, comfort of other passengers or crew members.
23.1.3 Checked Baggage
Checked baggage must meet the following requirements:
23.1.3.1 Passenger must check baggage with a valid ticket. MF should correctly enter the pieces and/or weight of checked baggage into departure system. Each passenger's baggage must be recorded on his own record. If passenger holds a paper ticket, baggage content should be written on the correspondent spot of ticket.
23.1.3.2 MF generally accepts baggage during check-in on the date of flight departure.
23.1.3.3 MF shall attach a baggage tag to each piece of passenger's checked baggage, and give a baggage identification tag to passenger. Self-care baggage after weighed together with checked baggage and entered into ticket respectively and attached a self-care baggage tag, is taken care of by passenger in the passenger cabin.
23.1.3.4 The weight and size of checked baggage shall not exceed MF's restrictions; those exceeding such restrictions shall be carried as cargo.
23.1.3.5 Passenger should attach name or other personal mark to the checked baggage before checking it in.
23.1.3.6 Checked baggage must be well packed, 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 should meet the following requirements:
a) Suitcase and handbags and so on must be locked;
b) It's not allowed to bound more than two pieces of baggage into one piece;
c) It's not allowed to attached other items to baggage.
d) Bamboo baskets, net bags, grass strings, grass bags and so on are not allowed to be used as packing materials.
e) Passenger's name, detailed address and telephone number should be written on baggage.
f) Checked baggage will, whenever possible, be carried on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on alternative flight. If passenger's checked baggage is carried on a subsequent flight MF will deliver it to passenger, unless applicable law requires passenger to be present for customs clearance.
23.2 Application - between China and U.S.A.
23.2.1 Section I - Free Baggage Allowance
23.2.1.1 Checked Baggage
a) For passengers entitled to travel in First Class, the checked baggage allowance shall be three checked bags (pieces), provided that the sum of the three dimensions shall not exceed 62 inches (158CMs) for each bag (piece) and provided that the maximum weight for each bag (piece) shall not exceed 70 LBs (32KGs).
b) For passengers entitled to travel in business class, the checked baggage allowance shall be two checked bags (pieces); provided that the sum of the three dimensions shall not exceed 62 inches (158CMs) for each bag (piece) and provided that the maximum weight for each bag (piece) shall not exceed 70 LBs (32KGs).
c) For passengers entitled to travel in economy class, the checked baggage allowance shall be one or two checked bags (pieces) due to fare difference; provided that the sum of the three dimensions shall not exceed 62 inches (158CMs) for each bag (piece) and provided that the maximum weight for each bag (piece) shall not exceed 50 LBs (23KGs).
(d)Not withstanding sub paragraphs (A) (B) and(C), for infants not entitled to a seat, one checked bag (piece), provided that the sum of the three dimensions not to exceed 45 inches(115CMs), and provided that the maximum weight of the bag (piece) shall not exceed 22lbs (10 KGs), plus one fully collapsible stroller/pushchair or infant's carrying basket, which may be carried in the passenger cabin, subject to the availability of space.
23.2.1.2 The following articles, irrespective of their actual dimensions, may be considered as a piece of baggage at 62 inches (158CMs):
a) One pair of snow skis with one pair of ski poles and one pair of ski boots or one snow board and boots. The sum of the three dimensions shall not exceed 62 inches (156CMs) and provided that the maximum weight for each (piece) shall not exceed 23KGs.
b) One golf bag containing golf clubs and one pair of golf shoes. The sum of the three dimensions shall not exceed 62 inches (156CMs) and provided that the maximum weight for each (piece) shall not exceed 23KGs.
c) One suitably packed bicycle (single seat touring or racing bicycle, non-motorized) provided that handlebars are fixed sideways and the pedals are removed. The sum of the three dimensions shall not exceed 62 inches(158CMs).
d) One pair of standard water skis or one slalom water ski. The sum of the three dimensions of the water ski shall not exceed 300CMs and free baggage allowance does not apply to such items.
e) Suitably packed fishing equipment consisting of not more than two rods, one reel, one landing net, one pair of fishing boots and one fishing tackle box. The sum of the three dimensions shall not exceed 62 inches (158CMs).
f) Sporting firearms consisting of not more than:
1)One rifle case containing not more than two rifles, 5 KGs (10LBs) of ammunition, one shooting mat, noise suppressors and small rifle tools, or
2)Two shotguns and two shotgun cases, or
3)One pistol case containing not more than five pistols, 5KGs (10LBs) of ammunition, noise suppressors, one pistol telescope and small pistol tools. Acceptability of such firearms shall be in accordance with the provisions of resolution 745a and the regulations contained in the IATA and ICAO dangerous good regulations, and subject to MF's conditions issued in 1992.
(g)One portable musical instrument not exceeding 39 inches (100CMs) in length and 40CMs in width. Free baggage allowance does not apply to such items.
23.2.2 Section II - Special Charges
23.2.2.1 Carry-on Baggage
In addition to the checked baggage allowance provided herein each passenger may carry, without additional charges hand baggage suitable for placing in closed overhead rack or under the passenger's seat provided that the sum of the three dimensions shall not exceed 45 inches (115CMs) and the maximum weight shall not exceed 10LBs (5KGs). For passengers entitled to travel in First Class, the carry-on baggage allowance shall be two pieces. For passengers entitled to travel in business or economy class, the carry-on baggage shall be one piece.
23.2.2.2 Carriage of Pets and Service Dogs
a) Pets mean such little animals as domestic dogs, cats, birds and other household pets. Pets will not be accepted for transportation on MF flights.
b) Service dog means a dog trained to lead the blind or assist the deaf. MF will accept the credible verbal assurances of the disabled passenger that the animal is a service dog, when it accompanies passenger with impaired vision or hearing dependent upon such dog. On flights to or from the U.S., service dog includes dogs, regardless of breed or type, individually trained to do work or perform tasks for the benefit of a Person with a Disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.
c) The carriage of service dogs shall be dealt in accordance with paragraph (23.2.2.2), service dogs and, if they meet the requirements of MF, may accompany in the passenger cabin the disabled passenger provided the service dog is eligible to travel. The disabled passenger shall provide MF with the identity and quarantine proofs for service dogs. Service dogs, together with its cage and food can be carried for free, without taking up the free baggage allowance.
d) Acceptance for carriage of animals (include service dogs) is subject to the conditions that the passenger assumes full responsibility for such animal unless due to MF's faults. MF shall not be liable for injury to or loss, delay, sickness or death of such animal or in the event that it is refused entry into or passage through any country, state or territory.
e) The passenger is fully liable for all damages or injuries which an animal might cause to other passengers or crew members or the aircraft.
f) MF will have no liability in respect of any such animal not having all the necessary exit, entry, health and other documents with respect to the animal's entry into or passage through any country, state or territory.
g) MF can refuse to accept the carriage of pet on non-stop long-haul flight or some specific type of aircraft due to the unsuitability. On flights to/from the U.S., MF will accept service dogs (including guide dogs and psychiatric service dogs) provided that:
1) On flights lasting more than eight hours, the passenger has provided documentation that the animal will not need to relieve itself on the flight or that the animal can relieve itself in a way that does not create a health or sanitation issue; and
2) With respect to a psychiatric service dog, the passenger provides current documentation no older than one year from the date of the flight on the letterhead of a licensed mental health professional stating the passenger has a recognized mental disability, needs the dog as an accommodation for travel and/or activity at the destination, the individual providing the assessment is a licensed mental health professional and states the date and type of the mental health professional's license and the jurisdiction where it was issued.
23.2.2.3 Excess, Overweight and Oversized Baggage Charges
a) On flights to/from the U.S., baggage in excess of the checked baggage allowance shall be charged according to the piece, the weight and the three dimensions as follows, the charge will be cumulative:
Fee for Routes between China (inluding Hongkong, Macao and Taiwan) and America | Fee for "Fuzhou-New York" route and interline flights including this route (starting from April 28, 2024) | ||
Additional Piece | The first piece | CNY1,200/USD170 | CNY1,580/USD220 |
The 2nd piece and each | CNY2,000/USD280 | CNY2,180/USD300 | |
Oversize | 159cm-203cm (incl.) | CNY1,000/USD140 | CNY1,000/USD140 |
Over Weight | 23KG to 32KG (incl,) | CNY1,000/USD140 | CNY1,000/USD140 |
32KG to 45KG (incl.) (must be confirmed prior to the scheduled flight） | CNY3,000/USD420 | CNY3,000/USD420 |
b) Any single bag (piece) exceed 70LBs(32KG) in weight shall not be accepted for carriage on flights other than those to/from the United States of America. On flights to/from the United States of America, any single bag (piece) exceed 100 LBs (45KG) in weight shall not be accepted for carriage, and any single bag (piece) exceed 70LBs (32 KG) and less than 100LBs(45KG) will need prior request upon reservation and MF's approval prior to the scheduled flight. This section shall not apply to those items listed in section I, paragraph (23.2.1.2), or to accompanied pets provided in section II paragraph (23.2.2.2).
c)When the checked bag is lost or significantly delayed and the passenger files a Mishandled Baggage Report (MBR) for the lost or delayed bag with MF when MF operated the flight or when MF operated the last segment of the passenger's multiple itineraries, an automatic refund of a bag fee will be made. When MF receives the MBR but MF is not responsible for providing a prompt refund for a baggage fee, MF will notify the carrier responsible for providing a prompt refund that the bag has been lost or significant delayed
1) Checked bag means a bag, special item (e.g., musical instrument or a pet), or sports equipment (e.g., golf clubs) that was provided to a covered carrier by or on behalf of a passenger for transportation in the cargo compartment of a scheduled passenger flight. A checked bag includes a gate-checked bag and a valet bag. Significantly delayed checked bag means a checked bag not delivered to or picked up by the consumer or another person authorized to act on behalf of the consumer within 30 hours of the last flight segment’s arrival for international itineraries with a non-stop flight segment between the United States and a foreign point that is more than 12 hours in duration. The length of delay is calculated from the time the passenger is given the opportunity to deplane from a flight at the passenger’s final destination airport (the beginning of the delay) to the time that MF has delivered the bag to a location agreed upon by the passenger and carrier (e.g., passenger’s home or hotel) or the time that the bag has been picked up by the passenger or another person acting on behalf of the passenger at the passenger’s final destination airport (the end of the delay).
2) Exemptions from the refund obligation to refund the fee for a significantly delayed bag in situations where the delay resulted from:
A passenger’s failure to pick up and recheck a bag at the first international entry point into the United States as required by U.S. Customs and Border Protection;
A passenger’s failure to pick up a checked bag that arrived on time at the passenger’s ticketed final destination due to the fault of the passenger if documented by MF (e.g., passenger ended the travel before reaching the final destination on the itinerary—‘‘hidden city’’ itinerary, or the passenger failed to pick up the bag before taking a flight on a separate itinerary); and
A passenger’s voluntary agreement to travel without the checked bag on the same flight (i.e., a passenger who lacks a reservation on that flight and is waiting at the gate for a seat to be available on the flight) to agree to a new baggage delivery date and location in situations where MF is unable to place the passenger’s checked bag on that flight because of the limited time available. MF will not require the passenger to waive the right to a refund of bag fees if the bag is lost, the right to compensation for damaged, lost, or pilfered bags, or the right to incidental expenses reimbursement arising from delayed bags beyond the agreed upon delivery date, consistent with the Department’s regulation in 14 CFR part 254 and applicable international treaties.
3) The amount of refunding fees for significantly delayed or lost bags will be a value equal to or greater than the fee that the consumer paid to transport his/her checked bag. If there is an escalated baggage fee scale for multiple bags checked by one passenger, the amount of baggage fee refund issued to the passenger can be determined based on the unique identifier assigned to the significantly delayed or lost bag that correlates to the baggage fee charged for that bag at the time of checking. If there is no such unique identifier assigned, MF will refund the highest per bag fee or fees charged for the multiple bags.
23.2.3 Section III - Special Charges
23.2.3.1 Unchecked baggage using additional seat(s) MF shall, at a charge and subject to advance arrangement, transport baggage of a valuable or fragile nature which the passenger wishes to carry in the cabin and which requires the blocking out or use of additional seat(s). The charge for each seat occupied by such baggage shall be the same of the normal economy fare for the applicable journey at the time of booking the additional seat(s). The maximum weight of any baggage under this arrangement shall not exceed 75KGs. per seat. The passenger's checked baggage allowance shall not be increased when using this facility.
23.2.3.2 Golfing equipment and skiing equipment
a) Not withstanding paragraph (23.2.2.3), MF establish a special excess baggage charge for golfing equipment and skiing equipment contained in not more than one bag, provided that the sum of the three dimensions shall not exceed 62 inches (158CMs) for each bag and provided that the maximum weight for each bag shall not exceed 50 LBs (23KGs).
b) The first such golfing equipment or skiing equipment will be carried for free, without taking up the free baggage allowance.
c) For additional golf bag or skiing bags in excess each bag will be seemed as one piece and the normal excess baggage charge as established in paragraph (23.2.2.3) shall apply.
24 AREA: ZZ TARIFF: IPRG CXR: MF RULE: 0117
INTERLINE BAGGAGE ACCEPTANCE
24.1 Applicability
This rule is applicable to all interline itineraries issued on a single ticket whose origin or ultimate ticketed destination is in the U.S.A. It establishes how MF will determine which carrier's baggage rules apply to any passenger's entire interline itinerary.
24.2 General
For the purposes of interline baggage acceptance:
24.2.1 The carrier whose designator code is identified on the first segment of the passenger's interline ticket will be known as the selecting carrier.
24.2.2 Any carrier who is identified as providing interline transportation to the passenger by virtue of the passenger's ticket will be known as a participating carrier.
24.3 Baggage rule determination by selecting carrier
24.3.1 Checked Baggage
The selecting carrier will:
24.3.1.1 Select and apply its own baggage rules as set out in its tariff to the entire interline itinerary; or
24.3.1.2 Select the most significant carrier, as determined by IATA resolution 302 and conditioned by the American transportation agency, in order for that carrier's baggage rules, as established in its tariff, to apply to the entire interline itinerary. The carrier identified by means of (24.3.1.1) or (24.3.1.2) will be known as the selected carrier.
24.3.2 Carry-on Baggage
Each operating carrier's carry-on baggage allowances will apply to each flight segment in an interline itinerary. Notwithstanding, the carry-on baggage charges that will apply to the entire interline itinerary will be those of the selected carrier.
24.4 Baggage rule application by participating carrier where MF is not the selected carrier on an interline itinerary but is a participating carrier that is providing transportation to the passenger based on the ticket issued, MF will apply as its own the baggage rules of the selected carrier throughout the interline itinerary.
24.5 Disclosure of baggage rules summary page at the end of an online purchase and E-ticket disclosure.
24.5.1 For baggage rules provisions related to a passenger's 1st and 2nd checked bag and the passenger's carry-on baggage (i.e. the passenger's "standard" baggage allowance), when the carrier sells and issues a ticket for an interline itinerary, it will disclose to the passenger on any summary page at the end of an online purchase and on the passenger's itinerary/receipt and e-ticket at the time of ticketing the baggage information relevant to the passenger itinerary asset out in paragraph 2 below. The disclosed information will reflect the baggage rules of the selected carrier.
24.5.2 The carrier will disclose the following information:
24.5.2.1 Name of the carrier whose baggage rules apply;
24.5.2.2 Passenger's free baggage allowance and/or applicable fees;
24.5.2.3 Size and weight limits of the bags, if applicable;
24.5.2.4 Terms or conditions that would alter or impact a passenger's standard baggage allowances and charges (e.g. frequent flyer status, early check-in, pre-purchasing baggage allowances with a particular credit card);
24.5.2.5 Existence of any embargoes that may be applicable to the passenger's itinerary; and,
24.5.2.6 Application of baggage allowances and charges (i.e. whether they are applied once per direction or if they are applicable at each stopover point).
24.5.3 The carrier will provide this information in text format on the passenger's E-ticket confirmation. Any fee information provided for carry-on bags and the first and second checked bag will be expressed as specific charges (i.e., not a range). Web site disclosure the carrier will disclose on its web site, in a convenient and prominent location, a complete and comprehensive summary of all the carrier's own baggage rules, including information concerning:
24.5.3.1 The maximum weight and dimensions of passenger bags, if applicable, both checked and unchecked;
24.5.3.2 The number of checked and unchecked passenger bags that can be transported and the applicable charges;
24.5.3.3 Excess and oversized baggage charges;
24.5.3.4 Charges related to check in, collection and delivery of checked baggage;
24.5.3.5 Acceptance and charges related to special items, e.g. surf boards, pets, bicycles, etc.;
24.5.3.6 Baggage provisions related to prohibited or unacceptable items, including embargoes;
24.5.3.7 Terms or conditions that would alter or impact the baggage allowances and charges applicable to passengers (e.g. frequent flyer status, early check in, pre-purchasing baggage allowances with a particular credit card); and,
24.5.3.8 Other rules governing treatment of baggage at stopover points, including passengers subject to special baggage allowances or charges etc.
25 AREA: ZZ TARIFF: IPRG CXR: MF RULE: 0130
Fares
25.1 General
Fares/rules apply for carriage from the airport at the point of origin to the airport at the point of destination and do not include ground transfer service between airport or between airports and city centers except where Rule 35 specifically provides that such ground transfer service will be furnished without additional charge.
25.2 Acronyms, Sequence of Checks, International Sales Indicators (ISI).
List of common acronyms used for fare constructions.
25.2.1 List of common acronyms used for fare construction:
BHC-One Way Back Haul Check
COM-Country of unit Origin Minimum
COP-Country of Payment Check
CPM-Common Point Minimum
CTM-Circle Trip Minimum
DMC-Directional Minimum Check
EMA-Ticketed Point Mileage Deduction (previously Extra Mileage Allowance)
EMS-Extra Mileage Surcharge
HIP-Higher Intermediate Fare Check
MPM-Maximum Permitted Mileage
OSC-One Way sub-journey Check
RSC-Return sub-journey Check
RWM-Round the World Minimum
TPM-Ticketed Point Mileage
25.2.2 Sequence of Checks
25.2.2.1 All fare constructions shall be accomplished in NUCs.
25.2.2.2 In applying fare construction checks, the following sequence shall apply to such checks.
Name Acronym Applicable Fares
Mileage Checks TPM/MPM/EMS/EMA all
Higher Intermediate Point HIP all
One Way Backhaul Check BHC OW
One Way sub-journey Check OSC normal, OW
Country of Unit Origin Minimum COM OW
Directional Minimum DMC OW, normal OJ
Circle Trip/Round the World Minimum CTW/RWM CT/RTW
Common Point Minimum CPM normal OJ
Return sub-journey Check RSC normal CT, OJ, RT
Local Currency Fare Check COP normal CT, RT
25.3 Application
25.3.1 Fares specified in this tariff between any two points are subject to:
25.3.1.1 The maximum permitted mileage, referred to herein as mileage fares, provided that when a journey exceeds the MPM, the fare must be surcharged in accordance with the procedures for excess mileage surcharges, or;
25.3.1.2 A specified diagrammatic or linear routing, referred to herein as routing fares.
25.3.2 Applicable Fares
Fares to be assessed for the total journey shall be the applicable fares effective on the date of departure on the first international sector, provided Canada and the U.S.A are considered as one country.
25.3.3 Arbitrary Construction
Fares published by use of a published arbitrary and a published international gateway fare. These fares are referred to as constructed fares. When construction with arbitraries is used, travel need not be via the point of combination.
25.3.4 Non-adherence to precedence of through published fares
Except for the provisions in paragraphs (25.3.8 below) and (25.5.6) the combination of two or more fares may be applied between any two points even if the amount results in less than the through published fare in this tariff. All rules of such fares combined must be observed.
25.3.5 Lowest Combination Principle (LCP)
When no through fare is published between any two ticketed points, a fare must be constructed for the purpose of applying fare construction checks. The applicable fare must be constructed using sector fares over an intermediate ticketed point for the class of service used.
25.3.5.1 The fare must be constructed in the direction of travel except that for any fare component into the country of pricing unit origin, the fare applicable from the country of pricing unit origin shall be used.
25.3.5.2 When the same fare construction point is used both for the outbound and inbound fare, the provisions of end-on combinations apply.
25.3.5.3 When used for fare checks, the constructed fare must be shown on the ticket as "c"/. When used for other purposes, the fares must be shown separately on the ticket.
25.3.6 Direction of Fares
25.3.6.1 Fares shall be assessed in the direction of travel, except that the fare component into the country of pricing unit origin shall be assessed in the direction from such country, i.e. not in the direction of travel.
note: Canada and the U.S.A. shall be considered the same country. Denmark, Norway and Sweden shall be considered the same country.
Example: travel: FRA-MAD-JNB-MAD-FRA construction could be:
FRA-JNB RT 1 pricing unit
or
FRA-MAD RT 1 pricing unit
MAD-JNB RT 1 pricing unit
Total of 2 pricing units component JNB-MAD must be in the direction from MAD to JNB.
Exception: Except for RT pricing units, fare components between Canada and the U.S.A. and between Denmark, Norway and Sweden shall be assessed in the direction of travel.
Exception 2: (applicable to open jaw special fares only) For travel originating and terminating in Europe (where an open jaw applies between countries in Europe) for the last fare component into the country of unit destination the fare applicable from the country of unit destination shall be used.
25.3.6.2 Fares shall be assessed in the direction of travel, except that when a pricing unit for a One Way sub-journey terminates in a country from which a previous pricing unit has been assessed, the pricing unit for the One Way sub-journey into such country shall be assessed from such country, i.e. Not in the direction of travel.
Example: travel ATL-LON-STO-LIS-GLA construction:
ATL-LON OW 1 pricing unit
LON-STO OW 1 pricing unit
STO-LIS OW 1 pricing unit
GLA-LIS OW 1 pricing unit
Total of 4 pricing units. Fare component LIS-GLA must be in the direction of GLA-LIS because the termination point (GLA) is in the same country from which a previous pricing unit (LON-STO) was assessed.
25.3.7 End of Combinations
When two or more fares are combined end-on, the provisions of Round Trip, Circle Trip, One Way or Open Jaw journeys, as applicable, shall apply separately to each.
25.3.8 Combination of Fares - U.S.A.
25.3.8.1 Combination of U.S. domestic normal/special fares with international fares to construct a through fare which is less than the published fare from the point of origin to the point of destination is permitted; provided the passenger complies with all conditions of the fares.
Exception 1: The minimum tour price, if any, required by the U.S. domestic fare will not be applicable when the minimum tour price of the international fare is higher.
Exception 2: the advance purchase, if any, required by the U.S. Domestic fare will not be applicable when combining with an international fare which has a greater advance purchase for transportation to/from points outside the U.S.A./ Canada/ Mexico/ Bermuda/ Bahamas/ west Indies.
Exception 3: The requirement of ticketing within a specified time after reservations are made, if any, required by the U.S. domestic fare will not be applicable when combining with international fares for transportation to/from points outside the U.S.A./ Canada/ Mexico/ Bermuda/ Bahamas/ west Indies.
25.3.8.2 The maximum permitted mileage shall apply from the gateway used for fare construction/combination.
25.3.8.3 Travel must be via the fare combination point(s).
25.3.9 When fares are expressed as a percentage of another fare and different percentages apply on a journey, the following rule applies.
25.3.9.1 Apply the percentage to the base fare to establish the fare level as an amount
25.3.9.2 Use such fare for the applicable of all fare construction rules
Example: Journey A-B-C-D-A Children's Fares
A-B 75 percent of Adult Fare
A-C 50 percent of Adult Fare
B-C 67 percent of Adult Fare
A-D 50 percent of Adult Fare
a) Calculate amounts resulting from application of above percentages.
b) Apply HIP/CTM etc. Rules using the resultant levels.
25.3.10 Fare construction must be via the itinerary of the passenger. The addition of points not on the passenger's itinerary is not permitted.
Exception: constructions using add-on amounts.
25.3.11 All published fares governed by this tariff and add fares constructed in accordance with the tariff are applicable only when compliance with the provisions governing travel via a higher created intermediate point (paragraph 25.6.3).
mileage routings (see maximum permitted mileage Tariff no. MPM-1, C.A.B. No. 424 NTA(a) No. 239) may be applied to any published or constructed fares; However, if a diagram on linear routing is specified in connection with a fare, such routing must be observed to that portion of the transportation covered by that fare.
25.4 Defining Journey or Pricing Unit Concept
25.4.1 The fare for a journey (excluding side trips assessed separately) shall be the lowest of:
a) A single pricing unit for the journey, or
b) Any series of end-on combined pricing units, which collectively comprise the journey being traveled.
25.4.2 To determine the fares for 25.4.1 above using normal fares refer to the flow chart below:
General Notes:
1. If for pricing purposes the journey is changed (e.g. closing surface gap or adding a sector that creates a surface gap) then the new journey will determine which path of the flow chart should be taken.
2. For end-on combination of normal and special fares, completely separate the special and normal fare and assess the normal fare sub-journey according to the flow chart.
3. The flow chart does not apply for local combination of normal and special fares - refer to the special fares rule.
25.4.3
25.4.3.1 If the journey fulfills the definition of a Round Trip or Circle Trip or normal/special fare Open Jaw trip, the pricing unit must be assessed as a Round Trip, or Circle Trip or normal/special fare Open Jaw trip as applicable and must use half Round Trip fares. The use of One Way fares is not permitted. For end-on combination of normal and special fares, completely separate the special and normal fare and assess the normal fare sub-journey according to the flow chart.
Example: travel: LON-MIL-STO-LON
construction:
LON-MIL 1/2 RT
MIL-STO 1/2 RT 1 pricing unit
LON-STO 1/2 RT
-OW fares are not permitted as travel is continuous, circuitous and returns to the same point
-CTM check LON-MIL RT and LON-STO RT
-last fare component from country of origin
25.4.3.2 If there is a common point/country on the routing, the journey may be broken into more than one pricing unit provided these must be for return sub-journeys using half round trip fares.
Example: travel: HEL-BKK-TYO-SEL-TYO-BKK-HEL
construction could be:
HEL-BKK RT 1 pricing unit
BKK-TYO RT 1 pricing unit
TYO-SEL RT 1 pricing unit
or
HEL-TYO RT 1 pricing unit
TYO-SEL RT 1 pricing unit
or
HEL-BKK RT 1 pricing unit
BKK-SEL RT 1 pricing unit
25.4.3.3 A return sub-journey only occurs if the fare is broken more than once at the common point/country. The fare for travel between such fare break points must be priced as a round trip; circle trip or normal/special fare open jaw, as applicable, and must use half round trip fares.
Example: travel: NYC-LON-JNB-MAN-NYC
construction could be:
NYC-LON 1/2 RT
NYC-MAN 1/2 RT 1 pricing unit
LON-JNB 1/2 RT
MAN-JNB 1/2 RT 1 pricing unit
- both sub-journeys fall within the definition of OJ
- (note that above journey could also be constructed as NYC-JNB RT)
25.4.3.4 If travel between such fare break points would require the use of One Way fares, this is not permitted.
Example: travel: NYC-LON-RIO-JNB-MAN-NYC
construction could not be:
NYC-LON 1/2 RT
NYC-MAN 1/2 RT
LON-RIO OW
RIO-JNB OW – not possible
MAN-JNB OW
- travel LON-RIO-JNB-MAN is not within the definition of an OJ
- use of OW fares is not permitted.
- total journey falls within definition of CT and may only be constructed as a single pricing unit.
25.4.4 If the routing of the journey fulfills the definition of a normal/special fare Open Jaw trip, the pricing unit shall be assessed as two half Round Trip fares, provided that, if there is a common point(s) or other points in either the country of origin or the country of turn around or both, the fare may alternatively be assessed as a return sub-journey from/to the common point(s) or other points and a One Way sub-journey(s) for the domestic sector(s). If this type of pricing option is used then One Way pricing units must be assessed using One Way fares and the return sub-journey must be assessed using half Round Trip fares.
Example: travel: KHH-TPE-SIN-TPE
construction could be:
KHH-SIN 1/2 RT
TPE-SIN 1/2 RT 1 pricing unit
or
KHH-TPE OW 1 pricing unit
TPE-SIN RT 1 pricing unit
whichever is the lower.
Example 2: travel KHH-TPE-JKT-DPS surface JKT-TPE
construction could be:
KHH-DPS 1/2 RT
TPE-JKT 1/2 RT 1 pricing unit
or
KHH-TPE OW 1 pricing unit
TPE-JKT RT 1 pricing unit
JKT-DPS OW 1 pricing unit
or
KHH-TPE OW 1 pricing unit
TPE-DPS 1/2 RT
TPE-JKT 1/2 RT 1 pricing unit
or
KHH-TPE 1/2 RT
TPE-JKT 1/2 RT 1 pricing unit
JKT-DPS OW 1 pricing unit
whichever is the lower
Example 3: Travel: GLA-MAN-ROM-LON
construction could be:
GLA-ROM 1/2 RT
LON-ROM 1/2 RT 1 pricing unit
or
GLA-MAN OW1 pricing unit
MAN-ROM 1/2 RT
LON-ROM 1/2 RT 1 pricing unit
25.4.5
25.4.5.1 If the routing of a journey does not fulfill the definition of round trip, Circle Trip or normal/special fare Open Jaw trip, it shall be assessed as follows, subject to the routing
i) as a One Way journey
ii) as a series of One Way sub-journeys
iii) as a Round Trip or Circle Trip journey with the surface sector assumed flown
iv) if there is a common point/country - as a mix of a One Way sub-journey and a return sub-journey (as shown in paragraph 25.4.3.3 above).
Example 1: travel PAR-ATH
Construction: PAR-ATH OW 1 pricing unit
Does not qualify for RT, CT, or normal fares OJ
Example 2: travel PAR-BKK-VIE-ROM
construction could be:
PAR-BKK OW 1 pricing unit
BKK-VIE OW 1 pricing unit
VIE-ROM OW 1 pricing unit
or
PAR-BKK OW 1 pricing unit
BKK-ROM OW 1 pricing unit
No return to country of origin, fares in direction of travel
Example 3: travel STO-NBO surface SEZ-NBO-STO
construction could be:
STO-NBO OW 1 pricing unit
STO-SEZ OW 1 pricing unit
or
STO-NBO RT 1 pricing unit
SEZ-NBO OW 1 pricing unit
or
STO-SEZ RT 1 pricing unit
25.4.5.2 The One Way journey/sub-journey(s) above must be assessed using One Way fares. The use of half Round Trip fares is not permitted. The Round Trip journey/sub-journey(s) above must be assessed using half Round Trip fares.
25.5 Limitations on indirect travel/inclusion of surface sectors on a through mileage calculator
25.5.1 Limitation on Indirect Travel
25.5.1.1 General limitations: a fare component must not include more than:
a) one departure from fare component origin or
b) one arrival at fare component destination or
c) more than one stopover at any one intermediate ticketed point
25.5.1.2 Additional Limitations
a) For a journey originating in Europe (not applicable for travel wholly within Europe) a fare component must not include more than one international departure and one international arrival at any ticketed point in the country where travel originates; provided that when the country of origin is transited, to/from another point in Europe; stopovers will not be permitted in such country.
Example 1: AMS-TYO-AMS-LON-RTM with a stopover in AMS between TYO and LON at a through TYO-LON fare is not permitted (country of origin is transited to another point in Europe)
Example 2: LON-NYC-LON-TYO with a stopover in LON between NYC and TYO at a through NYC-TYO fare is permitted (country of origin is not transited to/from another point in Europe)
b) The restriction in (a) above shall also apply for the country of payment in Europe if not identical to the European country where travel originates.
Example 1: ZRH-MIL-TYO sold in MILl with a stopover in MIL at a through fare ZRH-TYO is not permitted. (country of sale is transited from another point in Europe)
Example 2: LON-NYC-X/LON-AMS-TYO sold in FRA with a stopover is AMS at a through fare NYC-TYO is permitted. (country of origin is transited to another point in Europe but no stopover is made)
c) A fare component within Area 1 or between Area 1 and Area 3 (via the Pacific) must not include more than one arrival and one departure at any ticketed point.
d) For a journey originating in Area 1, no fare component within Area 1 may include more than one international departure and one international arrival at any ticketed point in the country where travel originates.
Example 1: POA-BUE-SAO-NYC
-through fare not permitted because of two international departures from Brazil. Additionally, this restriction applies for the country of payment if not identical to the country where travel originates.
Example 2: NYC-SAO-BUE-POA sold in Brazil
- through fare not permitted because of two international arrivals in Brazil which is the country of sale.
e) Applicable for travel commencing in Brazil (except for journeys wholly within south America) irrespective of where the fare is paid, the first international fare component must not include more than one Brazilian domestic flight coupon. Where more than one Brazilian domestic flight coupon is issued, the first international fare component must be assessed from the point immediately prior to the point of commencement of the international sector.
Example 1: BSB-RIO-NYC at a through fare BSB-NYC is permitted.
Example 2: POA-RIO-SSA-LIS at a through fare POA-LIS is not permitted. The international fare component must be assessed from RIO and POA-RIO charged separately.
Example 3: FLN-x/CWB-/CWB-IGU-xSAO-LON at a through fare FLN-LON is not permitted. This first international fare component must be assessed from IGU and FLN-CWB-IGU charged separately.
f) For a pricing unit originating in Germany, a fare component from/to a point in Germany must not include more than two domestic sectors in Germany.
g) Journey Application
A journey on a ticket or conjunction ticket, at the time of original issue or when reissued, must not include more than four international arrivals and four international departures in any one country; except in Europe, not more than three international arrivals and three international departures in one country in Europe; provided for the counting of arrivals and departures surface sectors are considered to be flown.
1.1.31 Inclusion of a surface sector on a through mileage calculation
Surface of a transportation between two intermediate ticketed points must be included in the ticketed point mileage computation. In the absence of a single ticketed point mileage, the lowest combination of ticketed point sector mileage will apply.
Exception: when travel between the following ticketed points are by surface transportation, and neither point is the point of origin or destination of the fare sector, the mileage between such points will be disregarded.
Between And
Alicante, Spain Murcia, Spain
Alicante, Spain Valencia, Spain
Almeria, Spain Malaga, Spain
Amman, Jordan Jerusalem
Amrisar, India Lahore, Pakistan
Amsterdam, Netherlands Rotterdam, Netherlands
Antwerp, Belgium Brussels, Belgium
Arica, Chile Tacna, Peru
Barcelona, Spain Gerona, Spain
Barcelona, Spain Reus, Spain
Basle, Switzerland Mulhouse, France
Berlin, Germany Dresden, Germany
Berlin, Germany Leipzig, Germany
Berne, Switzerland Geneva, Switzerland
Berne, Switzerland Zurich, Switzerland
Bilboa, Spain San Sebastian, Spain
Bilboa, Spain Santander, Spain
Bilboa, Spain Vitoria, Spain
Bologna, Italy Florence/Pisa, Italy
Brazzaville, Congo Rep. Kinshasa, Zaire
Bremen, Germany Hamburg, Germany
Bremen, Germany Munster, Germany
Brownsville, U.S.A. Matamores, Mexico
Catania, Italy Palermo, Italy
Ciudad Juarez, Mexico El Paso, U.S.A.
Cologne, Germany Dusseldorf, Germany
Cologne, Germany Munster, Germany
Curitaba, Brazil Joinville, Brazil
Cuzco, Peru La Paz, Bolivia
Detroit, U.S.A. Windsor, Canada
Dresden, Germany Leipzig, Germany
Dubai, United Arab Emirates Sharjah, United Arab Emirates
Dusseldorf, Germany Munster, Germany
Grenada, Spain Malaga, Spain
Guatamala, Guatamala Tapachula, Mexico
Guayaramerin, Bolivia Porto Velho, Brazil
Hamburg, Germany Hanover, Germany
Hamburg, Germany Munster, Germany
Hilo, Hawaii, U.S.A. Kona, Hawaii, U.S.A.
Hong Kong Sar, Hong Kong Macau, Macau
Iguassu Falls, Argentina Iguassu Falls, Brazil
Jarez De La Frontara, Spain Saville, Spain
Kabul, Afghanistan Peshawar, Pakistan
La Coruna, Spain Santiago De Compostela, Spain
Laredo, Texas, U.S.A. Nuevo Laredo, Mexico
Larnaca, Cyprus Paphos, Cyprus
Leticia, Columbia Tabatinga, Brazil
Livingstone, Zimbabwe Victoria Fall, Zimbabwe
Livramento, Brazil Rivera, Uruguay
Ljubijana, Yugoslavia Zagrab, Yugoslavia
Mcallen, Texas, U.S.A Reynosa, Mexico
Milan, Italy Turin, Italy
Munich, Germany Nuremberg, Germany
Nagaya, Japan Osaka, Japan
Paso De Los Libres, Argentina Uruguaiana, Brazil
Podgrorica, Yugoslavia Tivat, Yugoslavia
Puerto Montt, Chile San Carlos De Bariloche, Argentina
San Diego, U.S.A. Tijuana, Mexico
Santiago De Composatala, Spain Vigo, Spain
Split, Yugoslavia Zadar, Yugoslavia
Stockholm, Sweden Vasteras, Sweden
Swakopmund, Namibia Walvis Bay, Namibia.
25.6 Construction Rules for Fare Components
25.6.1 Mixed Class Travel (travel via different class of service)
(applicable to normal fares only).
25.6.1.1 Mixed class travel is when travel involves two or more classes of service:
a) On a sector(s) within a fare component
or,
b) In an entire fare component of a journey/sub-journey with more than one fare component
25.6.1.2 The fare for entire fare component traveled in a higher class of service shall be the applicable fare for the class used.
25.6.1.3 All fares used in differential calculations will be based on qualifying fares.
25.6.1.4 The fare for mixed class travel within a fare component is assessed as the sum of the through fare in the lowest class of service used to assess the fare and, for each sector traveled in a higher class of service; the difference between the lowest applicable fare for the lowest class used for the sector concerned and the lowest applicable fare for the higher class used for the same sector. This process will be referred to as 'differential'.
25.6.1.5 If consecutive sectors within the fare component are flown in the higher class of service, the differential may be assessed as the difference between the applicable through fare for the lowest class of service used and the applicable through fare for the higher class of service for the sectors concerne
25.6.1.6 HPS must be checked when calculating differentials, however the BHC does not apply.
Note: minimum checks are not applicable when calculating a differential.
25.6.1.7 The differential is assessed in the same direction as the fare used for the lowest class of service.
25.6.1.8 When half round trip fares are used, the differential is assessed using half round trip fares. When One Way fares are used, the differential is assessed using One Way fares.
25.6.1.9 Special fares may not be used in mixed class differential calculations.
25.6.1.10 The above rules may not be used to circumvent any stopover or transfer restrictions applicable to the through fare for the lowest class of service used.
25.6.1.11 The total fare for a fare component assessed with a class differential need not be higher than:
a) The through fare for the highest class of travel, or
b) The sum of fares for sectors flown in different classes of service
25.6.1.12 Fare component checks (DMC, COM) will be applied:
a) In the lowest class used of a mixed class component where a differential has been applied.
b) In the applicable class used for an entire component flown in a higher class.
25.6.1.13 Journey sub-journey checks which apply to more than one fare component (CTM, COP, CPM, OSC, RSC) will be applied in the lowest class of service used and the class differential(s) amount(s) added to the resultant fare for the lowest class of service used.
25.6.1.14 Where two applicable same class fares exist in a market, the applicable fare used for the through fare component and any intermediate fares used for HIP check purposes to the breakpoint, is also the same fare used in calculating the differential, i.e. Y and Y2 fares exist in a market. If the lower level Y2 fare is used as the HIP check fare, it must also be used when calculating the differential.
25.6.1.15 Class differentials may not be assessed over a fare beak point.
25.6.1.16 (applicable between Area 1 and Area 2) When the transatlantic sector is flown in intermediate class and other sectors are in the same class or a lower class, the applicable through intermediate class fare shall be applied. A differential between economy and intermediate class is not permitted.
25.6.1.17 (applicable between Area 1 and Area 3 via the Atlantic) When the Area 2-3 and transatlantic sectors are flown in intermediate class, the applicable through intermediate class fare shall be applied.
25.6.1.18 (applicable for travel between Area 1 and Europe only) When transatlantic travel is flown in Economy Class and the intra-European sector is flown in intermediate class, the through applicable intermediate class fare applies, unless charging sector fares for the mixed class point(s) results in a lower fare. A differential between economy and intermediate class is not permitted.
25.6.1.19 (applicable via the Atlantic-Pacific oceans for travel between Europe and south west Pacific) When the sector between Europe and Area 1 and the sector between Area 1 and the south west Pacific are flown in intermediate class, the applicable through intermediate class fare applies. A differential between economy and intermediate class is not permitted.
25.6.1.20 (applicable to Atlantic-Pacific travel between Europe and Japan/Korea) When the sector between Europe and Area 1 is in Economy Class and the sector between Area 1 and Japan/Korea is in intermediate class, the applicable through intermediate class fare applies. A differential between economy and intermediate class is not permitted.
25.6.1.21 (applicable to Atlantic-Pacific travel between Europe and south east Asia) When the sector between the last point of departure in Europe and the first point in arrival in Area 3 are flown in intermediate class, the applicable intermediate class fare applies. A differential between economy and intermediate class is not permitted.
25.6.2 Surface Sectors
25.6.2.1 Apply the through fare or the sum of fares over the sectors actually flown, whichever is lower.
25.6.2.2 In the case of normal fare travel, where the mileage for an international surface break is greater than the ticketed point mileage over the routing traveled from origin of the journey up to the point of commencement of the surface break when normal fares are on both sides of the surface break and journey up to the surface break must be ticketed separately.
Example:
travel: NYC-LON surface BKK-PAR-LON-NYC
TPMs 3458 5919 5860 220 3458
construction could be:
NYC-LON RT 1 pricing unit
BKK-PAR OW 1 pricing unit
PAR-LON OW 1 pricing unit
notwithstanding separate PUs, the TPM is undertaken from NYC
25.6.2.3 The surface break is measured using TPMs. If no TPM exists for the points concerned, the shortest operated mileage shall be used (i.e. MPM divided by 1.20); provided that in the event there is no shortest operated mileage, the ticketed point mileage shall be established by a combination of TPMs.
25.6.2.4 Surface breaks in section e.7. and between Canada and the U.S.A may be ignored.
25.6.3 Higher Intermediate Point
25.6.3.1 Normal Fares
a) If in any routing otherwise permissible at the direct route normal fare, there is a direct route normal fare(s) of the same class of service between any two ticketed points which is higher than the direct route normal fare between the fare construction points, the fare shall not be less than the highest fare referred to above (higher intermediate fare). In the case of fares which are established by seasonality (including blackout dates), or day of week or flight application, the check will be based on the applicable fare (by seasonality including blackouts, or by dates, or by day of week or by flight application).
b) If in any indirect routing otherwise permissible at the direct route normal fare plus a percentage, there is a direct route normal fare(s) of the same class of service between the fare construction points, the fare for the indirect route shall not be less than the highest fare referred to above (higher intermediate fare), and the surcharge percentage applicable to the through fare shall be applied to such higher intermediate fare.
c) When there is no direct route fare between two ticketed points, a fare must be constructed over an intermediate ticketed point in order to apply the provisions of (a) and (b) above. Note: The constructed fare is considered a 'direct route fare' and must be shown on the ticket as 'c/'.
d) When comparing normal fares of the 'same class of service' in order to determine if there is a higher fare, the following sequence shall be followed:
1) Sleeper seat fare is compared with sleeper seat; if no sleeper seat fare, compare with First Class fare
2) First Class fare is compared with First Class; if no First Class fare, compare with intermediate class fare (or next lower class fare).
3) Intermediate class fare is compared with intermediate class fare; if no intermediate class fare, compare with Economy Class fare; provided that where more than one Economy Class fare is published, compare with the highest Economy Class fare.
4) Economy Class fare is compared with Economy Class fare
column 1 column 2 column 3
late booking fare or GIT fare or group fare or
apex fare or individual it or excursion fare
apex fare or excursion fare
excursion fare
5) If there is more than one special fare of the same type on the sector for which the higher normal fare applies, the fare with conditions most similar to those of the special fares for the component shall be used for the comparison.
6) All conditions attached to the special fare for the component apply.
25.6.4 One Way back-haul minimum
25.6.4.1 This paragraph does not apply:
a) For journeys wholly within Area 1
b) For journeys wholly between Argentina, Brazil, Chile, Paraguay, Uruguay and Area 2
c) For pricing units wholly within Europe
25.6.4.2 This paragraph applies only when using normal or special One Way fares.
25.6.4.3 If in any fare component travel is via a higher rated intermediate stopover point, the fare for such fare component shall be the higher of:
a) The applicable fare between the fare construction points, or
b) The fare from fare component origin to the highest rated intermediate stopover
point plus the difference between such fare and the direct route fare between the fare construction points.
Example: A-B-C-D
fares:
A to B NUC 50
A to C 150
A to D 140
B to C 175
B to D 160
fare to be charged is:
B to C NUC 175
or
A to C NUC 150
plus the difference between
A to C and A to D 10
total NUC 160
whichever is higher.
25.6.4.3 The One Way backhaul check need not be applied for points which have been excluded as stated in section 3 (hips) above.
25.6.5 Directional minimum fare check (DMC) the following additional rules will apply.
25.6.5.1 Normal Fares
a) One Way fares: the fare to be charged shall not be less than the direct route One Way fare for the highest rated pair of points applicable in either direction for the class of service used between any ticketed points within the fare component.
b) Normal open jaw fares: the fare to be charged shall not be less than the direct route half round trip fare for the highest rated pair of points applicable in either direction for the class of service used between any ticketed points within each fare component.
c) Where more than one normal fare is published for the carrier and the class of service used, the lower/lowest level may be used.
25.6.5.2 Special One Way Fares
a) Only one fare component: the fare to be charged shall not be less than the highest One Way direct route fare of the same type in either direction between any ticketed points within the fare component. In the absence of a fare of the same type, the next higher One Way fare shall be used.
b) More than one fare component: the rule in (25.6.5.2)(a) above shall apply to each fare component.
c) Fare of the same type will be as defined in section (25.6.3.1)(d)(4).
25.6.5.3 Applicable Fares
the fares to be used shall be those applicable on the date of commencement of the outbound transportation or in the case of seasonal fares, those applicable on the date which determines the seasonal level to be used. This will apply in each component.
25.6.5.4 Exceptions
The provisions in subparagraphs (25.6.5.1&25.6.5.2) and (25.6.5.3) above will not apply:
a) For transportation wholly within Area 1
b) For sales made in Area 1 for transportation commencing in Area 1
c) For sales made in Canada, U.S.A/U.S. territories for transportation to Canada, U.S.A/ U.S. territories.
d) When travel originates in Benin, Burkina Faso, Cameroon, central African Republic, Chad, Congo (Brazzaville), equatorial Guinea, Gabon, Ivory Coast, Mali, Niger, Senegal or Togo and is sold in these countries.
e) For sales made in EC member states for travel wholly within the Europe sub-area when all fare construction points are in EC member states.
25.7 Construction Rules for Pricing Units
25.7.1 Round Trip Fares
25.7.1.1 Unless otherwise specified, the fare for a round trip will be twice the outbound One Way fare.
25.7.1.2 The reference to two fare components only, found in definitions, does not prohibit fares for end-on combination or side trips paid for separately, being shown on the same ticket.
25.7.1.3 Round Trip fares are combinable with other Round Trip fares.
25.7.2 Circle Trip Fares
25.7.2.1 The fare for a circle trip shall be the lowest combination of half round trips in the direction of travel, beginning the calculation from the point of unit origin of the trip; provided that for any fare component which terminates in the country of unit origin, the fare applicable to such fare component from the country of unit origin shall be use
25.7.2.2 Circle Trip Minimum (CTM)
a) (not applicable for travel commencing in Australia/New Zealand other than within Area 3):The fare for a circle trip (excluding any side trip which has been charged as a separate pricing unit) shall not be less than the direct route normal or special round trip fare, the highest rated pair of points applicable to the class of service used from the point of unit origin to any stopover point on the route of travel.
b) (applicable for travel commencing in Australia/new Zealand other than within Area 3):The fare for a circle trip (excluding any side trip which has been charged as a separate pricing unit) shall not be less than the direct route normal or special round trip fare, for the highest rates pair of points applicable to the class of service used from the point of unit origin to any ticketed point on the route of travel.
c) Where more than one normal fare is published for the carrier and the class of service used, the lower/lowest level may be used.
d) When there are round trip fares from the point of unit origin to any stopover point, which differ according to carrier(s) used outbound and inbound the fare to be used for the check shall be the lower of such Round Trip fares.
e) When checking the circle trip minimum fare when special fares are used, the comparison is the same as provided in (25.6.3.1)(d)(4); provided that when no special direct round trip fare is available from the point of unit origin to any higher rated normal fare stopover point, the total fare shall not be less than the direct round trip normal Economy Class fare from the point of unit origin to such point.
f) The CTM check is not applied to a pricing unit, which contains a mixture of normal and special fares combined on the outbound and inbound portions.
g) The CTM check is not applied to a pricing unit consisting of government and/or military fares.
h) The CTM check is not applied to a pricing unit consisting of a combination of government and/or military fares and normal fares.
i) The CTM check need not be applied to points, which have been disregarded under provisions of the higher intermediate point rule.
25.7.2.3 Round the world minimum (RWM)
The rule does not apply to any joint round the world fares published by rule separately in this or any other tariff.
a) Round the world fares consist of continuous EB or WB travel commencing from and returning to the same point which involves only one crossing of the Atlantic ocean and only one crossing of the Pacific ocean.
b) Unless otherwise indicated, only normal fares may be used to construct a round
the world itinerary. One Way special fares must not be used to calculate fares for round-the- world travel.
c) For round the world travel originating in Australia/New Zealand, the provisions of subparagraph d) below shall not apply.
d) The total fare for a round the world journey (excluding any side trip charged separately) shall not be less than the lower of the two direct route normal round trip fares applicable to the class of service used from the point of unit origin to all stopover point(s) in both global directions. If more than one such lower fare exists, the highest of these lower fares is used for the RWM.
e) Where more than one normal fare is published for the carrier and the class of service used the lower/lowest level may be used for the minimum check.
f) When there are Round Trip fares with different global indicators from the point of unit origin to any stopover point, the fare to be used for the check must be that applicable to the flown itinerary.
g) When the flown itinerary incorporates such different global indicators, the fare must not be less than the lower of such Round Trip fares from the point of unit origin.
Example: travel CHI-ZRH-BOM-CMB-HKG-YVR-CHI
calculation based on: CHI-BOM AT fare and CHI-BOM PA fare
AT NUC PA
CHI-ZRH 1800 none
CHI-BOM 3100 3300
CHI-CMB 3830 3200
CHI-HKG 4600 2300
CHI-YVR none 285 (WH)
The missing CHI-ZRH PA and CHI-YVR AT fares need to be constructed by lowest combination. However, as the resulting fares would most likely be higher than existing fares in the opposite global direction, they are ignored.
The highest RT fare between each city pair is disregarded. Of the remaining lower RT fares, the highest RT fare CHI-CMB PA constitutes the RWM.
If the calculation is not higher than this amount, the itinerary must be raised to the highest RT fare (CHI-CMB).
25.7.3 Open Jaw Fares
25.7.3.1 Normal fare Open Jaw Common Point Minimum Check (CPM)
a) The fare for a normal fare Open Jaw pricing unit shall be the sum of the applicable Round Trip fares for both international legs of the Open Jaw, assessed from the country of unit origin.
b) 1) If there is a surface sector in the country of unit origin and there is a common ticketed point(s) in the country of unit origin, the fare shall not be less than the highest applicable fare from the common point(s).
2) If there is a surface sector in the country of unit turnaround and there is a common ticketed point(s) in the country of unit turnaround, the fare shall not be less than the highest applicable fare to the common point(s).
3) If there is a common ticketed point(s) in both the country of unit origin and the country of unit turnaround, the fare shall not be less than the highest applicable round or circle trip fare from the common ticketed point(s) in the country of unit origin to the common ticketed point(s) in the country of unit turnaround.
Exception:
For transatlantic and transpacific travel via the services of UA in both directions, the common point minimum check will not apply to common ticketed point(s) in the U.S.A.
Example : LAS X/LAX-PAR/-BRU LON-X/LAX-SAN
4) In applying the above, for travel origination in Canada or USA, the surface break may be permitted between countries in the Europe sub-area provided:
a) Travel in both directions is via the Atlantic
b) The application of 25.7.3.1 a) and 25.7.3.1 b) above, the CPM check shall only apply to a common point(s) in the country of origin and/or the country of the terminal point of a fare component.it shall not apply to intermediate common point in other countries.
Example: YMQ-LON-ZRH XXXROM-ZRH-LON-YMQ
To YMQ-ZRH but not applied to YMQ-LON as LON is not in the country of a terminal point of a fare component.
5) The reference in the normal fare open jaw definition referencing two international fare components does not preclude fares for end-on combinations or side trips paid for separately being shown on the same ticket.
25.7.3.2 Special fares open jaw
Except as specified in a fare rule, the fare for an open jaw shall be the sum of half the applicable round trip fares for both legs of the open jaw; provided that when a fare component terminates in the country of unit origin, the fare applicable from the country of unit origin shall be used.
Exception: For travel originating and terminating in Europe (except for travel wholly within Europe): where an open jaw applies between countries in Europe, where a fare component terminated in the country of unit destination the fare applicable from the country of unit destination shall be used.
Example: AMS-WAS-MAD
fare construction:
AMS – WAS 1/2 RT PEX Fare
MAD – WAS 1/2 RT PEX Fare
25.7.4 One Way Fares
25.7.4.1 For One Way journeys, One Way fares must be used.
25.7.4.2 Country of Unit Origin Check (OOM): When One Way pricing units are used and travel on the second or subsequent international pricing unit is via a country from which a previous pricing unit has already been assessed, the fare for such pricing unit shall not be less than the highest international fare from any ticketed point in the country where the previous pricing unit commenced to any other ticketed point in such unit. This rule applies whether or not a stopover is made at the point(s) in the country where the previous pricing unit commenced.
25.7.4.3 For One Way sub-journeys, when the respective countries of both origin and destination points of a pricing unit have been used for the assessment of a previous pricing unit, the direction of the last pricing unit will be assessed in the reverse direction of travel.
Example: GVA-LON-ATL-X/ZRH-LON using OW fares for each sector. Both ZRH and LON have been used to assess a previous pricing unit so the direction of the pricing unit for the sector ZRH-LON shall be from LON to ZRH.
25.8 Minimum Check for Consecutive Normal Fare Pricing Units
25.8.1 Return Sub-journeys Check (RSC) not applicable for travel to/from Canada.
25.8.1.1 The RSC will not apply between consecutive pricing units for return sub-journeys.
25.8.1.2 If the total for the journey contains any consecutive normal fare pricing units for return sub-journeys a minimum check will be applied. The total fare assessed for the consecutive pricing units (excluding any side trips charged separately) must not be less than the direct route normal round trip fare, applicable to the class of service used from the unit origin of the first consecutive pricing units, to the highest rated stopover point in any subsequent consecutive pricing units.
Example: travel MAD-ROM-ATH-TYO-SYD-ATH-ROM-MAD
construction could be:
MAD-ROM RT 1 pricing unit
ROM-ATH RT 1 pricing unit
ATH-TYO 1/2 RT
TYO-SYD 1/2 RT 1 pricing unit
ATH-SYD 1/2 RT
3 consecutive pricing units (RT > RT >CT)
All are stopover points
From unit origin of the first consecutive pricing unit to any stopover point in any subsequent consecutive pricing unit, MAD-SYD being the highest direct route round trip fare from MAD.
Minimum check - the total fare of these consecutive pricing units must not be less than MAD-SYD RT fare (which is the highest RT fare)
Exceptions:
a)
1) If the first pricing unit is for an origin open jaw the direct route round trip fare shall be assessed as the sum of half the direct route round trip fare from the unit origin of such open jaw pricing unit and half the direct route round trip fare from the unit destination of such open jaw pricing unit to each stopover point in any subsequent consecutive pricing units.
Example: travel: NCE-BRU-NBO-JNB-NBO-BRU-LYS
Minimum check - total fare for pricing units must not be less than the sum of 1/2 RTs NCE-BRU = LYS-JNB, whichever is the highest.
2) If any subsequent pricing unit is for an origin open jaw the pricing unit will be considered as a round trip pricing unit and 25.8.1.2 above will apply (i.e. close the surface sector)
b) If the last pricing unit is for a turnaround open jaw trip the direct route round trip fare to stopover/terminal points in the open jaw pricing unit will be half the direct route round trip fare from the unit origin of the first consecutive pricing unit to the highest rate stopover/terminal point in the open jaw pricing unit on the outbound component and half the direct route round trip fare from the unit origin of the first consecutive pricing unit to the highest rated stopover/terminal point in the open jaw pricing unit on the inbound component.
Example: travel: BRU-NBO-LUN-DKR surf CPT-JNB-LUN-NBO-BRU
construction could be:
BRU-NBO RT 1 pricing unit
NBO-LUN RT 1 pricing unit
LUN-DUR 1/2 RT
LUN-CPT 1/2 RT 1 pricing unit
Minimum check - total fare for the pricing units must not be less than the BRU-LUN RT or the sum of 1/2 RTs BRU-CPT >BRU-CPT, whichever is the highest.
c)If both the first and any subsequent consecutive pricing units are for origin/turnaround open jaw trips respectively then both a) and b) above apply.
25.8.1.3 Where more than one normal fare is published for the carrier and the class of service used the lower/lowest level may be used.
25.8.1.4
a) When there are round trip fares with different global indicators from the point of origin to any stopover point, the fare to be used for the check must be the applicable fare to the flown itinerary.
b) When the flown itinerary incorporates such different global indicators (including round the world journeys), the fare must not be less than the lower round trip fares from the point of origin.
25.8.1.5 When there are round trip fares from the point of origin to any stopover point which differ according to carrier(s) used on the outbound and the inbound journeys, the fare to be used for the checks shall be the lower of such round trip fares.
25.8.2 One Way Sub-journeys Check (OSC) not applicable for travel to/from Canada
25.8.2.1 If there is a surface break between two return sub-journeys, the minimum check is not applied.
25.8.2.2 Multiple pricing units assessed from a common pricing unit are not considered consecutive to each other and the minimum check is not applied to these pricing units.
Example: travel: TYO-SFO-LON-SFO-TYO-HKG-BOM-HKG-TYO
construction could be:
TYO-SFO RT 1 pricing unit
SFO-LON RT 1 pricing unit
TYO-HKG RT 1 pricing unit
HKG-BOM RT 1 pricing unit
. Minimum check is applied twice: TYO-SFO > SFO-LON and TYO-HKG > HKG-BOM
. There is no minimum check other than above. (not applicable to journeys to/from via the US/US territories)
a) A specified through fare must not be undercut by a combination of fares.
b) The OSC will apply between consecutive pricing units for One Way sub-journeys.
Example 1 (SITI):
A-------------B-------------C-------------D
100 100 100
A--------------------------- C
300
B---------------------------D
250
A------------------------------------------D
500
P A
P B 100
C 100
D 100
H A-C 100
H A-D 100
TOTAL 500
Example 2: CPH-DEL-JED-BKK
OW (PU1) OW (PU2) OW (PU3)
CPH---------DEL DEL--------JED JED-------BKK
CPH-DEL OW 1 pricing unit 900 NUC
DEL-JED OW 1 pricing unit 600 NUC
JED-BKK OW 1 pricing unit 475 NUC
CPH-JED 1600 NUC
CPH-BKK 2200 NUC
CPH-DEL plus DEL-JED = 1500 NUC.
Compared to CPH-JED results in a plus of 100 NUC.
CPH-JED plus JED-BKK = 2075 NUC.
Compared to CPH-BKK results in a plus of 125 NUC.
The itinerary must be raised 225 NUC shown separately in the fare calculation.
P CPH