Guidelines for Carriage for Passenger and Baggage on China-Canada flights
1. Applicable flights
This 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 from, to, or stop over in Canada, which include connecting flights and charter flights purchased for resale to the public.
2. Denial of Boarding
(1) Definition of denial of boarding:
Denial of boarding, means that when a passenger is not permitted to occupy a seat on board 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, hold a confirmed reservation and valid travel documentation and are present at the boarding gate at the required boarding time.
(2) Customer Service Standards for denial of boarding
A. When denial of boarding that is within the Company’s control (except for safety purposes)
(a) Request for volunteers at the boarding gate
Before denying boarding to any passenger, the Company will ask all passengers if they are willing to give up their seat.
If the Company find a passenger willingly giving up his/her seat and accepting the benefit as in exchange for the seat, the Company will provide the passenger with a written confirmation of benefit before the flight departs.
(b) Confirm the passengers who will be denied boarding
When the Company selects and confirms the passengers who will be denied boarding at the boarding gate, we will give priority for boarding to passengers in the following order:
(i) an unaccompanied minor;
(ii)a person with a disability and their accompanied person, service 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.
(c) 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 compensation to which the passengers are entitled for the inconvenience, food and drink, accommodation and communication provided by the Company, and their recourse available against the Company or the Canadian Transportation Agency.
(d) Provide food and drink, accommodation and communication
Before a passenger boards the flight reserved as part of an alternate travel arrangement, the Company will provide the passengers denied boarding with the following treatment free of charge: food and drink in reasonable quantities, access to a means of communication, accommodation for passengers who will be required to wait overnight for a flight reserved as alternate travel arrangements (including transportation to the hotel or other accommodation and back to the airport). The Company may limit or refuse to provide the treatment mentioned above, if providing the treatment mentioned above would further delay the passenger.
(e) Provide alternate travel arrangements free of charge
(i) Provide a confirmed reservation for flight that is operated by China Eastern Airlines, Shanghai Airlines, or other carrier with which China Eastern Airlines or Shanghai Airlines has a commercial agreement and is travelling to the destination that is indicated on the passenger’s original ticket and departs within nine hours of the departure time that is indicated on that original ticket,
(ii) Provide 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 and departs within 48 hours of the departure time that is indicated on that original ticket if the Company cannot provide a confirmed reservation that complies with sub-paragraph (i), or
(iii) Provide a 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, if the Company cannot provide a confirmed reservation that complies with sub-paragraphs (i) or (ii).
(iv) To the extent possible, the alternate travel arrangements would provide class of service and baggage allowance that are comparable to those of the original ticket. If the alternate travel arrangements offered in accordance with subsection (i), (ii) and (iii)do not accommodate the passenger’s travel needs, the Company will refund the unused portion of the original ticket. In the case where the passenger is no longer at the point of origin that is indicated on the ticket and the travel no longer serves a purpose because of the denial of boarding, in order to accommodate the passenger’s travel needs, the Company will refund the ticket and provide the passenger with a confirmed reservation that is for a flight to that point of origin.
(v) The alternate travel arrangements would provide class of service that are the same as those of the original ticket. If the alternate travel arrangements provide for a higher class of service than the original ticket, the passenger do not need to pay supplementary payment; and 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 according to Involuntary Down-grade Procedure.
(vi)Passengers can apply for a refund of the cost of any additional services purchased by 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 ticket or additional service.
(f) Compensation for denial of boarding
When denial of boarding that is within the Company’s control (except for safety purposes), the Company will provide the following compensation according to the length of delay.
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.
(i)Standards of compensation
If the length of delay is less than six hours, the minimum compensation is 900 CAD; if the length of delay is six hours or more but less than nine hours, the minimum compensation is 1,800 CAD; and if the length of delay is nine hours or more, the minimum compensation is 2,400 CAD.
(ii)Payment and Forms of compensation
The company will provide the 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 form of compensation should be money; And if the passenger has agreed, accepted and signed the written confirmation, he/she could also choose another form of compensation (the other form of compensation does not expire).
If the compensation is paid before the arrival of the flight reserved as part of alternate travel arrangements at the destination that is indicated on their tickets, that compensation is determined based on the flight’s expected arrival time. If the arrival of the passenger’s flight at the destination that is indicated on their original ticket is after the time it was expected to arrive when the compensation was paid or confirmed in writing and the amount that was paid or confirmed no longer reflects the amount due in accordance with subsection (i), the Company will adjust the amount of the compensation accordingly.
B. When denial of boarding in the situations outside Company’s control
(a) Situations outside Company’s control, including but not limited to the following:
(a) war or political instability;
(b) illegal acts or sabotage;
(c) meteorological conditions or natural disasters that make the safe operation of the aircraft impossible;
(d) instructions from air traffic control;
(e) a NOTAM, as defined in subsection 101.01(1) of the Canadian Aviation Regulations;
(f) a security threat;
(g) airport operation issues;
(h) a medical emergency;
(i) a collision with wildlife;
(j) 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);
(k) 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
(l) an order or instruction from an official of a state or a law enforcement agency or from a person responsible for airport security.
A denial of boarding that is directly attributable to an earlier delay or cancellation that is due to situations outside Company’s control, is considered to also be due to situations outside the Company’s control if the Company took all reasonable measures to mitigate the impact of the earlier flight delay or cancellation. In this situation, the customer service standards are implemented in accordance with this section .
(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, the compensation to which the passengers are entitled for the inconvenience, food and drink, accommodation and communication provided by the Company, and their recourse available against the Company or the Canadian Transportation Agency. Any new information, if any, would be provided to the passengers as soon as feasible.
(c) Alternate arrangements
(i) Provide a confirmed reservation for flight that is operated by China Eastern Airlines, Shanghai Airlines, or other carrier with which China Eastern Airlines or Shanghai Airlines has a commercial agreement and is travelling on any reasonable air route to the destination that is indicated on the passenger’s original ticket and departs within 48 hours of the departure time that is indicated on that original ticket,
(ii) Provide a 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, if the Company cannot provide a confirmed reservation that complies with sub-section(i).) If the new departure is from an airport other than the one at which the passenger is located, the Company will provide transportation for passenger to that other airport;
(iii) To the extent possible, the alternate travel arrangements will provide for the same class of services that are comparable to those of the original ticket. If the alternate travel arrangements provide for a higher class of service than the original ticket, the passenger do not need to pay supplementary payment
C. When denial of boarding that is within the Company’s control but is required for safety purposes.
(a) Scope of application
(i) It applies to this section when there is a denial of boarding that is within the Company’s control but is required for safety purposes.
(ii) A denial of boarding that is directly attributable to an earlier delay or cancellation that is within the Company’s control but is required for safety purposes, is considered to also be within the Company’s control but required for safety purposes if that carrier took all reasonable measures to mitigate the impact of the earlier flight delay or cancellation. In this situation, the customer service standards are implemented in accordance with this section .
(b) Customer Service Standards
When denial of boarding that is within the Company’s control but is required for safety purposes, the Company will provide the treatment to passengers in accordance with section When denial of boarding that is within the Company’s control (except for safety purposes) sub-sections (a) to (e) in this guidelines.
3. Tarmac delay obligations
(a) 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.
(b) Standards of treatment
(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; and
(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, we would provide an opportunity for passengers to disembark if the length of Tarmac Delay is three hours or more. If it is feasible, the Company would give passengers with disabilities and their accompanied person, service animal, if any, the opportunity to disembark first.
The Company could not provide an opportunity for passengers to disembark if in the following situations.
(i) 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 sub-sections (i) to (v) mentioned above, the Company could not provide an opportunity for passengers to disembark.
(ii) 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.
4. Carriage for Baggage
(a) Lost or damaged baggage
If baggage is lost for more than 21 days or is damaged, the Company would provide compensation in accordance with as follows:
(i) in cases where the Carriage by Air Act applies, the compensation payable in accordance with that Act, and
(iii) in cases where the Carriage by Air Act does not apply, the amount that would be payable by the carrier for lost or damaged baggage in accordance with the Convention for the Unification of Certain Rules for International Carriage by Air.
(b) Temporary loss
If baggage is lost for 21 days or less, the Company would provide compensation no less than the following standards:
(i) in cases where the Carriage by Air Act applies, the compensation payable in accordance with that Act, and
(ii) 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.
5. 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.
(a) Accepted as Carry-on Baggage
If weight and size of your small musical instrument meets the Company’s rules for Carry-on Baggage, it could be accepted as your carry-on baggage item, bring into the cabin and be easily fit in the overhead bin. If the carry-on baggage overflows with no more space to store the instrument, the instrument will be transported as express-baggage.
(b) Accepted as Checked Baggage
When the musical instrument is accepted as Checked Baggage, one musical instrument and its package are considered as one set of musical instrument.
(i)Weight concept Baggage
The weight of both musical instrument and its package are considered as the weight of the instrument. Excess baggage fees will be charged on the basis of total excess part of the weight of the instrument plus the weight of the other baggage.
(ii)Piece concept Baggage
l For each passenger, only one set of musical instrument could be included in free baggage allowance.
One set of musical instrument is considered as one piece of baggage. If the set of musical instrument exceed standard checked-baggage allowance, of which the weight and size of the set of musical instrument meets the Company’s rules for checked-baggage, over-piece baggage fees will apply to the item in accordance with the highest Over-piece baggage rate published by the Company.
Overweight baggage fees will apply for items in accordance with the standard baggage fees rules.
l Oversized baggage fees will not apply for items.
(c) Accepted as Cabin Baggage(CBBG)
If your instrument meets the rules for CBBG, passenger bring the musical instrument into the cabin after purchasing CBBG service and stow the instrument in the seat for CBBG.
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).
6. Notice
The Company will provide the latest information to the passengers who are affected by a flight cancellation or delay and provide the standard of treatment to passengers as follows:
Please refer to General Conditions of International Carriage for Passenger and Baggage- Article 9.
7. Others
This guidelines are the specific standards made for passenger and baggage protection on China-Canada flight, based on Canadian Air Passenger Protection Regulations ,effective as of July 15th, 2019. The matters not covered in this guidelines shall be implemented in accordance with General Conditions of International Carriage for Passengers and Baggage.