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Chengdu Tianfu International Airport
An elderly man with cancer was denied boarding during check-in,
Raise concerns.
01
Is it "cold-blooded" or should it be "according to the regulations"?
On September 12, a cancer passenger was denied boarding while checking in at Chengdu Tianfu International Airport. According to live video taken by bystanders, passengers who were denied boarding were suspected of suffering from cancer for four months.
Video from the scene shows that at about 9:45 on the same day, at the boarding gate of flight EU2205, an elderly man was sitting in a wheelchair, and a man suspected of being a family member and an elderly woman were sitting on the ground. The man shouted to the staff: "The promise is bookmarked, the hospital certificate is also written, I also brought a nurse, you don't let me go." ”
Later, the man was suspected of talking to another staff member of the airline, "There is cancer, four months, before you said that there is no heart disease, no respiratory disease, no traumatic wounds, you can do it." ”
After that, the reporter called Chengdu Airlines Co., Ltd., and the customer service responded that if the passenger had early and mid-stage cancer, it could be carried, but if the other party was advanced cancer, it would not be carried due to the airlift environment and medical facilities of the aircraft.
For this provision, some netizens think that it is "cold-blooded" and think that passengers have fallen ill, and the airline's move is inevitably a little unkind; Another netizen said that since he signed an exemption agreement according to the man concerned, "For example, cancer patients must take a plane, promising that they will bear full responsibility for the consequences, so the rules of refusal to board are not very understandable." Some netizens believe that aviation service is a market behavior, customers have the right to choose merchants, merchants also have the right to choose customers, since there are regulations, they should be complied with.
02
Can cancer patients fly?
After interviewing and combing by reporters, it was found that most domestic airlines did not make clear regulations on whether cancer patients could fly.
A number of airlines say cancer patients can fly after issuing a diagnosis certificate suitable for flying.
On September 13, a staff member of the customer service hotline of China Southern Airlines said that there are no corresponding regulations for cancer passengers, and there is no need to apply for special procedures, but passengers need to follow the doctor's instructions and issue a certificate of fitness to fly. "The airline cannot guarantee the passenger's own physical condition." The staff member said.
A staff member of China Eastern Airlines' customer service hotline said that for such patients, the specific need to see the hospital's judgment, if the hospital issues a certificate that they can fly, passengers can take the flight normally. "There is no clear rule on our side that patients with advanced cancer cannot take the flight, and we need to ask the hospital if it is suitable to fly."
A staff member of Air China's customer service hotline also said that there was no clear rule, and that it was necessary to consult a doctor, and it was recommended that the doctor issue a certificate of fitness to fly.
In addition, Shenzhen Airlines and Sichuan Airlines both stipulate that for injured and sick passengers, they need to consult a doctor whether they are suitable to travel and carry a medical certificate.
Among them, Shenzhen Airlines stipulates that the diagnosis manual must be issued within 10 days of the departure time, have the seal of the examination hospital and the signature of the doctor, and have the words "XX days before the flight" to be valid. If the on-site staff deems it necessary in their reasonable judgment, they may require the passenger to undergo an inspection by the airport emergency center to confirm whether the passenger is fit to fly.
According to the official website of Xiamen Airlines, sick passengers fall under the category of "restricted transportation" and will only be carried under the conditions stipulated by Xiamen Airlines and relevant carriers, with the prior consent of Xiamen Airlines and relevant carriers and arrangements when necessary. For safety reasons, Xiamen Airlines controls the number of passengers transported (served) on each flight.
Some senior aviation industry insiders said that the aircraft in the high-altitude environment may cause certain impact or discomfort to some injured and sick passengers, according to the relevant regulations of the Civil Aviation Administration, aviation has the right to refuse transportation to injured and sick passengers who are not suitable for flying.
03
Who will be "not carried"?
The criteria for refusal to carry vary from airline to airline.
According to the relevant provisions of the Regulations on the Administration of Public Air Transport Passenger Services issued by the Ministry of Transport in 2021, airlines can formulate standards for carriage, but there are no specific regulations on what the specific standards are.
In this incident, Chengdu Airlines did include in the EU05 version of the General Conditions for Domestic Carriage of Passengers and Baggage of Chengdu Airlines Co., Ltd. that "patients with advanced cancer" and "will not be carried except for special arrangements with the consent of Chengdu Airlines".
Chengdu Airlines Co., Ltd. also said that if the elderly are older than 65 years old, it is recommended to issue a health certificate at a hospital at or above the county level within 72 hours before boarding, otherwise when boarding, if the ground service personnel think that the elderly are "mentally weak", they may be refused boarding, and after refusal to board, "the responsibility needs to be borne by the passengers." ”
However, for the judgment standard of "mental malaise", the customer service of Chengdu Tianfu International Airport cannot give a specific description. In the General Conditions for Domestic Carriage of Passengers and Baggage of Chengdu Airlines Co., Ltd., there are no relevant provisions.
China Southern Airlines clearly stipulates that chickenpox patients cannot fly if they have not recovered from the damage site; Patients with cerebrovascular diseases, such as cerebral embolism, cerebral hemorrhage, brain tumors, etc., can aggravate the disease due to the roar, vibration and lack of oxygen of the aircraft takeoff and landing, and are prohibited from flying.
Sichuan Airlines Co., Ltd. stipulates that passengers who need special care due to physical reasons, or who can only be transported under certain conditions, can only accept transportation after meeting Sichuan Airlines transportation regulations, with the prior consent of Sichuan Airlines and making arrangements when necessary. These include seriously ill passengers, stretcher passengers, those who need to use incubators for premature infants, passengers with AIDS and no physical injuries, etc. who need to present a medical certificate issued by a Sichuan Airlines approved hospital and signed by the passenger's doctor.
Xiamen Airlines' conditions for refusing to carry passengers are listed in more detail, including various medical indicators, parameters, postoperative time, etc. When the reporter called the customer service of Xiamen Airlines to ask what kind of situation could not board, the other party said: "Except for drinking, you can generally board, and there are no clear regulations." ”
04
Lawyer: Let ordinary passengers go out clearly
According to Article 8 of the Regulations on the Administration of Public Air Transport Passenger Services issued by the Ministry of Transport, the general conditions of carriage shall at least include: relevant regulations on passenger boarding, including the standards for the carriage of special passengers such as infants, pregnant women, unaccompanied minors, and seriously ill patients.
Article 31 of the Provisions specifies that the carrier shall refuse carriage under any of the following circumstances: (1) passengers or articles prohibited from carriage in accordance with relevant national regulations; (2) Passengers who refuse to undergo security checks; (3) Baggage that has not been inspected by security; (4) Passengers whose identity documents issued at the time of check-in are inconsistent with those at the time of ticket purchase; (5) Other circumstances provided by the State. In addition to the provisions of the preceding paragraph, if the passenger's behavior may endanger flight safety or public order, the carrier has the right to refuse transportation.
The above clause does not refer to the passenger's physical condition and "refusal of carriage". In addition, Article 33 of the Provisions also requires that carriers and airport management agencies shall formulate emergency response plans for situations that have a significant impact on passengers' health conditions, such as sudden illnesses and accidental injuries.
Some lawyers believe that the relevant regulations of Chengdu Airlines undoubtedly exclude patients with advanced cancer and discriminate against cancer patients. He believes that whether patients with advanced cancer can fly cannot be rejected across the board, it depends on the situation, airlines need to refer to the opinions of medical institutions, rather than making their own decisions, and patients with advanced cancer are not allowed to fly.
According to counsel, such clauses can be characterized as exempting or reducing the liability of the operating airline, increasing the liability of passengers, and violating article 497 of the Civil Code and article 26 of the Consumer Rights Protection Law. Therefore, such clauses are overlord clauses and are invalid.
Another lawyer introduced that the airline's decision to refuse boarding passengers with terminal cancer in accordance with relevant regulations is based on the standard clauses in the air carriage contract signed between the airline and the passenger as a standard clause to limit the rights and interests of passengers. Whether the airline has fully reminded passengers in this regard is a consideration for whether the airline bears the liability for passengers' losses.
He called on the civil aviation regulator to further standardize the procedures for airlines to refuse to carry passengers for medical reasons, establish and improve the standard system for airlines to refuse passengers, and let ordinary passengers know who and under what circumstances cannot fly, "not only so that passengers can go out clearly, but also let front-line staff work with evidence and reason." ”
The source is comprehensive from Southern Metropolis Daily, The Paper, and cover news