SHENZHEN AIRLINES CO., LTD.
GENERAL CONDITIONS OF CARRIAGE FOR INTERNATIONAL PASSENGER AND BAGGAGE
Article 1 General Rules
Article 2 Tickets
Article 3 Fares and Charges
Article 4 Reservations
Article 5 Check- In
Article 6 Seating
Article 7 Stopovers
Article 8 Refusal and Limitation of Carriage
Article 9 Baggage
Article 10 Schedules, Cancellation and Change of Flights
Article 11 Rerouting
Article 12 Refunds
Article 13 Conduct Aboard Aircraft
Article 14 Administrative Formalities
Article 15 Successive Carriers
Article 16 Liability for Damage
Article 17 Time Limitation on Claims and Actions
Article 18 Other Conditions
SHENZHEN AIRLINES CO., LTD
General Conditions of Carriage For international Passenger and Baggage
Article 1 General Rules Top
As used in Shenzhen Airlines Co., Ltd. Conditions of Carriage for International Passenger and Baggage (hereinafter referred to as Conditions), unless where the context otherwise requires or where it is otherwise expressly provided, the following expressions shall mean:
1.1.1 “CONVENTION” means whichever of the following instruments is applicable to the contract of carriage：
the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention) and， the Warsaw Convention as amended at Hague on 28 September 1955 and The Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999 (hereinafter referred to as the Montreal Convention).
1.1.2 “INTERNATIONAL TRANSPORTATION” means carriage in which according to the contract, the place of departure or destination or agreed stopping point is situated outside the People’s Republic of China.
1.1.3 “DOMESTIC PORTION OF INTERNATIONAL CARRIAGE” means there are domestic and international portion on the same carriage contract and the domestic retention time shall not exceed 24 hours, the domestic portion is called the domestic portion of international carriage.
1.1.4 “CARRIER” includes the air carrier issuing the ticket and all air carriers that carry or undertake to carry the passenger and/or his baggage thereunder.
1.1.5 “ZH” means Shenzhen Airlines Co., Ltd.
1.1.6 “CARRIER’S REGULATIONS” means rules, other than these Conditions, published by carrier and in effect on date of ticket issue, governing carriage of passengers and/or baggage and shall include any applicable tariffs in force.
1.1.7 “AUTHORIZED AGENT” means a passenger sales agent who has been appointed by Carrier to represent the Carrier in the sale of air passenger transportation over the services of the Carrier and, when authorized, over the services of other air carriers.
1.1.8 “PASSENGER” means any person, except members of the crew, carried or to be carried in an aircraft with the consent of Carrier.
1.1.9 “CHILDREN” means the child more than 2 years old but less than 12 years old on the date of commencement of travel.
1.1.10 “INFANT” means infant less than 2 years old on the date of commencement of travel.
1.1.11 “TICKET” means the document entitled “Passenger Ticket and Baggage Check” issued by or on behalf of carrier, and includes the Conditions of Contract and, notices and the flight and passenger coupons contained there in.
1.1.12 “CONJUNCTION TICKET” means a ticket issued to a passenger in conjunction with another ticket which together constitute a single contract of carriage.
1.1.13 “Electronic Ticket” means the Itinerary/Receipt issued by or on behalf of carrier, the Electronic Coupons and, if applicable, a boarding document.
1.1.14 “Electronic Coupon” means an electronic flight coupon or other valued document held in carrier’s database.
1.1.15 “Itinerary/Receipt” means a document or documents issued by carrier to Passengers traveling on Electronic Tickets that contains the Passenger's name, flight information, etc.
1.1.16 “Flight Coupon” means that portion of the Ticket that bears the notation “good for passage”, or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which passengers are entitled to be carried.
1.1.17 Passenger Coupon” or “Passenger Receipt” means that portion of the Ticket issued by carrier or on carrier’s behalf, which is so marked and which ultimately is to be retained by passenger.
1.1.18 “Code Shares” On some services carriers have arrangements with other carriers known as “Code Shares”. This means that, even if passengers have a reservation with ZH and hold a Ticket where name or Airline Designator Code is indicated as the carrier, another carrier may operate the aircraft on which passenger travel. If such arrangements apply, ZH will advise you of the carrier operating the aircraft at the time passengers make a reservation.
1.1.19 “DAYS” means calendar days, including all seven days of the week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and that for purposes of determining duration of validity the day upon which the ticket is issued , or flight commenced, shall not be counted.
1.1.20 “BAGGAGE” means such articles, effects and other personal property of a passenger as are necessary or appropriate for wear, use, comfort or convenience in connection with the trip. Unless otherwise specified, it includes both checked and unchecked baggage of the passenger.
1.1.21 “CHECKED BAGGAGE” means baggage of which Carrier takes sole custody and for which Carrier has issued a baggage check.
1.1.22 “UNCHECKED BAGGAGE” means any baggage of the passenger other than checked baggage.
1.1.23 “BAGGAGE CHECK” means those portions of the ticket which relate to the carriage of the passenger’s checked baggage.
1.1.24 “BAGGAGE IDENTIFICATION TAG” means a document issued by Carrier solely for identification of checked baggage.
1.1.25 “AGREED STOPPONG PLACES” means those places, except the place of departure and the place of destination, set forth in the ticket or shown in Carrier’s timetables as scheduled stopping places on the passenger’s route.
1.1.26 “STOPOVER” means a deliberate interruption of a journey by the passenger, at a point between the place of departure and the place of destination, which has been agreed to in advance by Carrier.
1.1.27“Force majeure” means subject circumstances that can’t be foreseen, avoided or overcame, including natural calamities such as typhoons, floods, hail , government behavior such as expropriation ,requisition and social events such as strike, riots.
1.1.28“Damage” means: (1) In the case of Passenger bodily injury or death, damage sustained and caused by an accident occurring on board the aircraft or in the course of any of the operations of embarking or disembarking; (2) In the case of loss, damage to or destruction of Checked Baggage, damage sustained while the Checked Baggage is on board the aircraft or at any time that the Checked Baggage is in charge of the carrier; (3) In the case of Unchecked Baggage of which the Passenger takes charge, damage caused by the fault of the carrier or the agents of the carrier.
Except as provided in Article 1.2.2, 1.2.3, 1.2.4, these Conditions apply to all international carriage by air of passengers and baggage, performed by ZH for reward. These Conditions also apply to gratuitous and reduced fare carriage except to the extent that ZH has provided otherwise in its Regulations or in the relevant contracts, passes or tickets.
1.2.2 Charter Operations
If carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply only to the extent they are incorporated by reference or otherwise, in the charter agreement or the Ticket.
1.2.3 Overriding Law
To the extent that any provision contained or referred to herein is contrary to anything contained in the Convention, where applicable and any applicable laws, government regulations, orders or requirements that cannot be waived by agreement of the parties, such provision shall not apply. The invalidity of any provision shall not affect the validity of any other provision in these Conditions.
1.2.4Conditions Prevail Over Regulations
Except as provided herein, in the event of inconsistency between these Conditions and ZH’s regulations, these conditions shall prevail.
Article 2 Tickets Top
2.1 Ticket---Prima Facie Evidence of Contract
2.1.1 Transportation of passengers and baggage shall be conducted in accordance with the contract of carriage.
2.1.2 Ticket shall be properly issued prior to the acceptance of passenger and baggage by Carrier. The ticket constitutes prima facie evidence of the contract of carriage between Carrier and passenger named on the ticket. The Conditions of Contract contained in the ticket are a summary of some of the provisions of these Conditions of Carriage.
2.1.3 The ticket is and remains at all times the property of the issuing Carrier.
2.1.4 ZH will provide carriage only to the passenger holding such ticket issued by ZH or its Authorized Agent.
2.2 Requirement for Ticket
2.2.1 Except in the case of an Electronic Ticket a person shall not be entitled to be carried on a flight unless that person presents a ticket valid and duly issued in accordance with Carrier’s Regulations and containing the flight coupon for that flight and all other unused flight coupons and the passenger coupon. A passenger shall furthermore not be entitled to be carried if the ticket presented is mutilated or if it has been altered otherwise than by Carrier or its Authorized Agent.
2.2.2In the case of an Electronic Ticket, passenger shall not be entitled to be carried on a flight unless provide positive identification and a valid Electronic Ticket that has been duly issued in the passenger’s name.
2.2.3 No transfer and alteration allowed on the ticket, transferred and altered tickets are invalid.
2.3 Loss and Mutilation of Ticket
In case of loss or mutilation of a ticket, or part thereof, or non-presentation of a ticket containing the passenger coupon or all unused flight coupons, if ZH is the issuing carrier, ZH may at the passenger’s request and subject to ZH’s Regulations, replace such ticket or part thereof by issuing a new ticket on receipt of proof satisfactory to ZH that a ticket valid for the flights in question was duly issued.
Ticket not Transferable
2.4.1 If a ticket is presented by someone other than the person entitled to be carried there under or to a refund in connection therewith, ZH shall not be liable to the person so entitled if, in good faith it provides carriage, or makes a refund to the person presenting the ticket.
2.4.2 As for the conditions specified in Article 2.4.1 hereof, ZH shall not be liable for all the damage to the person other than the passenger entitled to be carried or his baggage or other personal properties.
2.5 Period of Validity
2.5.1 A ticket is valid for carriage for one year from the date of commencement of travel or if no portion of the ticket is used, from the date of issue thereof.
2.5.2 The validity period of a special fare ticket shall be subject to the applicable conditions of such special fare.
2.5.3 The calculation of validity of a ticket begins from time zero of the next date of commencement of travel or the next date of issuing the ticket to time zero of the next date of validity expiration.
2.6 Extension of Validity
2.6.1 If a passenger is prevented from traveling within the period of validity of the ticket because ZH:
a) cancels the flight on which the passenger holds a reservation; or
b) omits a scheduled stop, being the passenger’s place of departure, place of
destination or a stopover; or
c) fails to operate a flight reasonably according to flight schedule; or
d) causes the passenger to miss a connection designated on the ticket,; or
e) substitutes a different class of service; or
f) is unable to provide previously confirmed space.
The validity of such passenger’s ticket will be extended until ZH’s first flight on which space is available in the class of service for which the fare has been paid.
2.6.2 When a passenger holding a normal fare ticket is prevented from traveling within the period of validity of the ticket because at the time such passenger requests reservations ZH is unable to provide space on the flight, the validity of such passenger’s ticket will be extended until ZH’s first flight on which space is available in the class of service for which the fare has been paid.
2.6.3 When a passenger after having commenced his or her journey is prevented from traveling within the period of validity of the ticket by reason of illness, ZH will extend the period of validity of such passenger’s ticket until the date when the passenger becomes fit to travel according to a medical certificate, or until ZH’s first flight after such date from the point where the journey is resumed on which space is available in the class of service for which the fare has been paid. When the flight coupons remaining in the ticket involve one or more stopovers, the validity of such ticket will be extended for not more than three months from the date shown on such certificate. In such circumstances, ZH will extend similarly the period of validity of tickets of other members of the passenger’s immediate family accompanying the incapacitated passenger.
2.6.4 In the event of death of a passenger en route, the tickets of the persons accompanying the passenger may be modified by waiving the minimum stay or extending the validity. In the event of a death in the immediate family of a passenger who has commenced travel, the validity of the passenger’s tickets and those of his or her immediate family accompanying the passenger may be likewise modified. Any such modification shall be made upon receipt of a proper death certificate and any such extension of validity shall not be for a period longer than forty-five (45) days from the date of the death.
2.7 Coupon Sequence
2.7.1 Carrier will honor flight coupons only in sequence from the place of departure as shown on the ticket.
2.7.2 The ticket may not be valid and ZH may not honor the passenger’s ticket if the first flight coupon for international travel has not been used and the passenger commences his or her journey at any stopover or agreed stopping place.
2.7.3 For the tickets consist of more than one flight segment, the tickets shall be used according to the sequence listed on the ticket.
2.7.3 Each flight coupon will be accepted for carriage in the class of service specified therein on the date and flight for which accommodation has been reserved. When flight coupons are issued without a reservation being specified thereon, space will be reserved on application subject to the conditions of the relevant fare and the availability of space on the flight applied for.
2.8 Name and Address of Carrier
Carrier’s name may be abbreviated in the ticket. Carrier’s address shall be deemed to be the airport of departure shown opposite the first abbreviation of Carrier’s name in the “carrier” box in the ticket. In the case of an Electronic Ticket, as indicated for the first flight segment in the Itinerary/Receipt.
Article 3 Fares and Charges Top
3.1.1 Unless otherwise specified, fares apply only for carriage from the airport at the point of origin to the airport at the point of destination. Fares do not include ground transport service between airports and between airports and town terminals.
3.1.2 Fares will be calculated in accordance with ZH’s Tariff in effect on the date of payment of your ticket for travel on the specific dates and itinerary shown on the Ticket. Should passengers change the itinerary or dates of travel, this may affect the fare required to be paid.
3.2 Taxes and Charges
Any tax or charge imposed by government or other authority, or by the operator of an airport, in respect of a passenger or the use by a passenger of any services or facilities will be in addition to the published fares and charges and shall be payable by the passenger.
Applicable taxes, fees and charges imposed by government or other authorities, or by the operator of an airport, shall be payable by passengers. At the time passengers purchase Tickets, passengers will be advised of taxes, fees and charges not included in the fare, most of which will normally be shown separately on the Ticket. The taxes, fees and charges imposed on air travel are constantly changing and can be imposed after the date of Ticket issuance. If there is an increase in the applicable tax, fee or charge shown on the Ticket, passengers will be obliged to pay it. Likewise, if a new tax, fee or charge is imposed after Ticket issuance, passengers will be obliged to pay it. In the event any taxes, fees or charges which passengers have paid at the time of Ticket issuance are eliminated or reduced, such that they no longer apply to passengers or a lesser amount is due, passengers may be entitled to a refund of any such taxes, fees or charges as have been eliminated or reduced.
Fares, taxes, fees and charges are payable in the currency of the country in which the Ticket is issued, unless another currency is indicated by ZH or ZH’s Authorized Agent, at or before the time payment is made. ZH may at discretion, accept payment in another currency due to, for example, the non-convertibility of local currency .
Article 4 Reservations Top
4.1 Reservation Requirements
4.1.1 Reservations shall be made in accordance with the procedures established by ZH. When ZH or its Authorized Agent makes a reservation and records for the passenger with the relevant reservation data set forth in the ticket, the reservation is deemed to be valid. Reservations are not confirmed until recorded as accepted by ZH or its authorized Agent.
4.1.2 As provided in ZH’s Regulations, certain fares may have conditions which limit or exclude the passenger’s right to change or cancel reservations.
4.2 Ticketing Time Limits
If a passenger has not paid for the ticket prior to the specified ticketing time limit, ZH may cancel the reservation.
4.3 Priority of reservations
4.3.1 When a passenger who holds an unused open-date ticket or portion thereof, or who wished to change his ticketed reservation to other reservations ZH will endeavor to reserve advance seating requests，however, ZH cannot guarantee any particular seat. ZH reserves the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons.
4.3.2 When circumstances permit, reservation priority shall be given for the benefit of the involuntarily rerouted passenger.However, no particular seat assigned is guaranteed.
4.4 Personal Data
The passenger recognizes that personal data has been given to ZH for the purposes of making a reservation for carriage, obtaining ancillary services, facilitating immigration and entry requirements, and making available such data to government agencies. For these purposes the passenger authorizes ZH to retain such data and to transmit it to related governments, its own offices, its authorized agents, other carriers or the providers of such services, in whatever country they may be located.
4.5 Reconfirmation of Reservations
Onward or return reservations will be subject to the requirements by ZH or other carriers to reconfirm the reservation at least 72 hours or as other carrier’s requiremnts prior to the scheduled departure of the flight if the passenger remains at the involved point longer than 72 hours. Failure to comply with any such requirement may result in cancellation by ZH or other carriers of any onward or return reservations.
4.6 Cancellation of Onward or Return Reservations Made by Carrier
Passengers should understand reservation regulations of ZH and other service prviding carrier. If a passenger does not use a reservation and fails to advise ZH, ZH may cancel any onward or return reservations. A service charge, in accordance with ZH’s Regulations, may be payable by a passenger who fails to use space for which a reservation has been made.
Article 5 Check- In Top
5.1 A passenger holding a ticket with confirmed reservation shall be entitled to be carried only between the particular places indicated in the applicable flight coupons thereof.
5.2 The passenger shall arrive at ZH’s check-in location and boarding gate sufficiently in advance of flight departure or onward depature to permit completion of any Government formalities and departure procedures. Check-in Deadlines are different at every airport and ZH recommend that you inform yourself about these Check-in Deadlines and comply with them.
5.3 If the passenger fails to arrive in time at ZH’s check-in location or boarding gate or appears improperly documented and not ready to travel, ZH may cancel the space reserved for the passenger and will not delay the flight. ZH is not liable to the passenger for loss or expense due to the passenger’s failure to comply with the provisions of this Article.
Article 6 Seating Top
ZH does not guarantee to provide any particular seat in the aircraft and the passenger agrees to accept any seat that may be allotted on the flight in the class of service for which the ticket has been issued.
Article 7 Stopovers Top
Stopovers may be permitted at agreed stopping places subject to prior agreement by ZH and relevant regulations.
Article 8 Refusal and Limitation of Carriage Top
8.1 Right to Refuse Carriage
8.1.1 ZH may refuse carriage of any passenger or passenger’s baggage for reasons of safety.
8.1.2 ZH may furthermore refuse carriage of any passenger or his baggage if, in the exercise of its reasonable discretion, ZH determines that:
a) such action is necessary in order to comply with any applicable laws, regulations, or orders of any state or country to be flown from, into or over; or
b) the conduct, age, or mental or physical state of the passenger is such as to be unfit for travel, or cause discomfort to other passengers, or involve any hazard or risk to himself or herself or to other persons or to property; or
c) the passenger has failed to observe ZH’s regulations; or
d) the passenger has refused to submit to a security check; or
e) the applicable fare or any charges or taxes payable have not been paid,；
f) the passenger does not appear to be properly documented; the passenger may seek to enter a country through which he or she is in transit; the passenger may destroy his or her documentation during flight; the passenger will not surrender travel document’s to be held by ZH when so requested by ZH; or
g) the ticket presented by the passenger has been acquired unlawfully or has been purchased from an entity other than the issuing carrier, or its Authorized Agent, or has been reported as being lost or stolen, or is a counterfeit ticket, or any flight coupon has been altered by anyone other than Carrier or its Authorized Agent, or in the case of a flight coupon, has been mutilated and ZH reserves the right to retain such invalid ticket; or
h) the person presenting the ticket cannot prove that he or she is the person named in the “Name of Passenger” box of the ticket;or
8.1.3 ZH is not liable to the passenger for any damage or expense caused due to such refusal of carriage specified or referred to in Article 8.1.1 and 2 hereof.
8.2 Limitation on Carriage
8.2.1 Acceptance for carriage of unaccompanied children, invalid, infant, blind passenger, deaf passenger, criminal suspect, prisoner, passenger who needs medical oxygen cylinder is subject to prior agreement with ZH, in accordance with ZH’s regulations.
8.2.2 Unaccompanied child .For the safety, ZH does not accept unaccompanied child under 5; acceptance for carriage of unaccompanied children is subject to prior consent from ZH. It may not exceed altogether 10 unaccompanied children on each flight and if there are invalid, pregnant, stretcher and wheelchair passengers onboard, it shall decrease properly or make another arrangement.
8.2.3 Infant. The number of infants onboard the flight may not exceed 18. As for over water operation, acceptance for carriage of more than 3 infants is subject to prior consent from ZH.
8.2.4 Wheelchair passenger. The number of WCHR passengers is not limited. However, the number of WCHS and WCHC may not exceed 2 on each flight, and if there is stretcher passenger onboard, only one WCHS or WCHC passenger may on board the aircraft.
8.2.5 Stretcher passenger. For safety consideration, it may not exceed 1 stretcher passenger on each flight.
8.2.6 Handicapped passengers. For safety reason, it may not exceed 2 handicapped passengers on each flight. The inherent disabled, self-care gimp, a delegate group of disabled passengers is exempted from handicapped passenger’s limitation.
8.2.7 Passenger who need medical oxygen cylinder onboard. The carriage of such passenger is subject to the prior consent from ZH and such passengers can not exceed 2 for each flight. The passenger shall use the medical oxygen cylinder provided by ZH and pay according to ZH’s regulations.
8.2.8 Deaf mute passenger .Deaf mute passenger aged 16-year-old or above is exempted from special category passenger limitation; aged below 16-year-old will not be accepted for travel alone unless voluntary passenger accompanied.
8.2.9 Pregnant woman. The carriage of pregnant woman is not accepted unless necessary material showing pregnant period is provided, otherwise ZH can fuse the carriage for safety consideration.
8.2.10 Criminal suspect and prisoner. The carriage of criminal suspect and prisoner should comply with national regulations. The number of police should be 3 times of criminal suspect or prisoner. When there is female criminal suspect or prisoner, one female police should escort.
8.2.11 If there are WCHS,WCHC, stretcher, handicapped passenger, blind passenger, passenger who need medical oxygen cylinder aboard the same flight it shall not exceed 3 kinds of them , with the maximum number of 5.
Article 9 Baggage Top
Carrier only accepts to transport items which constitute “Baggage” as defined in Article 1.1.20 hereof.
Baggage tag is the prima facie evidence of the contract of carriage.
9.2 Items Unacceptable as Baggage
9.2.1 items which do not constitute baggage as defined in Article 1.1.14 hereof; or
9.2.2 items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in ZH Regulations, including explosives, gas, flammable liquids, flammable solids, substances liable to spontaneous combustion; substances which on contact with water emit flammable gases, oxidizing substances, organic peroxides, poisonous and infectious substances, radioactive materials, corrosives, and other dangerous goods;
9.2.3 any items, other than those specified in Sub-paragraph 9.2.2 above,
which are capable of posing a dangerous or damageable risk when carried by air; or
9.2.4 firearms and ammunition other than for hunting and sporting purposes, or items such as controlled knives or other similar objects; or
9.2.5 animals not included in 9.13; or
9.2.6 items which in the opinion of ZH are unsuitable for carriage by reason of their weight, size, shape, packing or character, such as fragile or perishable items; or
9.2.7 Articles prohibited from transport by regulations, orders, demands and travel requirements of countries to be flown from, into or over.
9.2.8 customer can inquire ZH for information on prohibited articles before booking tickets. ZH will not liable for the storage and losses from refusal of carriage for unapproved articles.
9.3 Items Acceptable as Checked Baggage
9.3.1 Firearms and ammunition for hunting and sporting purposes may be accepted for carriage as checked baggage subject to valid Firearms Transport Permit (People’s Republic of China Police Bureau’s relevant regulations shall be referred to), but are not be permitted as unchecked baggage in the cabin. Firearms must be unloaded with the safety catch on, and suitably packed. Carriage of ammunition is subject to ICAO and IATA regulations.
9.3.2 Swards, Knives and Similar items, whether of antiques or tourist souvenirs, shall be properly packed. All such items are accepted for carriage as checked baggage only.
9.3.3 Toy guns may only be accepted as checked baggage.
9.3.4 Transport of liquid items as check-in baggage shall comply with regulations of the nation and region. The volume, quantity, package shall comply with ZH’s requirements. otherwise , ZH can refuse the carriage The passenger take full responsibilities for breach of these provisions.
9.4 Rights to Refuse Baggage
9.4.1 ZH may refuse carriage as baggage of such items specified in Article 9.2 hereof as are acceptable for carriage as baggage and in Article 9.4.2 hereof as are not permitted to be contained in checked baggage. ZH may refuse further carriage of any such items on discovery thereof.
9.4.3 Unless advance arrangements for its carriage have been made with ZH, ZH may carry on later flights baggage which is in excess of the applicable free allowance.
9.4.4 ZH 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.
9.5 Rights of Search
For reasons of safety and security, ZH may request the passenger to permit a search to be made of his or her baggage in accordance with established procedures, and may require relevant authorities to make the search. If the passenger is unwilling to comply with such request, ZH may refuse to carry his or her baggage.
9.6 Checking of Baggage
9.6.1 Checking of baggage will only be made upon presentation by a passenger of valid passenger identification”
9.6.2 A separate baggage tag will be issued for each checked baggage for identification purposes, and the baggage identification tag portion of which is given to the passenger as a document for identification of his or her baggage. ZH shall take custody of the baggage so checked baggage during transportation.
9.6.3 Appropriate entries will also be made of unchecked pieces or weight by ZH prior to acceptance in the “Passenger Ticked and Baggage Check.” Unchecked baggage shall remain in the passenger’s change during transportation.
9.6.4 The weight and size of checked baggage shall be no greater than that specification as maximum by ZH regulations. Any checked piece baggage, the weight or size of which exceeds the maximum, shall only be accepted with advance permission granted by ZH.
9.6.5 The passenger shall not include in checked baggage, fragile or perishable items, money, jewelry, precious metals, silverware, antiques, calligraphy and painting, negotiable papers, securities or other valuables, business documents, passports and any other identification documents or samples.
9.6.6 The passenger may affix name or other personal identification to checked baggage prior to acceptance.
9.6.7 Checked baggage will be carried on the same aircraft as the passenger unless ZH decides that this is impracticable, in which case ZH will make explanation to the passenger and carry the checked baggage on ZH’s next flight on which space is available.
9.7 Free Baggage Allowance
9.7.1 Weight Concept
Except as otherwise specified in ZH regulations, the free baggage allowance for each passenger shall be subject to the conditions below:
a) Free Baggage Allowance for Adults:
The adult passenger paying applicable first class fare is entitled to a free baggage allowance of 40 kilograms; the adult passenger paying applicable business class fare is entitled to a free baggage allowance of 30 kilograms; the adult passenger paying applicable economy class fare is entitled to a free baggage allowance of 20 kilograms.
b) Free Baggage Allowance for Children
Children and infants paying the children’s fare are entitled to the same free baggage allowance as adult passengers.
c) Free Baggage Allowance for Infants
Infants are entitled 10 kilograms free baggage allowance and the sum of the three dimensions may not exceeding 115cm, One collapsible pushchair or other essential item may be carried in the cabin if space permits.”
9.7.2 Piece Concept
In respect of the carriage to and from points in the United States and Canada except as otherwise specified in ZH regulations, the free baggage allowance for each passenger shall be subject to the conditions below:
a) Free Baggage Allowance for Adults:
The adult passenger paying applicable first class or business class fare is entitled to a free baggage allowance of two pieces, of which the total of the three dimensions does not exceed 158cm for each piece, the adult passenger paying applicable economy class fare is entitled to a free baggage allowance of two pieces, of which the total of the three dimensions does not exceed 158cm for each; provided that the addition of such two sums shall not exceed 273cm.The maximum weight of any piece of the allowed free baggage as set out above shall not be more than 32 kilograms.
b) Free Baggage Allowance for Children
Children and infants paying the children’s fare are entitled to the same free baggage allowance as adult passengers.
c) Free Baggage Allowance for Infants
Infants are not entitled to a free baggage allowance but shall be granted for carriage of one bag, the sum of the three dimensions not exceeding 115cm, plus a fully collapsible pushchair or an infant’s carrying basket or other similar item, which may be carried in the cabin if space permits.
d) Carriage of special baggage such as golf and skiing equipment shall be subject to ZH’s relevant international regulations and ZH’s regulations.
9.7.3 If the passenger has purchased a ticket in combined classes of service for the through journey, the free baggage allowance for each portion of travel shall be applicable to the class of service for which the fare has been paid.
9.7.4 Where two or more passengers, traveling as one party or group to a common destination or point of stopover by the same flight, whether or not in the same class, present themselves and their baggage for travel at the same time and place, pooling of baggage will be permitted under either the weight or piece concept.
9.7.5 Where voluntary change is made, a passenger shall be entitled to the free baggage allowance appropriate to the class of service for the rerouted portion. If a passenger is involuntarily rerouted the free baggage allowance in the class of service, for which the fare has originally been paid, will apply.
9.7.6 With respect to the domestic portions of international carriage the free baggage allowance to which the passenger is entitled shall be the same as that for its international portion applicable to the class of service for which the fare has been paid.
9.8 Excess Baggage
9.8.1 Excess Baggage is the baggage to be carried in excess of the free baggage allowance for checked and unchecked baggage.
ZH will provide carriage of excess baggage only to the passenger who has paid the excess baggage charge and for whom the excess baggage ticket has been issued.
9.8.2 The excess baggage charges, under the baggage weight concept, shall be assessed per kilogram at 1.5% of the highest normal direct adult one way economy class fare. The charges shall be based on the rate in effect on the date of issuance of the excess baggage ticket.
9.8.3 The excess baggage under the piece concept shall be charged for in accordance with applicable Tariff, which are available upon request from ZH or ZH’s authorized agents.
9.9 Excess Baggage on Rerouting or Cancellations
9.9.1 In the case of voluntary rerouting, payment of additional fares or refunding of excess baggage charge is subject to the regulations on ticket refund in Article 11.1 hereof.
9.9.2 If due to failure or because of the circumstances beyond its control ZH cancels a flight, and a request is made for the refund of excess baggage, the amount of refund will be, when the flight is cancelled at the point of origin, the full amount of such charges originally paid so, and if cancellation takes place at an immediate stopping place the excess baggage charges will be refunded for the unused portion of carriage.
9.10. Unchecked Baggage
9.10.1 Unchecked baggage which passenger carries the cabin shall be limited to no more than 5 kilograms with the total three dimensions not exceeding 115cm each. Such Carry-on baggage must fit under the seat in front of the passenger or in an enclosed storage compartment in the cabin. Items which ZH determines to be oversized and overweighed according to ZH regulations shall not be permitted to carry in the cabin.
9.10.2 Objects such as delicate musical instruments and the like which are not suitable for transport in the cargo compartment will only be accepted for carriage in the cabin if advance permission is granted by ZH and relevant charges paid.
9.11 Unchecked Baggage Using Additional Seat(s)
9.11.1 Fragile and Valuable Baggage
a) Carriage of fragile and valuable baggage which requires use of additional seat(s) will only be accepted by request made at the reservation and with ZH’s prior approval.
b) Passengers should carry fragile and valuable baggage to the cabin themselves and take custody of the baggage during the transport. Such baggage should be subject to the following conditions:
weight should be limited to no more than 75 kg per additional seat;
its height should not higher than the seatback;
it should be properly packed and regular in shape;
for the reasons of safety of the aircraft and the persons or property aboard, the seats to be used shall be assigned by ZH;
the baggage should be properly fastened with seatbelt, and may be fixed tightly during the entire flight.
c) Fragile and valuable baggage which requires the use of a seat shall not be included in free baggage allowance and the charge of such baggage shall be the higher of:
Such baggage shall be charged as excess baggage for its actual weight at the applied rate between the points the baggage is to be transported or;
The amount of one way adult full fare applicable to the class of service per seat.
d) In the case of carriage performed by successive carriers such facility will be arranged subject to the prior consent of the successive carriers concerned.
9.11.2 Diplomatic Bag
a) ZH may accept diplomatic bag as checked baggage if as requested by the diplomatic courier.
b) The carriage of diplomatic bag requiring the use of additional seat(s) in the cabin is subject to the condition as specified in Article 9.11.1.
9.12 Collection and Delivery of Checked Baggage
9.12.1 The passenger shall checked, upon presentation of baggage identification tag, collect his or her checked baggage as soon as it is available for collection at places of destination or stopover and shall present his or her baggage identification tag.
9.12.2 Passenger is required to take care of the baggage identification tag. Where delivery of baggage is made upon presentation of baggage identification tag, ZH shall be under no obligation to ascertain that the person claiming the checked baggage is the passenger himself or herself and ZH is not liable for any damage as a result of such delivery.
9.12.3 If a person claiming the checked baggage is unable to produce baggage identification tag, ZH will deliver the baggage to such person only on condition that he or she presents required documents, and if necessary, such person is also required to fill in an application form as established by ZH, shall fill in such application form as prescribed by ZH, furnishing adequate security to indemnify ZH for any damage or expense which may be incurred by ZH as a result of such delivery.
9.12.4 Baggage delivery shall be made at the destination or stopover shown in the baggage identification tag. At the request of the passenger the checked baggage, subject to relevant government regulations, may also be delivered at an intermediate stopping place when time and circumstances permit. In such cases, ZH shall not refund any excess baggage, which was paid for at the time the carriage commenced for the unused portion of carriage.
9.12.5 Acceptance of baggage by the bearer of the baggage check without written complaint at the time of delivery is prima facie evidence that the baggage has been delivered in good condition and in accordance with the contract of carriage.
9.13. Pets, Seeing-eye Dogs, and Hearing-ear Dogs
a) Pets are dogs, cats, birds and other small animals fed in families. The passenger traveling with pets shall have to give advance notice to and get approval of ZH and relevant successive carriers when making reservation. Small animals, when properly crated and accompanied by valid health and vaccination certificates, entry and exit permits, and other documents required by countries of entry and exit, or transit, will, with the advance approved of ZH and other concerned successive carriers, be accepted for carriage.
b) Passenger traveling with pets shall send his or her pets to the airport for completion of check-in procedures at the time as specified by ZH on the date of commencement of travel.
c) Pets must be properly crated in a strong container that suits the animal’s characteristics in nature, and is strong enough to prevent the animal’s damageable efforts. It is essential that the container is well constructed so as to prevent the animal from escaping, or from pushing out though the container to cause harm to the passenger, or damage to baggage or cargo. To avoid the contamination of the aircraft, equipment or other objects, excrements inside of the container must be absorbed and no seepage is allowed.
d) The pets will be carried in cargo compartment only,
e) The pets together with its container and food carried, shall not be included in the free baggage allowance of the passenger but constitute excess baggage, for which the passenger shall pay the applicable rate.
f）If there are other special regulations on carriage of pets from related countries ,regions and ZH ,the special regulations shall be applied.
9.13.2 Seeing-eye Dogs and Hearing-ear Dogs
a) Seeing-eye and hearing-ear dogs are referred to those specially trained to lead the blind or to assist the deaf passengers.
b) Carriage of seeing-eye and hearing-ear dogs to accompany sight/hearing impaired passengers will only be accepted if due notice has been given when making reservation and permission granted by ZH.
The deaf passenger’s impaired hearing shall be evidence by a medical certificate.
c) Seeing-eye and hearing-ear dogs, when permitted into the cabin, must wear a mouth cover and be properly led by a rope before the dog is carried into the cabin. The movement of such dog must be harmlessed in the cabin. The dog does not occupy a seat.
d) Seeing-eye and hearing-ear dogs, when carried in cargo compartment, shall be properly crated in containers to which the same requirements as specified in Article 126.96.36.199 hereof.
e) The seeing-eye and hearing-ear dogs together with containers and food will be carried free of charge in addition to the free baggage allowance.
f) ZH may refuse acceptance for carriage of seeing-eye and hearing-ear dogs long distance when operating a non-stop, flight on which the animals are unfit to carry in a specific type of aircraft.
9.13.3 ZH is not responsible for injury to or loss, sickness or death of pets which ZH has agreed to carry as prescribed in 9.13.1 and 9.13.2 unless ZH has been negligent. ZH shall not be liable for injury to or loss, delay, sickness or death of such animals in the event that it is refused entry into or passage through any country, state or territory.
9.13.4 Animals other than pets and seeing-eye/hearing-ear dogs shall not be accepted for carriage as baggage by ZH.
Article 10 Schedules, Cancellation and Change of Flights Top
10.1.1 ZH undertakes to use its best efforts to carry the passenger and his or her baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel and to comply with the conditions of contract contained in the “Passenger Ticket and Baggage Check”.
10.1.2 The flight times and aircraft types shown in timetables may change between the date of publication and the date the passenger actually travel. ZH do not guarantee them to the passenger and they do not form part of the passenger contract with ZH
10.1.3 It is possible ZH may need to change the scheduled flight time subsequent to the issuance of ticket. If passenger provide ZH with contact information, ZH will endeavor to notify passenger of any such changes. If, after passenger purchase ticket, ZH make a significant change to the schedule flight time, which is not acceptable to passenger, and ZH are unable to book passenger on an alternate flight which is acceptable to passenger, passenger will be entitled to a involuntary refunds according to applicable regulations.
10.2.Except in the case of its acts or omissions done with intent to cause damage or recklessly and with knowledge that damage would probably result, ZH shall not be liable for errors or omissions in timetables or other published schedules, or for representations made by employees, agents or representatives of ZH as to the dates or times of departure or arrival or as to the operation of any flight.
10.2 Cancellation, Changes of Schedule
10.2.1 ZH may, without prior notice, cancel, terminate, divert, postpone or delay any flights when circumstances so require:
10.2.2. because of any applicable laws, government regulations, orders, demands or requirements;
a) because of any safety reason for the operation of a flight; or
b) because of any fact beyond its control or not to be foreseen, anticipated or
In such cases ZH will make arrangements in accordance with conditions specified in Article 11 under.
Article 11 Rerouting Top
11.1 Voluntary Rerouting
11.1.1 Voluntary rerouting means any change, to be effected when requested by a passenger after the ticket being issued but before reaching the destination in routing, destination, carrier, class of service, flight or ticket validity specified in the unused portions of the passenger’s ticket.
11.1.2 Voluntary rerouting shall be subject to conditions hereunder;
a) The request thereof shall be made prior to arrive at the destination;
b) The applicable fares and charges of any new ticket reissued for the revised routing shall be those in effect on the date of commencement of the carriage covered by the first flight coupon of the originally ticket;
c) Any difference between fares and charges reassessed for the new ticket and the original fare paid to carrier shall be either collected from passenger or refunded to the passenger.
11.1.3 The period of validity of any new ticket reissued for the revise routing shall be the same as that which is applicable to the original ticket. The calculation of the ticket validity shall be made starting from time zero of the next date of commencement of carriage specified in the first flight coupon of the original ticket;
11.2 Involuntary Rerouting
11.2.1 Involuntary Rerouting means the passenger has to reroute when a Carrier cancels the flight on which the passenger holds a reservation, omit a stop at the point to which the passenger is destined or ticketed to stopover, is unable to operate a flight reasonably according to schedule, or is unable to provide previously confirmed space to the passenger.
11.2.2 In case of involuntary rerouting due to circumstances specified in Article 10.2.1 hereof, ZH with due consideration to the passenger’s reasonable interests, shall either:
a) Carry the passenger by the earliest flight on which space is available;
b) Endorse the flight coupons concerned to another carrier with the approval of the passenger and the relevant carrier;
c) Re-route the passenger to the destination or stopover shown on the ticket or applicable portion thereof by its own scheduled services or the scheduled services of another carrier;
d) Assist the passenger in making arrangements for accommodation, meals and ground transport. The expenses incurred by the passenger shall be payable by the passenger himself or herself.
11.2.3 If the passenger reroute involuntarily due to ZH’s reasons, ZH shall make arrangements in accordance with the regulations specified in Article 11.2 hereof and at the same time offer services such as arrangements for beverages, food, accommodation, meals or other services, which ZH considers necessary. ZH shall be under no further liability including the liability for consequential damage to the passenger.
Article 12 Refunds Top
12.1.1 On failure by ZH to provide carriage in accordance with the contract of carriage, or where a passenger requests a voluntary change of his or her travel arrangements, refund for an unused ticket or portion thereof shall be made by ZH in accordance this Article and with ZH’s Regulations.
12.1.2 Passenger requesting refund for paper ticket shall fill in a refund application form as prescribed by ZH. Except in the case of lost tickets, refunds will only be made on surrender to ZH of the passenger coupon or passenger receipt and surrender of all unused flight coupons.
12.2 Person to Whom Refund Will Be Made
12.2.1 ZH shall be entitled to make refund to the person named in the ticket.
12.2.2 Where a ticket has been surrendered for refund by a person other than the passenger named in the ticket, such person must produce to ZH his or her own effective identification document, and additionally, the effectively identification document copy of such passenger himself or herself and the authorization required by refund procedures.
12.2.3 If a ticket has been paid for by a person other than the passenger named in the ticket, and has indicated on the ticket that refund should be paid only to the person paying for the ticket or to that person’s order ZH shall make a refund according to the indication.
12.2.4 A refund made to anyone presenting the passenger coupon or passenger receipt and all unused flight coupons and holding himself or herself out as a person to whom refund may be made in terms of preceding 12.2.1. 12.2.2 and 3 shall be deemed a proper refund and shall discharge ZH from liability.
12.3 Right to Refuse Refund
12.3.1 Except in the case of a ticket that is not refundable as provided in the fares conditions, request for refund shall be made within the period of ticket validity. ZH reserves the right to refuse refund when application is made later than 30 days after the expiry of the validity of the ticket.
12.3.2 ZH may refuse refund on a ticket which has been presented to ZH or to Government officials of a country as evidence of intention to depart therefrom, unless the passenger establishes to ZH’s satisfaction that he or she has permission to remain in the country or that he or she will depart therefrom by another carrier or another means of transport.
12.4 By Whom Ticket Refundable
Refunds will be made only by ZH or its Agent if so authorized at the office which originally issued the ticket.
All refunds will be subject to Government laws, rules and regulations or orders of the country in which the ticket was originally purchased and of the country in which the refund is being made..ZH reserve the right to make a refund in the same manner and in the same currency as was used to pay for the Ticket.
12.6 Refund to Credit Card or Debit Card Accounts
Refund for Tickets paid with credit cards or debit cards can only be credited to the card account originally used for the Ticket purchase. The refundable amount to be paid by us will be in accordance with the rules within this article only, on the basis of the amount originally paid by you and the currency entered in the Ticket. The refundable amount to be credited to the credit card or debit card account of the card owner can vary from the originally debited amount by the card company for the Ticket due to differences in currency conversion. Such variances do not entitle the recipient of the refund to a claim against us.
12.7 Involuntary Refunds
12.7.1 If the passenger is prevented from using the carriage in accordance with the contract of carriage due to the circumstances prescribed under Article 11.2.1.
12.7.2 The amount of the refund shall be
a) If no portion of the ticket has been used, the amount of refunds equals the fare paid;
b) If a portion of the ticket has been used, the refund will be the higher of:
the one way fare (less applicable discounts and charges) from point of interruption to destination or the point of next stopover, or;
the difference between the fare paid and the fare for the transportation used, and further, the amount of such refund shall in no case exceed the amount equal to the fare originally paid.
12.8 Voluntary Refunds
12.8.1 Voluntary refunds means any refund of an unused ticket or portion thereof other than those set out in this Article 12.6.
12.8.2 The voluntary refunds shall be subject to the regulations hereunder:
a) If no portion of the ticket has been used, the amount of the refund equals the fare paid, less any applicable fees or service charges;
b) If a portion of the ticket has been used, the refund shall be an amount equal to the difference between the fare paid and the applicable fare for travel between the points for which the ticket has been used, less any applicable fees or service charges.
12.9 Refund on Lost Ticket
12.9.1 If a ticket or portion thereof is lost, refund will be made when requested within the prescribed time and on proof of loss satisfactory(including filled application form for lost ticket, a copy of passenger’s passport or ID , a copy of new ticket in case passenger has bought another ticket, and other required documents by ZH) to ZH. Refund will be made 13months after the ticket issuing date or the travel commencement date, on condition:
a) that the lost ticket, or portion thereof, has not been used, previously refunded or replaced;
b) that the person to whom the refund is made undertakes, in refund application form as prescribed by ZH, to repay to ZH the amount refunded in the event and to the extent that the lost ticket or portion thereof is used by any person or that refund thereof is made to any person in possession of the ticket.
12.9.2 Refund of a lost ticket will be made in accordance with 12.8 of this Article.
Article 13 Conduct Aboard Aircraft Top
If the passenger conducts himself or herself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstructs the crew in the performance of their duties, or fails to comply with any instruction of the crew, or behaves in a manner to which other passengers may reasonably object, ZH may take such measures as it deems necessary to prevent continuation of such conduct, including restraint of the passenger.
13.2 Usage of Portable Electronic Devices
In order to avoid affecting the operation of electronic navigation, communication and other aircraft systems, the passenger shall not operate aboard mobile phones, interphones, romote control toys ,other electronic equipments with remote control devices, radio transmitter or other electronic devices which considered as articles can pose risk to aviation safety by the authority and ZH.. During the key phases for flight such as taking off, climbing, descent, approaching and landing the passenger shall not operate electronic games, portable computers (including mouse), radios, CD players, video players ,digital players. The passenger shall not operate any other electronic devices on board without ZH’s permission, except that hearing aids, heart pacemakers, electronic shavers, electronic watches, electronic nerve simulation devices and one- way BP,
13.3 Non-Smoking Flights
All ZH’s flights are non-smoking flights. Smoking is prohibited in all areas of the aircraft.
Article 14 Administrative Formalities Top
14.1.1 The passenger shall be solely responsible for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or over.
14.1.2 ZH shall not be liable for any aid or information given by any agent or employee of ZH to any passenger in connection with obtaining necessary documents or visas or complying with such laws, regulations, orders, demands, and requirements, whether given in writing or otherwise; or for the consequences to any passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules and instructions.
14.1.3 ZH shall not be liable for the consequences to any passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
14.2 Travel Documents
14.2.1 The passenger shall present all exit, entry, health and other documents required by laws, regulations, orders, demands, or requirements of the countries concerned, and permit ZH to take and retain copies thereof.
14.2.2 ZH reserves the right to refuse carriage of any passenger who has not complied with applicable laws, regulations, orders, demands, or requirements, or whose documents do not appear to be in order, or who does not permit ZH to take and retain copies thereof..
14.3 Refusal of Entry
14.3.1 The passenger shall agree to pay the applicable fare whenever ZH, on Government order, is required to return a passenger to his or her point of origin or elsewhere, owing to the passenger’s inadmissibility into a country, whether of transit or of destination.
14.3.2 ZH may apply to the payment of such fare any funds paid to ZH for unused carriage, or any funds of the passenger in the possession of ZH.
14.3.3 The fare collected for carriage to the point of refusal of entry or deportation will not be refunded by ZH.
14.4 Passenger Responsible for Fines, Detention Costs, etc.
14.4.1 If ZH is required to pay or deposit any fine or penalty or to incur any expenditure by reason of passenger’s failure to comply with laws, regulations, orders, demands, and travel requirements of the countries concerned or to produce the required documents, the passenger shall reimburse to ZH any amount so paid or deposited and any expenditure so incurred.
14.4.2 ZH may use towards such expenditure any funds paid to ZH for unused carriage, or any funds of the passenger in the possession of ZH.
14.4.3 To avoid loss, passengers should inform themselves about the regulations of each country passenger intend to travel to, from or through and comply with them.
14.5 Customs Inspection
14.5.1 If required, the passenger shall attend inspection of his or her baggage, checked or unchecked, by customs or other Government officials.
14.5.2 ZH is not liable to the passenger for any loss or damage suffered by the passenger through failure to comply with such requirement.
14.6 Security Inspection
The passenger shall submit to any security checks by Government or airport officials or ZH. ZH is not responsible for any injury caused to passenger during or as a result of such security checks or for any loss or damage to any of passenger personal property as a result of such security checks, unless caused by ZH fault.
Article 15 Successive Carriers Top
Carriage to be performed by several successive air carriers is deemed to be one undivided carriage if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts.
Article 16 Liability for Damage Top
16.1.1 International Carriage performed by ZH is subject to the rules and limitations relating to liability established by the Convention, unless such carriage is not international carriage to which the Convention applies.
16.1.2 International Carriage performed by ZH is subject to the provisions governing liability of the carrier set out in “The Civil Aviation Law of the People’s Republic of China” and its relevant regulations.
1) These Conditions of Carriage govern ZH’s liability to passenger. The Conditions of Carriage of each other Carrier involved in passenger’s journey govern its liability to passenger.
2) ZH is not liable for damage to unchecked baggage or other property unless such damage is caused by the negligence of ZH. If there has been contributory negligence on the part of the passenger, ZH’s liability shall be subject to the applicable law relating to contributory negligence;
3) ZH is not liable for any damage arising from its compliance with any laws or Government regulations, orders or requirements, or from failure of the passenger to comply with the same;
4) International Carriage as defined in the Convention, is subject to the liability rules of the Convention. Where International Carriage is not subject to the liability rules of the Convention, ZH’s liability for any Damage with respect to the carriage of Passengers and Baggage, shall be as set forth in the related International Convention.
5) ZH’s liability shall not exceed the amount of proven damages. ZH shall furthermore not be liable for indirect or consequential damages;
6) ZH is not liable for injury to a passenger or for damage to passenger’s baggage caused by property contained in such passenger’s baggage. Any passenger whose property causes injury to another person or damage to another person’s property or to the property of ZH shall indemnify ZH for all losses and expenses incurred by ZH as a result thereof;
7) ZH is not liable for damage to fragile or perishable items, money, jewellery, precious metals, gold, silverware, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or sample, which are included in the passenger’s checked baggage;
8) If a passenger is carried whose age or mental or physical condition is such as to involve any hazard or risk to himself or herself, ZH shall not be liable for any illness, injury or disability, including death, attributable to such condition or for the aggravation of such condition;
9) Any exclusion or limitation of liability of ZH shall apply to and be for the benefit of agents, employees and representatives of ZH and any person whose aircraft is used by ZH and such person’s agents, employees and representatives. The aggregate amount recoverable from ZH and from such agents, employees, representatives and person shall not exceed the amount of ZH’s limit of liability.
10) Unless so expressly provided nothing herein contained shall waive any exclusion or limitation of liability of ZH under the Convention or applicable laws.
Article 17 Time Limitation on Claims and Actions Top
17.1 Notice of Claims
No action shall lie in the case of damage to checked baggage unless the person entitled to delivery complaints to ZH 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, unless the complaint is made at the latest within twenty-one (21) days from the date on which the baggage has been placed at his or her disposal. Every complaint must be made in writing and dispatched within the times aforesaid. If no complaint is made within the limited time above, no action shall lie against us.
17.2 Time Limitation of Actions
Any right to damages shall be extinguished if an action is not brought within two years reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
Article 18 Other Conditions Top
18.1 Modification and Waiver
ZH has the right to alter, modify or waive any provision of its Conditions of Carriage, regulations, fares and charges in accordance with the procedures of The Civil Aviation Administration of China without notice. The conditions modified do not apply for the carriage undertaken before the modification.
No Agent, employee or representative of ZH has authority to alter, modify or waive any provision of these Conditions of Carriage.
18.2 Validity of Heading
All headings contained herein, including but not limited to Article headings and Paragraph head