GENERAL TERMS FOR INTERNATIONAL
GENERAL TERMS AND CONDITIONS FOR CARRIAGE OF PASSENGERS & BAGGAGE OF SPRING AIRLINES CO., LTD.
Chapter I General Provisions
Article 1 General
In order for Spring Airlines Co., Ltd. (hereafter referred to as “Spring Airlines”) to establish and maintain the normal order of passengers and baggage during domestic, international and regional carriage, improve its transportation management, protect the legitimate interests of passengers, Spring Airlines and other stakeholders, the General Terms and Conditions for Carriage of Passengers and Baggage (hereafter referred to as “these Terms”) have been developed according to relevant laws, regulations, rules and normative documents.
Article 2 Scope of Application
2.1 These Terms apply to the domestic, international and regional carriage by air through which Spring Airlines transports passengers, baggage with aircrafts and charges fees for providing such services. For free and special fare carriage, the corresponding special fare rules shall apply; only when there is no such special fare rule or no provision for special fare, part or all of these Terms shall apply. These Terms apply mainly to domestic carriage. Where no distinction has been made, relevant rules shall apply to international carriage.
2.2 Chartered Carriage
Regarding the carriage operated in accordance with Spring Airlines’ chartering agreements, these Terms are only applicable to the circumstances where they are quoted in chartering agreements or the terms of chartering tickets.
2.3 Code Sharing Carriage
Subject to the agreements on code sharing between Spring Airlines and other carriers, these Terms only apply to the code sharing flights that actually run by Spring Airlines.
2.4 Precedence of Fare Rules
If these Terms conflict with the fare rules of Spring Airlines, the fare rules take precedence over these Terms.
Article 3 Definition of Terms
3.1 Domestic Carriage by Air or Domestic Carriage: Refers to carriage by air where the place of departure, scheduled stop and place of destination are all within the People's Republic of China according to the passenger carriage contract.
3.2 "Conventions" refer to the following applicable documents:
The Convention for the Unification of Certain Rules Relating to International Carriage by Air (hereafter referred to as "The Warsaw Convention") signed in Warsaw on October 12th, 1929.
The Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 (hereafter referred to as "The Hague Protocol") signed in Hague on September 28th, 1955.
The Convention for the Unification of Certain Rules for International Carriage by Air (hereafter referred to as "The Montreal Convention") signed in Montreal on May 28th, 1999.
3.3 International Carriage by Air or International Carriage: Unless otherwise specified by the Conventions, "International Carriage by Air" refers to carriage where any of the place of departure, place of destination or scheduled stop is not within the People's Republic of China per carriage contract whether or not there’s interruption or transfer during the carriage.
3.4 Regional Carriage by Air: Refers to the air transport to and from the following special places in China, including Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan region per carriage contract. Unless otherwise agreed, rules for international carriage also apply to regional carriage.
3.5 Carrier: Refers to public air transport enterprises that use civil aircrafts to engage in the carriage of passengers and baggage.
3.6 Contracting Carrier: Refers to the carrier who signs the air transport contract with passengers by its enterprise ticket and ticket number.
3.7 Actual Carrier: Refers to the carrier that actually provides air transport and other services attached. When a bilateral agreement exists, for example, a code sharing agreement, the actual carrier may not be the contracting carrier.
3.8 Spring Airlines: Refers to Spring Airlines Company Limited (or the company), a Shanghai-based carrier that is established and operated under the laws of the People's Republic of China. Its English name is Spring Airlines Company Limited, or Spring Airlines for short. The two-letter and three-letter codes are 9C and CQH, respectively; the IATA code is 089; and the websites are www.ch.com and m.ch.com.
3.9 Spring Airlines' Air Transport Rules: Other rules on transport management of passengers and their baggage that are developed and published by Spring Airlines and valid as of the day the passenger tickets are issued, including but not limited to applicable ticket price and conditions for application.
3.10 Airlines Sales Agent (hereafter referred to as "Sales Agent"): Refers to an enterprise established in accordance with the laws of the People’s Republic of China that has signed a sales agency agreement with Spring Airlines and acts as an agent for Spring Airlines to engage in the public air transport sales business as privided in the agreement.
3.11 Ground Handling Agent: Refers to an enterprise established in accordance with the laws of the People’s Republic of China that has signed a ground handling agreement with Spring Airlines and acts as an agent for Spring Airlines to engage in the public air transport ground handling business at airports within or outside the People’s Republic of China as provided in the agreement.
3.12 Passenger: Refers to anyone Spring Airlines allows him/her to take on its plane besides the flight crew.
3.13 Group Passenger: Refers to a passenger who is a member of a group of 10 or more people sharing the same route, date of flight, flight and cabin class and paying group ticket fare.
3.14 Child Passenger: Refers to anyone who is at the age of 2 or more but under the age of 12 as of the day when the carriage begins.
3.15 Infant Passenger: Refers to anyone who is 14 days or older but under the age of 2 as of the day when the carriage begins.
3.16 Seat Reservation: Refers to reservation for seats, cabin classes or baggage weight and volume booked by passengers.
3.17 Booking Class: Refers to class that is determined by passenger type, ticket discount, available services, and change/refund policies, and defined using a capital letter from A-Z, or a number from 0-9 or their combination (e.g. M or P1).
3.18 Main Class: Equivalent to booking class.
3.19 Sub-class: Used to define differences within a Main Class. The passenger services and change/refund policies are the same, regardless of the Sub-class. The Sub-class is defined by the last letter in the class code (if there is only one letter, there is no Sub-class). For example, if the booking class is MA, the Sub-class is A, and the passenger services/change and refund policies for class M apply.
3.20 Flight: Refers to flight operated according to scheduled air route, date and time by aircraft.
3.21 Passenger’s Reservation Sheet: Refers to the business document that passengers need to fill out when they purchase tickets at the Spring Airlines ticket office to handle their reservation.
3.22 Valid Identity Document: Refers to the identity certificate that passengers need to present while they are purchasing their tickets and checking in per the request of government authorities. Such documents include the following types:
3.22.1 Residents of Chinese Mainland: Resident identification stub, temporary identification stub, passport, Exit-Entry Permit for Travelling to and from Taiwan, Exit-Entry Permit for Travelling to and from Hong Kong and Macao, military identification, compulsory serviceman identification, sergeant identification, armed police officer identification, armed police soldier identification, and seaman’s card.
3.22.2 Residents of Hong Kong, Macao and Taiwan: Mainland Travel Permit for Hong Kong and Macau Residents, Mainland Travel Permit for Taiwan Residents or Residence Permit for Hong Kong, Macao and Taiwan residents.
3.22.3 Foreign Passengers: Passport, Foreign Permanent Residence Permit or Foreign Permanent Resident ID Card, etc.
3.22.4 Travel permit of the People's Republic of China and other valid identity documents stipulated by the Civil Aviation Administration.
3.22.5 Valid identity documents of Chinese mainland residents under 16, including birth certificates, household register, student card or identity certificate issued by the public security department where the residence is registered.
3.23 Passenger Ticket: A kind of transport document.
3.24 Electronic Ticket: Refer to the valid transport document in electronic form that is sold by a carrier or its authorized sales agents and entitles passengers the right to travel.
3.25 Air Transport E-Ticket Itinerary: Refers to the payment voucher or reimbursement voucher issued by a carrier and its authorized sales agents while passengers are booking their electronic tickets. It also serves as a reminder of passenger’s itinerary. Passengers may obtain air transport e-ticket itineraries for free during the service hours of Spring Airlines' sales department or ticketing counters at the airports; where express delivery is required, the corresponding fee shall be borne by the passenger.
3.26 Connecting Flight: Refers to two or more flights listed in a single carriage contract, excluding return flights.
3.27 Return Flight: Refers to passenger tickets that take passengers from one place to another and back to the place of departure via the original route.
3.28 Regular Fare: Refers to the highest fare for economy class published by the carrier that is applicable to regular adult passenger, usually referred to as a full fare ticket. It is subject to the rules at the time when any change has been made to the price control method.
3.29 Special Fare: Refers to fare other than regular fare that comes with certain restrictions for use.
3.30 Overbooking: Refers to the circumstance where the number of seats booked for any flight is more than the number of seats actually allowed to be sold, in order to avoid spare seats.
3.31 No-show: Refers to the circumstance where passengers fail to check in by the time specified or fail to board the plane because their identity documents are not in compliance with relevant rules.
3.32 Missing Flight: Refers to the circumstance where passengers fail to catch their flights after checking in at the airport of departure or at any scheduled stop.
3.33 Taking Wrong Flight: Refers to the circumstance where the flight taken by any passenger is not the flight specified on his or her passenger ticket.
3.34 Baggage: Refers to any necessary or proper items and other personal belongings that passengers take with them to wear, use, or for comfort or convenience, including passengers' checked and unchecked baggage.
3.35 Checked Baggage: Refers to the baggage that's been issued a baggage ticket and handed over by the passenger to the carrier to tend and transport.
3.36 Unchecked Baggage: Refers to baggage and carry-on items that passengers take into the cabin and look after by themselves with the carrier’s consent, within the specified variety, quantity, weight and volume.
3.37 Baggage Ticket: Refers to the part in the passenger ticket that's related to passenger's checked baggage, which can be used as a baggage transport certificate.
3.38 Baggage Tag: Refers to the identification tag with number, airport of departure, and airport of destination indicated on it and tied to or stuck to corresponding checked baggage.
3.39 Time of Departure: Refers to the time when the aircraft door is closed after passengers board the flight..
3.40 Cut-Off Time for Check-In: Refers to the latest time that the airline company specifies when passengers should finish all of their check-in formalities and collect their boarding passes.
3.41 Scheduled Stop: Refers to the place of stop that’s listed on the passenger's route besides the place of departure and place of destination.
3.42 Stopover: Refers to the stop at a certain place during the journey purposely scheduled by the passenger under the carrier's prior consent when he or she is travelling from the place of departure to the place of destination.
3.43 Transfer: Refers to the circumstance where passengers transfer to another flight run by the same carrier or other carrier in the middle of their journey while they are travelling from the place of departure to the place of destination.
3.44 Force Majeure: Refers to unforeseeable, inevitable and uncontrollable circumstances.
3.45 Passenger Ticket Change: Refers to the reschedule of tickets, change of cabin class and other circumstances.
3.46 Voluntary Refund: Refers to a refund requested by the passenger for his or her own reasons.
3.47 Involuntary Refund: Refers to the circumstances where the passenger requests to refund due to cancellation, delay, advance of flight, change of route, change of cabin class, or the carrier's inability to run the original flight.
3.48 Voluntary Passenger Ticket Change or Voluntary Change: Refers to the change of ticket requested by the passenger for his or her own reasons.
3.49 Involuntary Passenger Ticket Change: Refers to the circumstances where the passenger requests to change the ticket due to cancellation, delay, advance of flight, change of route, change of cabin class, or the carrier's inability to run the original flight.
3.50 Change Fee: Refers to the fee charged by Spring Airlines according to the ticket rules for passengers requesting to change their original travel plan, including flight, date, etc.
3.51 Fare Difference: Refers to the difference between the original fare and the new one when a passenger requests a voluntary change from low fare to high.
3.52 Refund Fee: Refers to the fee charged by Spring Airlines according to the ticket rules for passengers requesting to cancel their original travel plan.
3.53 Carrier’s Reasons: Refers to the reasons that are attributable to the carrier, such as improper maintenance by air crew, improper flight arrangement, business or crew negligence, etc. However, unforeseeable, uncontrollable or unavoidable events are not deemed as the carrier’s reasons, including sudden aircraft malfunction due to unexpected circumstances such as bird strikes, sudden changes in flights due to military activities or government orders, and service suspension due to reasons of a third party such as embargoes, air traffic control, airports, fuel supply or information systems. Any act or omission out of act of rescue or humanitarian reasons that may harm passengers shall not be deemed as the carrier’s reasons as well. Unless otherwise stated, the carrier’s reasons mentioned herein refer to Spring Airlines’ reasons.
3.54 Non-Carrier’s Reasons: Refers to other reasons not related to the carrier, including weather, emergencies, air traffic control, security, passengers and other factors.
3.55 Code Sharing Flight: Refers to a flight in which one or more airlines have agreed to use their respective codes on the flights of another airline.
3.56 Special Drawing Rights: Refers to the special drawing rights specified by the International Monetary Fund.
3.57 Freight Rates: Refers to the fares, fees and associated carriage conditions published by the airline. If necessary, approval from the authorities shall be obtained.
3.58 "Preferential Class" and "Preferred Class" and "SpringPlus Class": Refers to Spring Airlines' ticket products.
3.59 Spring Airlines’ Direct Sales Channels: Including its direct ticket offices, customer service hotline 95524, and official online channels (official website, mobile website, mobile client APP, WeChat official account, mini-program).
3.60 Flight delay: Refers to the situation where the actual arrival and on-block time of a flight is more than 15 minutes later than the scheduled arrival time.
3.61 Flight departure delay: Refers to the situation where the actual departure and off-block time of a flight is more than 15 minutes later than the scheduled departure time.
Chapter II Special Conditions of Carriage
Article 4 Restriction on Carriage
4.1 Passengers who need special care and can only be transported under certain conditions due to their physical or mental conditions, including unaccompanied minors, infants, sick and disabled passengers, pregnant women, the blind, deaf-mute, criminals or suspects and so forth. Only when Spring Airlines’ air transport rules are met can such passengers be transported under Spring Airlines’ prior consent and special arrangement as occasion requires. The above relevant carriage provisions and terms are stipulated in the Instructions on Carriage of Special Passengers separately formulated by Spring Airlines and are regarded as part of these Terms. If the contents of the abovementioned provisions are inconsistent with these Terms, the separately formulated Instructions shall take precedence over these Terms.
4.2 Conditions of Carriage for children and infants
4.2.1 Children and infants under 5 must be accompanied by adults over 18 with full capacity for civil conduct.
4.2.2 Children aged at 5-12 who fly alone must apply with Spring Airlines for the flight procedures for unaccompanied children, and can only purchase tickets and take the plane with the consent of Spring Airlines.
4.2.3 Spring Airlines does not carry infants less than 14 days old or premature infants less than 90 days old.
4.2.4 The above age is calculated by the date of flight.
4.3 Number of Restricted Passengers: For safety concerns, Spring
Airlines sets a limit on the number of passengers for every flight based
on aircraft model. The upper limit for the number of restricted
passengers on Airbus A320/A321 is 5.
Article 5 Refusal of Carriage
Spring Airlines may refuse to transport for safety concerns or based on reasonable judgment in any of the following circumstances:
5.1 Passengers who are prohibited from being transported according to the relevant national regulations.
5.2 Passengers who refuse to go through security check.
5.3 Passengers who fail to present a valid travel document or whose travel document presented at check-in is inconsistent with that used for ticket purchasing.
5.4 The passengers' behavior, age, mental or physical condition is not suitable for air travel, including:
(a) Passengers who are not conscious or unable to restrain themselves due to physical discomfort during check-in;
(b) Passengers who are intoxicated with alcohol, narcotics, or drugs resulting in a loss of self-control that clearly brings displeasure or disgust to other passengers during air travel;
(c) Passengers who are not fit for the flight due to injury or illness according to the judgment of the airport medical institution or ground handling personnel;
(d) Pregnant women whose gestational weeks cannot be confirmed or who are judged unfit to fly by the check-in agent;
(e)
Infants less than 14 days old and preterm infants less than 90 days
old, as well as the guardians who travels with the infants;
5.5 All
the losses caused by the delay of the travel by the passengers who
request to carry the articles prohibited from carriage as stipulated by
the state (articles restricted from carriage as stipulated by the state,
dangerous articles, abnormal articles and other articles that easily
stain the aircraft) after the persuasion shall be borne by the
passengers themselves.
5.6
Controlled Knives: Military and police weapons and implements
transported without the approval of the public security organs or the
consent of the carrier. The passenger shall be responsible for all the
losses caused by the delay in travel and shall be held legally liable.
5.7 Off-odor Articles/Corrupt Articles: The passenger shall be responsible for all the losses caused thereby.
5.8 Passengers who refuse to pay for excess baggage: The passenger shall be responsible for all the losses caused thereby.
5.9 Baggage that has not gone through security check.
5.10
Passengers in violation of agreement: Any passenger who has not paid
the applicable fare, charges and taxes or has not accepted the payment
by credit with the company or the carrier concerned shall make up the
insufficient fare or taxes.
5.11 Passengers
who do not meet the requirements for exit seats, and passengers who
require assistance to quickly move to the exit in emergencies: The
company may disallow or refuse to continue the carriage of such
passenger who does not comply with the notification requirements
indicated in the company's procedures, provided that the company has
established procedures for the speedy transfer of such passenger to the
exit under the help of other personnel in the event of emergencies,
including reasonable notification requirements, or the passenger cannot
be transported according to the procedures.
5.12 Other circumstances stipulated by the state.
5.13 In addition to the preceding paragraphs, the company has the right to refuse to transport passengers whose behavior may endanger flight safety or public order or who have committed any act during the course of air transport that may endanger the safety of the aircraft or passengers on board and we have reason to believe that such a situation is still likely to recur.
5.14 Passengers need to be aware of the possible risks and liabilities associated with sudden illnesses during flight, including the costs incurred by the airline to save them by diversion. Spring Airlines has the right to pursue the legal liability of any passenger who knows that he/she is unfit to travel by air or that his/her physical or mental condition requires special care but still violates the agreement of these Terms by concealing, deceiving or misleading and has successfully bought a ticket and taken the plane.
Article 6 Arrangements for rejected passengers
Spring Airlines will arrange the rejected passengers according to the following rules:
6.1 Tickets of passengers who fall under the circumstance described in
Paragraph 5.4, Article 5 hereof will be handled as involuntary refund
described in these Terms.
6.2 Unless otherwise stipulated by the
state, tickets of passengers who fall under the circumstance described
in other paragraphs of Article 5 hereof will be handled as voluntary
change or refund described in these Terms.
6.3 Unless otherwise stipulated by the state, the carrier shall promptly provide written explanation to the passenger who has purchased the ticket but is refused due to the reasons described in Article 5 hereof.
Chapter III Passenger Tickets
Article 7 General Provisions
7.1 Passenger tickets are the preliminary evidence for the formation of carriage contract between Spring Airlines and the passenger specified on the passenger tickets. Passenger tickets are automatically generated and stored as electronic records in Spring Airlines' computer system. When an air transport contract is fulfilled, the respective responsibilities and rights of Spring Airlines and the passenger shall only apply to situations agreed in the single air transport contract.
7.2 After the passenger provides the information needed and is accepted by Spring Airlines, the reservation is established; once the payment is made, Spring Airlines' computer system will record the information and generate an electronic record, and the carriage contract takes effective. Unless there is evidence to the contrary, the aforesaid carriage contract shall come into force at the time when the passenger ticket is issued.
7.3 Passenger ticket is nominative. Only the passenger named on the ticket has the right to request for carriage service.
7.4 Passenger tickets are non-transferrable, unless otherwise stipulated by Spring Airlines.
7.5 Passengers may apply for the issuance of itinerary as reimbursement voucher and as evidence of the passenger ticket.
7.6 Requirements for Using Passenger Tickets
7.6.1 Passenger holding an electronic ticket may not be checked in unless he or she shows the same valid ID used at the time of booking.
7.6.2 Connecting tickets must be used in order starting from the place of departure per the route listed on the passenger ticket.
7.6.3 Passengers must use the tickets in line with the flight information listed on the ticket, and abide by the check-in procedures, boarding procedures and on-board behavior requirements.
7.7 Spring Airlines has separately formulated the Terms of Using Passenger Tickets, which are regarded as part of these Terms. If the contents of the abovementioned provisions are inconsistent with these Terms, the former shall take precedence over the latter.
Article 8 Ticket Validity
8.1 The passenger ticket shall be valid for one year from the date of actual departure; all the unused tickets are valid for one year from the date of issuance. The validity period of a changed ticket shall be calculated according to the date of original issuance or the actual date of departure.
8.2 Ticket validity starts as of the day the journey begins or zero o'clock the day after the passenger tickets are issued to zero o'clock the day after the expiration date.
Article 9 Loss of E-ticket Itinerary
9.1 Loss of Itinerary
9.1.1 In the event that the e-ticket itinerary is lost or damaged, the passenger who needs to apply for a refund should report the loss to Spring Airlines in writing.
9.1.2 Passengers need to present their valid IDs when reporting their loss; if the applicant is not the passenger himself or herself, valid IDs of both the passenger and the applicant, other materials and certificates required by Spring Airlines as well as a written application must be presented.
9.1.3 In the event that the passenger lost the itinerary, and the printed itinerary was lost due to the passenger's reason, it can’t be re-printed according to the Administrative Measures for Airline E-ticket Itinerary. If the passenger loses the e-ticket itinerary, he or she does not have to re-purchase the ticket and may complete his or her journey with a valid ID.
9.1.4 Passengers shall contact Spring Airlines again for a refund and pay the corresponding refund fee within 7 working days to 3 months after submitting the refund application.
9.2 Termination of Ticket Loss
9.2.1 Any passenger who finds the original copy of his or her itinerary within the period of validity after reporting his or her loss and having not refunded may go to Spring Airlines' ticket office or contact its customer service for termination of ticket loss and handle the refund procedure after returning the itinerary.
Chapter IV Ticket Price & Taxes
Article 10 Applicability of Ticket Price
10.1 Ticket Price
10.1.1 The ticket price only applies to the carriage by air from the airport of departure to the airport of destination. It doesn't cover the surface transport between the airport and downtown or between airports.
10.1.2 Ticket price is the applicable price on the day any passenger purchases his or her ticket. After the ticket is sold, the fare shall not be changed even if the ticket price has been adjusted.
10.1.3 Special fare ticket holders should follow various conditions that come with such special fare.
10.2 Taxes and Fees
10.2.1 Taxes and fees charged by the government or relevant authorities as well as fees that the airport operator or carrier charges upon approval of the government or relevant authorities are not included in passenger ticket price. Such taxes or fees shall be paid by passengers.
10.2.2 Fuel surcharges and the Civil Aviation Development Fund are published and charged by the carrier in accordance with national regulations.
10.2.3 Spring Airlines will inform passengers of the taxes and fees included in the ticket price while they are purchasing tickets. Taxes and fees will be generally collected according to the taxes and fees released at the time of ticket purchasing and, unless otherwise required, taxes and fees collected will remain unchanged after the sale of the passenger ticket in the event of adjustments to taxes and fees.
Article 11 Special Fare
11.1 Disabled Veterans, the People’s Police Officers and Fire Rescue Personnel
11.1.1 Disabled veterans and the people's police officers who are disabled while on duty and disabled fire and rescue members may purchase tickets at 50% of the regular adult fare for the same domestic flight of Spring Airlines by showing their Disabled Veteran's Certificate of the People's Republic of China and Disabled Police Certificate of the People's Republic of China and Certificate of Disabled Members of National Fire and Rescue Force respectively.
11.1.2 Disabled veterans, people's police officers, and fire fighters are allowed to purchase the passenger tickets at other fares, but they shall comply with corresponding use conditions.
11.2 Children Fare
11.2.1 The fare for children on domestic flights carried by Spring Airlines will be 50% of the adult fare if the adult fare is equal to or higher than 50% of the regular fare. If the adult fare is less than 50% of the regular fare, the children fare can be kept in line with the adult fare and there will be a seat for the children.
11.2.2 Children are charged 75% of the adult fare on international and regional flights carried by Spring Airlines, with seats provided.
11.3 Infant Fare
11.3.1 The fare for infants on domestic flights carried by Spring Airlines is charged at 10% of the regular adult fare, and there's no separate seat for infants.
11.3.2 The fare for infants on the international and regional flights carried by Spring Airlines shall be charged according to the applicable rate published by Spring Airlines, and seats will not be provided.
11.3.3 You may purchase a child ticket if your infant needs a separate seat. Each adult passenger may not carry more than two infants and is allowed to take one baby for free and the extra infants will be charged children fare.
11.4 Fare for Passengers Using Stretcher/Oxygen
The fare for passenger using stretcher/oxygen: The price is comprised of two parts, the ticket fare and the surcharge for stretcher/oxygen cylinder. Stretcher passengers are not charged for the use of stretchers, while for use of oxygen, passengers are charged according to the number of oxygen cylinders used:
(1) Ticket fare: Refer to the regular adult fare in economy class; special fares or discounts (except for children) are inapplicable.
(2) Surcharge for stretcher/oxygen use: For the segment(s) where a stretcher is used, the passenger has to pay for the seats occupied by the stretcher, at 100% of the regular adult fare in economy class; for a passenger using oxygen, he or she shall pay a surcharge based on the number of oxygen cylinders used.
(3) For companions of the passengers using stretcher/oxygen, separate tickets shall be purchased at class fares published for sale.
11.5 For passengers who purchase tickets with special offers provided through Spring Airlines’ direct sales channels, the applicable conditions shall be subject to the rules published by Spring Airlines.
11.6 Group fare ticket holders should follow Spring Airlines' special rules.
11.7 Special fare tickets may come with conditions that restrict or waive passengers' right to endorse, change or return their tickets. Passengers are encouraged to choose fare that suits their needs.
Article 12 Payment of Ticket Fare
12.1 Passenger should pay for his or her ticket in the currency and mode required by the state. Unless the passenger has reached any agreement with Spring Airlines, all ticket fares should be paid in cash.
12.2 Under the circumstance where the fare collected is inconsistent with the applicable fare or where there’s mistake in the calculation, relevant passenger should make up the shortage or Spring Airlines should return the overcharge to the passenger in accordance with Spring Airlines' air transport rules.
12.3 Generally speaking, the fare, taxes and fees should be paid in the currency of the place where the tickets are issued.
12.4 Spring Airlines may decide to accept other currencies by itself for reasons such as the currency of the place where the tickets are issued can’t be exchanged. Under the circumstance that passengers try to pay for the tickets with currency other than the published currency, they should first convert the price with exchange rate established by the carrier.
12.5 Spring Airlines shall not be liable for any fraud or other losses suffered under the conditions that the tickets are not purchased from Spring Airlines’ direct sales channels or authorized agents.
Chapter V Seat Reservation and Ticket Purchasing
Article 13 Seat Reservation
13.1 Spring Airlines should provide seats according to the ticket products that the passengers booked.
13.2 Where some ticket products or cabins contain rules that restrict or deny passengers’ right to change or cancel their seat reservations, any change or cancellation of seat reservation made by passengers should be in accordance with such rules. Please refer to relevant fare rules for specific conditions on ticket price.
13.3 Passengers who plan to take flights carried by Spring Airlines shall book seats with Spring Airlines or its sales agents. Only when the passenger submits relevant information and certificates in accordance with the procedures specified by Spring Airlines, the request for taking a specific flight are accepted by Spring Airlines, and the ticket fare is paid within the time limit, can the seat be considered to have been reserved.
13.4 Personal Information
13.4.1 Passengers must provide accurate and complete personal information (such as valid identity information, address, and phone number) to Spring Airlines for seat reservation and service arrangements. The personal information is used for booking seats, purchasing tickets and arranging related carriage services. Meanwhile, passengers authorize Spring Airlines to keep their personal information and provide such information to government departments or partners required for Spring Airlines to complete carriage or other services, including airports, other relevant carriers or providers of relevant services.
13.4.2 The authenticity and validity of a passenger’s personal information shall fall under the responsibility of the passenger himself/herself, and he/she shall bear all consequences arising from the inaccuracy of the data provided by him/her.
13.4.3 If a passenger refuses to provide necessary personal information, Spring Airlines has the right not to accept the seat booking and ticket purchase order.
13.5 Spring Airlines may specify the time limit for seat reservation based on its actual operation and may temporarily stop accepting reservation for any flight if necessary.
13.6 Spring Airlines shall have the right to make priority arrangements for VIP passengers, emergency rescue passengers and passengers recognized by Spring Airlines who need priority arrangement.
13.7 Group passengers should pay for their tickets within the specified or previously agreed time limit after making their seat reservations; otherwise Spring Airlines won't reserve the seats for them.
13.8 Airline and its sales agents have the responsibility to inform passengers who purchased the code sharing flight ticket about the nature of the flight, the contracting carrier and the actual carrier during seat reservation and ticket purchasing.
13.9 Spring Airlines will actively inform the passengers if it needs the passengers to reconfirm the seats they have booked for their onward flight and return flight run by Spring Airlines within a given time. However, passengers should learn about the seats of any other carrier relating to their trip before confirming the requests. If reconfirmation is necessary, passengers should go through the seat reconfirmation procedures with the carrier whose code is specified on passenger tickets.
13.10 According to the relevant regulations of the Civil Aviation Administration of China (CAAC), passengers purchasing tickets for outbound and inbound flights need to be aware that in order to safeguard national security and public security, and to facilitate the entry and exit of flights and the passengers on them, the CAAC, in accordance with Chinese laws and regulations, requires airlines to provide it with passenger information via a dedicated encrypted transmission method according to the relevant IATA message standards. Airlines and the CAAC will strictly implement the requirements of Chinese laws and regulations and relevant information security technology standards, closely protect passenger information and strictly control the scope of data use. According to Chinese laws and regulations, travelers have the right to make requests to the processor of their information for consultation, copying and, if necessary, corrections, supplements, deletions, etc.; when they find that their information has been illegally processed, they can make requests to the processor of their information for remedial measures.
Article 14 Ticket Purchasing
14.1 Passengers may consult and purchase tickets from Spring Airlines’ direct sales channels or its authorized sales agents.
14.2 Passengers should use the same documents for purchasing tickets and checking in. Passengers must fill out the Seat Reservation Form when they are purchasing tickets from ticket offices owned by Spring Airlines or ticket offices of Spring Airlines' authorized sales agents.
14.3 Valid ID documents should be provided while purchasing child or infant tickets.
14.4 Passengers under restricted transport should provide Spring Airlines with relevant evidence and may not purchase any ticket without Spring Airlines' consent.
14.5 There should be clear information on passenger services during flight delay and cancellation in various ticket booking links such as Spring Airlines' ticket offices or websites.
14.6 Spring Airlines "Preferential Class" air tickets can only be purchased by Spring Airlines members. If passengers purchase the tickets on Spring Airlines' partner platform, they need to read and agree to Spring Airlines’ User Service Agreement (for details, refer to https://www.ch.com/reg-rule) and Privacy Policy (for details, refer to https://www.ch.com/privacy) before they can register as a member and purchase the product.
14.7 Passengers using international cred it cards on Spring Airlines' official website will be charged a transaction fee, and the final payment will be calculated at the exchange rate from the credit card company and the related service rules. The local currency amounts displayed on the official website are for reference only. Transaction fees of international credit card are not refundable upon ticket refund in accordance with international credit card transaction practices.
14.8 Spring Airlines reserves the right to restrict the seat reservation and ticket purchase for passengers who maliciously occupy seats or falsely purchase tickets, depending on the circumstances.
Chapter VI Passenger Ticket Overbooking
Article 15 General Provisions
15.1 In order to meet the travel demands of more passengers, Spring Airlines may oversell certain flights that are likely to have spare seats so that more passengers can catch their desired flights.
15.2 Spring Airlines will appropriately control the proportion of overbooked flights under full consideration of airline, flight frequency, time, aircraft type, and connecting flights, to minimize the occurrence of passengers being denied boarding due to overbooking.
15.3 If the number of passengers taking the flight exceeds the number of seats available due to overbooking, we will first consult the passengers who are willing to take the subsequent flight or cancel their trip according to the volunteer soliciting procedures. Under the circumstance where there are not enough volunteers, Spring Airlines will deny some passengers the right to board the plane in order of check-in time, except for the passengers who meet the priority boarding rules. We can issue you a certificate of trip cancelation due to overbooking.
Article 16 Volunteer Soliciting Procedures and Priority Boarding Rules
16.1 In the case of overbooking, Spring Airlines will, before the departure of the flight, release the overbooking information via telephone, text message, or on-site consultation, solicit passengers who voluntarily cancel their trip, and inform them of the relevant compensation and service standards.
16.2 Priority Boarding Rules:
(1). Passengers traveling on urgent state business, including accompanying passengers;
(2). Staff of the Organ Procurement Organization (OPO) carrying human donor organ;
(3). Passengers with special service needs (the elderly, weak, sick, disabled, pregnant passengers, and children unaccompanied by an adult) and their necessary accompanying passengers, and minor passengers flying alone who are over 12 years old but under 18 years old agreed by Spring Airlines and arranged in advance;
(4). Military personnel in active service, police, and fire and rescue personnel with valid identity documents;
(5). Group passengers;
(6). Passengers with a confirmed seat on a connecting flight with a short connection time;
(7). Passengers with proof of an urgent need to travel (e.g. passengers whose visa is about to expire).
Article 17 Compensation Rules for Overbooking and Change/Refund
17.1 Spring Airlines will compensate passengers who fail to take the original flight due to overbooking in the following ways:
17.1.1 Cancelation compensation: Passengers who wish to cancel their
ticket will receive RMB 200 yuan for compensation, and the cancellation
fee will not apply.
17.1.2 Change compensation: A financial compensation will be provided according to the waiting time for the change of the subsequent flight, and the details of the compensation are as follows:
(1) Subsequent flight departure in less than 2 hours: RMB 200 yuan;
(2) Subsequent flight departure in 2 (inclusive) – 4 hours (exclusive): RMB 400 yuan;
(3) Subsequent flight departure in more than 4 hours (inclusive): RMB 600 yuan.
17.2
Passengers who choose to refund their tickets will be handled as
involuntary refunds and will not be charged refund fees; passengers who
choose to take Spring Airlines' subsequent flight will be handled as
voluntary refunds and will not be charged a change fee.
17.3 If
there is no subsequent Spring Airlines flight, the subsequent flight is
too late (more than 3 hours later), or the passengers do not agree to
change to the subsequent flight, after getting the passengers’ consent,
Spring Airlines may endorse them to another carrier’s flight that
departs on the same day and the endorsement fee of economy class shall
be borne by Spring Airlines, along with the compensation in accordance
with the rules. Any extra fee in excess of that of the economy class
shall be borne by the passengers themselves. The original tickets of
Spring Airlines will not be refunded to the passengers.
17.4
In the case of overbooking of connecting flights, cash compensation is
available for oversold segments according to the above-mentioned rules.
Services such as refund and free change may be arranged for the
follow-up segments according to the passengers' itinerary.
17.5 When
a passenger is notified of an over-booking upon arrival at the airport
and the passenger chooses to change or rebook and waits for a subsequent
flight over 4 hours (inclusive) later than the original flight, the
passenger may be provided with free accommodation; if accommodation
services are not available locally, an accommodation allowance of up to
RMB 200 may be provided.
Chapter VII Flight Schedule, Flight Delay and Cancellation
Article 18 Flight Schedule
18.1 Spring Airlines will try its best to transport its passengers and baggage according to the flight schedule that is published as of the day the travel begins. Before accepting passengers’ bookings, Spring Airlines will inform passengers of the flight schedule valid at the time of booking and indicate it on passenger tickets.
18.2 After passenger tickets are sold, Spring Airlines may change the flight schedule at its discretion. In this case, Spring Airlines will inform passengers of the change of flight schedule through the contact details they left when booking. Spring Airlines shall not be liable for any failure to contact the passenger due to the wrong contact details. If Spring Airlines’ flight is adjusted (the scheduled departure time is advanced or delayed by 15 minutes or more), and Spring Airlines cannot arrange alternative flights acceptable to the passenger, the passenger may apply for a refund as per Article 25 “Involuntary Refund”. In case of an involuntary change, if the passenger requests a change or refund due to his or her reasons after confirming an alternative flight, the request shall be deemed a voluntary change or refund and handled in accordance with applicable rules.
18.3 Spring Airlines shall not be held liable for any mistake or omission in the flight schedule or other published flight timetables when such mistake or omission is timely corrected. The interpretations of the departure, arrival time, date, or flight released by Spring Airlines on its official website, APP, or any other third-party platform are only for the reference of passengers.
Article 19 Flight Delay & Cancellation
19.1 Unless otherwise specified in the Conventions, in the event of flight cancellation, delay, advance, flight change, or failure of Spring Airlines to operate the original flight, Spring Airlines will consider the reasonable needs of passengers and take one of the following measures:
19.1.1 Arrange Spring Airlines flights with available seats for passengers at no extra charge as per rules in Article 21 “Involuntary Change” hereof;
19.1.2 Handle the requests for refund as per rules in Article 25 "Involuntary Refunds".
19.2 In the case of any of the circumstances described in 19.1, the remedial measures listed in 19.1.1 to 19.1.2 are all of the measures passengers may choose from. Unless otherwise specified in the Conventions, Spring Airlines shall no longer shoulder any other responsibility for the passengers.
19.3 Under any of the following circumstances, Spring Airlines may change the aircraft model or air route or cancel, interrupt, change, delay or postpone any flight without giving prior notice:
19.3.1 In order to comply with the laws and other relevant regulations of the People's Republic of China or relevant countries during the carriage;
19.3.2 In order to ensure flight safety;
19.3.3 Other reasons that Spring Airlines cannot control or foresee.
19.4 Unless otherwise stipulated, if a passenger misses a flight due to reasons not attributable to the carrier before Spring Airlines releases information on flight delays and cancellations and other irregular flights, the passenger applying for ticket refund or change shall follow the rules of voluntary refund and change. If a passenger has already applied for ticket change or refund in accordance with the rules of voluntary refund and change before Spring Airlines releases information on flight delays and cancellations and other irregular flights, the change and refund fees paid by the passenger shall not be refunded.
19.5 In the case of delay, advance, time adjustment or cancellation of a single segment of a connecting flight, the segment may be handled in accordance with the provisions of Article 21 "Involuntary Change" or Article 25 "Involuntary Refund" of these Terms. If the delay, advance, time adjustment, or cancellation of one segment of a connecting flight results in the inability of the other segment to connect normally, passengers may apply for an involuntary change or involuntary refund of tickets for both segments.
19.6 Services for passengers whose flights are delayed or cancelled
Spring Airlines should provide services for passengers whose flights got delayed or canceled according to Article 62 hereof respectively.
Chapter VIII Passenger Ticket Change
Article 20 General Provisions
20.1 Passenger ticket change is composed of voluntary change and involuntary change of passenger tickets.
20.2 The passenger's request for change should be made within the validity period of the ticket, and Spring Airlines will not handle the request after the expiration.
20.3 After ticket change, the validity of the ticket shall be calculated according to the date of issuance of the original ticket or the actual date of departure.
Article 21 Involuntary Change
21.1 Any change of flight and date applied for by the passenger due to one of the circumstances listed in Paragraph 19.1 of these Terms shall be deemed as an involuntary change and shall be handled as follows:
21.1.1 Arrange previous or subsequent flights with available seats for affected passengers within 10 days around the due date (including the same day) in priority. If the passenger needs to change to a flight that is over 10 days prior to or after the original flight, the change shall be handled voluntarily in accordance with the rules of "voluntary change" hereof. If there are no available seats on the same Spring Airlines flight within 10 days before and after the original flight, the nearest available Spring Airlines flight shall be provided free of charge. Besides, the free change may only be used for once.
21.1.2 Change the voyage listed on the original tickets and carry the passengers to their destination or scheduled stops on Spring Airlines' flights. In the case of passengers' change of flight due to reasons other than Spring Airlines, the difference in ticket price and excess baggage fee will be refunded (without payment for any deficiency), but the extra tax difference, ground transport fees, and other service fees resulting therefrom shall be borne by the passengers. In the case of passengers' change of flight due to Spring Airlines’ reasons, the difference in ticket price, excess baggage fee, and other service fees will be refunded (without payment for any deficiency).
Article 22 Voluntary Changes
22.1 Under the circumstance where any passenger voluntarily changes his or her flight and date after purchasing the ticket, unless it's otherwise specified in Paragraphs 22.2, 22.3, 22.4, and 22.5 in the article hereof, Spring Airlines and its authorized sales agent shall handle it in accordance with the current voluntary change rules published by Spring Airlines under the condition that the flight has available seats and the time permits according to the carriage rules of Spring Airlines, and the difference of ticket price and other related fees resulting therefrom shall be borne by the passengers.
22.2
Disabled veterans and the people's police officers who are disabled
while on duty and disabled fire and rescue members who have booked a
ticket with a 50% discount on regular adult fare by presenting the Disabled Veteran's Certificate of the People's Republic of China, the Disabled Police Certificate of the People's Republic of China, and the Certificate of Disabled Members of National Fire and Rescue Force
may change their tickets for free. For such passengers described above
who have booked a discounted ticket in other class cabins as published
by Spring Airlines, ticket change shall be handled as per the rules
applicable to corresponding class cabins.
22.3 Infant
passengers who do not occupy seats and request a change may change
their tickets for free. Passengers who purchase seat-occupying infant
tickets and request a change will have the change fee deducted as per
the corresponding cabin class.
22.4 If a passenger holding the child ticket requires a change, the change fee will be deducted as per the corresponding cabin class.
22.5 Unless otherwise specified by Spring Airlines on specific products, passengers holding group tickets shall change their tickets as per the rules applicable to corresponding class cabins.
22.6 Where a change is made from a low fare to a high one, the passenger shall pay for the difference and a change fee required by applicable fare conditions; where a change is made from a high fare to a low one, the original ticket shall be cancelled as per rules on voluntary refund, and then the passenger should purchase a new ticket per the changed cabin or fare.
22.7 Unless otherwise specified for the fare, change fees and the fare difference are calculated based on the price indicated on the passenger ticket.
Article 23 Carrier and Route Change
23.1 Passengers who intend to change their carriers voluntarily after purchasing their tickets will be handled as voluntary refunds described in these Terms. Passengers who intend to change their carriers due to any of the circumstances listed in Paragraph19.1 hereof will be handled as involuntary refunds described in these Terms.
23.2 Passengers who voluntarily request a change of route after ticket purchasing will be subject to the voluntary refund rules.
Chapter IX Refunds
Article 24 General Provisions
24.1 Refunds include voluntary refunds and involuntary refunds.
24.2 Passengers who request for refunds because they voluntarily intend to change their travel arrangement shall be handled according to the voluntary refund rules in this chapter.
24.3 Passengers should request for refund within the validity period of the ticket, and Spring Airlines will not handle overdue requests. Passengers who have printed the air transport e-ticket itinerary must return the original e-ticket itinerary to Spring Airlines before they can apply for a refund.
24.4 Passengers who pay by international credit card should apply for a refund within 180 days after purchasing tickets. In the event the time limit is exceeded, the company will not be able to refund in the original currency of payment. Passengers’ refund requests will be processed through bank channels.
Article 25 Involuntary Refunds
25.1 Involuntary refunds shall be subject to the following rules:
25.1.1 If the ticket is unused, the ticket fare and taxes paid will be refunded in full without a refund fee;
25.1.2 If the ticket has been partially used, the amount to be refunded equals the ticket fare paid by the passenger minus the fare of the used segment, at the same discount rate as that applicable to the original fare paid; The remaining portion of the ticket price shall be refunded to the passenger, provided that it shall not be more than the full fare paid for the original ticket.
25.2 Under the circumstance where a flight lands in an unscheduled stop, and a passenger requests for a refund, the amount of the ticket from landing stop to arrival stop shall be refunded according to the discount or cabin class of the original ticket, but no more than the original fare paid, and no refund fee will be charged. The applicable courier fare from landing stop to arrival stop shall be referred to in priority. Where there is no public fare between the two stops, the refund shall be subject to the hard-seat price between the stops.
25.3 After a passenger voluntarily changes his or her flight and pays a change fee and the fare difference, in case of irregularities of the changed flight, and the passenger requests for a refund, which meets the conditions for an involuntary refund, the fare and taxes will be refunded in full, but the paid change fee will not be returned.
Article 26 Voluntary Refunds
26.1 Unless otherwise specified in Paragraph 26.2, 26.3, 26.4, 26.5 and 26.7 in the article hereof, the voluntary refund of passengers shall be handled according to the current voluntary refund rules of Spring Airlines:
26.1.1 If the passenger ticket is unused, after deducting the refund fee, the remaining ticket price and taxes shall be refunded.
26.1.2 If the passenger ticket has been partially used, after deducting the applicable ticket price and relevant taxes of the used segment and the refund fee for the unused segment, the remaining balance shall be refunded to the passenger, but it shall not exceed the originally paid amount.
26.1.3 If the applicable ticket price of the used segment is greater than or equal to the full fare, the fare of the unused segment shall not be refunded, but the refundable taxes for the unused segment shall be refunded to the passenger.
26.1.4
If a passenger with a special fare ticket requests a refund, the refund
shall follow the provisions for the special fare (if any).
26.2
Disabled veterans and the people's police officers who are disabled
while on duty and disabled fire and rescue members who have booked a
ticket with a 50% discount on regular adult fare by presenting the Disabled Veteran's Certificate of the People's Republic of China, the Disabled Police Certificate of the People's Republic of China, and the Certificate of Disabled Members of National Fire and Rescue Force
may refund their tickets for free. For such passengers described above
who have booked a discounted ticket in other class cabins as published
by Spring Airlines, ticket refund shall be handled as per the rules
applicable to corresponding class cabins.
26.3 Passengers who purchase non-seat-occupying infant tickets and request a refund may get the refund for free. Passengers who purchase seat-occupying infant tickets and request a refund will have the refund fee deducted as per the corresponding cabin class.
26.4 If a passenger holding the child ticket requires a refund, the refund fee will be deducted as per the corresponding cabin class.
26.5 Refund due to Illness
26.5.1 Passengers who request for refund due to illness after ticket purchasing must submit to Spring Airlines before the stipulated departure time of the flight the diagnosis proof (including medical certificate and medical record) issued by hospitals and their subordinate medical institutions as found on the website of the National Health Commission (http://zgcx.nhc.gov.cn:9090/unit), together with the original medical invoice or the original electronic version (including electronic invoices) issued by the medical unit with an amount of more than RMB 100 yuan printed by the hospital computer and the their ID, and the passengers will not be charged refund fee. Such passengers need to provide all the documents to Spring Airlines before the scheduled departure time of the flight. For passengers with sudden illness or temporary illness at the scheduled stop, the carrier will immediately contact the flight surgeon or local hospital to confirm whether the passengers meet the conditions for continuing travel. If the travel needs to be terminated, a special refund can be handled in accordance with 26.5.2 of this article. Please note:
(1) The content of the medical voucher (including the patient's name, consultation time, illness, charge items, etc.) must match the actual one and must not be altered, otherwise it will be considered as a false voucher and will not be accepted. The medical voucher must be issued after the ticket is issued and before the flight departure time.
(2) Spring Airlines will review the documents submitted by the passenger. In case of doubtful applications for medical refund, Spring Airlines reserves the right to require the passenger to submit other authentic and valid documents within 10 days from the date of the dispute.If the passenger cannot provide the required documents, refund due to illness will be unavailable.
26.5.2 Under the circumstance that any passenger requests for a refund because he or she got sick, all fare shall be returned if such request is made at the airport of departure. And if such request is made at any scheduled stop, the fare for segments that have already been used will be taken out and the remainder will be returned to the passenger.
26.5.3 If a passenger's companion requests a refund, he or she must submit the request at the same time as the sick passenger. If the companion and the sick passenger are not in the same order, he or she must also provide proof of the relationship, such as a household register or marriage certificate. The maximum number of traveling companions shall not exceed five. If the above conditions are met, the refund fee will be waived.
26.6 Refunds due to Death
26.6.1 If a passenger dies before the trip, his/her remains cannot be transported by air passenger carriage.
26.6.2 Under the circumstance that any passenger dies before the trip starts or during the trip, the immediate relative, ,agent of the deceased passenger or ticket payer may demand a refund for the tickets with a valid death certificate issued and stamped by public security organ and it shall be free of refund fee.
26.6.3 In the case of refund for deceased passenger, all fare shall be returned if such request is made at the airport of departure. And if such request is made at any scheduled stop, the fare for segments that have already been used will be taken out and the remainder will be returned.
26.6.4 Under the circumstance that the companion of the deceased passenger requests for refund for his or her passenger ticket, he or she must also go through the refund procedures of the deceased passenger. If the companion and the deceased passenger are not in the same order, he or she must also provide proof of the relationship, such as a household register or marriage certificate. The maximum number of traveling companions shall not exceed five. If the above conditions are met, the refund fee will be waived.
26.7
Connecting ticket and return ticket holders who intend to voluntarily
refund will be charged refund fees for various segments as voluntary
refunds described in these Terms.
26.8 Unless otherwise specified in
applicable fare conditions, refund charges are calculated based on the
price indicated on the passenger ticket.
Article 27 Group Passengers
Unless otherwise specified by Spring Airlines on specific products, passengers having purchased group tickets shall refund their tickets as per the rules applicable to corresponding class cabins.
Article 28 Right to Reject Refunds
28.1 Passengers who request for a refund should make the request to Spring Airlines within the validity period of their ticket. Spring Airlines does not accept any refund applied after the passenger tickets have expired.
28.2 Spring Airlines does not accept any refund for a passenger to the place where the passenger is refused entry or the place where the passenger is repatriated. Nonetheless, such tickets will be refundable if the passenger can prove to Spring Airlines that he or she is allowed to stay in the country, or that he or she is leaving the country on another Spring Airlines' flight or by other means.
Article 29 Location for Refunds
To request for a refund, passengers may contact the office where the ticket is issued or go to Spring Airlines’ direct channels, except for special fares, which are subject to other restrictions on the location for refunds. Passengers who have made payments with cash or via a POS machine have to make refunds at the office where the ticket is purchased.
Article 30 Refund Method
30.1 In typical cases, Spring Airlines will refund the fare by the original payment method and currency according to the passenger’s payment method at the time of purchase.
30.2 For passengers paying in foreign currency, due to the difference resulting from currency exchange, the fare returned to the passengers’ cards may be different from the amount credited by the credit card or debit card company, and the passengers have no right to file a claim with Spring Airlines for such difference.
Article 31 Payee of Refund
31.1
Spring Airlines has the right to refund the ticket for the passenger
whose name is indicated on the passenger ticket only, or to refund the
payer who can show sufficient proof of payment and identification.
31.2 Under the circumstance where the passenger specified on the ticket
is not the one who paid for the ticket, Spring Airlines can return the
ticket fare to the payer or the person designated by the payer according
to the original payment method.
31.3 In addition to refunding
through the official electronic channels of Spring Airlines, a passenger
who requests for a refund should present his or her valid ID; if the
payee of refund is not the passenger specified on the ticket, valid IDs
of both the passenger and the payee are required.
31.4 If Spring
Airlines returns the ticket fare to the person who holds the original
copy of the e-ticket itinerary and meets the provisions in Paragraph
31.1, 31.2 and 31.3, it shall be deemed as legitimate refund and Spring
Airlines’ carriage responsibility will be immediately relieved.
Chapter X Boarding
Article 32 General Provisions
32.1 The cut-off time for check-in varies from airport to airport. Passengers should, before the cut-off time for check-in prescribed by Spring Airlines at each airport, complete all their check-in procedures such as having their baggage checked and collecting their boarding passes by their valid IDs. Passengers shall ensure that they use the same IDs in purchasing the ticket as they use for check-in.
32.2 In the event that any passenger fails to make it to Spring Airlines’ check-in counter or gate or fails to present his/her valid identify document and transportation voucher, Spring Airlines has the right to refuse to transport him/her in order to ensure normal flights. Spring Airlines shall assume no responsibility for the passenger’s loss and any expense caused thereby.
32.3 The cut-off time for check-in varies from airport to airport, and Spring Airlines or its sales agents shall inform passengers of such information. Passengers can also check Spring Airlines’ website for information on the cut-off time for check-in at each airport. Passengers who purchase code sharing flight ticket should be informed of the location of check-in counter of the actual carrier. Passengers should arrive at the counter early enough to check in.
32.4 Spring Airlines and its ground handling agents should open the check-in counter on time to take the passengers’ effective flight certificate in accordance with relevant rules, and check them in without delay. Passengers, their baggage and free carry-on items must go through security check before boarding.
32.5 Passengers should wait at the boarding gate before the time specified by Spring Airlines, as indicated on the boarding pass.
32.6 After the door of an aircraft is closed, the captain has the right to reject a passenger’s request to abort the trip, except when the captain confirms that there is a force majeure, a passenger has a sudden illness, or there is a life-threatening situation; passengers who disturb the order on board shall bear the corresponding legal consequences.
32.7 Passengers using international credit cards are advised to bring with them the foreign credit cards (e.g., JCB, VISA, MASTER) they used to pay for the ticket at check-in. It is recommended that the card holders who purchase tickets for relatives etc. carry both sides of the original or copy of the credit cards used for ticket purchasing for possible on-site inspection. If the passenger fails to pass the card inspection, the company will have the right to refuse to go through the check-in procedures. The passenger who fails to comply with this provision will bear the losses caused thereby.
32.8 If a passenger is unable to fly according to relevant national regulations, Spring Airlines has the right to reject his/her boarding, and the purchased ticket shall be handled in accordance with the provisions of voluntary refund.
Article 33 Seat Arrangement on Board
33.1 Spring Airlines will try its best to arrange seats as requested by passengers in advance, but does not guarantee to provide seats as completely designated by passengers.
33.2 For flight safety, the seats at the emergency exits of the aircraft are arranged by Spring Airlines.During check-in, Spring Airlines and its ground handling agent should consult with all passengers assigned to exit seats and explain their obligations. If a passenger assigned to an exit seat is likely to be unable to perform 33.2.1 according to the assessment by the ground or cabin staff, or if the passenger requests not to sit in the exit seat, he/she should be immediately reassigned to a non-exit seat.
33.2.1 Capabilities required for passengers in exit seats
(1) Confirm the location of the emergency exit.
(2) Recognize the initiation mechanism of the emergency exit.
(3)Understand the instructions of operating the emergency exit.
(4) Operate the emergency exit.
(5) Assess whether the conduct to open the emergency exit will bring more harm to passengers due to exposure.
(6) Follow the crew’s oral instructions or gestures.
(7) Store or fix the emergency exit, thus preventing inconvenience in using it.
(8) Assess the slide’s situation, operate it, and help others leave from it after steadying the unfolded slide.
(9) Pass expeditiously through the emergency exit.
(10) After assessment and selection, exit along the safe route and through the emergency exit.
33.2.2 The following passengers cannot be assigned to exit seats:
(1) The person’s arms, hands and legs lack movement function, power or flexibility, so he/she cannot:
(a) Reach the emergency exit or emergency slide operating mechanism upwards, sideward or downwards;
(b) Push, pull, turn or manipulate the operating mechanism of the emergency exit;
(c) Push, strike or pull the operating mechanism of the exit door or open the emergency exit;
(d) Lift, grip or put the object of which the size and weight is close to the exit window over the wing on the neighboring seat or move it over the seat back to the next row ;
(e) Move the obstacle of which the size and weight is close to the exit window over the wing;
(f) Reach the emergency exit rapidly;
(g) Keep balance when move the obstacle;
(h) Pass the exit rapidly;
(i) Steady the slide after it has unfolded;
(j) Help others to leave through the slide.
(2) The person is less than 15 years old or more than 70 years old (inclusive), or the person cannot fulfill one or more duties listed in 33.2.1 without the assistance of accompanying adults, parents or other relatives.
(3) The person lacks the capability of reading and understanding the requirements or emergency evacuation instructions illustrated with words, pictures or tables by Spring Airlines or the crew’s oral orders.
(4) The person lacks sufficient visual capability to perform one or more duties listed in 33.2.1 without the assistance of visual aids other than contact lenses or eyeglasses:
(5) The person lacks sufficient aural capability to hear and understand the cabin crew’s instructions without the assistance of equipment other than hearing-aids.
(6) The person lacks capability to transmit the information to other passengers orally;
(7) The person has other matters or responsibilities that may result in inconvenience to perform one or more duties listed in 33.2.1. For example, he/she needs to take care of children or he/she may get hurt if he/she performs the above duties.
33.3 Spring Airlines reserves the right to allocate or re-allocate seats on the plane for operational, safety or security needs, even after passengers have boarded and/or been seated.
Article 34 Discontinuation of Travel
34.1 If a passenger discontinues his/her travel involuntarily, Spring Airlines and its ground handling agent shall arrange for the passenger to take a subsequent flight or allow them to choose other means of transportation according to the their needs and arrange for food and lodging if necessary. If the passenger requests for a refund, it shall be handled according to the provisions on involuntary refund.
34.2 If a passenger voluntarily discontinues his/her travel, the carrier or ground handling agent shall regard him/her as having given up the segment, and the ticket shall be handled as voluntary change or refund.
34.3 The baggage of a passenger who has gone through check-in or boarding procedure but has not boarded the aircraft shall not be loaded or left on the aircraft. When a passenger discontinues his/her travel in the middle of an aircraft flight, Spring Airlines and its ground handling agent shall unload his/her baggage.
Article 35 No-show
35.1 In the case of no-show due to the reason of the passenger, the change or refund shall be handled in accordance with the voluntary change or voluntary refund rules of these Terms.
35.2 In the case of no-show due to Spring Airlines’ fault, the change or refund shall be handled in accordance with the involuntary change or involuntary refund rules of these Terms.
Article 36 Missing Flight
36.1 In the case of missing flight due to the reason of the passenger, the change or refund shall be handled in accordance with the voluntary change or voluntary refund rules of these Terms.
36.2 In the event that any passenger misses his or her flight due to Spring Airlines’ fault, the change or refund shall be handled in accordance with the rules on involuntary change or refund.
Article 37 Taking Wrong Flight
37.1 If a passenger takes the wrong flight due to his/her own reasons, Spring Airlines will arrange him/her to take the earliest Spring Airlines flight to the destination specified on his/her ticket, and the ticket price will not be refunded. If the passenger requests to terminate his/her trip at the wrong destination, the rules on voluntary refund shall prevail.
37.2 If a passenger takes the wrong flight due to Spring Airlines’ reasons, Spring Airlines will arrange him/her to fly directly from the wrong destination to the planned destination free of charge, or adopt ground transportation to transport him/her to the destination free of charge. If the passenger requests a refund, the rules on involuntary refund shall prevail.
Chapter XI Baggage Transport
Article 38 General Provisions
38.1 Spring Airlines accepts baggage that contains items in compliance with Paragraph 3.34 of these Terms only.
38.2 Articles prohibited by the place of origin, the scheduled stop and
the destination country or region, articles restricted for transport,
dangerous goods as well as other items that smell or may stain the
aircraft shall not be deemed as baggage or secretly carried in checked
baggage. Spring Airlines may refuse to accept or stop the carriage of
such items should it find any while collecting the baggage or during
transport.
Article 39 Items that may not be transported as baggage
The following items may not be deemed as baggage or secretly carried in checked baggage, nor taken into the cabin:
39.1 Hazardous Substances
1. Secured baggage containing dangerous substances (e.g. lithium
batteries and/or pyrotechnic substances), including briefcases, safes,
and other baggage secured with a password or security features (with the
exception of baggage that meets the requirements in DGR 2.3.2.6).
2. Explosives categories, explosive equipments, fireworks products and imitations of the above items. All issues (except for the ammunition carried by state security personnel performing official duties) concerning the relevant regulations on aviation safety and security, shall be carried out according to the relevant requirements of the Department Of Public Safety.
3. Flammable or explosive substances, including compressed and liquefied gas, flammable liquids and solids, spontaneously combustible substances, water-reactive substances, and organic/inorganic oxidants.
4. Toxic substances, including cyanide and toxic pesticides.
5. Corrosive substances, including sulfuric acid, hydrochloric acid, nitric acid, batteries containing liquid electrolyte, sodium hydroxide, and potassium hydroxide.
6. Radioactive substances, including radioisotopes and other radioactive substances. When carried by staff members of the Organization for the Prohibition of Chemical Weapons (OPCW) on official travel as carry-on or checked baggage, instruments containing radioactive substances exceeding the radioactivity limits specified in Table 2-12 of the Technical Instructions for the Safe Transport of Dangerous Goods by Air issued by the International Civil Aviation Organization (e.g. chemical agent monitors (CAM) and/or rapid alarm and identification device monitors (RAID-M)).
7. Disabling devices containing irritant or incapacitating substances, such as tear gas, pepper spray, and other harmful substances.
8. Small medical gaseous oxygen devices, air devices and personal medical oxygen devices containing liquid oxygen. In the event of emergency, these devices should be requested by passengers in advance and then provided by the airline.
9. Lithium batteries recalled by the manufacturer for safety reasons; lithium-ion batteries/battery packs with a Watt-hour (Wh) rating greater than 160 Wh, lithium-metal batteries/battery packs with a lithium content in excess of 8 g (except lithium battery-powered wheelchairs or mobility devices); lithium batteries with an unspecified lithium content or capacity (e.g. unlabeled batteries, or batteries with an illegible label).
10. Electroshock weapons (e.g. tasers).
11. Other items that may endanger the safety of the aircraft, such as strong magnetic materials that may interfere with on-board instruments and substances with strong, irritating odors.
12. Personal safety matches or safety lighters, including cigarette lighters and lighters driven by lithium batteries. The “safety matches or lighters” mentioned in the present article, also includes friction matches, million matches, mini cigarette lighters, igniters, lighter fuels, and lighter inflatable container.
13. Wheelchairs and other mobility devices containing spillable batteries.
14. Small portable lithium battery-powered vehicles, such as smart balance vehicles, electronic scooter, electronic smart folding bicycle, electronic unicycles, etc.
15. Baggage equipped with non-removable lithium battery (including smart cycling luggage), which contains over 0.3g lithium or the rated energy of which surpasses 2.7Wh.
39.2 Firearms/ammunition must not be transported as baggage unless it is allowed by Spring Airlines and the public security organ. Firearms that are allowed to transport must be unloaded, safety on and properly packed as required. The transport of ammunition must meet the airline’s dangerous goods transport rules.
39.3 Ordnance, police weapon, e.g., electric billy, defibrillator.
39.4 Controlled knives, including daggers, bayonets, three-square tools
(including three-square scrapers for mechanical purpose), spring knives
with automatic devices (assisted knives), and other similar
single-edged, double-edged, three-square sharp knives, etc.
39.5 Living animals, except for small animals, guide dogs and hearing dogs specified in Article 50 of these Terms.
39.6 Other dangerous goods restricted for carriage according to ICAO, IATA-DGR and national regulations.
39.7 Items with package, shape, weight, volume not suitable for transport.
Article 40 Items that may not be transported as checked baggage
40.1
Items that require special care, such as important documents and
materials, negotiable securities, currency, draft, jewelry, precious
metal and its products, silverware, valuables, antiques and paintings,
fragile articles, perishable articles, samples, travel documents and so
forth may not be deemed as checked baggage or secretly carried in
checked baggage. Instead, they should be taken into the cabin as
carry-on items.
40.2 Spring Airlines shall assume liability for loss
or damage of above mentioned items carried secretly in checked baggage
as common checked baggage only.
Article 41 Items restricted for carriage
The
following items may only be transported provided that they are in
compliance with Spring Airlines' air transport conditions and approved
by Spring Airlines:
41.1 Precise instruments, electrical appliances,
musical instruments, etc. If they comply with Spring Airlines' rules on
unchecked baggage, passengers may carry them into the cabin and should
keep such items by themselves. In case such an item is heavier or larger
than the specified limits on unchecked baggage, yet meets the carrier’s
conditions for seat-occupying baggage, the passenger may take it into
the cabin and bear the sole responsibility for safekeeping. If they are
to be transported as checked baggage, the following requirements shall
be met:
(a) Each piece is no more than 50kg in weight, and do not exceed 40×60×100cm in dimension.
(b) Precise instruments, electrical appliances, musical instruments and other items must be packed in original packaging or packed as per Spring Airlines’ rules on checked baggage before being checked in. Passengers are advised to, before the check-in procedures, pack them in hard-shell boxes, and fill the boxes with paddings to prevent them from shaking during transport and causing unnecessary damage.
(c)
The weight of precision instruments, electrical appliances, musical
instruments and other items may be included in the free baggage
allowance.
41.2 Sports equipment, including guns and ammunition for
sports purposes (The transport of guns and ammunition shall be subject
to the relevant rules on the transport of dangerous goods and aviation
security).
41.3 Small animals, guide dogs and hearing dogs specified in Article 50 of these Terms.
41.4 Diplomatic pouch, confidential documents.
41.5 Folding wheelchair or electric wheelchair that passengers use during their travel.
41.6 Sharp tools and blunt tools other than controlled knives, such as
swords, knives and other similar articles classified as antiques or
tourist souvenirs.
41.7 Dry ice, alcoholic drinks, smoking set, medicine, cosmetics and so forth that passengers need during their travel.
41.8 Liquid, gel and aerosol in each passenger’s carry-on baggage. Such items must be placed respectively in containers no more than 100ml in volume, and the total volume shall be no more than 1l.
41.9 Lithium-ion batteries. They shall not be transported as checked baggage.
41.10 For information on the transport of other restricted items, please visit Spring Airlines’ website or call its customer service hotline.
Article 42 Checked Baggage
42.1
Checked baggage must be properly packed, locked and buckled, tightly
lashed, able to bear certain pressure, can be safely loaded, unloaded
and transported under normal operating conditions, and meet the
following conditions:
1. Suitcases, travelling bags and handbags must be locked;
2. Two or more pieces of baggage can’t be lashed into one piece;
3. No other items are attached to the baggage;
4. Bamboo basket, net bag, straw rope, straw bag and plastic bag may not be used as the outer packaging of baggage;
5. A passenger shall affix his/her name or other personal marking for
easy identification before the baggage is collected and transported;
6. Saw dust, risk husk, turfgrass chippings may not be used as backing inside any baggage.
42.2 Each piece of checked baggage on domestic flights should not be
over 50kg nor should it be larger than 40×60×100cm.Each piece of checked
baggage on International and regional flights should not be over 32kg
nor should it be larger than 40×60×100cm. Baggage heavier or larger than
above mentioned limits shall not be checked in without Spring Airlines’
prior consent.
Article 43 Unchecked Baggage
43.1 Every passenger is allowed to take one piece of unchecked baggage into the cabin provided that it's not over 7kg nor larger than 20×30×40cm; passengers purchasing upgraded carry-on baggage products and SpringPlus Class products are allowed to carry baggage not exceeding 10kg in weight and 20×40×55cm in size. Otherwise it should be transported as checked baggage.
43.2 The baggage brought into the passenger cabin should be able to be placed under the seat in front of the passenger or in the baggage rack on top of the passenger cabin, and articles which are considered to be over-sized, over-weight and exceeding the prescribed amount according to Paragraph 43.1 of these Terms shall not be brought into the passenger cabin.
43.3 According to relevant provisions, passengers who interfere with the control of the abovementioned baggage and disrupt the civil aviation production and operation order are regarded as “airplane trouble makers”. If their carriage is refused by Spring Airlines for this reason, their unused tickets will be handled according to the voluntary change and refund provisions of these Terms.
Article 44 Free Baggage Allowance
44.1 Unchecked baggage in compliance with Paragraph 43.1 of these Terms may be transported for free. The unchecked baggage allowance entitled to passengers is related to the class of the tickets products they purchase. Please refer to the baggage rules page on Spring Airlines’ official website for details. (Website: https://flights.ch.com/baggage-rule)
44.2
Spring Airlines will charge excess baggage charge for checked baggage
beyond free baggage allowance according to Article 45 of these Terms.
44.3 Two or more passengers heading for the same destination on the
same flight may combine their free baggage allowances together while
checking in their baggage provided that they can prove that they are
travelling together at the same time, same place or by other means.
44.5 The disabled can have any necessary assistive device (folding
wheelchair, cane, artificial limb, etc.) checked in for free.
44.6 For infant passengers, there is no free baggage allowance, but each of them is allowed to check in one folding stroller for free.
Article 45 Excess Baggage Charge
45.1
If the weight of any passenger’s checked baggage and unchecked baggage
is over the passenger’s free baggage allowance, the excess weight will
be deemed as excess baggage and charged excess baggage charge.
45.2 An excess baggage ticket or e-invoice should be issued for excess baggage charge collected.
45.3 Excess baggage charge and its calculation shall be handled
according to Spring Airlines rules. Please refer to the baggage rules on
the official website of Spring Airlines (https://flights.ch.com/baggage-rule).
Article 46 Declared Value for Carriage
The Declared Value for Carriage service is temporarily unavailable.
Article 47 Right of Search
Spring Airlines may search passengers' baggage in the passengers' presence for safety concern; it may even search passengers' baggage together with relevant authorities when necessary. Spring Airlines assumes no responsibility for any loss incurred on passengers who fail to show up when they learn that their checked baggage is being inspected. In the event that any passenger refuses to accept such search, Spring Airlines has the right to refuse to transport his or her baggage.
Article 48 Requirements for Baggage Collection & Transport
48.1
Passengers must check their baggage in by valid passenger tickets.
Spring Airlines should accurately record the number of pieces and weight
the checked baggage.
48.2 Baggage collection by Spring Airlines may only be done during check-in on the date when the flight departs.
48.3 Spring Airlines should tie a baggage tag to every piece of checked
baggage and hand the identification stub to the passenger. Unchecked
baggage approved by Spring Airlines will be taken into the cabin and
taken care of by the passengers themselves after they have been weighed
together with the checked baggage.
48.4 In the event that any
passenger intends to check in any controversial baggage, Spring Airlines
has the right to require the passenger to sign a liability waiver so as to relieve Spring Airlines from its corresponding transport responsibility.
48.5 For assistive devices for the disabled, passengers are not required to sign a liability waiver unless the devices have been damaged before transport.
Article 49 Baggage Transport
49.1
Passengers and their checked baggage should be transported by the same
flight. In the event that any passenger is separated from his or her
checked baggage under exceptional circumstances, Spring Airlines should
give the passenger an explanation and arrange it to be transported by
subsequent flight first where the carrying capacity allows.
49.2
Passenger's excess baggage should be transported along with the
passenger by the same flight provided that the carrying capacity of the
aircraft allows. If the carrying capacity is not allowed, excess baggage
that has not been arranged with Spring Airlines in advance may not be
transported as carry-on baggage. If the passenger refuses to have it
transported by subsequent flight, Spring Airlines may reject such
baggage.
Article 50 Small Animals and Service Dogs
50.1 Small animals include domestic dogs, cats, birds, and other pets. Wild animals, animals with unusual body shapes or animals that may cause injuries (such as snakes) do not fall into this category.
50.2 As the cargo holds on most of our aircrafts is not supplied with oxygen, small animals are not accepted for carriage.
50.3 Service dogs are specially trained to help people with disabilities. There are various types of service dogs, including assistance, guide, and hearing dogs.
50.4 Service dogs accompanying disabled passengers are accepted for carriage in the cabin. Each disabled passenger is entitled to travel with one service dog. Each flight segment can accommodate a maximum of 4 service dogs.
50.5 Passengers traveling with a service dog must submit an application when making a reservation, no later than 24 hours before the scheduled departure time. A copy of the service dog certificate and quarantine certificate must be submitted together with the application.
50.6 The passenger is responsible for the carriage of their service dog to the airport and must present the service dog certificate and quarantine certificate during check-in.
50.7 Service dogs must complete security procedures before boarding. Passengers will be requested to empty the dog's waste bag before proceeding through security.
50.8 The passenger assumes full responsibility for his or her service dog. Spring Airlines shall not be held liable for any injury, illness or death of service dogs unless such damages are solely due to its negligence.
50.9 Food and food containers for service dogs are not counted as part of the free carry-on baggage allowance.
50.10 Service dogs must be leashed before boarding and are forbidden from occupying a seat or running through the cabin. The dog's muzzle may be removed if consent is obtained from neighboring passengers.
50.11 Service dogs that travel on domestic flights must be accompanied by official certificate and a quarantine certificate issued by the relevant quarantine authorities.
50.12 Service dogs that travel on international flights must be accompanied by the following documents:
(a) Quarantine Certificate and Rabies Vaccination Certificate issued by the national animal and plant quarantine authorities;
(b) Entry, exit, or transit permit;
(c) Other documents required by the destination or transit country (refer to the requirements of the relevant country for details).
50.13 The Special Baggage Captain Notice should be filled in according to the requirements of Spring Airlines to accept the service dog.
Article 51 Baggage in Violation of Regulations
Checked
baggage or unchecked baggage that contains any prohibited article,
restricted article or dangerous article specified by the state shall be
deemed as baggage in violation of regulations. Spring Airlines shall
handle such baggage in accordance with the following rules:
51.1 For
baggage in violation of regulations found at the airport of departure,
Spring Airlines has the right to reject its transportation; if the
baggage is found after being collected, Spring Airlines has to right to
cancel the carriage or continue to transport it after removing relevant
items, and the excess baggage charged collected shall not be refunded.
51.2 Spring Airlines should stop transporting baggage in violation of
regulations after finding it at any airport of scheduled stop and the
excess baggage charge already collected will not be returned to the
passenger.
51.3 Any prohibited article, restricted article or
dangerous article secretly carried in baggage in violation of
regulations will be handed over to relevant authorities.
51.4 Passengers are not entitled to claim any rights or claim for compensation against Spring Airlines regarding incompliant baggage.
Article 52 Withdrawal of Baggage
52.1
Under the circumstance where Spring Airlines needs to arrange any
passenger to switch to other flight due to its own fault, carriage of
the passenger's baggage should also be changed accordingly and
overcharge for the excess baggage charge collected will be returned to
the passenger though payment for the shortage will not be demanded.
52.2 In the case of change of route or cancellation of transport due to
the fault of the passenger, the withdrawal of baggage shall be handled
in accordance with the following rules:
52.2.1 Passengers who intend
to withdraw their baggage at the airport of departure must request it
before the baggage is loaded. In the case of ticket refunding, baggage
already collected must also be withdrawn and the excess baggage charge
already collected will also be refunded in this case.
52.2.2 Unless
time doesn't allow, passengers may withdraw their baggage at the airport
of scheduled stop. However, the excess baggage charged for unused
segments are not refundable.
Article 53 Delivery of Checked Baggage
53.1
Passengers should claim their baggage by the identification stubs of
their baggage tags immediately after their flights arrive. Passenger
tickets should be handed over for verification when necessary.
53.2
Under the circumstance where any passenger fails to claim his or her
baggage immediately, Spring Airlines has the right to charge passenger
storage fee from the day after the baggage arrives. Spring Airlines has
the right to dispose of any perishable items carried in passengers'
baggage 24 hours after the baggage arrives.
53.3 Spring Airlines
delivers baggage by identification stub of baggage tag only. It shall
assume no responsibility for whether the person who claims the baggage
is the passenger himself or herself nor any loss or expenses caused
thereby.
53.4 Once the passengers' delayed baggage arrives, Spring
Airlines should notify the passengers to claim their baggage
immediately. Unless otherwise stipulated by the state, in the case of
delayed arrival of checked baggage caused by non-passenger reasons and
the passenger requests direct delivery, Spring Airlines shall directly
deliver the checked baggage to the passenger free of charge or negotiate
a solution with the passenger. Spring Airlines may not charge storage
fee for delayed baggage.
53.5
In the event that a passenger raises no objection while claiming his or
her baggage, it shall be deemed as the checked baggage has been
delivered in good condition, unless otherwise provided by law.
53.6 Spring Airlines has the right, but not the obligation, to verify
the passenger and the checked baggage. If the passenger is unable to
present the identification stub of the claimed baggage, he/she must
present sufficient evidence to confirm his/her right to the claimed
baggage. If necessary, Spring Airlines may require the passenger to
present a corresponding letter of commitment to assuming any liability
that may be caused to Spring Airlines as a result of claiming the
aforesaid baggage.
Article 54 Undeliverable Baggage
Spring Airlines may dispose of any undeliverable baggage that's not claimed 90 days after it arrives according to relevant rules.
Article 55 Disposal of Abnormal Carriage of Baggage
55.1
In the case of baggage delay, loss or damage, Spring Airlines or its
authorized ground handling agents should fill out the Baggage Carriage
Accident Record or the Accident Record for Damaged Baggage together with
the passenger, find out the cause as soon as possible and forward the
findings to the passenger and any unit concerned. Compensation for
baggage may be handled at the airport of departure, scheduled stop or
airport of destination.
55.2 Under the circumstance where the
checked baggage of any non-local passenger fails to arrive at the
airport along with the passenger by the same flight due to the reason of
Spring Airlines or its ground handling agent, which causes the
passenger certain inconvenience, Spring Airlines shall give the
passenger compensation for temporary supplies.
55.2.1 The company shall not provide compensation for temporary supplies in the following circumstances:
(1) Passengers arrive at this station on our company’s flight, but their baggage has been lost at the other station and thus is not carried by our company before the declaration of loss at this station.
(2) The baggage is delivered on the subsequent flight on the same day.
(3) The baggage is affixed with an exemption tag with "passenger's late checked baggage".
(4) The baggage was overweight and was removed due to insufficient capacity.
(5) The permanent or long-term address of the passenger is the destination of the checked baggage.
55.2.2 Appropriate compensation fee for temporary supplies of RMB 100-500 yuan shall be issued to passengers in one lump sum. Unless the passenger can prove that there are other actual losses, this compensation fee is the full amount that the passenger can claim.
55.2.3 After paying the compensation for temporary supplies, if the passenger’s baggage cannot be found and compensation is required, the compensation for temporary supplies shall be deducted as part of the company’s compensation for the luggage. If the baggage is found, there is no need for passengers to refund the compensation fee for temporary supplies.
Article 56 Claim for Compensation
In the event that any passenger's checked baggage is lost or damaged, he/she should submit a claim for compensation to Spring Airlines or its ground handling agents within the time limit specified in Article 70 hereof, and provide the latter with his or her passenger tickets (or photocopy), identification stub of baggage tag, Baggage Carriage Accident Record or Accident Record for Damaged Baggage, evidence for the content and price of the baggage as well as other relevant evidence.
Chapter XII Passenger Behaviors on Board
Article 57 Unlawful Interfering Acts and Disturbing Acts
If a passenger’s act on the aircraft endangers the safety of the aircraft or any person or property on the aircraft, or hinders the crew members from performing their duties, or fails to obey the crew’s instructions, or the passenger has other acts to which other passengers have reason to object, the captain may take such measures as he/she deems necessary to prevent the continuation of such acts, including the imposition of discipline on the passenger. The passenger may be asked to deplane at any location and be refused to continue his/her travel on the aircraft, and may be prosecuted for misconduct in the cabin.
57.2 Disposition of Unlawful Interfering Acts and Disturbing Acts
57.2.1 Unlawful interfering acts refer to acts or attempts such as endangering the safety of civil aviation and others. Unlawful interfering acts include but are not limited to:
(1) Unlawful hijacking of an aircraft;
(2) Destroying an aircraft in use;
(3) Taking hostages on an aircraft or at an airport;
(4) Breaking into an aircraft, an airport, or an aviation facility;
(5) Bringing weapons or dangerous devices or materials to an aircraft or an airport for criminal purposes;
(6) Causing death, serious bodily injury, or serious damage to property or the environment through an aircraft in use;
(7) Disseminating false information that endangers the safety of passengers, crew, ground personnel or the general public on an aircraft in flight or on the ground, at an airport, or in a civil aviation facility.
57.2.2 Disturbing acts refer to acts at a civil airport or on an aircraft that do not comply with the code of conduct or the instructions of airport staff or crew, thereby disturbing the good order at the airport or on the aircraft, which mainly include:
(1) Forcibly occupying seats or baggage racks;
(2) Fighting with others or provoking troubles;
(3) Illegally using mobile phones or other prohibited electronic devices;
(4) Theft, intentional damage or unauthorized movement of life-saving items and other aviation devices or forcible opening of emergency doors;
(5) Smoking (including electronic cigarettes) or using fire;
(6) Indecent assault or sexual harassment of people in the cabin;
(7) Disseminating obscene materials and other illegal printed materials;
(8) Hindering crew members from performing their duties;
(9) Other acts that disturb the order on the aircraft.
57.2.3 Disposal Measures
In accordance with national laws and civil aviation regulations, Spring Airlines will take necessary stopping and subduing measures or restraining measures against passengers’ unlawful interfering acts and disturbing acts that occur in the cabin, and ask them to leave the aircraft before takeoff or after landing, and has the right to claim compensation according to the losses caused by the passengers.
For passengers who disturb the order on the aircraft and the order of civil aviation transportation, endanger the personal and property safety of passengers and crew members, the flight safety of the aircraft, and public safety, refuse to listen to the crew’s dissuasion or warnings, smoke to trigger the smoke alarm, or hinder the crew members from performing their duties, Spring Airlines will call the police when necessary and hand them over to public security organs or judicial organs.
57.3 If a passenger is refused by Spring Airlines due to the acts listed in Paragraph 57.2 of these Terms, the ticket and taxes for the flight will not be refunded, and the rest unused passenger tickets shall be handled in accordance with the voluntary change and refund provisions of these Terms.
Article 58 Use of Portable Electronic Device
58.1 Portable electronic devices unrestricted on board
(1) Portable recorder;
(2) Hearing aids;
(3) Cardiac pacemaker;
(4) Electric razor;
(5) Small portable (one-handed) electronic devices that do not affect the aircraft navigation and communication system during use and can be quickly and securely placed in the seat pocket, including but not limited to:
(a) Small portable electronic devices with airplane mode, such as mobile phone and PAD, but the airplane mode should be turned on during flight, that is, the cellular mobile communication (voice and data) function should be turned off;
(b) E-reader;
(c) Small portable electronic device with wireless transmission function (transmitting power below 100mW).
(6) Life-sustaining medical electronic devices and equipment (with corresponding certification documents).
58.2 Portable electronic devices restricted on board
Large portable (non-one-handed) electronic devices with wireless transmission function (transmitting power below 100mW) such as laptop are prohibited from use during critical flight phases, and are allowed during the cruise phase, with the airplane mode on.
58.3 Portable electronic devices banned in the air
Portable electronic devices with a transmission power of 100mW or more whose transmission function cannot be turned off, including but not limited to:
(1) Portable electronic devices whose cellular mobile communication (voice and data) function cannot be turned off, such as mobile phones without airplane mode, mobile Wi-Fi, etc;
(2) Satellite phone;
(3) Interphone;
(4) Remote controlled toys and other portable electronic devices with remote controllers;
(5) Special equipment for confidential transportation (including lithium batteries and radio transmission devices).
58.4 The use of lithium battery power banks is prohibited throughout the flight.
Article 59 Smoking Prohibition on Flights
Smoking is prohibited on all Spring Airlines flights, and smoking tobacco and its substitutes are not permitted in any area of the aircraft.
Article 60 Safety Belts
60.1 Passengers should always keep their safety belts buckled on while they are seated.
60.2 Infants can be held by adults or restrained by infant seat belts.
Chapter XIII Passenger Services
Article 61 General Provisions
61.1 Adhering to the principle of ensuring aircraft safety and flight regularity and providing good services, Spring Airlines is dedicated to offering satisfactory air and ground handling service for passengers with a polite, warm and attentive attitude.
61.2 Spring Airlines is not responsible for the surface transport within the airport, between the airport and downtown or between airports in the same city, and Spring Airlines shall assume no responsibility for any act or omission of the provider of such surface transport service. In the event that Spring Airlines provides passengers with surface transport according to certain paid service agreement signed separately, these Terms shall not apply to such surface transport service.
61.3 The board and lodging and transportation expenses at the airport of connecting flight shall be borne by passengers themselves.
64.4 Under the circumstance where any passenger gets sick during the carriage by air, Spring Airlines should take active measures and try its best to rescue the passenger.
61.5 Except for the SpringPlus Class products on some flights, Spring Airlines does not provide free food and beverage on its flights. However, Spring Airlines will provide certain variety of paid meals, beverages and goods for passengers to choose. Spring Airlines may, according to its own security and service conditions, provide passengers with special additional paid services.
Article 62 Services for Abnormal Flights
62.1 Information Notification
62.1.1 Spring Airlines should provide the passengers with timely, accurate information on flight delay or cancellation, including the reason for flight delay or cancellation and flight status, through public information platform, official website, customer service center, SMS, phone call, announcement and so on within 30mins after getting the update on the flight status.
62.1.2 Spring Airlines and its authorized sales agents should strengthen their information communication and sharing, and communicate the information about the delay or cancellation announced by Spring Airlines to the passengers in time.
62.2 Board & Lodging Services
In the event of flight delay or cancellation, Spring Airlines and its ground handling agents shall provide the passengers with board and lodging services (free standard rooms with toilets) according to the following circumstances:
62.2.1 Under the circumstance where any flight is delayed or cancelled at the airport of departure due to the carrier's fault such as aircraft maintenance, flight deployment, flight crew and so forth, Spring Airlines shall provide meals or accommodation services for passengers. In the event of on-board delays, it shall be implemented in accordance with the Spring Airlines Contingency Plan for On-board Delays published on the official website of Spring Airlines.
62.2.2 Under the circumstance where any flight is delayed or cancelled at the airport of departure not due to the carrier’s reasons such as weather, emergency, air traffic control, security check, passenger and so forth, Spring Airlines will help the passengers with meals and accommodation at the expense of the passengers themselves.
62.2.3 In the event that any domestic flight gets delayed or cancelled at any airport of scheduled stop for whatever reason, Spring Airlines shall provide meals or accommodation services for the passengers.
62.2.4 In the event that any domestic flight lands at an alternate airport for whatever reason, Spring Airlines shall provide meals or accommodation services for the passengers.
62.3 Ticket Services
See Chapter VIII and IX of these Terms for more information on ticket services during flight delay or cancellation.
62.4 Passenger Services
62.4.1 Under the circumstance where any flight gets delayed or cancelled, Spring Airlines, its authorized sales agents or authorized ground handling agents will serve passengers who need special care first, including the disabled, seniors, pregnant women, unaccompanied minors and so on.
62.4.2 In the event that any passenger demands written proof of flight delay or cancellation, Spring Airlines should provide him or her with such certificate in time.
62.4.3 Under the circumstance where any flight gets delayed or cancelled, Spring Airlines and its authorized ground handling agents should provide passengers with reasonable explanations and services.
62.4.4 Spring Airlines shall develop and publish its onboard delay emergency plan to the public. Such plan should cover services such as onboard information notification for delay as well as conditions and restrictions for deplaning.
62.4.5 In order to provide better services to passengers and make their travel more convenient and comfortable, Spring Airlines will send the following information based on the contact information provided by the passengers, including but not limited to flight updates, seat selection, check-in and boarding reminders, insurance, baggage allowance and meal purchase, membership rules and destination product recommendations. The passengers understand and agree to this, and the passengers have the right to expressly refuse this service of Spring Airlines. Spring Airlines shall not be responsible for any consequences caused by the failure of passengers to receive the aforementioned information due to the telecommunication service reasons, passengers' refusal of service, or other reasons unrelated to Spring Airlines.
62.5 Spring Airlines does not promise any other compensation for flight delay or cancellation caused by whatever reason.
Article 63 Handling of Complaints
Service and complaint hotline of Spring Airlines: 95524.
Email for acceptance of complaints: cs@ch.com.
Online channel for acceptance of complaints: Online customer service of Spring Airlines.
Chapter XIV Additional Services
Article 64 General Provisions
64.1 Under the circumstance that Spring Airlines arranges other service provided by a third party besides carriage by air for passengers, or that Spring Airlines issues passengers any ticket or receipt voucher for any (non-aircraft) carriage or service provided by a third party, such as surface transport, hotel reservation or vehicle rental, Spring Airlines is only serving as an agent of such third party and will not be held liable for whether the passenger would get such services or the quality of such services while arranging above additional services. Unless otherwise required by law, Spring Airlines shall not be liable for any loss arising from the additional services. Terms and conditions of third party service providers apply to such services in this case.
64.2 In the event that Spring Airlines also offers surface transport, these Terms do not apply to such surface transport.
Chapter XV Administrative Procedures
65.1 All passengers must comply with China's laws, government regulations, orders, requirements and various rules on air travel, and accept any security check arranged by the government, airport authority and Spring Airlines.
65.2 Passengers should provide all valid documents required by China's laws, government regulations, orders, requirements or other travel conditions. Passengers shall be responsible for getting any travel documents and visa required by the country to enter, leave or transit, and shall follow all of the country’s laws, regulations, orders, instructions and travel requirements.
65.3 Spring Airlines reserves the right to reject carriage of any passenger who fails to follow above provisions or any passenger whose travel document is not in compliance with relevant requirements.
65.4 Denied Entry
Under the circumstance where any passenger has been denied entry, he or she should compensate any fine or fee that Spring Airlines is charged by relevant government as well as the carriage fare for the passenger to return from the country. Spring Airlines shall not return the fare for transporting the passenger to the place where he or she is denied entry.
65.5 Passengers shall assume expenses such as the fine, detention charge and so forth. Spring Airlines shall not be held liable for any loss or harm caused during such inspection, or any loss or harm resulting from passengers' failing to follow such requirements. Under the circumstance where Spring Airlines is asked to pay any penalty or fine, or bear any cost because any passenger fails to observe the laws, regulations, orders, requirements or other travel rules of relevant country, or fails to present the certificate required, the passenger should compensate for any payment or cost Spring Airlines bears for such cause. Spring Airlines may take above expenses out of the fare for the passenger’s unused segment or the passenger’s money that is held by Spring Airlines. In order to avoid any loss, passengers should learn and follow relevant provisions of the country of destination, departure or transit before travelling.
65.6 Customs Inspection
If so requested, passengers should accept the inspection of the customs or other government officers for their baggage.
65.7 Security Check
Passengers should accept any security check required by or needed to be performed by relevant government officer, airport staff, other carrier or Spring Airlines. Spring Airlines will not be held liable for any bodily injury, property loss or damage caused by such inspection unless such injury, damage or loss is due to Spring Airlines’ fault.
65.8 Passengers should be present when relevant authorities are checking their checked or unchecked baggage. Spring Airlines shall not be held liable for any loss resulting from passengers' absence during the security check.
Chapter XVI Liability for Damages & Limit of Compensation
Article 66 General Provisions
66.1
Spring Airlines is responsible for any damages occurred while it’s
fulfilling its air transport duties, unless otherwise specified in
relevant laws or contract.
66.2 Spring Airlines shall assume no
responsibility for any damages resulting from its following or
passengers' failing to follow China's laws, government regulations,
orders and requirements.
66.3 Spring Airlines' scope of liability
shall not exceed the amount of the damages verified. Spring Airlines
shall not be held liable for any indirect damages or consequential
damages. Where permitted by law, Spring Airlines shall not be liable for
any mental damages, nor shall it be liable for damages arising from
legal expenses.
66.4 Spring Airlines shall be only liable for carriage damages on its own flights according to law; in the event that Spring Airlines issues passenger tickets or checks in baggage for flights run by other carriers, it can only serve as the agent of such carriers in this case.
66.5 For the damages caused or contributed to by the fault of the passenger, Spring Airlines may, in accordance with applicable laws and regulations, be exempted and mitigated from the corresponding liability for compensation.
66.6 Spring Airlines shall not be liable for any injury to the passenger or damage to his/her baggage caused by his/her baggage or the content therein. Passengers who cause injury to others or damage to the property of Spring Airlines due to their articles shall compensate Spring Airlines for all losses resulting therefrom and all expenses paid by Spring Airlines.
66.7 If Spring Airlines can prove that such damages are caused by the fault of the claimant or those from whom the claimant is granted with right, Spring Airlines should be exempted or mitigated from its liability accordingly based on the degree of the fault that caused or contributed to such damages. In the case of compensation claim made by someone else other than the passenger for passenger casualty, if Spring Airlines can prove that the passenger is the one who caused or contributed to such casualty, Spring Airlines should also be exempted or mitigated from its liability accordingly based on the degree of the fault that caused or contributed to such loss.
66.8 Spring Airlines endeavors to provide third-party commercial liability insurance products for passengers to choose and purchase at their own expense, in order to mitigate possible delays in liability coverage or inadequate risk coverage. The payment of commercial liability insurance shall be without prejudice to Spring Airlines' legal liability for damages.
66.9 Any liability or limitation in relation to Spring Airlines in these Terms shall also apply to Spring Airlines’ agents, employees and representatives and to any person whose aircraft is used by Spring Airlines and its agents, employees and representatives. The aggregate compensation paid by Spring Airlines and above mentioned agent, employee, representative as well as anyone else shall be no more than the liability limitation of Spring Airlines.
66.10 Unless expressly provided by law, these Terms put Spring Airlines subject to any provisions of relevant laws and regulations regarding the exemption or limitation of liability of Spring Airlines.
66.11 The liability for damages and compensation limit of regional routes should be subject to the provisions of international routes.
66.12 Spring Airlines shall provide reasonable compensation in accordance with Chinese laws and regulations or relevant international conventions for losses caused by delays in air transportation of passengers and baggage. However, where flight delays are not caused by Spring Airlines’ intentional behaviors or gross negligence or unforeseen, uncontrollable or unavoidable reasons, or Spring Airlines is able to prove that it or its employees or agents have already taken all reasonably required measures to avoid losses or that all such measures are unavailable, Spring Airlines shall not be liable for compensation.
66.13 After the flight is delayed or cancelled, passengers shall take reasonable measures in time to avoid additional losses. If the passenger failed to take reasonable measures in time and the losses increased, Spring Airlines shall not compensate for the extra part.
66.14 International air transport defined by the Convention shall be subject to the liability rules as specified in the Convention. For international air transport which does not fall within the definition of the Conventions, Spring Airlines shall be liable for any damage to passengers and baggage caused by transportation in accordance with the relevant provisions of the Montreal Convention.
Article 67 Liability Limitation
67.1 Applicability of Liability Limitation
67.1.1
If it falls under “international carriage by air” specified in The
Montreal Convention signed in 1999, provisions on limitation of
liability in the Convention shall prevail.
67.1.2 If it falls under
“international carriage by air” specified in The Warsaw Convention
signed in 1929 or The Hague Protocol signed in 1955, but doesn’t fall
under “international carriage by air” specified in The Montreal
Convention signed in 1999, provisions on limitation of liability in the
first two shall apply.
67.1.3 If it doesn’t fall under
“international carriage by air” specified in any convention, bilateral
treaty or relevant provisions of domestic laws, government regulations
or orders such as the Civil Aviation Law of the People's Republic of
China shall prevail.
67.2 Provisions on Liability Limitation in the Conventions
67.2.1 The Warsaw Convention and The Hague Protocol
67.2.1.1 Spring Airlines’ liability limitation for passenger casualty
shall not be greater than 250,000 French gold francs or money
equivalent.
67.2.1.2 Spring Airlines’ liability limitation for
checked baggage is 250 French gold francs or money equivalent per
kilogram at most; its liability limitation for unchecked baggage and
passengers’ carry-on items is no more than 5,000 French gold francs or
money equivalent per passenger. Under the circumstance that there’s no
clear weight on the passenger’s baggage ticket, the total weight of
checked baggage shall be deemed as no more than the applicable free
baggage allowance for the passenger’s seat class.
67.2.2 The Montreal Convention signed in 1999
67.2.2.1 Article 20 and paragraph 1 of Article 21 of the Montreal
Convention are applicable to Spring Airlines’ liability for passenger
casualty of no more than 128,821SDRs per passenger.
67.2.2.2 For any
damages caused by delay in the course of carriage by air, Spring
Airlines’ liability limitation is no more than 5,346SDRs or money
equivalent per passenger. However, if it’s proved that Spring Airlines
and its employees and agents have already taken all reasonable actions
to prevent such damages or that it’s impossible to take such actions,
Spring Airlines shall not be held liable for such damages caused by the
delay.
67.2.2.3 Spring Airlines’ liability limitation for baggage
(including checked and unchecked baggage) is no more than 1,288SDRs or
money equivalent per passenger.
Article 68 Passenger Casualty
68.1
Spring Airlines will be held liable for the casualty accidents of
passengers that happen on Spring Airlines’ aircrafts or during the
process of getting on or off the aircraft. In the event that the age,
mental or health condition of any passenger causes any harm or danger to
him/her, thereby causing or aggravating any disease, injury, disability
or death of the passenger, Spring Airlines shall not be held liable.
68.2 During domestic carriage, Spring Airlines assumes responsibility
in accordance with the Civil Aviation Law of the People’s Republic of
China and relevant provisions on the liability limitation of carriers for domestic air transport.
68.3 During international carriage, in the case of international air transport defined by international conventions, Spring Airlines assumes responsibility in accordance with applicable international conventions; in the case of international air transport not defined by the Warsaw Convention, the Hague Protocol, or the Montreal Convention, Spring Airlines assumes compensation responsibility with reference to relevant provisions of the Montreal Convention.
Article 69 Compensation for Baggage
69.1
Spring Airlines shall be liable for any destruction, loss or damage of
passengers' checked baggage between the time when it's checked in and
the time when it's delivered to the passengers.
69.2 Spring Airlines
will not be held liable if it can prove that it has already taken all
reasonable actions or that it's impossible to take such actions.
69.3 Spring Airlines will not be liable for any damage of baggage
resulting from the intrinsic nature, quality or defect of the baggage.
69.4 Spring Airlines shall assume no responsibility for any personal
injury or property damage caused by the passenger's baggage. In the
event that the items in any passenger’s baggage cause any harm to others
or any damage to others’ belongings or Spring Airlines’ properties, the
passenger involved should compensate for all of Spring Airlines’ loss
and all expenses thus paid.
69.5 Spring Airlines shall assume
liability for loss or damage of items listed in Article 40 of these
Terms that are carried secretly in checked baggage as common checked
baggage only.
69.6 In the case of connecting flight, Spring Airlines
shall assume compensation liability for damage of baggage that's
transported through the air routes its runs only.
69.7 Under the
circumstance where all or part of any passenger's checked baggage is
damaged or lost during domestic carriage, Spring Airlines shall assume
the relevant liability in accordance with the limitation of liability
for domestic air carriers. The compensation for the damaged checked
baggage shall be no more than RMB 100 yuan per kilogram; the damaged
baggage will be compensated according to its actual value when its value
is less than RMB 100 yuan per kilogram; the maximum amount of
compensation for passengers' unchecked baggage shall not exceed RMB
3,000 yuan. If the value of the unchecked baggage is lower than the
above limit, the unchecked baggage will be compensated according to its
actual value.
69.8
In the event of destruction, loss or damage to any item in the
passenger's checked baggage or baggage, the weight used to determine
Spring Airlines’ liability limitation shall be the weight of the damaged
baggage or item only. Under the circumstance where the weight of the
lost baggage is uncertain, the weight of the lost baggage should only be
determined as the free baggage allowance the passenger is entitled to
at most.
69.9 Except for the loss due to the fault of Spring
Airlines, Spring Airlines shall not be liable for the damage caused to
the passenger's unchecked baggage or the baggage that occupies a seat.
69.10 If a passenger’s checked baggage is destroyed or lost, in the case of compensation for baggage, the excess baggage charge for the damaged baggage should be refunded.
69.11 For the domestic leg of international transportation, compensation for baggage shall be handled in accordance with the applicable regulations of compensation for baggage in international transportation.
69.12 Spring Airlines should inform relevant passengers as soon as possible after the lost baggage that has already been compensated is found. Relevant passenger should take back his or her baggage and return all of the compensation except for the compensation for temporary supplies. Under the circumstance where any fraud is found, Spring Airlines has the right to take back all of the compensation and take legal actions against relevant passenger.
Article 70 Time Limit for Filing Claims and Lawsuit
70.1 The acceptance by the passenger of the checked baggage without objection may be regarded as preliminary evidence that the checked baggage has been delivered in good condition and in conformity with the carriage certificate. Passengers are required to inform Spring Airlines of all lost baggage upon arrival of the flight and go through the formalities of abnormal baggage carriage records, which will serve as the original basis for raising objections. Spring Airlines will not accept the notification not made to Spring Airlines within the time limit as specified in Paragraph 70.2 of these Terms, and will not bear any responsibility for the possible loss of passengers.
70.2
In the event that any passenger's checked baggage is damaged and the
passenger intends to claim compensation, the person who has the right to
file a claim should raise an objection in written form to Spring
Airlines after finding the damage. In the case of damaged checked
baggage, the objection should be raised within 7 days as of the day the
baggage is received at the latest; in the case of delayed checked
baggage, an objection should be raised within 21 days as of the day the
baggage is delivered to the passenger at the latest. Those who fail to
raise any objection within the specified time limit may not file a claim
for damages against Spring Airlines.
70.3 The limitation of action
for liability for damages in air transport is two years and it should
start as of the day the aircraft arrives at the airport of destination
or the day the aircraft is supposed to arrive at the airport of
destination or the day when the carriage finishes. Passengers will lose
their right to claim compensation for damage should they fail to take a
legal action within the time limit.
Chapter XVII Effectiveness & Modification
Article 71 These Terms shall take effect as of October 11, 2024 and simultaneously replace the General Terms and Conditions for Carriage of Passengers and Baggage of Spring Airlines Co., Ltd. formulated previously.
Article 72 In the event the provisions of these Terms conflict with any mandatory provisions of relevant laws and regulations, the laws and regulations shall prevail though it does not affect the legal force of remaining provisions of these Terms. Where some provisions of the Civil Aviation Administration of China (CAAC) on which these Terms are based are updated or modified subsequently, which results in inconsistency between CAAC provisions and provisions hereof, the latest provisions introduced by CAAC shall prevail.
Article 73 Spring Airlines has the right to modify these Terms and its air transport rules in accordance with the provisions and procedures specified by CAAC without giving prior notice. However, This modification will not apply to the passengers who have purchased tickets before such modification. Where some provisions herein are inconsistent with other carriage provisions released via Spring Airlines’ official channels, in principle, those released on a later date shall prevail.
Article 74 Spring Airlines’ employees, authorized sales agents, authorized ground handling agents or other agents and their employees do not have the right to violate or modify these Terms, nor shall they over-interpret these Terms and make promises to passengers that go against the intent hereof.
Article 75 Although Spring Airlines tries to keep the consistency among various language versions, the other text versions of these Terms are only for the convenience of a specific customer group to read and understand. If there are inconsistencies or ambiguities among the versions or translations, this simplified Chinese version shall prevail.
*Previous version
General Terms and Conditions for Carriage of Passengers and Baggage of Spring Airlines Co., Ltd. (applicable to ticket sales from August1, 2023 to August16, 2023)
General Terms and Conditions for Carriage of Passengers and Baggage of Spring Airlines Co., Ltd. (applicable to ticket sales from Aug 17, 2023 to Mar 13, 2024)
General Terms and Conditions for Carriage of Passengers and Baggage of Spring Airlines Co., Ltd. (applicable to ticket sales from Mar 13,2024 to Jun 28,2024)
General Terms and Conditions for Carriage of Passengers and Baggage of Spring Airlines Co., Ltd. (applicable to ticket sales from Sep. 29,2024 to Oct. 10,2024)
Spring Japan (IJ) CONDITIONS OF CARRIAGE (DOMESTIC PASSENGERS AND BAGGAGE)
2. CHANGE OF CONDITIONS OF CARRIAGE, AND RELATED CHANGES.
5. GOVERNING LAW AND JURISDICTION
2. CANCELLATION OF RESERVATIONS
8. COMMUNICATION FAILURE, AND SIMILAR FAILURES.
1. PASSENGER’S VOLUNTARY CHANGE OF FLIGHT
2. COMPANY’S VOLUNTARY CHANGE OF FLIGHT.
3. CHANG OF FLIGHT DUE TO FORCE MAJEURE , AND OTHER REASONS.
Article - 7 SCHEDULES、CANCELLATIONS OF FLIGHTS
5. REFUND DUE TO FORCE MAJEURE, AND OTHER UNAVOIDABLE REASONS.
Article - 10 REFUSAL AND LIMITATION OF CARRIAGE
2. CONDITIONAL ACCEPTANCE FOR CARRIAGE
1. RESTRICITION OF ACCEPTANCE AS BAGGAGE
6. EXCESS BAGGAGE CHARGE ON CHANGE OF FLIGHT OR CANCELLATION
7. COLLECTION AND DELIVERY OF BAGGAGE
Article - 12 LIABILITY OF CARRIERS
Article - 13 TIME LIMITATIONS ON CLAIMS
Article - 15 MODIFICATION AND WAIVER
“Spring Japan” means Spring Airlines Japan Company Limited.
“Carrier’s Office” means an office of Carrier ( including, but not limited to, a city office and an airport office), an office of the agent designated by Carrier and/or Carrier’s website on the Internet.
“Applicable Laws, etc.” means such laws, cabinet orders and ministerial ordinances and other government regulations, rules, orders, demands or requirements of any state or country as will apply to Carriage of a Passenger and/or Baggage to be performed by Spring Japan.
“Carriage” means carriage of a Passenger and/or Baggage by air, either gratuitous or for reward.
“Domestic Air Carriage” means carriage by means of aircraft operated by Carrier, regardless of whether it is revenue or non-revenue carriage, and in respect to which, under the contract of carriage, the place of departure, the place of destination and any other place of landing are situated in Japan.
“Carrier” means an air carrier and shall include an air carrier issuing a Ticket and any air carrier that carries a Passenger and/or his /her Baggage under the Ticket or provides or undertakes to provide any other services incidental to such Carriage.
“Authorized Agent” means a passenger sales agent appointed by a Carrier to represent the Carrier in the sale of Carriage of Passengers over the services of the Carrier and, if authorized by the Carrier, over the services of any other Carrier.
“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 his/her travel. Unless otherwise specified, it includes both Checked and Unchecked Baggage of the Passenger.
“Checked Baggage” means Baggage of which a Carrier takes custody and for which the Carrier issues a Baggage Checked and Baggage Identification Tag.
“Unchecked Baggage” means such Baggage of a passenger other than Checked Baggage as Carrier permits the passenger to carry into the cabin.
“Baggage Identification Tag” means a document issued by a Carrier solely for the purpose of identification of Checked Baggage and consisting of two portions: the Baggage tag portion, which is attached by the Carrier to each Checked Baggage, and the Baggage claim stub, which is given to the Passenger.
“Passenger” means any person, except crew members, carried or to be carried in an aircraft with the consent of a Carrier.
“Infant” means a person who has not reached his/her second birthday as of the date of commencement of Carriage.
“Child” means a person who has reached his/her second birthday but not his/her twelfth birthday as of the date of commencement of Carriage.
“Days” means calendar days including all seven days of the week; provided that, for the purpose of calculating the number of days of a notice period, the day upon which such notice is dispatched shall not be counted and further provided that, for the purpose of determining the period of validity of a Ticket, the day upon which the Ticket is issued, or the flight is commenced, shall not be counted.
“Destination” means the ultimate stopping place under a contract of Carriage. In the case of a trip which returns to the place of departure, the Destination is the same as the place of departure.
“Ticket” means a form of electronic document recorded in Carrier’s electronic database (hereinafter referred to as an “Electronic Ticket”), or paper document, issued by Carrier pursuant to these Conditions of Carriage such as provides for the carriage of passengers on Carrier’s domestic lines, setting forth a portion of the conditions of a contract of Carriage and notices relating thereto and containing Electronic Flight Coupon.
“Electronic Flight Coupon” means such form of Flight Coupon as is recorded in Spring Japan’s database.
“Authentication Code” means a confirmation number that can prove that the passenger has an Electronic Ticket, that was used for payment or any other number designated by Carrier.
“Reservation confirmation form” means receipt constituting a portion of a Ticket as is issued by a Carrier, which document shall constitute a Passenger’s written evidence of a contract of Carriage.
“Change of Flight” means any change in a flight that was originally indicated or recorded in a duly-issued Ticket.
“Stopover” means such deliberate interruption of a travel by a Passenger, at a point between the place of departure and the Destination, as is agreed to in advance by the Carrier.
“Fare Including Ancillary Service” means a fare for which a Passenger is entitled, without charge, to exercise his/her right to airfare, flight change, seat reservation, Carriage of Checked Baggage and other matters on the terms and conditions set forth in these Conditions of Carriage and Spring Japan’s Regulations.
“Spring Japan’s Regulations” mean Spring Japan’s rules and regulations, other than these Conditions of Carriage, for Domestic Carriage of Passengers and/or Baggage including, but not limited to, Spring Japan’s tables of fares, rates and charges.
The title of each Article of these Conditions of Carriage is for convenience only and is not used for interpretation of the text.
(1) These Conditions of Carriage shall apply to any Carriage of Passengers and/or Baggage and any service incidental thereto in connection with Domestic Carriage, each to be performed or provided by Spring Japan at fares, rates and charges published in connection with these Conditions of Carriage.
(2) Carriage of a passenger and Baggage shall be subject to these Conditions of Carriage and rules and regulations provided by Carrier thereunder, each in effect on the date on which the passenger boards aircraft.
(3) A special agreement shall, if it is made with respect to a certain rule provided for in these Conditions of Carriage, be applicable notwithstanding such rule.
Carrier may change, modify or amend any provision of these Conditions of Carriage or of rules and regulations provided by Carrier thereunder without prior notice.
These Conditions of Carriage as well as passenger fares, excess Baggage charges, various charges, timetables and other necessary information will be announced publicly at Carrier’s Office.
A passenger shall be deemed to have acknowledged, and given consent to, these Conditions of Carriage and rules and regulations provided by Carrier thereunder.
(1) These Conditions of Carriage shall be construed in accordance with, and any matter that is not provided for herein shall be subject to, the laws of Japan.
(2) Any dispute arising in connection with carriage performed under these Conditions of Carriage shall, whosoever is entitled to claim the damages and whatsoever is the legal basis for such claim, be subject to the jurisdiction of Japanese courts and the court proceedings shall be conducted in accordance with the laws of Japan.
A passenger shall observe Carrier’s instructions given with respect to the passenger’s boarding, deplaning and any other acts or conduct at airports or on board or with respect to the place of loading or unloading of his/her Baggage.
The Condition of Carriage is done in the Japanese language, and any other language of the text shall only be for reference.
(1) Spring Japan will not issue or exchange/reissue a Ticket unless the Passenger pays the fare, charges, taxes or service fees, or complies with credit arrangements approved by Spring Japan.
(2) A Passenger must present his/her Ticket Authentication code or Reservation confirmation form of the scheduled boarding Flight for said Passenger duly issued in accordance with Spring Japan‘s Regulations and his/her identification, or otherwise some form of evidence of identification designated by Spring Japan, when he/she takes Carriage. Moreover, at the boarding gate, the Passenger must present his/her boarding pass designated by Spring Japan. If the Passenger fails to comply with these requirements, Spring Japan may refuse Carriage of such Passenger.
(3) A Passenger shall not be entitled to be carried if the Ticket presented by the Passenger falls within the scope of sub-paragraph (7) of paragraph 1 of Article 10.
A Ticket shall not be transferable. Spring Japan shall not be liable to any person entitled to be carried or to receive a refund, for honouring or refunding a Ticket presented by any person other than the person so entitled. If a Ticket is in fact used by any person other than the person who is entitled to be carried, with or without such person’s knowledge and consent, Spring Japan shall not be liable for death of or injury to such unauthorized person or for loss, destruction or delay in arrival of, or damage to, such unauthorized person’s Baggage or other personal property arising from or in connection with such unauthorized use.
(1) The flight on which a seat is reserved and the date of issue shall be indicated or recorded on the Ticket. Each Electronic Flight Coupon shall be valid for Carriage on the flight on which a seat is reserved.
(2) Unless otherwise provided in Spring Japan’s Regulations, a Ticket shall only be valid for the flight on which a seat is reserved as indicated or recorded on the Ticket.
Spring Japan will provide carriage only to Passenger holding a valid Ticket or Reservation confirmation form. A Passenger may be asked to present his/her identification when he/she takes Carriage.
Fares shall apply only to Carriage from the airport at the place of departure to the airport at the Destination and shall not include ground/marine transportation service within airport areas, between airports or between an airport and downtown areas.
(1) Fares as used herein mean the fares which shall be published by Spring Japan or, if not so published, constructed in accordance with Spring Japan’s Regulations, which shall, unless otherwise provided in Applicable Laws, etc., be in effect as of the date of issue of as Ticket.
(2) Passenger fares and charges, conditions of their application and the like are shown in Carrier’s passenger tariff table according to the type of fares and charges.
(3) Unless otherwise provided in these Conditions of Carriage or Spring Japan’s Regulations, fares entitle a Passenger to occupy one seat. Unless otherwise provided in other provisions of these Conditions of Carriage or Spring Japan’s Regulations or specifically approved by Spring Japan, a Passenger shall be entitled be occupy only one seat on board.
Unless otherwise provided in Spring Japan’s Regulations, fares shall apply only to a routing published in connection with such fares.
Any tax or charge imposed by a government or other public authority or by an operator of an airport in respect to a Passenger or his/her use of any services or facilities shall be in addition to the published fares and charges and be payable separately by the Passenger; provided, however, that fares and charges shall include an amount equal to consumption taxes (including local consumption taxes).
Fares and charges may be paid in a currency to be specified by Spring Japan subject to Applicable Laws, etc. other than the currency in which the fare or charge is published. If a payment is made in a currency other than the currency in which the fare or charge is published, such payment shall be made at the rate of exchange set in accordance with Spring Japan’s Regulations.
Spring Japan will accept carriage one non-seat occupying passenger, provided the only one Infant paying the Spring Japan’s applicable fare is accompanied by one passenger of twelve years of age or over and the Infant is seated on the knees of the adult fare paying passenger.
In any of the following cases, a Passenger shall be deemed to have boarded without authorization, and Spring Japan shall charge such Passenger for the fare and charges applicable thereto for the sector (leg of flight) with respect to which said Passenger boarded without authorization and an amount equal to double the sum of the most expensive fare for said sector at the time of boarding plus charges; provided, however, that if it is not possible to ascertain such sector, the Passenger shall be deemed to have boarded from the place of departure of the aircraft with said Passenger on board:
(1) if the Passenger fails to present his/her Ticket upon request of an attendant of Spring Japan or goes beyond the sector set out in the Ticket without the permission of an attendant of Spring Japan;
(2) if the Passenger intentionally boards an aircraft with an invalid Ticket; or
(3) if the Passenger makes false declarations and is by such false declarations exempted from payment of fare or charges that he/she should have paid.
Reservation is confirmed only after the full amount of the applicable fare paid and Spring Japan issues a reservation number or a ticket.
Name changes are not permitted once the reservation has been confirmed in Spring Japan’s reservation system. Under Spring Japan’s Regulations, conditions applicable to certain fares may limit or prohibit change or cancellation of reservations.
(1) Spring Japan may, at its own discretion, cancel all or a portion of the Passenger’s reservation if two or more flight are reserved for the same Passenger and if:
(a) same sectors on the same day are reserved;
(b) same sectors on the days of travel close to each other are reserved;
(c) different sectors on the same day are reserved; or
(d) Spring Japan reasonably considers that the Passenger cannot use all of reserved seats.
(2) If a Ticket is not issued for a Passenger prior to the ticketing time limit specified by Spring Japan, under any circumstances, Spring Japan may cancel his/her reservation and Spring Japan may refuse Carriage of, or remove, any Passenger. Unless otherwise provided in Spring Japan’s Regulations and these Conditions of Carriage, A Passenger who fails to board his/her reserved flight without prior notice thereof to Spring Japan shall not be entitled to a refund or Change of Flight.
(1) In the event that a Passenger assigns a specific seat, Spring Japan shall charge the fees prescribed in Spring Japan’s Regulations therefor.
(2) Spring Japan may, without a prior notice, change such seat due to a ship change of equipment or other operational reasons beyond Spring Japan’s control. When the new seat after the change becomes not equivalent to the previous one the passenger has booked, Spring Japan will reimburse the difference and will not be liable to any further compensation.
(3) When Spring Japan’s flight schedule is changed, cancelled or delayed in accordance with sub-paragraph (1) of paragraph 2 of Article 7 after the seat being assigned, Spring Japan is able to select from the following options any time.
(a) To carry the passenger on the same seat on the Spring Japan’s first available flight.
(b) To carry the passenger on the equivalent valued seat on Spring Japan’s first available flight.
(c) To carry the passenger on the any available seat on Spring Japan’s first available flight.
(1) As the quantity of in-flight sales items and services is limited, Spring Japan may not be able to provide services if all items sold out. Spring Japan may not refund any item after purchase and reselling is prohibited.
(2) Spring Japan reserves the rights to change sales items or service policy and to modify or change the selling prices without prior notice.
(3) The prices discount rate on in-flight sales items and service apply when purchase is made.
(1) The menus of in-flight meals may be changed from time to time. The food may
contain allergens such as nuts, dairy products and glutens. Except when Spring Japan’s negligence is proved, Spring Japan shall not be liable for outbreak of allergy relating to in-flight meals.
(2) Due to the limited stock volume and availabilities, in-flight meals may not be
serviced to all requests. In-flight meals are not refunded after purchase and are prohibited to resell.
(3) Spring Japan reserves the rights, without prior notice, to change or modify the
selling prices of in-flight meals and to substitute food items with equivalent ones taking into account procurement and in-flight environment.
(4) Prices and discount rates on in-flight meals are applicable to those when purchase is to be made.
A Passenger shall, unless Spring Japan agrees otherwise, bear any communication expense for telephone, fax or other communication facility (such as internet) used in connection with making or cancelling a reservation.
A Passenger agrees that his/her personal data will be furnished to Spring Japan by the Passenger or his/her agent, will be retained by Spring Japan or, if Spring Japan deems necessary, will be transmitted by Spring Japan to any of its own offices, other Carriers, the providers of travel services, government authorities or other entity or agency, for the purpose of making a reservation for Carriage, obtaining ancillary services, facilitating immigration and entry requirements or making available such data to government authorities or for any other purpose which Spring Japan deems necessary in order to facilitate any convenience of the travel for the Passenger.
In the event of delay in or failure of reservation, change and cancellation of a flight that arises from failure of communication of equipment and line, computer and communications means such as disruption of telephone service, Spring Japan shall not be liable for any damage caused thereby,
(1) Under Spring Japan’s Regulations, a Passenger may be restricted or prohibited from changing his/her flight.
(2) When the change of a flight is made resulting a fare increase from the flight before
change, the passenger must pay the difference to Spring Japan.
(3) Every time when Ticket changed, Spring Japan will collect, pursuant to Spring Japan’s Regulations, rebooking charges. The rebooking charges are non-refundable.
(4) The fares and charges applicable after Change of Flight shall be those in effect as of the date on which the change is made.
(5) Time limits on cancellation of a reserved seat and charges for late cancellation of a reserved seat shall also apply to a flight changed upon a Passenger’s request.
(1) Except when a passenger’s voluntary reasons and unless otherwise provided in sub-paragraph (1) of paragraph 2 of Article7, in the event that Spring Japan cancels a flight, fails to operate a flight according to the schedule with no justifiable reason, fails to stop at a Passenger’s Destination or Stopover point, is unable to provide a Passenger with his/her reserved seat, unless otherwise provided in Spring Japan’s Regulations, Spring Japan shall, at Passenger’s option, follow either (a) or (b) be below:
(a) To carry him/her with baggage on Spring Japan’s next first available flight or other Spring Japan’s flight for the same flight segment as reservations made without collecting additional charges, extending the validity of reservation if necessary.
(b) To make a refund in accordance with the provisions of paragraph 4 of Article 8.
(2) In the event that a Passenger misses an onward connecting flight of Spring Japan on which the Passenger holds a reservation because a Carrier carrying such Passenger fails to operate its flight according to the schedule or changes the schedule of such flight, Spring Japan shall not be liable for such missed connection.
For reasons prescribed in items through of sub-paragraph (1) of paragraph 2 of Article 7, in the event that Spring Japan cancels a flight, fails to operate a flight according to the schedule with no justifiable reason, fails to stop at a Passenger’s Destination or Stopover point, is unable to provide a Passenger with his/her reserved seat, unless otherwise provided in Spring Japan’s Regulations, Spring Japan shall, at the Passenger’s option, follow either (a) or (b) below:
(a) to carry him/her with baggage on Spring Japan’s next first available flight or other Spring Japan’s flight for the same flight segment as reservations made without collecting additional charges, extending the validity of reservation if necessary.
(b) to make a refund in accordance with the provisions of paragraph 5 of Article 8.
Spring Japan undertakes to use its best efforts to carry a Passenger and his/her Baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel; provided that times shown in a timetable or elsewhere shall be just scheduled but not guaranteed and shall form no part of the contract of Carriage. Spring Japan may change any schedule of a flight without any prior notice and shall not be responsible for any trouble in respect of connection of Passenger and/or his/her Baggage with any other flight because of such change.
(1) Spring Japan may, without prior notice, cancel, terminate, divert, postpone or delay any flight or the right to, or any reservation with respect to, any further Carriage thereafter or determine if any take-off or landing should be made, without any liability except to change the flight or to refund, in accordance with these Conditions of Carriage and Spring Japan’s Regulations, the fares and charges for any unused portion of the Ticket:
(a) because of any fact beyond Spring Japan’s control (including, but not limited to, Force Majeure such as meteorological conditions, acts of God, strikes, riots, civil commotions, embargoes, wars, hostilities, disturbances or unstable international relations) whether actual, threatened or reported or because of any delay, demand, condition, circumstances or requirement directly or indirectly relating to such fact:
(b) because of any fact not to be foreseen, anticipated or predicted;
(c) because of any Applicable Laws; or
(d) because of shortage of labour, fuel or facilities or labour problems of Spring Japan or others.
(2) If a Passenger refuses, notwithstanding Spring Japan’s request, to pay all or a portion of the fares demanded by Spring Japan or the charges demanded or assessed by Spring Japan with respect to his/her Baggage, Spring Japan will cancel the Carriage, or the right to any further Carriage thereafter, of the Passenger and/or his/her Baggage, without being subject to any liability therefor except to refund, in accordance with these Conditions of Carriage and Spring Japan’s Regulations, any unused portion of the Ticket for which the Passenger fully paid the applicable fares and charges.
(1) In the event that a Passenger fails to use his/her Ticket or a portion thereof for a reason provided in paragraph 4 of this Article, Spring Japan shall make a refund in originally paid currency for such unused Ticket or portion in accordance with these Conditions of Carriage and Spring Japan’s Regulations.
(2) In the event a Passenger fails to use his/her Ticket or a portion thereof for any reason other than that provided in paragraph 4 of this Article, (involuntary refunds), Spring Japan, in principle, shall not refund to the Passenger any fare, and charges received from the Passenger for such unused Ticket or portion thereof; provided, however, that Spring Japan shall make a refund pursuant to paragraph 3 and 5 of this Article, and Spring Japan’s Regulations.
Unless otherwise provided in Spring Japan’s Regulations, Spring Japan shall make a refund to the person named or recorded on a Ticket as a revenue Passenger or, to the person who purchased the Ticket upon presentation to Spring Japan of satisfactory evidence to prove that he/she is entitled to such refund.
(1) Excepting the cases of refund based on Spring Japan’s voluntary reasons set forth in paragraph 4 and refund due to force majeure,etc. defined in paragraph 5 of this Article, Spring Japan shall make refund of the fare in the same currency as payment made in accordance with other Spring Japan’s regulations or (a) and (b) following this.
(a) If no portion of the trip has been made, an amount equal to the fare paid, less any cancellation fees provided in Spring Japan’s Regulations; or
(b) If a portion of the trip has been made, an amount equal to the difference between the fare paid and the applicable to the sector for which the Ticket has been used, less any reasonable cancellation fees, provided in Spring Japan’s Regulations.
(2) When a passenger becomes unable to travel on the booked flight due to illness of him/her and he/she is able to prove such illness by valid medical certificate, Spring Japan makes refund to the full amount of the fare for unused ticket. Refund charges set forth in Spring Japan’s regulations may be exempted for accompanying passenger, limited to one person, booked on the same flight. Refund based on this Article must be made only until before departure time of the flight reservations are made.
The term "Involuntary Refund" means any refund made based on the reasons except by the Passenger’s voluntary willingness written in sub-paragraph (1) of paragraph 2 of Article 7 , when a Passenger is prevented from using the Carriage provided for in his/her Ticket because Spring Japan cancels a flight, fails to operate a flight according to the schedule with no justifiable reason, fails to stop at a Passenger’s Destination or Stopover point, fails to provide a Passenger with his/her reserved seat, or refuses to carry or removes a Passenger pursuant to any sub-paragraphs (1),(2),(3)(b) and (9) of paragraph 1 of Article 10, unless otherwise provided in Spring Japan’s Regulations, and the amount of the refund shall be equal to the fare paid .
In the event that Spring Japan cancels a flight, fails to operate a flight according to the schedule with no justifiable reason, fails to stop at a Passenger’s Destination or Stopover point, is unable to provide a Passenger with his/her reserved seat for any reason provided for in sub-paragraph (1) of paragraph 2 of Article 7, Spring Japan shall, at the Passenger’s option, make a refund pursuant to sub-paragraph (b) of paragraph 3 of Article 6, unless otherwise provided in Spring Japan’s Regulations, and the amount of the refund shall be the fare paid.
(1) Unless otherwise provided in these Conditions of Carriage or Spring Japan’s Regulations, Spring Japan will make a refund if based on sub-paragraph 1 and 2 of paragraph 3 of this Article, and claimed up to the date set forth in Spring Japan’s Regulation. But Spring Japan may refuse to make a refund if based on paragraph 4 and 5 of this Article, and claimed after 30 days elapsed.
(2) Spring Japan will not make a refund for a Ticket of a Passenger in the event that Carriage of the Passenger is refused or he/she is removed in accordance with sub-paragraph (3)(c) through sub-paragraph (3)(f) of paragraph 1 of Article 10 and sub-paragraph (4) through sub-paragraph (8) of paragraph 1 of Article 10.
(3)
A Passenger shall arrive at Spring Japan’s check-in counter and the boarding gate by the time designated by Spring Japan. If a Passenger fails to arrive at Spring Japan’s check-in counter or the boarding gate by the time designated by Spring Japan or is unable to depart because of improper or incomplete exit, entry or other necessary documentation required for his/her departure, Spring Japan may cancel his/her reservation of a seat and will not delay the flight for the Passenger. Spring Japan shall not be liable to the Passenger for any damage caused due to the Passenger’s failure to comply with this Article.
Spring Japan may refuse Carriage of, or remove, any Passenger, and in such case his/her Baggage will be handled in the same way, if Spring Japan determines at its reasonable discretion that:
(1) such action is necessary for a reason of flight safety:
(2) such action is necessary in order for the Carrier to comply with applicable laws or regulations, or governmental requirements:
(3) the Passenger or his/her conduct, age or mental or physical condition:
(a) requires the special assistance of Spring Japan,
(b) may cause discomfort or makes himself/herself objectionable to other passengers,
(c) may cause harm to himself/herself or to other persons or an aircraft or any property;
(d) obstructs any staff of Carrier (crew member) in performing his/her duties or fails to comply with any instruction of any crew member,
(e) uses portable telephones, portable radios, electronic games or other electronic devices in aircraft cabin without Spring Japan’s permission, or
(f) smokes in aircraft cabin;
(4) the Passenger falls under sub-paragraph (5) of paragraph 2 of Article 11.;
(5) When a passenger made a trouble in Spring Japan’ cabin and Spring Japan deems he/she may repeat the same or similar trouble for sure.
(6) the Passenger fails to pay any applicable fares, charges or taxes or may fail to perform a credit arrangement agreed upon between Spring Japan and the Passenger (or the person paying for the Ticket); or
(7) the Ticket presented by the Passenger is acquired unlawfully or purchased from an entity other than the issuing Carrier or its Authorized Agent, or the Ticket presented by the Passenger is a counterfeit Ticket;
(8) the person presenting a Ticket cannot prove that he/she is the person named or recorded in the “Passenger Name” box of the Ticket;
(9) a Child or Infant is unaccompanied by a Passenger aged 12 or over.
In the case of sub-paragraph (3) (c) or (d) of this paragraph, Spring Japan may take such other measures as Spring Japan deems necessary to prevent the Passenger from continuing such conduct, failure, obstruction or act which measures shall include, but not limited to, restraint of the Passenger.
If a Passenger whose status, age or mental or physical condition may cause any hazard or risk to himself/herself is carried, Spring Japan shall not be liable for death of, or any injury, illness, wounding or disability suffered by, the Passenger or any aggravation or consequences thereof due to such status, age or mental or physical condition.
(1) Acceptance of Carriage of Children or Infants, incapacitated persons, pregnant women or persons with illness shall be subject to Spring Japan’s Regulations and may require a prior arrangement with Spring Japan.
(2) If the total weight of the Passengers boarding, and /or Baggage loaded in, an aircraft may exceed the maximum allowance weight with respect to the aircraft, Spring Japan may, in accordance with Spring Japan’s Regulations, decide which Passengers and/or Baggage will be carried.
(3) To ensure the presence of a passenger who can provide assistance in an emergency evacuation, Carrier may refuse carriage of a passenger in a seat in an emergency exit row of an aircraft and change his/her seat to another seat if Carrier recognizes that any of the following items applies to that passenger:
(a) the Passenger is under the age of 15.
(b) the Passenger has any difficulty in assisting in emergency evacuation, or may cause any harm to his/her health if he/she assists in an emergency evacuation, due any physical, health or other reason.
(c) the Passenger cannot understand the evacuation procedures established by Carrier or the crew’s instructions; or
(d) The Passenger does not consent to providing assistance in emergency evacuation.
(1) Spring Japan will refuse to accept as Baggage:
(a) items which do not constitute Baggage as defined in paragraph 1 of Article 1;
(b) items Carriage of which is prohibited by Applicable Laws, etc;
(c) items which Spring Japan deems unsuitable for Carriage by reason of their weight, size, shape or character such as being fragile or perishable;
(d) live animals; provided, however, that Spring Japan may accept Carriage of a dog (i.e. guide dog, service dog or hearing-assistance dog; collectively called “Assistance Dog”) that accompanies a Passenger with a physical disability to assist such passenger pursuant to Spring Japan’s Regulations. In this case, Spring Japan shall not be liable for death of, or injury or illness suffered by such Assistance Dog that results from its inherent defect; or
(e) Firearms, swords and other similar items, except as otherwise provided in Spring Japan’s Regulations.
(f) Explosives, Flammable or non-Flammable gas (Spray type paint, Butane gas (gas cylinder), Refillable lighter gas, etc.) Frozen gas (Diving breathing cylinder, Liquid nitrogen, etc.), Flammable liquids (Paint, Paint thinner, Solvent, etc.), Flammable solids (Matches, etc.), Organic peroxides (Resin, etc.), Poisonous Substances, Infectious Substances (Viruses, Bacteria, etc.), Radioactive Substances (Radium, etc.), Corrosive materials (Acidity, Alkalinity, Mercury, Clinical Thermometers, Thermometers), Magnetic Substances, Oxidizing Substances (Bleach, etc.).
(2) Spring Japan may refuse Carriage of, and take any necessary step with respect to, items of which Carriage as Baggage is prohibited by the preceding sub-paragraph 1 and may refuse onward Carriage of any such item upon discovery thereof.
(3) Spring Japan shall refuse to accept fragile or perishable items, money, jewelry, precious metals, negotiable papers, securities or other valuables, business documents, passports or other identification documents necessary for travel or samples as Checked Baggage.
(4) Spring Japan may refuse to carry Baggage as Checked Baggage in case it is not properly packed in a suitcase or other suitable container to ensure safe Carriage with ordinary care in handling.
(5) Spring Japan may accept to carry a musical instrument as Checked Baggage so long as it is properly packed in a suitcase or other suitable container to ensure safe Carriage with ordinary care in handling; provided, however, that Spring Japan shall not be liable for any damage other than those caused due to negligence on the part of Spring Japan.
(6) If any item referred to in sub-paragraph (1) of this paragraph is carried, whether or not Carriage of such item as Baggage is prohibited, such Carriage shall be subject to the charges, limitations of liability and any other provision of these Conditions of Carriage applicable to Carriage of Baggage.
(1) A Passenger shall submit to any security check required by Spring Japan, unless it is specifically deemed unnecessary by Spring Japan.
(2) Spring Japan will inspect the contents of Passenger’s Baggage by opening his/her Baggage and/or by using some device in the presence of the Passenger concerned or a third person, for the purpose of security (including but not limited to the prevention of unlawful acts of seizure, exercise of control or destruction of aircraft) and/or for any other reason. Notwithstanding the foregoing, Spring Japan may inspect the Passenger’s Baggage in his/her or a third person’s absence to see whether he/she is in possession of, or his/her Baggage contains, any prohibited item referred to in sub-paragraph (1) of paragraph 1 of Article 11.
(3) Spring Japan will search Passenger’s articles by touching the Passenger through his/her clothes and personal fittings including wigs or by using such instruments as a metal detector, for the purpose of security (including but not limited to the prevention of unlawful acts of seizure, exercise of control or destruction of aircraft) and/or for any other reason.
(4) When a Passenger does not agree with Spring Japan’s inspection as specified in sub-paragraph (2) of paragraph 2 of Article 11, Spring Japan will refuse to carry such a Passenger’s Baggage.
(5) When a Passenger does not agree with Spring Japan’s search as specified in sub-paragraph (3) of paragraph 2 of Article 11, Spring Japan will refuse to carry such a Passenger.
(6) When such prohibited items as specified in sub-paragraph (1) of paragraph 1 of Article 11 have been found as a result of such inspection or search as specified in sub-paragraph (2) or (3) of paragraph 2 of Article 11, Spring Japan may refuse to carry such Baggage, or may dispose of such Baggage.
(1) Spring Japan shall accept Carriage of Checked Baggage that in the case where a Passenger pays a Fare Including Ancillary Services for Carriage or pays a Baggage Charge prescribed in Spring Japan’s Regulations and these Conditions of Carriage.
(2) Nothing contained in these Conditions of Carriage shall entitle a Passenger to have his/her Baggage checked on a flight for a sector for which a Carrier does not accept checking of Baggage.
(3) When Spring Japan accepts transportation of checked in baggage based on sub-Paragraph 1 of this paragraph, unless otherwise provided in Spring Japan’s Regulations or Applicable Laws, Spring Japan will, upon presentation by a Passenger of a valid Ticket covering Carriage on the lines of Spring Japan , accept as Checked Baggage the Baggage which is tendered by the Passenger at Spring Japan’s check-in counter designated, and by the time prescribed, by Spring Japan in respect of Carriage on the lines designated on the Ticket; provided that Spring Japan will not accept as Checked Baggage the Baggage tendered for Carriage:
(a) beyond the Destination designated, or on any routing not designated, on the Ticket;
(b) beyond a Stopover point, or beyond a point at which the Passenger transfers to a connecting flight departing from a different airport from that at which the Passenger is scheduled to arrive under the Ticket, unless otherwise provided for in Spring Japan’s Regulations;
(c) for a sector in respect to which the Passenger holds no reservations;
(d) beyond a point at which the Passenger desires to resume possession of such Baggage or any portion thereof; or
(e) for a sector in respect to which the Passenger does not pay all applicable charges.
(4) Upon delivery to Spring Japan of Baggage to be checked, Spring Japan shall issue a Baggage Identification Tag for each piece of the Checked Baggage.
(5) Spring Japan shall, to the reasonable extent possible, carry Checked Baggage of a Passenger coincidently with the Passenger on the aircraft which the Passenger boards; provided that if Spring Japan deems it difficult or impracticable, Spring Japan may carry the Checked Baggage on any other flight in which such Baggage can be loaded within the maximum weight allowance or by any other transportation service.
(6) Maximum weight and dimensions of checked-in baggage for a passenger using ancillary added fares will be in accordance with Spring Japan’s Regulations. A total maximum amount of Length, Width and Depth (hereunder called “3 dimensions total”) in each case shall not exceed 203 centimeters.
(7) A fully collapsible stroller/pushchair, carrying basket, and/or car seat for Infants or Child Passenger’s use are accepted for free and are not included in the Baggage allowance, limited to only one piece per such an infant or a child.
(8) Spring Ja
Spring Japan (IJ) CONDITIONS OF CARRIAGE (INTERNATIONAL PASSENGERS AND BAGGAGE)
Article 1 – DEFINITIONS
1-1 “Agreed Stopping Places” means those places, other than the place of departure and the Destination, set forth in a Ticket and/or any Conjunction Ticket issued in connection therewith as scheduled stopping places on the Passenger’s route, or shown in Carrier’s timetable.
1-2 “Convention” means whichever of the following instruments is applicable to the contract of Carriage:
“Convention for the Unification of Certain Rules Relating to International Carriage by Air”, singed at Warsaw on 12th October, 1929 (hereinafter referred to as the“Warsaw Convention”);
“Warsaw Convention as amended at Hague in 1955” signed at Hague on 28th September, 1955;
“Warsaw Convention”as amended by Additional Protocol No. 1 of Montreal 1975;
“Warsaw Convention as amended at Hague in 1955” as amended by Additional Protocol No.2 of Montreal 1975, and
”Convention for the Unification of Certain Rules for International Carriage by Air” , done at Montreal on 28th May, 1999 (hereinafter referred to as the “Montreal Convention”).
1-3 “Destination” means the ultimate stopping place under a contract of Carriage. In the case of a trip which returns to the place of departure, the Destination is the same as the place of departure.
1-4 “International Carriage” means (except where the Convention is applicable) Carriage in which, according to a contract of Carriage, the place of departure and, the Destination or Agreed Stopping Place, are situated in two or more countries. As used in this definition, the term “country”, which is equivalent to “state”, shall include any territory subject to its sovereignty, suzerainty, mandate, authority or trusteeship.
1-5 “Carriage” means carriage of a Passenger and/or Baggage by air, gratuitous or for reward.
1-6 “Carrier” means an air carrier and shall include an air carrier issuing a Ticket and any air carrier that carries a Passenger and/or his/her Baggage under the Ticket or provides or undertakes to provide any other services incidental to such Carriage.
1-7 “Applicable Laws” means such laws, cabinet orders and ministerial ordinances and other governmental regulations, rules, orders, demands or requirements of any state or country as will apply to Carriage of a Passenger and/or Baggage to be performed by Spring Japan.
1-8 “SJO” means Spring Japan.
1-9 “SJO’s Regulations” means SJO’s rules and regulations, other than these Conditions of Carriage, for International Carriage of Passengers and/or Baggage including, but not limited to, SJO’s tables of fares, rates and charges.
1-10 “Miscellaneous Charges Order” means a document or an electronic document issued by a Carrier or its Authorized Agent, requesting issue of an appropriate Ticket or provision of travel services to the person named in such document or electronic document.
1-11 “Authorized Agent” means a passenger sales agent appointed by a Carrier to represent the Carrier in the sale of Carriage of Passengers over the services of the Carrier and, if authorized by the Carrier, over the services of any other Carrier.
1-12 “Infant” means a person who has not reached his/her second birthday as of the date of commencement of Carriage.
1-13 “Child” means a person who has reached his/her second birthday but not his/her twelfth birthday as of the date of commencement of Carriage.
1-14 “Passenger” means any person, except crew members, carried or to be carried in an aircraft with the consent of a Carrier.
1-15 “Ticket” means either the document entitled “Passenger Ticket and Baggage Check” or the Electronic Ticket, in each case issued by a Carrier or its Authorized Agent for Carriage of a Passenger and/or Baggage, setting forth a portion of the conditions of a contract of Carriage and notices relating thereto and containing Flight Coupon and Passenger Coupon or Passenger Receipt or Electronic Flight Coupon and Itinerary/Receipt.
1-16 “Conjunction Ticket” means a Ticket issued to a Passenger in conjunction with another Ticket which together constitute a single contract of Carriage.
1-17 “Electronic Coupon” means an electronic Flight Coupon or other value document held in SJO’s database.
1-18 “Electronic Flight Coupon” means such form of Flight Coupon as is recorded in SJO’s database.
1-19 “Electronic Miscellaneous Document” means an electronic document issued by a Carrier or its Authorized Agent, requesting issue of an appropriate Ticket or provision of travel services to the person named in such electronic document.
1-20 “Electronic Ticket” means the Itinerary/Receipt and Electronic Flight Coupon issued by a Carrier or its Authorized Agent.
1-21 “Passenger Coupon” or “Passenger Receipt” means such coupon or receipt constituting a portion of a Ticket as is issued by a Carrier or its Authorized Agent and is marked with “Passenger Coupon” or “Passenger Receipt”, which document shall constitute a Passenger’s written evidence of a contract of Carriage.
1-22 “Flight Coupon” means such portion of a Passenger Ticket (in the case of Electronic Ticket, the Electronic Flight Coupon) as indicates particular places between which the coupon is good for Carriage.
1-23 “Normal fare” means the highest fare among all fares established during the period of applicability.
1-24 “Special Fare” means a fare other than the Normal Fare.
1-25 “Days” means calendar days including all seven days of the week; provided that, for the purpose of calculating the number of days of a notice period, the day upon which such notice is dispatched shall not be counted and further provided that, for the purpose of determining the period of validity of a Ticket, the day upon which the Ticket is issued, or the flight is commenced, shall not be counted.
1-26 “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 his/her travel. Unless otherwise specified, it includes both Checked and Unchecked Baggage of the Passenger.
1-27 “Baggage Check” means such portion of a Ticket as provides for Carriage by a Carrier of Checked Baggage and as is issued by the Carrier as receipt of such Checked Baggage
1-28 “Baggage Identification Tag” means a document issued by a Carrier solely for the purpose of identification of Checked Baggage and consisting of two portions; the baggage tag portion which is attached by the Carrier to a particular article of Checked Baggage and the Baggage claim stub which is given to the Passenger.
1-29 “Checked Baggage” means Baggage of which a Carrier takes custody and for which the Carrier issues a Baggage Check and Baggage Identification Tag.
1-30 “Unchecked Baggage” means any Baggage other than Checked Baggage that the Carrier has permitted a Passenger to carry into the cabin.
1-31 “Itinerary/Receipt” means the document or documents that form part of the Electronic Ticket containing the information such as the itinerary, ticket information, a portion of the conditions of a contract of Carriage and notices relating thereto and that constitute Passenger's written evidence of a contract of Carriage.
1-32 “Check-in Deadline” means the time limit specified by Carrier by which Passenger shall complete check-in formalities.
1-33 “Force Majeure” means an unusual and unforeseeable circumstance beyond control and the consequences of which could not be avoided regardless of any due care being exercised.
1-34 “SDR” mean Special Drawing Rights as defined by the International Monetary Fund. Conversion of the SDR sum into a national currency shall, in the case of judicial proceedings, be made at the exchange rate between the currency and SDR prevailing on the date of the final court hearing of such proceedings and, in any other case, at the exchange rate between the currency and SDR prevailing on the date on which the amount of the damages is finally fixed or on which the value of Baggage is declared.
1-35 “French Gold Francs” means French francs consisting of 65 1/2 milligrams of gold at the standard of fineness of nine hundred thousandths. French Gold Francs may be converted into any national currency in round figures.
1-36 “Stopover” means such deliberate interruption of a travel by a Passenger, at a point between the place of departure and the Destination, as is agreed to in advance by the Carrier.
1-37 “Change of Flight” means any change in a flight that was originally indicated or recorded in a duly-issued Ticket.
1-38 “Rerouting” means any change in a routing, flight or period of validity from that originally provided in the duly-issued Ticket which a Passenger presents for Carriage.
1-39 “Spring Japan” is the shorter form of Spring Airlines Japan Co., Ltd. the English name of Spring Airlines Japan Company Limited. The two-character Airline Designator Code is IJ, the three-character code is SJO. <
Article 2 – APPLICATION OF CONDITIONS
2-1 General
Nothing in these Conditions of Carriage or SJO's Regulations shall, unless permitted by the Convention and otherwise expressly provided herein, constitute a modification by Spring Japan of any provision of, or waiver by Spring Japan of any right granted to it by, the Convention. Except as provided in Article 2.3 or in case Spring Japan's Conditions of Carriage applicable exclusively to its own domestic services apply, any Carriage of Passengers and/or Baggage shall be subject to these Conditions of Carriage and SJO’s Regulations in effect as of the date of commencement of the Carriage covered by the first Flight Coupon of the Ticket.
2-2 Consent of Passengers
Passengers shall be deemed to have acknowledged and given consent to these Conditions of Carriage and SJO's Regulations established under these Conditions.
2-3 Gratuitous Carriage
With respect to gratuitous Carriage, Spring Japan reserves the right to exclude the application of any provisions of these Conditions of Carriage.
2-4 Applicability
To the extent not in conflict with the Convention, these Conditions of Carriage shall apply to any Carriage of Passengers and/or Baggage and any service incidental thereto, each to be performed or provided by Spring Japan at fares, rates and charges published in connection with these Conditions of Carriage.
2-5 Conditions Prevail over Regulations
Except as provided herein, in the event of any inconsistency between these Conditions of Carriage and any other regulations of Spring Japan, these Conditions of Carriage shall prevail.
2-6 Change of Conditions of Carriage or SJO's Regulations
Except as will be prohibited by Applicable Laws, Spring Japan may change, modify or amend any provision of these Conditions of Carriage or of SJO's Regulations without prior notice; provided that no contract of Carriage shall be subject to such change, modification or amendment made after the Carriage to be performed pursuant to such contract commences.
2-7
The title of each Article of these Conditions of Carriage is for convenience only and is not used for interpretation of the text. The Condition of Carriage is done in the English language, and any other language of the text shall only be for reference.
Article 3 – CODE SHARE
3-1
On some routes Spring Japan offers our services together with other Carriers, placing Spring Japan’s designator code on flights operated by other Carriers under code share agreements.
3-2
For a code share flight operated by another Carrier, Spring Japan will advise Passenger of the identity of the operating Carrier prior to the time of reservation.
3-3
Passengers traveling on a flight operated by another Carrier may be subject to terms and conditions of the operating Carrier that differ from those of Spring Japan, including those regarding
(1) involuntary rerouting provided in Article 8.2
(2) check-in provided in Article 11
(3) refusal and limitation of carriage provided in Article 12.1 and 12.2
(4) restriction of acceptance as baggage, free baggage allowance and excess baggage charge and acceptance of animals provided in Article 13
(5) cancellations provided in Article 7.2.(1)
Article 4 – TICKETS
4-1 General
(1) Ticket constitutes prima facie evidence of the contract of carriage between Carrier and the Passenger named on the Ticket. Spring Japan will provide carriage only to Passenger holding a valid Ticket issued by Spring Japan or its Authorized Agent. The Conditions of Contract contained in Ticket are summary of the provisions of these Conditions of Carriage.
(2) The Carrier or its Authorized Agent shall issue for each Passenger a separate Ticket.
(3) A Ticket shall not be transferable. Spring Japan shall not be liable to any person entitled to be carried or to receive a refund, for honouring or refunding a Ticket presented by any person other than the person so entitled. If a Ticket is in fact used by any person other than the person who is entitled to be carried, with or without such person’s knowledge and consent, Spring Japan shall not be liable for death of or injury to such unauthorized person or for loss, destruction or delay in arrival of, or damage to, such unauthorized person’s Baggage or other personal property arising from or in connection with such unauthorized use.
(4) A passenger must present a valid Ticket duly issued in accordance with SJO's Regulations and containing the Flight Coupon for the flight which he/she is actually to board and all other unused Flight Coupons and a Passenger Coupon or Passenger Receipt when he/she takes Carriage (or, in the case of an Electronic Ticket, the Itinerary/Receipt and the passenger's identification). A Passenger shall not be entitled to be carried if the Ticket presented by the Passenger falls within the scope of Article 12.1.(5) through 12.1.(7).
(5) In the case of loss or mutilation of a Ticket or any portion thereof, or non-presentation of a Ticket containing a Passenger Coupon or Passenger Receipt and all unused Flight Coupons, Spring Japan may, upon the Passenger's request set forth in the next succeeding sub-paragraph, issue a new Ticket to replace such Ticket or such portion subject to the following conditions:
(a) Spring Japan receives from the Passenger a proof satisfactory to Spring Japan to prove that a valid Ticket for the relevant flight was duly issued and if, given the circumstances, Spring Japan deems it appropriate; and
(b) the Passenger agrees, in such form as may be prescribed by Spring Japan, to indemnify Spring Japan from any loss and damage incurred by Spring Japan in connection with issue of such replacement Ticket.
Spring Japan may charge a reasonable administration fee for this service, unless the loss or mutilation was due to the negligence of Spring Japan, or its Authorized Agent.
4-2 Validity for Carriage
(1) When validated, a Ticket shall be good for Carriage from the airport at the place of departure to the airport at the Destination via the route described in the Ticket and for the period of time specified or referred to in the next succeeding sub-paragraph. Each Flight Coupon shall be good for Carriage on the date and flight for which a seat is reserved for the Passenger. If a Flight Coupon is issued on an "open date" basis, a seat will be reserved for the Passenger upon his/her application therefor, subject to the conditions of the applicable fare and the availability of the seat on the flight. The place and date of issue shall be shown on the valid Ticket.
(2) Unless otherwise provided in the applicable fare rules, these Conditions of Carriage, or in applicable Tariffs which may limit the validity of Ticket, in which case the limitation will also be shown on Ticket, a Ticket is valid as follows:
(a) The period of validity of a Ticket shall be one year, if Carriage is commenced, from the date of commencement of Carriage or, if no portion of the Ticket is used, from the date of issue thereof. If a Ticket involves a flight coupon to which any fare having a period of validity that is less than one year applies, such period shall apply only to such flight coupon.
(b) The period of validity of a Miscellaneous Charges Order and Electronic Miscellaneous Document shall be one year from the date of issue thereof. A Miscellaneous Charges Order and Electronic Miscellaneous Document will not be honoured for a Ticket unless it is presented for a Ticket within one year from the date of issue thereof.
(c) A Ticket shall expire at midnight on the date of expiration of the period of validity of the Ticket. Unless otherwise provided in SJO's Regulations, a travel pursuant to a Flight Coupon of a Ticket may continue beyond the date of expiration of the Ticket if such travel commences prior to midnight thereof.
(3) If a Passenger is prevented from travelling within the period of validity of a Ticket because Spring Japan:
(a) cancels the flight on which the Passenger holds a reservation;
(b) omits a scheduled stop, being the Passenger’s place of departure, Destination or Stopover point;
(c) fails to operate a flight reasonably according to the schedule;
(d) causes the Passenger to miss a connecting flight of Spring Japan;
(e) is unable to provide previously confirmed space;
Spring Japan will, unless otherwise provided in SJO’s Regulations, extend the period of validity of the Ticket, without additional collection of fare, to Spring Japan’s first flight on which a seat is available.
(4) If a Passenger, after commencing his/her travel, is prevented from travelling within the period of validity of a Ticket by reason of his/her illness (but not pregnancy), Spring Japan may, unless precluded by SJO’s Regulations applicable to the fare paid by the Passenger, extend such period as follows;
(a) With respect to a Ticket of which the period of validity is one year, Spring Japan may extend such period to the date on which the Passenger becomes fit to recommence his/her travel according to a valid medical certificate; provided that in case Spring Japan is unable to provide the Passenger on such date with a seat for which the applicable fare is paid by the Passenger, to Spring Japan’s first flight after such date from the point where the Passenger recommences his/her travel on which flight a seat is available. If an unused Flight Coupon of the Ticket involves one or more Stopover points, Spring Japan may, subject to SJO’s Regulations, extend the period of validity of the Ticket for not more than 3 months from such date. Spring Japan will provide similar extension to one (1) of the members accompanying such Passenger.
(b) With respect to a Ticket of which the period of validity is less than one year, Spring Japan may not extend the period of validity of the Ticket. The refund will be made in accordance with Article 9.3.
(5) In the event of death of a Passenger en route, Spring Japan may amend or modify the Ticket of a person accompanying the Passenger by, among other things, extending the period of validity. In the event of death in the immediate family of a Passenger after he/she commences his/her travel, Spring Japan may, also with respect to the Tickets of the Passenger or his/her immediate family accompanying the Passenger, extend the period of validity. Any such amendment or modification shall be subject to Spring Japan's receipt of a proper death certificate and any such extension shall not exceed 45 Days from the date of death.
4-3 Flight Coupon Sequence of Use
(1) Spring Japan will honour Flight Coupons only in sequence from the place of departure indicated in the Ticket.
(2) A Ticket shall not be valid and Spring Japan will not honour the Ticket if a Flight Coupon for the first international sector is not used and the Passenger commences his/her travel at any Agreed Stopping Place.
Article 5 – FARES, TAXES, FEES AND CHARGES
5-1 Fares
(1) Fares shall apply only to Carriage from the airport at the place of departure to the airport at the Destination and shall not include ground transportation service within airport areas, between airports or between an airport and downtown areas.
(2)
(a) Applicable fares are the published fares published by Spring Japan or, if not so published, constructed in accordance with SJO's Regulations. Unless otherwise provided in Applicable Laws, the applicable fare is the fare for the flight or flights in effect on the date of commencement of the carriage covered by the first Flight Coupon of the Ticket. When the amount that has been collected is not the applicable fare, the difference shall be paid by the Passenger, or , as the case may be, refunded by Spring Japan. In accordance with Regulation of Spring Japan, should the Passenger request to change the itinerary, flight number or dates of travel, it may impact the fare to be paid.
(b) Unless otherwise provided in these Conditions of Carriage or SJO's Regulations, fares entitle a Passenger to occupy one seat. Unless otherwise provided in SJO's Regulations or specifically approved by Spring Japan, a Passenger shall be entitled to occupy one seat on board.
(3) Unless otherwise provided in SJO’s Regulations, fares shall apply only to a routing published in connection therewith. If there are more than one routings at the same fare, a Passenger may specify the routing prior to issuance of a Ticket. If he/she does not specify the routing, Spring Japan may determine the routing.
5-2 Taxes and Charges
(1) Any tax or charge imposed by a government or other public authority, or by an operator of an airport in respect to a Passenger or his/her use of any services or facilities shall be in addition to the published fares and charges and be payable by the Passenger.
(2) At the time Passenger purchase Ticket, he/she 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 may change and can be imposed after the date of Ticket issuance. The Passenger will be obliged to pay it prior to departure.
5-3 Currency
Fares and charges may be paid in a currency to be specified by Spring Japan subject to Applicable Laws other than the currency in which the fare or charge is published. Spring Japan reserves the right to make a refund in the same manner and in the same currency being paid for the Ticket. If a payment is made in a currency other than the currency in which the fare or charge is published, such payment shall be made at the rate of exchange established in accordance with SJO’s Regulations.
Article 6 – RESERVATIONS AND TICKETING
6-1 Reservation Requirements
(1) Spring Japan or its Authorized Agent will record Passenger’s flight reservation. Upon request Spring Japan will provide Passenger with written confirmation of Passenger’s reservation.
(2) Under SJO’s Regulations, conditions applicable to certain fares may limit or prohibit change or cancellation of reservations.
6-2 Ticketing Time Limits
Reservations will not be valid until the fare has been paid in accordance with the procedures and time limits.
6-3 Personal Data
A Passenger agrees that his/her personal data will be furnished to Spring Japan by the Passenger or his/her agent, will be retained by Spring Japan or, if Spring Japan deems necessary, will be transmitted by Spring Japan to any of its own offices, its Authorized Agents, other Carriers, the providers of travel services, government authorities or other entity or agency, for the purpose of making a reservation for Carriage, obtaining ancillary services, facilitating immigration and entry requirements or making available such data to government authorities or for any other purpose which Spring Japan deems necessary in order to facilitate any convenience of the travel for the Passenger.
6-4 No Guarantee of Seat
Spring Japan will endeavor to honour advance seating requests, however, Spring Japan cannot guarantee any particular seat. Spring Japan may, without a prior notice, change such seat due to a ship change or other reasons. Spring Japan reserves the right to assign or reassign seats at any time, even after boarding of the aircraft, for this is necessary for operational, safety or security reasons.
6-5 Cancellation of Reservations made by Spring Japan
(1) Spring Japan may, at its own discretion, cancel all or a part of the Passenger’s reservations if two or more seats are reserved for the same Passenger and if:
(a) same section of routes on the same day are reserved;
(b) same section of routes on dates in close proximity to each other are reserved;
(c) different section of routes on the same date are reserved; or
(d) it is reasonably considered that the Passenger can not use all of the seats reserved.
(2) If a Passenger fails to use a seat reserved on a flight without giving a prior notice thereof to Spring Japan , Spring Japan may cancel, or request any other Carrier to cancel, his/her onward reservations thereafter. If a Passenger fails to use a seat reserved on a flight of other Carriers without giving a prior notice thereof to such Carrier, Spring Japan may, upon the Carrier’s request, cancel his/her onward reservations thereafter. A service charge may be payable upon applicable fares.
(3) In the event that reconfirmation of reservations is required in accordance with regulations of any Carrier other than Spring Japan, Spring Japan may cancel the onward Spring Japan’s flight reservations thereafter for a Passenger when he/she fails to reconfirm a reservation of the Carrier within the time specified by the Carrier.
6-6 Service Charge When Seat not Used
A service charge shall, upon Spring Japan’s request and in accordance with SJO’s Regulations, be paid by a Passenger who fails to use a seat of which a reservation is made.
6-7 Communications Charges
A Passenger shall, unless Spring Japan agrees otherwise, bear any communication charges for telephone, fax or other communication facility (such as internet) used in connection with making or cancelling a reservation.
6-8 Communication Failure, etc.
In the event of delay in or failure of reservation, change and cancellation of a flight that arises from failure of communication equipment and line, computer and communications means such as disruption of telephone service, Spring Japan shall not be liable for any damage caused thereby except in the case such event is caused by the fault of Spring Japan.
Article 7 – SCHEDULES, DELAYS AND CANCELLATIONS OF FLIGHTS
7-1 Schedules
(1) Spring Japan undertakes to use its best efforts to carry a Passenger and his/her Baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel; provided that times shown in a timetable or elsewhere shall be just scheduled but not guaranteed and shall form no part of the contract of Carriage. Spring Japan may change any schedule of a flight without any prior notice and shall not be responsible for any trouble in respect of connection of a Passenger and/or his/her Baggage with any other flight because of such change.
(2) Spring Japan may, without prior notice, substitute any other Carrier or change an aircraft with respect to Carriage assumed by Spring Japan.
7-2 Delays and Cancellations of Flights
(1) Spring Japan may, without prior notice, cancel, terminate, divert, postpone or delay any flight or the right to, or any reservation with respect to, any further Carriage thereafter or determine if any take-off or landing should be made, without any liability except to refund, in accordance with these Conditions of Carriage and SJO’s Regulations, the fares and charges for any unused portion of the Ticket:
(a) because of any fact beyond Spring Japan’s control (including, but not limited to, Force Majeure such as meteorological conditions, acts of God, strikes, riots, civil commotions, embargoes, wars, hostilities, disturbances or unstable international relations) whether actual, threatened or reported or because of any delay, demand, condition, circumstances or requirement directly or indirectly relating to such fact;
(b) because of any fact not to be foreseen, anticipated or predicted;
(c) because of any Applicable Laws; or
(d) because of shortage of labor, fuel or facilities or labor problems of Spring Japan or others.
(2) If a Passenger refuses, notwithstanding Spring Japan’s request, to pay all or a portion of the fares demanded by Spring Japan or the charges demanded or assessed by Spring Japan with respect to his/her Baggage, Spring Japan will cancel the Carriage, or the right to any further Carriage thereafter, of the Passenger and/or his/her Baggage, without being subject to any liability therefor except to refund, in accordance with these Conditions of Carriage and SJO’s Regulations, any unused portion of the Ticket for which the Passenger fully paid the applicable fares and charges.
Article 8 – CHANGE
8-1 For Voluntary Change
Passenger who has not commenced the trip, or commenced trip already but before getting to the destination requested to change in a routing ,destination, flight or Ticket validity period ( hereinafter referred to as “Rerouting” ) whichever were indicated on the unused leg, shall be deemed as voluntary change.
(1) For voluntary change, it shall act as follows;
(a) Any request for change shall be made before getting to the destination as shown in the Ticket.
(b) The fares and charges applicable after a Rerouting shall be those which, as of the date of issue, were intended to apply on the date of commencement of the Carriage; provided that a Passenger, whose Ticket is all unused, requests Rerouting on a Flight coupon for the first international sector, the fares and charges applicable after a Rerouting shall be those applicable on the date on which the change is made and reflected on the Ticket.
(c) Any differences after taking into change shall be settled accordingly the balance paid to Carrier or the Passenger.
(d) The date of expiration of any Ticket newly issued as a result of a change in a routing, Carrier(s) or flight shall be the same as that of the original Ticket or Miscellaneous Charges Order or Electronic Miscellaneous Document; provided that, if a Passenger, whose Ticket is all unused, requests Rerouting on unused Ticket, the date of expiration of a new Ticket shall be calculated from the date of issuing the Rerouting Ticket.
(e) Any restrictions upon the Ticket shall be met before change application can be honoured. Under SJO’s Regulations, conditions applicable to certain fares may limit or prohibit voluntary change.
(f) Should Passenger change the transportation without Spring Japan’s agreement, Spring Japan will assess the correct price for the actual travel. Passenger will have to pay any fare difference, if any, plus reasonable service fee. Any unused Coupons of Passenger's Ticket will be invalidated.
(2) Change of Passenger’s Name
(a) Should Passenger changes his/her name appeared in Ticket, it shall be deemed as voluntary refund as per Article 9.3
(b) Spring Japan will charge the Passengers who apply for partial of changes in names, provided the typo is not due to mistake of Spring Japan or its Authorized Agent.
8-2 For Involuntary Change
(1) Unless otherwise provided in Article 7.2.(1), in the event that Spring Japan cancels a flight, fails to operate a flight reasonably according to the schedule, fails to stop at a Passenger's Destination or Stopover point, is unable to provide a Passenger with his/her reserved seat or causes a Passenger to miss a connecting flight of Spring Japan on which he/she holds a reservation, Spring Japan will, at the Passenger's option, follow either (a) or (b) below:
(a) carry the Passenger on any other flight of Spring Japan on which a seat is available;
(b) make a refund in accordance with the provisions of Article 9.2.
(c) the options outlined in Article 8.2.(1)(a) through 8.2.(1)(b) are the sole and exclusive remedies available to the Passenger.
(2) In the event that a Passenger misses an onward connecting flight of Spring Japan on which the Passenger holds a reservation because a Carrier carrying the Passenger fails to operate its flight according to the schedule or changes the schedule of such flight, Spring Japan shall not be liable for such missed connections.
Article 9 – REFUNDS
9-1
Spring Japan will refund Ticket or any unused portion thereof, in accordance with its own applicable fare rules or Tariff, including rules as follows;
Under SJO's Regulations, Spring Japan will limit or refuse a refund for a Ticket subject to conditions applicable to certain fares.
(1) Unless otherwise provided in this Paragraph, Spring Japan will make a refund to the person named in a Ticket or, to the person who purchased the Ticket upon presentation to Spring Japan of satisfactory evidence to prove that he/she is entitled by these Conditions of Carriage to such refund.
(2) If a person other than the Passenger named in a Ticket pays for the Ticket and designates a person to whom refund shall be made, Spring Japan will indicate on the Ticket that there is a restriction on a person to whom refund shall be made and make a refund only to the designated person.
(3) Passenger requesting refund shall fill in "REFUND APPLICATION FORM" as prescribed by Spring Japan. Except in the case of lost Tickets, refunds will only be made on surrender to Spring Japan of the Passenger Coupon or Passenger receipt and surrender of all unused Flight Coupons.
(4) Any refund made to a person presenting to Spring Japan a Passenger Coupon or Passenger Receipt and all unused Flight Coupons and claiming a refund pursuant to Article 9.1.(1) or 9.1.(2) shall be deemed a valid refund and shall discharge Spring Japan from liability to make any further refund to the true person.
(5) Refund due to Illness
(a) In case Passenger wishes to refund due to sickness, he/she shall show the Carrier his/her proper diagnostic certificate or medical record.
(b) In case of refund due to illness, with respect to a Ticket of which the period of validity is one year, unless otherwise provided in the applicable fare rules, full paid fare will be refundable if it is made before flight departure or the balance of full paid fare less any used leg shall be refunded if in stopovers. With respect to a Ticket of which the period of validity is less than one year, the refund will be made in accordance with Article 9.3.
(c) In case the companion of the sick Passenger request refund, it may be granted at same time for free. For more than one companion, refund for the other shall be made in accordance with Article 9.3.
(6) Refund on Death of Passenger
(a) In case of death to a Passenger before or during his/her journey, Spring Japan shall be subject to:
(i) In the event of death of a Passenger, his/her immediate family member or their proxy may request refund, by presenting proper death certificate and the refund will be made free of charge.
(ii) In case the person paid for the Ticket except the dead Passenger request refund, by presenting proper death certificate and the refund will be made free of charge.
(b) In case of refund for death, full paid fare will be refundable if it is made before flight departure, or the balance of full paid fare less any used leg shall be refunded if in stopovers.
(c) In case the companion of the dead Passenger request refund, it shall be made at the same time for free. For more than one companion, refund for the other shall be made in accordance with Article 9.3.
(d) A Passenger requests refund by reasons of death of his/her immediate family not accompanying him/her, refund will be made in accordance with the regulations specified in Article 9.3.
9-2 Involuntary Refunds
(1) The term "Involuntary Refund" means any refund made when a Passenger is prevented from using the Carriage provided for in his/her Ticket resulting from Spring Japan cancels a flight, fails to operate a flight reasonably according to the schedule, fails to stop at a Passenger's Destination or Stopover point, fails to provide previously confirmed space, causes a Passenger to miss his/her connecting flight of Spring Japan on which he/she holds a reservation or refuses to carry or removes a Passenger pursuant to any of Article 12.1.(1) through 12.1.(3), Article 12.1.(8) or Article 12.2.(2), and the amount of the refund shall be:,
(a) if no portion of the Ticket has been used, an amount equal to the fare paid;
(b) if a portion of the Ticket has been used, the higher of the following:
(i) the amount equal to the one way fare (or, when round trip discount was applied, one half of the round trip fare), less the same rate of discount, if any, that was applied in computing the original one way fare, and charges applicable to the unused transportation from the point of termination to the Destination or Stopover point named on the Ticket or to the point at which transportation is to be resumed; and
(ii) the difference between the fare paid and the fare for the Carriage completed.
9-3 Voluntary Refunds
(1) If a Ticket is refundable and the Passenger asks for refund based on reasons other than those set out in Article 9.2, the amount to be refunded shall be;
(a) If no portion of the Ticket has been used, an amount equal to the fare paid, less any reasonable service charges or cancellation fees provided in SJO's Regulations;
(b) If a portion of the Ticket has been used, the refund will be 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 reasonable service charges or cancellation fees.
9-4 Refunds on Lost Ticket
(1) For refund on lost Ticket or portion of it, satisfactory proof of fact of the loss shall be presented to Spring Japan, and subject to payment of a reasonable service fee, refund may be made on condition;
(a) That the lost Ticket, or portion of it, has not been used, previously refunded or replaced, where the use, refund or replacement by or to a third party was resulted from the negligence of Spring Japan, or its Authorized Agent.
(b) The person to whom the refund is made agrees to indemnify Spring Japan for any loss and damage incurred by Spring Japan in connection with the refund or such lost Ticket being used for Carriage, refund or otherwise.
(2) If Spring Japan or its Authorized Agent lose the Ticket or a portion of the Ticket, the loss shall be its own responsibility.
9-5 Right to Refuse Refund
(1) Under SJO's Regulations, Spring Japan will limit or refuse a refund for a Ticket subject to conditions applicable to certain fares.
(2) Spring Japan will refuse a refund for a Ticket in the event that a request therefor is made later than 30 Days from the expiration date of the Ticket.
(3) Spring Japan may refuse a refund for a Ticket which a Passenger presents to Spring Japan or to government officials of a country as evidence of his/her intention to depart therefrom, unless the Passenger establishes to Spring Japan’s satisfaction that he/she has permission to remain in the country or that he/she will depart therefrom by other Carrier or other transportation service.
(4) Spring Japan will not make a refund for a Ticket of a Passenger in the event that Carriage of the Passenger is refused or he/she is removed in accordance with Article 12.1.(4) through 12.1.(7).
9-6 Currency
Spring Japan reserves the right to make a refund in the same currency being paid for the Ticket.
9-7
Unless otherwise provided in SJO's Regulations, Spring Japan will make a voluntary refund for a Ticket only in case Spring Japan or its Authorized Agent originally issued the Ticket.
9-8 Refund to Credit Card or Debit Card Accounts
Refund for Ticket paid with credit card or debit card can only be credited to the card account originally used for the purchase. The refundable amount to be paid by Spring Japan will be on the basis of the amount and the currency originally paid by the Passenger.
Such payment shall be made at the rate of exchange established in accordance with SJO’s Regulations.
Article 10 – GROUND TRANSPORTATION SERVICE
Unless otherwise provided in SJO’s Regulations, Spring Japan will not arrange for, operate or provide ground transportation service within airport areas, between airports or between an airport and downtown areas. Except ground transportation service is directly operated by Spring Japan, any such service will be provided by an independent operator who is not and shall not be deemed an agent or servant of Spring Japan. Even in case a representative, officer, employee or agent of Spring Japan assists a Passenger in making arrangements for such ground transportation service, Spring Japan shall not be liable for the acts or omissions of such independent operator. In the event that Spring Japan operates for a Passenger such ground transportation service, SJO’s Regulations including, but not limited to, those stated or referred to in those regulations concerning Tickets, Baggage Checks, value of Baggage or otherwise shall be deemed applicable to such ground transportation service. No portion of fares shall be refundable even in case such ground transportation service is not used.
Article 11 – CHECK-IN AND BOARDING
11-1
Check-in Deadlines may be different at each airport and Spring Japan recommend that Passenger should check out these Check-in Deadlines and comply with them. Spring Japan reserves the rights to change the Check-in Deadlines accordingly.
11-2
A Passenger shall arrive at Spring Japan’s check-in location and boarding gate sufficiently in advance of flight departure to permit completion of any departure procedures. If no time is designated, sufficiently in advance of the flight departure so that there will be enough time for the Passenger to have check-in and departure procedures completed by the departure time of the flight.
11-3
If a Passenger fails to arrive at Spring Japan's check-in counter or the boarding gate by the time indicated by Spring Japan or is unable to depart because of improper or incomplete exit, entry or other necessary documentation required for his/her departure, Spring Japan may cancel his/her reservation of a seat and will not delay the flight for the Passenger.
11-4
Spring Japan shall not be liable to the Passenger for any damage due to the Passenger's failure to comply with the provisions of this Article.
11-5
Passengers shall observe the instructions of the Carriers' staff member and crew member with respect to boarding, deplaning and/or any other acts at airports or on board, or with respect to places of loading or unloading of the Passenger's Baggage.
Article 12 – REFUSAL AND LIMITATION OF CARRIAGE
12-1 Right to Refuse Carriage, Etc.
Spring Japan may refuse Carriage of, or remove, any Passenger, and in such case his/her Baggage will be handled in the same way, if Spring Japan determines at its reasonable discretion that:
(1) such action is necessary for a reason of flight safety;
(2) such action is necessary in order for Spring Japan to comply with Applicable Laws of any state or country to be flown from, into or over or other states or countries concerned;
(3) the Passenger or his/her conduct, age or mental or physical condition;
(a) requires special assistance of Spring Japan,
(b) may cause discomfort or makes himself/herself objectionable to other Passengers,
(c) may cause harm to himself/herself or to other persons or an aircraft or any property;
(d) obstructs any crew member in performing his/her duties or fails to comply with any instruction of any crew member
(e) uses portable telephones, portable radios, electronic games or other electronic devices in aircraft cabin without Spring Japan’s permission,
(f) smokes in aircraft cabin;
(4) the Passenger fails to pay any applicable fares, charges or taxes or may fail to perform a credit arrangement agreed upon between Spring Japan and the Passenger (or the person paying for the Ticket);
(5) the Ticket presented by the Passenger is:
(a) acquired unlawfully or purchased from an entity other than the issuing Carrier or its Authorized Agent,
(b) reported to have been lost or stolen,
(c) a counterfeit Ticket, or
(d) mutilated, or altered willfully by a person other than Spring Japan or its Authorized Agent, with respect to any Flight Coupon thereof ,in any of which cases Spring Japan reserves the right to retain the Ticket;
(6) the person presenting a Ticket cannot prove that he/she is the person named in the "Passenger Name" box of the Ticket, in which case Spring Japan reserves the right to retain such Ticket; or
(7) Passenger have failed to comply with the requirements set forth in Article 4.3.(2).
(8)
(a) the Passenger falls under Article 16.2.(1)(b),
(b) the Passenger may unlawfully seek to enter a country through which he/she is in transit by means of destroying his/her documentation required for exit, entry or other purposes or other ways, or
(c) the Passenger refuses to accept Spring Japan's request by reason of protecting an unlawful entry to a country that he/she surrenders his/her documentation required for exit, entry or other purposes to be held by a crew member in exchange of Spring Japan's receipt thereof;
(9) the Passenger falls under Article 13.5.(3) or 13.5.(4),
In the case of Article 12.1.(3)(c) or 12.1.(3)(d), Spring Japan may take such other measures as Spring Japan deems necessary to prevent the Passenger from continuing such conduct, failure, obstruction or act which measures shall include, but not limited to, restraint of the Passenger.
12-2 Limitation on Carriage
(1) Attendant travel with Passenger
Spring Japan may request the Passenger to be accompanied if it is required for the Passenger’s safety, or if the Passenger cannot evacuate from aircraft on his/her own, or if the Passenger is unable to understand the safety instructions.
Acceptance of Carriage of incapacitated persons, pregnant women or persons with illness shall be subject to SJO’s Regulation and may require a prior arrangement with Spring Japan.
(2) Carriage of Children or Infant
Children or Infant less than 12 years old shall travel with an adult companion Passenger who shall be at least 18 years old and without any physical or mental disability.
(3) Conditional Acceptance for Carriage
If a Passenger whose status, age or mental or physical condition may cause any hazard or risk to himself/herself is carried, Spring Japan shall not be liable for death of, or any injury, illness, wounding or disability suffered by, the Passenger or any aggravation or consequences thereof due to such status, age or mental or physical condition.
(4) If the total weight of the Passengers boarding, and/or Baggage loaded in, an aircraft may exceed the maximum allowance weight with respect to the aircraft, Spring Japan may, in accordance with SJO’s Regulations, decide which Passengers and/or Baggage will be carried
Article 13 – BAGGAGE
13-1 Free Baggage Allowance
In respect of international carriage performed by Spring Japan, the free Baggage allowance will be determined on the basis of weight concept. Except as otherwise provided in SJO’s Regulations, the free Baggage allowance for each Passenger, including Checked Baggage and Unchecked Baggage, will be limited as follows;
(1) Free Allowance for Adults
A Passenger is entitled to a free Baggage allowance of 25 kilograms, including Checked Baggage and Unchecked Baggage.
(2) Free Allowance for Children/Infants
Children are entitled to the same free Baggage allowance as adult Passengers. Infants are not entitled to a free Baggage allowance. Infants paying the children’s fare are entitled to the same free Baggage allowance as adult Passengers.
(3) In the event that two or more Passengers travelling on the same flight check their Baggage at the same time to be carried by Spring Japan to the same place, Spring Japan may, upon those Passenger's request, provide them collectively with a free Baggage allowance equal to the aggregated individual free Baggage allowance in respect of number of pieces and weight.
(4) For the domestic leg of international carriage, the free Baggage allowance for
Passenger will be determined by the regulation for the appropriate international leg.
(5) Where involuntary rerouting is made, Passenger shall be entitled to the free
Baggage allowance applicable to the fare originally paid.
(6) A fully collapsible stroller/pushchair, carrying basket and/or a car seat for Infants or children passenger’s own use are accepted for free and are not included in the Baggage allowance.
Any devices of necessity for disabled passenger (collapsible wheel chairs, sticks, prosthesis, etc.) are accepted for free and are not included in the Baggage allowance.
13-2 Excess Baggage Charge
(1) Excess Baggage means the Baggage to be carried in excess of the free Baggage allowance, regardless for Checked and Unchecked Baggage and special charge will be assessed for such Baggage.
(2) Baggage in excess of the free Baggage allowance set forth in Article 13.1. shall be subject to the applicable excess Baggage charge provided in SJO's Regulations.
(3) Excess Baggage Ticket shall be provided to evidence such charge.
(4) Unless Spring Japan otherwise agrees in advance with a Passenger, Spring Japan may carry the Passenger’s Baggage which is in excess of the applicable free Baggage allowance on any other flight or by any other transportation service.
13-3 Items Unacceptable as Baggage
(1) Passenger must not include in his/her Baggage, whether as Checked Baggage or Unchecked Baggage.
(a) items which are likely to endanger the aircraft or person or property on board the aircraft, such as those specified in the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in SJO’s Regulations. The following items expressly are unacceptable as Baggage; explosives, compressed gases, corrosives, oxidizing, radioactive or magnetized materials, materials that are easily ignited, poisonous, offensive or irritating substances;
(b) items Carriage of which is prohibited by Applicable Laws of any state or country to be flown from, into or over;
(c) items which Spring Japan deems unsuitable for Carriage by reason of their weight, size, shape or character such as being fragile or perishable;
(d) live animals, except those provided for in Article 13.9.; or
(e) Firearms, swords and other similar items, except as otherwise provided in SJO’s Regulations.
(2)Spring Japan will refuse to accept fragile or perishable items, money, jewelry, precious metals, negotiable papers, securities or other valuables, business documents, passports or other identification documents necessary for travel or samples as Checked Baggage.
(3) If any item referred to in Article 13.3.(1) is carried, whether or not Carriage of such item as Baggage is prohibited, such Carriage shall be subject to the charges, limitations of liability and any other provision of these Conditions of Carriage applicable to Carriage of Baggage.
13-4 Right to Refuse Carriage
(1) Spring Japan may refuse Carriage of, and take any necessary step with respect to, items of which Carriage as Baggage is prohibited by Article 13.3 and may refuse onward Carriage of any such item upon discovery thereof.
(2) Spring Japan may refuse to carry Baggage as Checked Baggage in case it is not properly packed in a suitcase or other suitable container to ensure safe Carriage with ordinary care in handling.
13-5 Security Inspection
(1) A Passenger shall submit to any security check required by government or airport officials or by Spring Japan, unless it is specifically deemed unnecessary by government or airport officials or by Spring Japan.
(2) Spring Japan will inspect the contents of Passenger's Baggage by opening his/her Baggage and/or by using some device in the presence of the Passenger concerned or a third person, for the purpose of security (including but not limited to the prevention of unlawful acts of seizure, exercise of control or destruction of aircraft) and/or for any other reason. Notwithstanding the foregoing, Spring Japan may inspect the Passenger's Baggage in his/her or a third person's absence to see whether he/she is in possession of, or his/her Baggage contains, any prohibited item referred to in Article 13.3.(1).
(3) Spring Japan will search Passenger's articles by touching the Passenger through his/her clothes and personal fittings including wigs or by using such instruments as a metal detector, for the purpose of security (including but not limited to the prevention of unlawful acts of seizure, exercise of control or destruction of aircraft)and /or for any other reason.
(4) When a Passenger does not agree with Spring Japan's inspection as specified in Article 13.5.(2), Spring Japan will refuse to carry such a Passenger's Baggage.
(5) When a Passenger does not agree with Spring Japan's search as specified in Article 13.5.(3), Spring Japan will refuse to carry such a Passenger.
(6) When such prohibited items as specified in Article 13.3.(1) have been found as a result of such inspection or search as specified in Article 13.5.(2) or 13.5. (3), Spring Japan may refuse to carry such Baggage, or may dispose of such Baggage. Spring Japan 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’s personal property as a result of such security checks, unless it is caused by Spring Japan’s fault.
13-6 Checked Baggage
(1) Packing for Checked Baggage should be well locked and firmly tied up, and be capable to bear certain amount of pressure. Baggage shall be safely loaded or unloaded for normal operation conditions and meet with the following requirement:
(a) Do not tie up two or more packages into one.
(b) If Baggage of a Passenger has no tag of name, initials or other personal identification, the Passenger shall affix such information to the inner and outside the Baggage prior to Spring Japan’s acceptance for carriage.
(2) Weight limit of each piece Baggage shall be 30 kilograms and the sum of the three dimensions of which shall not exceed 203 centimeters. Acceptance of any over-weighted or oversized Baggage shall be subject to prior permission of Spring Japan.
(3) Nothing contained in these Conditions of Carriage shall entitle a Passenger to have his/her Baggage checked on a flight for which a Carrier does not accept checking of Baggage.
(4) Unless otherwise provided in SJO’s Regulations or Applicable Laws, Spring Japan will, upon presentation by a Passenger of a valid Ticket covering Carriage on the lines of Spring Japan or on the lines of Spring Japan and one or more other Carriers, accept as Checked Baggage the Baggage which is tendered by the Passenger at the office designated, and by the time prescribed, by Spring Japan in respect of Carriage on the lines designated on the Ticket; provided that Spring Japan will not accept as Checked Baggage the Baggage tendered for Carriage:
(a) beyond the Destination designated, or on any routing not designated, on the Ticket;
(b) beyond a Stopover point, or beyond a point at which the Passenger transfers to a connecting flight departing from a different airport from that at which the Passenger is scheduled to arrive under the Ticket, unless otherwise provided for in SJO’s Regulations;
(c) beyond a point of transfer of the Baggage to any other Carrier with which Spring
Japan has no interline Baggage agreement or which has different conditions of
Carriage of Baggage from Spring Japan’s;
(d) for a sector in respect to which the Passenger holds no reservation;
(e) beyond a point at which the Passenger desires to resume possession of such Baggage or any portion thereof; or
(f) for a sector in respect to which the Passenger does not pay all applicable charges.
(5) Upon acceptance for carriage, a Baggage Identification Tag for each piece of Checked
Baggage shall be issued by Spring Japan to Passenger.
(6) Spring Japan will, to the reasonable extent possible, carry Checked Baggage of a Passenger coincidently with the Passenger on the aircraft which the Passenger boards; provided that, if Spring Japan deems it difficult or impracticable, Spring Japan may carry the Checked Baggage on any other flight in which such Baggage can be loaded within the maximum weight allowance or by any other transportation service.
(7) Declaration of Baggage the Value of which Exceeds the Limit of Liability and Excess Value Charges
(a) A Passenger may declare a value of Baggage in excess of the liability limitation of Spring Japan pursuant to Article18.3.(2). In the event that such declaration is made, unless otherwise specified, Carriage of the Baggage to be performed by Spring Japan shall be subject to a charge at the rate of U.S.$0.50 for each U.S.$100 or any fraction thereof as excess value charges with respect to such excess value; provided that the a value of Baggage to be declared by one Passenger shall not exceed U.S.$2,500.
(b) Unless otherwise provided in SJO's Regulations, a Passenger may pay excess value charges at the place of departure for a travel to the Destination; provided that, if a portion of the Carriage is performed by any other Carrier which apply different excess value charges from Spring Japan, Spring Japan may refuse to accept an excess value declaration with respect to such portion.
13-7 Unchecked Baggage
(1) Except articles specifically permitted by Spring Japan to be carried into the cabin, Baggage that a Passenger may carry into the cabin shall be, besides one piece of a Passenger’s personal belongings that the Passenger carries and retains as permitted by SJO’s Regulations, one piece of article provided in SJO’s Regulations that can be stowed in an enclosed storage compartment in the cabin or under the seat in front of the Passenger, the sum of the three dimensions of which shall not exceed 115 centimeters and each dimension shall be 56 centimeters x 36 centimeters x 23 centimeters at the maximum; provided, however, that the total weight of such articles shall not exceed 5 kilograms. A Passenger shall not carry into the cabin any Baggage that Spring Japan deems cannot be stowed in safety in the cabin.
(2) Spring Japan will permit a Passenger to carry into the cabin articles not suitable for Carriage in a cargo compartment (such as fragile musical instruments) only if a prior due notice of such article is given to, and a prior permission to such Carriage is granted by, Spring Japan. Carriage of such Baggage shall be subject to a charge provided in SJO's Regulations.
13-8 Collection and Delivery of Checked Baggage
(1) A Passenger shall claim and receive his/her Baggage as soon as reasonably possible after it becomes receivable at the Destination or Stopover point. Should the Passenger not collect it within a reasonable time, Spring Japan may charge him/her a storage fee when Spring Japan keeps such baggage at the facility of Spring Japan.
Should his/her Checked Baggage not be claimed within Seven (7) days of the time it is made available, Spring Japan may dispose of it without further notice or any liability to him/her. In this case, a Passenger who owns such Baggage shall bear any damages and expenses incurred in connection therewith.
(2) The bearer of the Baggage Check and the Baggage Identification Tag(s) issued to a Passenger when his/her Baggage is checked shall be exclusively entitled to accept delivery of the Baggage; provided that a Passenger who fails to present a Baggage Identification Tag(s) may accept delivery of the Baggage if he/she presents to Spring Japan the Baggage Check and if the Baggage is identified by other means. Spring Japan shall not be obligated to ascertain that the bearer of a Baggage Check and a Baggage Identification Tag(s) is truly entitled to accept delivery of the Baggage. Spring Japan shall not be liable for any damage arising out of or in connection with its failure to so ascertain.
(3) If a person claiming Baggage is unable to receive Baggage pursuant to Article 13.8.(2), Spring Japan will deliver the Baggage to such person only if he/she establishes to Spring Japan's satisfaction that he/she is duly entitled to receive the Baggage and if such person shall, upon Spring Japan's request, provide Spring Japan with adequate security to indemnify Spring Japan from any loss and damage incurred by Spring Japan in connection with such delivery.
(4) Spring Japan may, unless precluded by Applicable Laws and if time and other circumstances permit, deliver Checked Baggage to the bearer of a Baggage Check and a Baggage Identification Tag(s) at the place of departure or unscheduled stopping place if he/she requests such delivery. In delivering Baggage at the place of departure or unscheduled stopping place, Spring Japan will not refund any charges paid for such Baggage.
(5) Acceptance of delivery of Baggage by the bearer of a Baggage Check and a Baggage Identification Tag(s) without his/her written complaint at the time of the delivery shall constitute prima facie evidence that the Baggage has been delivered in good condition and in accordance with the contract of Carriage.
13-9 Animals
(1) Subject to SJO's Regulations and with Spring Japan's prior consent, Spring Japan will accept Carriage of animals such as dogs, cats, household birds and other pets if a Passenger puts those animals into a proper container and obtains valid health and vaccination certificates, entry permits and any other documents each required by any state or country to be flown into or over.
(2) In the event that Spring Japan accepts Carriage of an animal as Baggage of a Passenger, the animal shall, together with its container and food to be carried, not be included in the free Baggage allowance of the Passenger but shall constitute excess Baggage for which the Passenger shall pay a charge provided in SJO's Regulations.
(3) Notwithstanding the Article 13.9.(2), an assistance or service dog accompanying a Passenger with a disability to assist such Passenger together with a container and food will, subject to SJO's Regulations, be carried free of charge in addition to the normal free Baggage allowance.
(4) Spring Japan will accept Carriage of an animal subject to the condition that a Passenger shall observe SJO's Regulations and shall be fully responsible for such animal. Spring Japan shall not be liable for injury to, sickness or death of, such animal if and to the extent that such event resulted from the inherent nature of such animal.
13-10 Excess Baggage Charge or Excess Value Charge on Rerouting or Cancellations Any payment or refund of excess Baggage charge or excess value charge to be made in the case of Rerouting or cancellation of Carriage shall be subject to the provisions hereunder concerning payment of additional fare or refund of fare; provided that Spring Japan shall not make refund of excess value charge in the event that a portion of the Carriage is completed.
Article 14 – CONDUCT ABOARD AIRCRAFT
14-1
If, as a result of conduct by a Passenger of the sort mentioned in Article 12.1.(3)(b)
through 12.1.(3)(f), Spring Japan decided, in the exercise of Spring Japan’s reasonable discretion, to divert the aircraft for the purpose of offloading him/her, he/she must pay the reasonable costs resulting from that diversion.
14-2 Non-Smoking Flights
All Spring Japan flights are non-smoking flights. Smoking or its alternative is prohibited in all areas of the aircraft.
14-3 Seat Belts Compulsory
While in seat on board the aircraft, a Passenger has the obligation to fasten Passenger’s seat belt during the entire flight.
Article 15 – ARRANGEMENTS FOR ADDITIONAL SERVICES
15-1
Spring Japan provides no free meals and beverages during flight, while it provides various meals and beverages for Passengers to order in the cabin.
15-2
If Spring Japan makes arrangements for the Passenger with any third party to provide any services other than carriage by air, or if Spring Japan issues a ticket or vouchers relating to transportation or service (other than carriage by air) provided by a third party, such as ground transportation, hotel reservations or car rental, Spring Japan does so only as Passenger’s agent. These Conditions of Carriage shall not apply to the third party service provider.
Article 16 – ADMINISTRATIVE FORMALITIES
16-1 Compliance with Applicable Laws
A Passenger shall comply with and observe all Applicable Laws of countries concerned such as countries to be flown from, into or over, SJO's Regulations and instructions to be given by Spring Japan. Spring Japan shall be liable neither for any aid, assistance, guidance or otherwise given by a representative, officer, employee or agent of Spring Japan to the Passenger, whether given orally, in writing or otherwise, in connection with his/her obtaining exit, entry and other necessary documents or complying with or observing such Applicable Laws nor for the Passenger's failure to obtain such documents or to comply with or observe such Applicable Laws as a result of such aid, assistance, guidance or otherwise."
16-2 Travel Documents
(1)
(a) A Passenger shall present to Spring Japan all exit, entry or other necessary
documents required by Applicable Laws of country concerned such as countries to be flown from, into or over, and shall permit Spring Japan, if Spring Japan at its reasonable discretion deems it necessary, to make and retain copies thereof; provided that, even if a Passenger presents exit, entry or other necessary documents to Spring Japan and Spring Japan carry the Passenger, Spring Japan shall not be deemed to guarantee that such documents comply with Applicable Laws.
(b) Spring Japan reserves the right to refuse Carriage of any Passenger who does not comply in any respect with any of such Applicable Laws or whose exit, entry or other necessary documents are not complete in any respect.
(2) Spring Japan shall not be responsible for any loss or damage incurred by a Passenger, and the Passenger shall indemnify Spring Japan for any loss or damage incurred by Spring Japan, in connection with the Passenger's failure to comply with this Article.
16-3 Refusal of Entry
A Passenger shall pay the applicable fares, charges and expenses whenever Spring Japan is required by any Applicable Laws to return the Passenger to his/her place of departure or elsewhere because the Passenger is not permitted to enter a country of transit or Destination. Spring Japan may apply to the payment of such fares, charges and expenses any fares and/or charges paid by the Passenger to Spring Japan for unused portion of the Ticket or any funds of the Passenger in the possession of Spring Japan. Spring Japan will not refund the fare collected for Carriage to the point of such refusal of entry or deportation.
16-4 Administrative Formalities
Spring Japan shall not be responsible to a Passenger in any respect for its refusal of Carriage of the Passenger if Spring Japan at its reasonable discretion determines, or any Applicable Laws require, such refusal.
16-5 Customs Inspection
Whenever required, a Passenger's Baggage shall, whether checked or unchecked, be subject to any inspection to be conducted by customs or other government officials. Spring Japan shall not be responsible in any respect to a Passenger for his/her failure to comply with this paragraph. A Passenger shall indemnify Spring Japan for any loss or damage incurred by Spring Japan in connection with the Passenger's failure to comply with this paragraph.
16-6 Security Inspection
A Passenger shall submit to any security check required by government or airport officials or by Spring Japan.
Spring Japan 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’s personal property as a result of such security checks, unless it is caused by Spring Japan’s fault.
Article 17 – SUCCESSIVE CARRIERS
17-1
(1) Carriage to be performed under a Ticket or under a Ticket and any Conjunction Ticket by two or more successive Carriers shall be regarded as a single operation.
(2) Even if Spring Japan is a Carrier issuing a Ticket or is designated as a Carrier for the first sector in a Ticket or in any Conjunction Ticket involving Carriage by successive Carriers, Spring Japan shall not be responsible for any portion operated by other Carriers, unless otherwise provided in these Conditions of Carriage.
(3) Each Carrier’s liability to compensate for damage arising in connection with a Passenger’s travel shall be governed by such Carrier’s Conditions of Carriage.
Article 18 – LIABILITY FOR DAMAGE
18-1
Except as otherwise provided by the Convention or Applicable Laws, Spring Japan's liability for death of, or wounding or other bodily injury to, a Passenger, delay in arrival of a Passenger and/or his/her Baggage, or any loss of or damage to any Baggage of a Passenger (hereinafter collectively referred to as "Damage") arising out of or in connection with Carriage or other services incidental thereto performed or provided by Spring Japan shall be as described hereinafter. If there has been contributory negligence on the part of the Passenger, Spring Japan's liability shall be subject to the applicable law relating to contributory negligence.
(1) Spring Japan shall not be liable for any Damage in respect of Unchecked Baggage not attributable to negligence of Spring Japan. Assistance rendered to a Passenger by a representative, officer, employee or agent of Spring Japan in loading, unloading or transshipping Unchecked Baggage shall be considered as gratuitous service to the Passenger. Spring Japan will liable for the damage to Unchecked Baggage due to mistake of Spring Japan’s employee or its Authorized Agents if it is proved that such damage was caused by the mistake of Spring Japan and/or its Authorized Agents.
(2) Spring Japan shall not be liable for any Damage directly or indirectly arising out of its compliance with any Applicable Laws, failure of a Passenger to comply with the same or any cause beyond Spring Japan’s control. Spring Japan is not liable for any damage arising from compliance of the Passengers with Applicable Laws.
18-2 Applicable Laws
(1) Carriage performed by Spring Japan shall be subject to the rules and limitations relating to liability established by the Convention as applicable to the Carriage unless such Carriage is International Carriage to which the Convention does not apply.
(2) To the extent not in conflict with the provisions of Article 18.2.(1), any Carriage and other services to be performed or provided by Spring Japan shall be subject to:
(a) Applicable Laws; and
(b) these Conditions of Carriage and SJO's Regulations, which may be inspected at
any of Spring Japan's business offices and its offices in any airport from which it operates regular services.
(3) The full name of a Carrier and its abbreviation shall be as set forth in the Carrier's regulations and such name may be expressed in an abbreviated form on a Ticket. For the purpose of application of the Convention, a Carrier's address shall be the airport of departure indicated in the line of the Ticket on which the abbreviation of the Carrier's name first appears and the Agreed Stopping Places (which may be altered by the Carrier in case of necessity) shall be those places as defined in Article 1.
18-3 On the Limitation of Liability regulated in Convention
(1) Where the Convention other than the Montreal Convention applies;
(a) Spring Japan agrees in accordance with Article 22 (1) of the Convention that, as to all International Carriage performed by Spring Japan and as defined in the Convention:
(i) Spring Japan shall not apply the applicable limit of liability based on Article 22 (1) of the Convention in defense of any claim arising out of death of or, wounding or other bodily injury to, a Passenger within the meaning of Article 17 of the Convention. Except as provided in (ii) below, Spring Japan will not waive any defense to such claim which is available under Article 20 (1) of the Convention or any other Applicable Laws.
(ii) Spring Japan will not, with respect to any claim arising out of death of, or wounding or other bodily injury to, a Passenger within the meaning of Article 17 of the Convention, avail itself of any defense under Article 20 (1) of the Convention up to the sum of 113,100 SDR exclusive of the costs of the claim including attorney's fees which the court finds reasonable.
(b) Nothing herein shall be deemed to affect the right of Spring Japan with regard to any claim brought by, on behalf of, or in respect of any person who has wilfully caused Damage which resulted in death of, or wounding or other bodily injury to, a Passenger.
(2) In case of International Carriage except as prescribed sub-paragraph (1), the following shall apply.
(a) In the case of Carriage subject to the Montreal Convention, Spring Japan's liability for Baggage shall be limited to 1,131 SDR for each Passenger.
(b) Except as provided in the provisions of (a) above, Spring Japan's liability shall be limited to 17 SDR (250 French Gold Francs) per kilogram in the case of Checked Baggage and 332 SDR (5,000 French Gold Francs) for each Passenger in the case of Unchecked Baggage.
(c) The limitation referred in (a) and (b) above does not apply if the Passenger shall have declared a higher value in advance and paid additional charges pursuant to Article 13.6.(7). In that event, Spring Japan's liability shall be limited to such higher declared value. In no case shall Spring Japan's liability exceed the actual amount of Damage suffered by the Passenger. All claims shall be subject to proof by the Passenger of the amount of Damage.
(3) In case the Article 18.3.(2)(b) applies, in the event of delivery to a Passenger of a part but not all of his/her Checked Baggage or in the event of Damage with respect to a part but not all of such Baggage, Spring Japan's liability with respect to the undelivered or the Damage portion shall be reduced proportionately on the basis of the weight of the Baggage, notwithstanding the value of any part of the Baggage or the contents thereof.
(4) Spring Japan may refuse to accept any article which shall not constitute Baggage under these Conditions of Carriage; provided that, if the article is delivered to and received by Spring Japan, it shall be subject to the Baggage valuation and limitation of liability set forth in these Conditions of Carriage and shall be subject to the rates and charges published by Spring Japan.
18-4
(1) Spring Japan will issue a Ticket or accepts Checked Baggage for Carriage performed by any other Carrier only as an agent of such Carrier. Spring Japan shall not be liable for any Damage which shall have occurred outside a sector the Carriage for which shall have been performed by Spring Japan. Spring Japan shall neither be liable for any Damage which shall have occurred to Checked Baggage outside a sector the Carriage for which shall have been performed by Spring Japan, except where the Passenger shall be entitled by the Convention to claim such Damage against Spring Japan in case Spring Japan is the first or the last Carrier under the relevant contract of Carriage.
(2) Spring Japan shall not be liable in any event for any consequential or special damage or punitive damages arising from Carriage complying with these Conditions of Carriage and SJO's Regulations, whether or not Spring Japan had knowledge that such damage might arise.
(3) Unless otherwise provided in these Conditions of Carriage, Spring Japan reserves any and all right of defense available under the Convention. Spring Japan also reserves a right to make a subrogation claim against a third party which shall have contributed to Damage, with respect to a portion or all of any payment made by Spring Japan in connection with the Damage.
(4) Spring Japan shall not be liable for any Damage with respect to a Passenger's Baggage caused by the contents thereof. A Passenger whose property causes Damage to another Passenger's Baggage or the property of Spring Japan shall indemnify Spring Japan for all loss and expenses incurred by Spring Japan as a result thereof.
(5) Spring Japan shall not be liable for any Damage to items which are included in a Passenger's Checked Baggage, if and to the extent that the damage resulted from the inherent defect, quality or vice of the item, irrespective of Spring Japan's knowledge thereof.
(6) Any exclusion or limitation of liability of Spring Japan under these Conditions of Carriage and SJO’s Regulations shall also apply to any of Spring Japan’s representatives, officers, employees or agents performing their respective duties and to any person or entity whose aircraft is used by Spring Japan for Carriage and any of its representatives, officers, employees or agents performing their respective duties. The aggregate amount of the damages payable by Spring Japan or its representatives, officers, employees or agents shall not exceed the amount of Spring Japan’s limitation of liability under these Conditions of Carriage.
Article 19 – TIME LIMITATIONS ON COMPLAINTS
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No claim for damage may be made in the case of damage to Baggage, unless the person entitled to delivery complains to an office of Spring Japan forthwith after the discovery thereof and no later than 7 Days from the date of receipt; and, in the case of delay or loss, unless the complaint is made no later than 21 Days from the date on which the Baggage has been (in the case of delay) or should have been (in the case of loss) placed at his/her disposal. Every complaint must be in writing and dispatched within the time aforesaid. In case Carriage is not "International Carriage" as defined in the Convention, failure to give such notice of complaint shall not prevent a claimant's filing a suit if the claimant proves that:
(1) it was not reasonably possible for him/her to give such notice;
(2) such notice was not given due to fraud on the part of Spring Japan; or
(3) Spring Japan had knowledge of the damage to the Passenger's Baggage.
Article 20 – TIME LIMITATIONS ON ACTIONS
Any right to damages against Spring Japan shall be extinguished unless an action is brought within 2 years reckoned from the date of arrival at the Destination, from the date on which the aircraft ought to have arrived, or from the date on which the Carriage stopped.
Article 21 – OVERRIDING LAW
Any provision contained or referred to in a Ticket or in these Conditions of Carriage or SJO's Regulations shall, even if it is in violation of Applicable Laws and is invalid, remain valid to the extent not in conflict with Applicable Laws. The invalidity of any provision shall not affect any other provision.
Article 22 – MODIFICATION AND WAIVER
No representative, officer, employee or agent of Spring Japan shall have authority to alter, modify or waive any provision of the contract of Carriage or of these Conditions of Carriage or SJO’s Regulations.
SUPPLYMENTARY PROVISIONS
Article 1 – DATE OF EFFECTIVENESS
This Conditions of Carriage shall come into effect as of May 30, 2017.