Guidelines for Carriage for Passenger and Baggage on China-Canada flights

Published   2019-12-13

Guidelines for Carriage for Passenger and Baggage on China-Canada flights

1. APPLICABLE FLIGHTS

These Guidelines apply to all flights operated by China Eastern Airlines Co., Ltd. and Shanghai Airlines Company Limited (hereafter collectively referred to as the "Company") that fly to, from and within Canada. This includes certain connecting flights and charter flights purchased for resale to the public.  

2. DENIAL OF BOARDING

(1) Definition of “Denial of Boarding”:

There is a denial of boarding when a passenger has a valid ticket, but is not permitted to occupy a seat onboard a flight because the number of seats that may be occupied on the flight is less than the number of passengers who have checked in by the required time, and the passenger holds a confirmed reservation and valid travel documentation, and is present at the boarding gate at the required boarding time. 

(2) Customer Service Standards for Denial of Boarding 

A. When denial of boarding is within the Company’s control (except for safety purposes) 

(a) Provide information

The Company will provide the following information to passengers affected by a denial of boarding: the reason for the denial of boarding; the compensation and standards of treatment they may be entitled to for the inconvenience; and any recourses available to them.

       (b) Request for volunteers 

Before denying boarding to any passenger, the Company will look for volunteers who are willing to give up their seat.  If the Company finds a passenger willing to give up their seat in exchange for a benefit, the Company will provide the passenger with written confirmation of the benefit and the volunteering passenger must agree to the benefit received in writing prior to the departure of the flight. 

(c) Boarding priorities

In the event there are not enough volunteers, the Company will select the passengers who will be denied boarding, giving priority for boarding to passengers in the following order:

(i) an unaccompanied minor;

(ii)a person with a disability and their support person, service animal or emotional support animal, if any;

(iii) a passenger who is travelling with family members; and

(iv) a passenger who was previously denied boarding on the same ticket. 

(d) Provide food and drink, accommodation and communication

If a passenger is denied boarding, the Company will, when feasible, provide the following before the passenger boards the flight reserved as part of an alternate travel arrangement, unless this would further delay the passenger:  food and drink in reasonable quantities, considering the length of the wait, the time of day and location; access to a means of communication; hotel or comparable accommodation for passengers who will be required to wait overnight that is a reasonable distance from airport, as well as transportation to the hotel or other accommodation and back to the airport. 

(e) Provide alternate travel arrangements

(i) The Company will provide the passenger with a confirmed reservation on the next available flight that is operated by China Eastern Airlines, Shanghai Airlines, or other carrier with which the Company has a commercial agreement with, taking any reasonable route out of the same airport to the passenger’s original destination and departs within nine hours of the departure time that is indicated on the passenger’s original ticket.

(ii) If the Company is unable to provide a confirmed reservation that complies with the above, the Company will provide the passenger with a confirmed reservation on a flight that is operated by any carrier travelling on any reasonable route to the passenger’s original destination and departs within 48 hours of the departure time that is indicated on the passenger’s original ticket.

(iii) If the Company is unable to provide a confirmed reservation that complies with subsections (i) and (ii) above, the Company will provide transportation to another airport that is within a reasonable distance of the airport at which the passenger is located and will provide a confirmed reservation for a flight that is operated by any carrier and is travelling on any reasonable route to the destination that is indicated on the passenger’s original ticket.

(iv) If the alternative arrangements offered in subsections (i) to (iii) do not accommodate the passenger’s travel needs, the passenger is entitled to a refund of the unused portion of the original ticket. In the case where the disruption has caused the passenger’s travel to no longer serve a purpose and the passenger is no longer at the point of origin on their original ticket, the Company will refund the original ticket and provide the passenger with a confirmed reservation for a flight back to that point of origin.

(v) To the extent possible, the Company will provide alternate travel arrangements comparable to the ones the passenger originally purchased in terms of the class of service and added services purchased. If the alternate travel arrangements provide for a lower class of service than the original ticket, the Company will refund the difference in the cost of the applicable portion of the ticket in accordance with the Company’s Involuntary Downgrade Procedure.

(vi) Passengers may apply for a refund of the cost of any additional services purchased by or for a passenger in connection with their original ticket if the passenger did not receive those services on the alternate flight; or if the passenger paid for those services a second time.

(vii)Refunds under this section will be paid by the method used for the original payment and to the person who purchased the additional service. 

(f) Compensation for denial of boarding

(i) If a passenger is denied boarding because of events within the Company’s control (except for safety purposes), the passenger will be compensated in accordance with the Air Passenger Protection Regulations (Canada). Compensation for denied boarding will be determined based on the estimated arrival time at destination and is: CAD$900, if delayed by less than six hours; CAD$1800, if delayed between 6 and 9 hours; and CAD$2,400, if delayed by 9 hours or more.

(ii) The Company will provide compensation to the passenger as soon as it is operationally feasible, but not later than 48 hours after the time of the denial of boarding. The Company will offer passengers their compensation in monetary form; and if passenger has agreed, accepted and signed the written confirmation, passenger could also choose another form of compensation. The Company must base the amount of compensation on the expected time of arrival.  If the actual time of arrival is different, the Company must adjust the compensation amount owed according to the actual time of arrival. 

B. When denial of boarding is outside the Company’s control 

(a) Situations outside the Company’s control

Situations outside the Company’s control, include but are not limited to the following:

(i) war or political instability;

(ii) illegal acts or sabotage;

(iii) meteorological conditions or natural disasters that make the safe operation of the aircraft impossible;

(iv)  instructions from air traffic control;

(v)  a NOTAM, as defined in subsection 101.01(1) of the Canadian Aviation Regulations;

(vi)  a security threat;

(vii) airport operation issues

(viii) a medical emergency;

(ix) a collision with wildlife;

(x) a labour disruption within the carrier or within an essential service provider such as an airport or an air navigation service provider(e.g. Strikes);

(xi) a manufacturing defect in an aircraft that reduces the safety of passengers and that was identified by the manufacturer of the aircraft concerned, or by a competent authority; and

(xii)  an order or instruction from an official of a state or a law enforcement agency or from a person responsible for airport security.

 (b) Provide information

The Company will provide the following information to the passengers who are affected by a denial of boarding: the reason for the denial of boarding and any recourses available to them.

(c) Provide alternate travel arrangements

(i) The Company will provide the passenger with a confirmed reservation on a flight that is operated by China Eastern Airlines, Shanghai Airlines, or other carrier with which the Company has a commercial agreement with, and is travelling on a reasonable route from the airport where the passenger is located to the destination that is indicated on the passenger’s original ticket, and departs within 48 hours of the end of the event that caused the denial of boarding;

(ii) If the Company is unable to provide the passenger with a confirmed reservation that complies with subsection (i) above, the Company will provide a confirmed reservation for a flight that is operated by any carrier travelling on any reasonable route from the airport at which the passenger is located, or another airport that is within a reasonable distance of that airport, to the destination that is indicated on the passenger’s original ticket. If the new departure is from an airport other than the one at which the passenger is located, the Company will provide transportation to that other airport.

(iii) To the extent possible, the Company will provide alternate travel arrangements comparable to the ones the passenger originally purchased in terms of the class of service. 

C. When denial of boarding is within the Company’s control but is required for safety purposes. 

(a)Provide information

The Company will provide the following information to the passengers who are affected by a denial of boarding: the reason for the denial of boarding, the standards of treatment they may be entitled to for the inconvenience and any recourses available to them. 

(b)Standards of Treatment

The Company will provide the standards of treatment to passengers described under subsections (b) to (e) of the section entitled “When denial of boarding is within the Company’s control (except for safety purposes)”.  

D. Earlier flight disruption

Denial of boarding that is directly attributable to an earlier delay or cancellation that is due to situations within the Company’s control (except for safety purposes)，outside the carrier’s control, or within the Company’s control (for safety purposes) , is considered to also be due to situations within the Company’s control (except for safety purposes)，outside the carrier’s control, or within the Company’s control (for safety purposes) if the Company took all reasonable measures to mitigate the impact of the earlier flight delay or cancellation. 

3. DELAY OR CANCELLATION

(1) When the delay or cancellation is within the Company’s control (except for safety purposes) 

(a) Provide information

The Company will provide the following information to passengers who are affected by a delay or cancellation of a flight: the reason for the delay or cancellation; the compensation and standards of treatment they may be entitled to for the inconvenience; and any recourses available to them. During flight delays, the Company will also provide regular flight status updates until a new departure time or flight arrangement has been confirmed. The Company will make the communications available in a format that is accessible to persons with disabilities. 

(b) Provide food and drink, accommodation and communication

If a passenger is informed of the delay or cancellation less than 12 hours before the departure time that is indicated on their original ticket, and has waited two hours after the departure time, the Company will, when feasible, provide the passengers with the following, unless this would further delay the passenger: food and drink in reasonable quantities, considering the length of the wait, the time of day and location; access to a means of communication; hotel or comparable accommodation for passengers who will be required to wait overnight that is reasonable distance from airport, as well as transportation to the hotel or other accommodation and back to the airport.

 (c) Provide alternate travel arrangements

If a flight is cancelled or delayed for three hours or more, the Company will offer the affected passengers alternative travel arrangements in the following manner:  

(i) Provide a confirmed reservation for the next available flight operated by China Eastern Airlines, Shanghai Airlines, or other carrier with which the Company has a commercial agreement with, taking any reasonable route out of the same airport to the passenger's final destination, which departs within nine hours of the departure time indicated on the passenger's original ticket.

(ii) If the Company cannot provide a confirmed reservation that complies with subsection (i) above, the Company will provide a confirmed reservation for a flight that is operated by any carrier on any reasonable route travelling to the destination indicated on the passenger’s original ticket which departs within 48 hours of the departure time indicated on that original ticket.

(iii) If the Company cannot provide a confirmed reservation that complies with subsections (i) or (ii) above, the Company will provide transportation to another airport that is within a reasonable distance of the airport at which the passenger is located and a confirmed reservation for a flight that is operated by any carrier and is travelling to the destination that is indicated on the passenger’s original ticket.

(iv) If the alternate travel arrangements offered in accordance with subsection (i), to (iii) above do not accommodate the passenger’s travel needs, the passenger is entitled to a refund of the unused portion of the original ticket. In the case where the disruption has caused the passenger’s travel to no longer serve a purpose and the passenger is no longer at the point of origin on their original ticket, the Company will provide the passenger with a confirmed reservation back to the point of origin on the ticket and refund the full amount of the original ticket.

(v) To the extent possible, the Company will provide alternate travel arrangements comparable to the ones the passenger originally purchased in terms of the class of service and added services purchased. If the alternate travel arrangements provide for a lower class of service than the original ticket, the Company will refund the difference in the cost of the applicable portion of the ticket in accordance with the Company’ Involuntary Down-Grade Procedure.

(vi) Passengers may apply for a refund of the cost of any additional services purchased by or for a passenger in connection with their original ticket if the passenger did not receive those services on the alternate flight; or if the passenger paid for those services a second time.

(vii) Refunds under this section will be paid by the method used for the original payment and to the person who purchased the additional service. 

(d) Compensation for delay or cancellation

(i) Compensation for delay or cancellation

If the passenger is informed 14 days or less before the departure time on their original ticket that the arrival of their flight at the destination that is indicated on that original ticket will be delayed, and the reason for the delay is within the Company’s control (except for safety purposes), the Company will provide the following compensation according to the length of delay:

· If the length of delay is three hours or more but less than six hours, the compensation is CAD$400,

· If the length of delay is six hours or more but less than nine hours, the compensation is CAD$700,

· If the length of delay is nine hours or more, the compensation is CAD$1000.

The length of delay refers to the time period during which the arrival time of the passenger’s original flight at the destination that is indicated on the original ticket is delayed, comparing with the actual arrival time of the passenger’s alternate flight at the destination that is indicated on the original ticket.

(ii) Refunds instead of alternate travel arrangements

If the alternate travel arrangements do not meet a passenger's travel needs and the passenger chooses a ticket refund instead of alternate travel arrangements, the Company will provide that passenger compensation of CAD$400. 

(e) Deadline to file request

A passenger must file a request for compensation with the Company before the first anniversary of the day on which the flight delay or flight cancellation occurred. The Company will provide the compensation or an explanation as to why compensation is not payable within 30 days after the day on which it receives the request. 

(2) When the delay or cancellation is outside the Company’s control 

(a) Situations outside Company’s control

Situations outside the Company’s control, include but are not limited to the following: (i) war or political instability;

(ii) illegal acts or sabotage;

(iii) meteorological conditions or natural disasters that make the safe operation of the aircraft impossible;

(iv)  instructions from air traffic control;

(v)  a NOTAM, as defined in subsection 101.01(1) of the Canadian Aviation Regulations;

(vi)  a security threat;

(vii) airport operation issues

(viii) a medical emergency;

(ix) a collision with wildlife;

(x) a labour disruption within the carrier or within an essential service provider such as an airport or an air navigation service provider(e.g. Strikes);

(xi) a manufacturing defect in an aircraft that reduces the safety of passengers and that was identified by the manufacturer of the aircraft concerned, or by a competent authority; and

(xii)  an order or instruction from an official of a state or a law enforcement agency or from a person responsible for airport security. 

(b) Provide information

The Company will provide the following information to the passengers who are affected by a delay or cancellation of the flight: the reason for the delay and cancellation and any recourses available to them. During flight delays, the Company will also provide regular flight status updates until a new departure time or flight arrangement has been confirmed. The Company will make the communications available in a format that is accessible to persons with disabilities. 

(c) Provide alternate travel arrangements

If a flight is cancelled or delayed for three hours or more, the Company will provide the passengers alternative travel arrangements in the following manner:

(i) Provide a confirmed reservation for the next available flight operated by China Eastern Airlines, Shanghai Airlines, or other carrier with which the Company has a commercial agreement with, taking any reasonable route out of the same airport to the passenger's final destination, which departs within 48 hours of the end of the event that caused the delay or cancellation.

(ii) if the Company cannot provide a confirmed reservation that complies with sub-paragraph (i) above, the Company will provide transportation to another airport that is within a reasonable distance of the airport at which the passenger is located and a confirmed reservation for a flight that is operated by any carrier and is travelling to the destination that is indicated on the passenger’s original ticket.

(iii) To the extent possible, the Company will provide alternate travel arrangements comparable to the ones the passenger originally purchased in terms of the class of service.  

(3) When the delay or cancellation is within the Company’s control but is required for safety purposes.

 (a) Provide Information 

The Company will provide the following information to the passengers who are affected by a delay or cancellation of a flight: the reason for the delay or cancellation, the standards of treatment they may be entitled to for the inconvenience; and any recourses available to them. During flight delays, the Company will also provide regular flight status updates until a new departure time or flight arrangement has been confirmed. The Company will make the communications available in a format that is accessible to persons with disabilities.

 (b) Standards of Treatment

When the delay or cancellation is within the Company’s control but is required for safety purposes, the Company will provide the treatment to passengers in accordance with subsections (b) and (c) of the section entitled “When the delay or cancellation is within the Company’s control (except for safety purposes)”.  

(4)  Earlier flight disruption

A delay or cancellation that is directly attributable to an earlier delay or cancellation that is due to situations within the Company’s control (except for safety purposes)，outside the carrier’s control, or within the Company’s control (for safety purposes) , is considered to also be due to situations within the Company’s control (except for safety purposes)，outside the carrier’s control, or within the Company’s control (for safety purposes) if the Company took all reasonable measures to mitigate the impact of the earlier flight delay or cancellation. 

4. ASSIGNMENT OF SEATS TO PASSENGERS UNDER THE AGE OF 14 YEARS

(1) Scope of application

When the Company becomes aware that a passenger who is a parent, guardian or tutor will be travelling with a child under the age of 14, the Company will, at the earliest opportunity, facilitate the assignment of a seat to such child, which is in close proximity to their accompanying adult. 

(2) Standards of seats assignment

The proximity of the child to their accompanying adult depends on the age of the child:

· for passengers under the age of 5, the Company will facilitate the assignment of a seat that is adjacent to their accompanying adult;

· for passengers aged 5 to 11, the Company will facilitate the assignment of a seat that is in the same row as their accompanying adult and separated by no more than one seat; and

· for passengers aged 12 or 13, the Company will facilitate the assignment of a seat that is in a row that is separated from the row of their accompany adult’s seat by no more than one row. 

5. Tarmac delay obligations

(1) Definition of Tarmac Delay

“Tarmac Delay” means that a flight is delayed on the tarmac after the doors of the aircraft are closed for take-off or after the flight has landed.  

(2) Standards of treatment

The Company will provide:

(i) if the aircraft is equipped with lavatories, access to those lavatories in working order;

(ii) proper ventilation and cooling or heating of the aircraft;

(iii) if it is feasible to communicate with people outside of the aircraft, the means to do so;

(iv) food and drink, in reasonable quantities, taking into account the length of the delay, the time of day and the location of the airport;

(v) facilitate access to that assistance, if a passenger requires urgent medical assistance while the flight is delayed on the tarmac;

(vi) if a flight is delayed on the tarmac at an airport in Canada, provide an opportunity for passengers to disembark if the length of Tarmac Delay is three hours or more. If it is feasible, the Company will give passengers with disabilities and their accompanied person, service animal, if any, the opportunity to disembark first. 

The Company may not provide an opportunity for passengers to disembark in the following situations:

If the length of Tarmac Delay is three hours or more, however, it is likely that take-off will occur less than three hours and 45 minutes after the doors of the aircraft are closed for take-off or after the flight has landed and the Company is able to continue to provide the standard of treatment referred to in subsections (i) to (v) mentioned above, the Company could not provide an opportunity for passengers to disembark; or

If providing an opportunity for passengers to disembark is not possible, including if it is not possible for reasons related to safety and security or to air traffic or customs control. 

6. LOST, DELAYED OR DAMAGED BAGGAGE

(1) Lost or damaged baggage

If baggage is lost for more than 21 days or is damaged, the Company will provide compensation equal to or greater than the sum of:

(a) in cases where the Carriage by Air Act applies, the compensation payable in accordance with that Act, and

(b) in cases where the Carriage by Air Act does not apply, the amount that would be payable in accordance with the Convention for the Unification of Certain Rules for International Carriage by Air.

(2) Temporary loss

If baggage is lost for 21 days or less, the Company will provide compensation equal to or greater than the sum of:

(a)in cases where the Carriage by Air Act applies, the compensation payable in accordance with that Act, and

(b) in cases where the Carriage by Air Act does not apply, the amount that would be payable by the carrier for delay in the carriage of baggage in accordance with the Convention for the Unification of Certain Rules for International Carriage by Air. 

7. MUSICAL INSTRUMENTS

Musical instruments are accepted as carry-on baggage, checked baggage, or cabin baggage (CBBG). In order to keep your instrument safe, please prepare the package of the instrument in advance.  

(1) Accepted as Carry-on Baggage

Small musical instrument can be taken in the cabin for the passenger’s flight as Carry-on Baggage if the weight and size of the small musical instrument meets the Company’s rules for Carry-on Baggage and the instrument fits in an overhead bin or under the seat in front. If the carry-on baggage overflows with no more space to store the instrument, the instrument will be transported as checked baggage. Carry-on Baggage is subject to space limitations, so passengers must come prepared to check in their instrument as checked baggage if necessary. 

(2) Accepted as Checked Baggage

When a musical instrument is accepted as Checked Baggage, “Musical Instrument” means one musical instrument and its packaging. 

A. Weight of the musical instrument

The weight of Musical Instrument includes the weight of its packaging (the “Instrument Weight”). Excess baggage fees will be charged based on total excess weight, calculated by adding the Instrument Weight plus the weight of any other baggage.

B. Musical instrument consists of one piece

(a) For each passenger, only one set of musical instrument is included in free baggage allowance.

(b) Over-piece baggage

A Musical Instrument is considered one piece of baggage. If the Musical Instrument exceeds standard checked-baggage allowance, of which the Instrument Weight and dimensions of the Musical Instrument meet the Company’s rules for checked-baggage, over-piece baggage fees will apply to the Musical Instrument in accordance with the highest over-piece baggage rate published by the Company.

(c) Overweight baggage

Overweight baggage fees will apply to a Musical Instrument in accordance with the standard baggage fees rules.

(d) Oversized baggage fees will not apply to Musical Instruments. 

(3) Accepted as Cabin Baggage(CBBG)

If the Musical Instrument meets the rules for CBBG, the passenger may bring the Musical Instrument into the cabin after purchasing the CBBG service and stow the instrument in the purchased seat included in the CBBG service.

Notice: Please refer to Notes for Baggage on China Eastern website or contact our Customer Service Hotline 95530 for more information about China Eastern rules for the size and weight limitations of Checked-Baggage, Carry-on Baggage, and Cabin Baggage (CBBG). 

8. OTHERS 

These guidelines provide specific standards made for passenger protection on China-Canada flights, based on the Canadian Air Passenger Protection Regulations (Canada) , effective as of December 15th, 2019. The Company will provide the standard of treatment to passengers in accordance with the Air Passenger Protection Regulations (Canada).  

For more information on the Air Passenger Protection Regulations (Canada), please visit the links below:

· http://www.gazette.gc.ca/rp-pr/p2/2019/2019-05-29/html/sor-dors150-eng.html#footnote.52516 

Please note that these guidelines may be amended from time to time.