General Conditions Ver.2017
West Air Conditions of Domestic Carriage
Chapter 1 Definitions
Chapter 2 Applicability
Chapter 3 Tickets
Chapter 4 Fares, Taxes and Charges
Chapter 5 Reservation
Chapter 6 Refusal and Limitation of Carriage
Chapter 7 Ticketing
Chapter 8 Schedule, Cancellation and Change of Flight
Chapter 9 Change of Ticket
Chapter 10 Endorsement of Ticket
Chapter 11 Refund
Chapter 12 Group Passengers
Chapter 13 Overbooking
Chapter 14 Code Share Flight
Chapter 15 Check-in and Boarding
Chapter 16 Transportation of Baggage
Chapter 17 Passenger Services
Chapter 18 Conduct on Aircraft
Chapter 19 Administrative Formalities
Chapter 20 Successive Carriers
Chapter 21 Liabilities for Loss and Limits of Compensation
Chapter 22 Effectiveness and Modification
Chapter 1 Definitions
Article 1 West Air General Conditions of Domestic Carriage for Passenger and Baggage (hereinafter referred to as “Conditions”) is the contract of carriage between West Air and the passenger; it is a legal document which establishes a legal relationship between the both parties and specifies their rights and obligations. The documents, including but not limited to tickets and itinerary/receipt of e-ticket for carriage issued by West Air, as part of the contract of carriage, shall have the same legal effect as the Conditions. Unless otherwise specified in an article, the following terms herein are defined as follows:
1.1 Domestic carriage means transportation in which, according to the contract of carriage concluded by the parties, either the place of departure or the destination or an agreed stopping place, whether or not there is a break in the transportation, are all situated in the Peoples Republic of China.
1.2 West Air stands for West Air Company Limited (IATA code: PN; ICAO specified code: CHB; IATA settlement code: 847; website: www. westair.cn).
1.3 Carrier means the public air transportation corporation who fills and issues tickets, transports or commits to carrying the passengers listed in the tickets and their baggage.
1.4 Issuing Carrier means the air carrier who issues the ticket and its numeric code is indicated on the flight coupon of a ticket or an electronic ticket.
1.5 Marketing Carrier means the air carrier undertaking to carry the passenger there under and its code is recorded as the carrier on the flight coupon of a ticket or an electronic ticket.
1.6 Operating Carrier means the air carrier that performs the actual air carriage and additional service. The operating carrier and marketing carrier may not be the same in a code share agreement.
1.7 West Air Regulations means these regulations excluding this Conditions, which will be in effect for both sides once the ticket is issued, are legally formulated and released by West Air for the purpose of sufficient supervision of its passenger and baggage transportation. Effective applicable ticket fares and conditions are included.
1.8 Sales Agent means an enterprise engaged in sales agency for civil air transportation.
1.9 Authorized Sales Agent means an enterprise who selling tickets of West Air flights with its authorization.
1.10 Ground Services Agent means an enterprise engaged in ground services agency for civil air transportation.
1.11 West Air Ground Services Agent means a ground services agent who is assigned to provide ground services for West Air flights.
1.12 Passenger means any person, except members of the crew, carried or to be carried in an aircraft with the consent of West Air.
1.13 Group Passenger means a group consisting of 10 (ten) or more persons (or the minimum number required in a certain product of West Air), with the same itinerary, boarding dates, flights and class of service and paying the same group fare.
1.14 Child means any person over 2 (two) years old but less than 12 (twelve) years old on the date of commencement of travel.
1.15 Unaccompanied Minor means any person over 5 (five) years old (included) but less than 12 years old on the date of commencement of travel who travels without the company of an adult over 18 years old with full capacity for civil conduct.
1.16 Infant means any person who is under 2 (two) years old on the date of commencement of travel. West Air does not accept infants who are less than 14 (fourteen) days of age for medical and safety reasons.
1.17 Reservation means the reservation of seat and class of service, or the weight and size of baggage appointed by the passenger.
1.18 Flight means the scheduled flying of aircraft according to the required route, date and time.
1.19 Overbooking means a selling of seats in excess of the maximum seating capacity on the flight to meet the travel needs of more passengers and minimize the empty seats.
1.20 Code Share Flight means that through the agreement, one carrier uses its flight number on the flight actually operated by the other carrier, or several airlines use their own flight numbers on the same flight.
1.21 Passenger Reservation Form means the business document used for reservation and issuance of the ticket by the carrier or its authorized sales agents, which must be filled by the passenger before purchasing a ticket.
1.22 Valid Identification Certificates mean the ones presented by the passengers when purchasing tickets and checking-in for identification according to government rules, such as the resident identity card, valid passport, travel document of a Hong Kong, Macau or Taiwan resident, certificate of military officer, certificate of police officer, certificate of soldier, certificate of civilian cadre or retired cadre, household register for a minor under the age of 16 (sixteen) and other documents that can be used according to relevant provisions.
1.23 Ticket means the valid document sold or recognized by the carrier or its authorized sales agents, with authorized transportation right. It includes paper tickets and electronic tickets.
1.24 Paper Ticket means the “passenger ticket and baggage check” issued by a carrier or a carrier representative, including the conditions of carriage contract, declaration, notice, flight coupon, passenger coupon etc..
1.25 Flight Coupon means that portion of a paper ticket that bears the notation “valid for carriage” and indicates the two particular places between which the passenger is entitled to be carried.
1.26 Passenger Coupon means that portion of a paper ticket marked with “Passenger Coupon”, which shall be retained by the passenger at all times.
1.27 Electronic Ticket means a valid carriage certificate sold by or recognized by the carrier or its authorized sales agents in electronic data, with authorized transportation right. It is the electronic substitute for a paper ticket.
1.28 Itinerary of E-Ticket for Air Transportation means the payment proof and reimbursement document for the purchase of an electronic ticket. It also reminds the passenger itinerary.
1.29 Interline Ticket means a ticket containing two or more flights.
1.30 Round-Trip Ticket means a ticket with which the passenger departs from one place for another and then returns back to the point of origin.
1.31 Conjunction Ticket means a ticket issued to a passenger in conjunction with another ticket and which together constitute a single contract of carriage.
1.32 Days mean calendar days, including all seven days of the week. Provided that, for the purpose of notification, the day upon which a notice is dispatched shall not be counted; and that for purposes of determining duration of validity, the day upon which the ticket is issued, or the flight commenced, shall not be counted.
1.33 Fixed Ticket means a ticket with fixed flight, boarding date and reserved seat.
1.34 Open Ticket means a ticket with unfixed flight, boarding date and unconfirmed seat.
1.35 Normal Fare means the highest fare established in the First, Business or Economy Class during the applicable period. “Normal fare” shall be subject to the fare published by the carrier on the date of commencement of travel.
1.36 Special Fare means a fare other than the normal fare. “Special fare” shall be subject to the fare published by the carrier on the date of commencement of travel.
1.37 Free Carriage means free carriage offered by West Air to carry certain passengers and baggage in mainland China for free (tax not included), including but not limited to free carriage provided by West Air for benefits, marketing, private or business travel for employees, and frequent flyer rewards.
1.38 No-show means a passenger’s failure to board the aircraft because he/she fails to board the flight listed on his/her ticket within the prescribed time limit or his/her travel documents do not meet the requirements.
1.39 Missing Flight means a passenger’s failure to board the flight listed on his/her ticket after finishing check-in at the origin airport or transit airport.
1.40 Wrong boarding means a passenger’s boarding a wrong flight rather than the one indicated on his/her ticket.
1.41 Baggage means such articles and other personal properties of a passenger are necessary or appropriate for wear, use, comfort or convenience in connection with the trip. Unless otherwise specified, it shall include both checked and unchecked baggage of the passenger.
1.42 Checked Baggage means baggage of which West Air takes custody and carriage and for which West Air has issued a baggage check.
1.43 Unchecked Baggage means any baggage other than passengers’ checked baggage, including self-care baggage and free carry-on items.
1.44 Self-care Baggage means any baggage which, with the consent of West Air, is weighed or calculated by the piece by West Air and taken care of by the passenger during the journey including stay in transit points.
1.45 Free Carry-on Item means any small item which, with the consent of West Air, is carried by passenger on board or during the stay at transit points for free, within the sorts and quantity limitations set by West Air.
1.46 Baggage Check means the portion of a ticket, which relates to the carriage of the passenger’s checked baggage.
1.47 Baggage Identification means a document issued by West Air solely for identification of checked baggage.
1.48 Check-in means the process that West Air or its ground service agents to get boarding pass ready and check the baggage for passengers.
1.49 Departure Time means the time of closing aircraft door after the boarding of passengers.
1.50 Deadline Time for Check-in means the time to stop checking in. The deadline time is generally 30 minutes before scheduled departure time unless otherwise specified by West Air or an airport.
1.51 Agreed Stopping Place means the place, other than the origin and the destination, indicated on the ticket or listed on West Air’s timetable as a scheduled stopping place on the passenger’s route.
1.52 Connection means a passenger, when travelling between the origin and destination, takes other flights of the same carrier or other carriers’ flight in the middle of the trip reach the destination.
1.53 Loss means direct and actual loss occurred in the carriage provided by West Air or other service related to air transport, including death, injury, delay, loss, partial loss or other damage.
1.54 Endorsement means the change of the carrier’s code specified on the ticket.
1.55 Change means the change of the flight, date, class of service and itinerary specified on the ticket.
1.56 Difference between Classes means the difference produced in voluntary change from lower class or fare to higher one by the passenger.
1.57 Refund means a process that within the valid period of the ticket, the ticket is partially or wholly used due to passenger, West Air or other reasons, West Air refunds tickets according to its refund rules.
1.58 Involuntary Refund means a refund made as requested by the passenger due to cancellation, delay, early departure of flight, change in itinerary, or failure to provide reserved seats.
1.59 Refund (cancellation) Fee means fees charged by the carrier in accordance with relevant regulations due to voluntary refund by the passenger.
1.60 Force Majeure means an unusual and unforeseeable circumstance beyond control, the consequences of which could not have been avoided even if all due care had been exercised.
1.61 Process of Getting on and off West Air Aircrafts means the process that a passenger steps on the airbridge from the boarding gate, or goes up the ladder until he/she enters West Air aircraft from the tarmac, and the process that a passenger goes out of West Air aircrafts until he/she steps outside the airbridge or down the ladder.
1.62 Flight Delay means light actual arrival chocks inserted time excess 15 minutes later than scheduled arrival time.
1.63 Flight Departure Delay means the situation that a flight actual departure chocks withdraw time excess 15 minutes later than scheduled departure time.
1.64 Flight Cancel means the situation that cancel of flight plan due to predicted flight delay or cancel of flight plan caused by flight delay.
1.65 On-Board Delay means that the passengers wait in the aircraft for more than the scheduled ground taxiing time after the door is closed before taking-off or before the door is open after landing
Chapter 2 Applicability
2.1 Except for those specified in 2.2, 2.3, 2.4 and 2.5 in this Chapter, these Conditions apply to all domestic air transport of passengers and baggage performed by West Air for reward, and the domestic routes under special control are not included.
2.2 These Conditions also apply to carriage under gratuitous fares unless otherwise prescribed for the carriage conditions, contracts and tickets of gratuitous fares.
2.3 If carriage is performed pursuant to a charter agreement of West Air, passengers and baggage in the charted carriage shall follow the provisions of the charter agreement. The Conditions shall be followed in the absence of any agreement.
2.4 In the event of inconsistency between any provisions hereunder and anything contained in any applicable national laws, government regulations, orders or requirements, the national laws, government regulations, orders or requirements shall prevail. Except for those inconsistent provisions, the validity of the remaining provisions hereunder shall not be affected.
2.5 In the event of inconsistency between any provisions hereunder and anything contained in the latest provisions published by West Air, the latest provisions shall prevail. Except for those inconsistent provisions, the validity of the remaining provisions hereunder shall not be affected.
Chapter 3 Tickets
Section 1 General Rules
Article 3 The ticket constitutes prima facie evidence of the contract of carriage between the carrier and the passenger on the named ticket. The contract condition in the ticket is a summary of some of the provisions of general conditions of West Air carriage. The ticket includes paper ticket and electronic ticket.
Article 4 The ticket is registered and may be used only by the passenger whose name is listed on the ticket and this must match the passenger’s ID information.
Article 5 Tickets are not transferable. A transferred ticket is invalid and non-refundable. If a ticket is not presented by the passenger to whom the ticket was issued for transport or refund, West Air shall not be liable to the original ticket holder if in good faith it provides carriage or makes a refund to the person presenting the ticket.
Article 6 Do not tamper the ticket without the permission of West Air. A tampered ticket is invalid and non-refundable.
Article 7 Requirements for using
7.1 Each Passenger shall respectively hold his/her own ticket.
7.2 The passenger shall present valid identification certificate and obey the following rules:
7.1.1 In the event of using a paper ticket, a passenger who fails to produce a valid ticket issued according to relevant regulations of West Air containing the flight coupon of intended flight and all other unused flight coupons and passenger coupons shall not be entitled to demand for boarding. A passenger who presents an incomplete ticket or a ticket changed otherwise than by West Air or its sales agents shall not be entitled to demand for boarding.
7.1.2 In the event of using an electronic ticket, a passenger can only demand for boarding after his/her electronic ticket has been verified by West Air or its ground service agents. Itinerary for Air Carriage Electronic Ticket is only used as a reimbursement document or a reminder of the itinerary, not necessary in check- in or security check.
7.1.3 Unless otherwise specified by West Air, all the segments on the ticket shall be used in sequence as specified on the ticket, starting from the origin. If the first segment on the ticket is not used and the passenger commences the journey at the agreed stopping place, this ticket is invalid and West Air shall refuse the carriage and refund.
7.1.4 The booking class for each segment shall be indicated. West Air only accepts the carriage after the seat and the commence date of the flight are confirmed. For segments with seats unconfirmed, West Air will make reservations for the passengers, upon their application, based on the applicable fares and available seats on the flight.
7.1.5 The Passenger shall finish all the itineraries indicated on the ticket within the duration of validity of the ticket.
7.1.6 Passengers shall travel according to the sequence of segments listed on the ticket, and shall not terminate the trip prior to completing all segments without the approval of West Air.
7.1.7 The flight coupons for domestic segments contained in international interline ticket may be used directly, without being exchanged into domestic ticket.
7.1.8 If a passenger purchases domestic air tickets, issued as an international paper ticket, outside of China, the ticket can be used only after being exchanged into domestic ticket in China. There is no need to exchange for international electronic ticket (IET).
7.1.9 Fixed ticket is only applicable to the carrier, flight date, flight number and class of service specified on the ticket; an open ticket may be used only after a seat has been successfully confirmed.
Section 2 Period of Validity
8.1 Unless otherwise agreed, a ticket shall be valid from the midnight on date of commencement of travel or the date of issue to midnight on the date of expiration.
8.2 Unless otherwise agreed, a ticket in normal fare is valid for carriage for one year from the date of commencement of travel; if the ticket is completely unused, it shall be deemed as an open ticket and valid for one year from the issuance date.
8.3 The period of validity for a ticket in special fare shall be calculated according to related terms of using tickets in special fare of West Air.
8.4 Unless otherwise specified, the period of validity of changed ticket shall be the same as that of the original ticket.
Section 3 Extension of Period of Validity
9.1 If a passenger fails to travel within the period of validity of the ticket due to any of the following reasons by West Air, the period of validity of the ticket shall be extended to the first flight that can be provided by West Air on which a seat of the same class as that purchased by the passenger.
9.1.1 The flight on which the passenger holds a reservation is cancelled.
9.1.2 An agreed stopping place which is the passenger’s place of departure or destination is cancelled.
9.1.3 The flight fails to depart as scheduled.
9.1.4 The passenger misses the flight on which a seat has been confirmed.
9.1.5 The passenger’s booking class is changed.
9.1.6 The reserved seat cannot be provided.
9.2 A passenger who holds a ticket in normal fare or a ticket in special fare having the same period of validity as the normal ticket fails to travel within the period of validity due to West Air’s failure to provide a seat based on the class of service of the ticket. The period of validity of the ticket could be extended to the first flight that can be provided by West Air on which a seat of the same class as purchased by the passenger. However, the extended period shall no more than 7 days.
9.3 The extension of validity of a ticket in special fare whose period of validity is different from that of a ticket in normal fare shall be subject to related terms of using tickets in special fare of West Air.
9.4 When a passenger is interrupted from traveling after having commenced his/her trip but within the period of validity of the ticket because of illness, West Air may, unless West Air has otherwise provided for the fare paid, extend the period of validity of such passenger's ticket until the date when the passenger is fit for travel according to a medical certificate, or until the first flight is provided by West Air after such date from the point where the journey is resumed on which space is available in the class of service for which the fare has been paid. When the flight coupon remaining in the ticket involve one or more stopovers, the validity of such ticket will be extended for no more than three months from the date shown on such certificate. In such circumstances, West Air may extend similarly the period of validity of tickets of immediate family members accompanying the incapacitated passenger.
9.5 In the event of death of a passenger during the trip, the tickets validity of the persons accompanying the passenger may be extended. In the event of death of the immediate family of the passenger who has commenced travel, the validity of the passenger's tickets and those of his/her immediate family accompanying the passenger may be likewise changed. Such change shall be made upon receipt of a proper death certificate and any such extension of validity shall not be for a period longer than 45 (forty-five) days from the date of the death.
Section 4 Loss of Ticket
Article 10 Report of loss of ticket
10.1 In case of loss or mutilation of a ticket, or part thereof, or non-presentation of a ticket containing the passenger coupon and all unused flight coupons, the passenger shall make a loss report in written form to West Air or its authorized sales agents.
10.2 When reporting a ticket loss, the valid identify certificate shall be produced, but the certificate of loss issued by public security organ is not needed. If the reporter is not the passenger, valid identity certificates of the reporter and the passenger shall be produced. Besides, the written application, agent coupon of the original ticket and other materials or certificates that can prove the loss of the ticket shall be provided at the same time.
10.3 West Air shall not be liable for tickets that have been fraudulently used or refunded in full or in part before the passenger reports the loss of the ticket.
Article 11 Re-issuance of fixed paper ticket
In the case of loss of a fixed paper ticket, the passenger, after being approved by marketing and sales department of West Air which accepts loss reports, shall provide materials and evidence as specified in related regulations before the deadline for check-in of the scheduled flight. After the verification, West Air may reissue a new ticket for the scheduled flight under the following conditions:
11.1 The passenger shall fill the Application for Reported Loss of Documents of West Air.
11.2 The passenger shall declare to agree to compensate for all losses caused thereby to West Air, including any losses due to that the ticket has been or will be in the future fraudulently used or refunded, and the necessary lawsuit fees.
Article 12 Refund for lost paper ticket
12.1 The passenger who has lost the open ticket shall promptly report for loss of ticket in written form to West Air according to Article 10 of this Chapter. The ticket may be refunded with materials and evidence as specified in Article 10.2 within 30 days after the expiration of validity period where the ticket is verified that it has not been fraudulently used or refunded.
12.2 The fixed ticket, once lost, can be refunded with materials and evidence as specified in Article 10.2 and passenger coupon of newly bought ticket within 30 days before the expiration of validity period after being verified by West Air.
Article 13 Lost of Itinerary for electronic ticket
13.1 The itinerary for electronic ticket cannot be reissued once lost. A passenger who has lost it can make application in written form to West Air and apply for a purchase certificate with valid identification certificate in the place where the ticket has been purchased or West Air ticket office.
13.2 The purchase certificate can only prove that the passenger has bought the ticket and it is not valid travel document or reimbursement document.
Chapter 4 Fares, Taxes and Charges
Article 14 Fares
14.1 Passenger fares mean the air transport prices for carriage from the airport of departure to the airport of destination. Fares do not include ground transport service between airports and downtowns, or between airports in the same city, and all kind of additional charges.
Taxes and charges collected by government or other authority, or any passenger charge collected by the operator of an airport or the carrier with government or other authority’s approval will not be included in passenger fare and shall be paid by the passenger. The passenger shall be informed by West Air that taxes and charges are not included in the fare when purchasing a ticket.
14.2 The passenger fare is the applicable fare on the day when the passenger purchases the ticket. If the fare is adjusted after the ticket is sold, the fare amount will not be changed if no voluntary changer or operation is involved.
14.3 Fares published by West Air are only applicable to non-stop flights. If a passenger demands to stop or take other flights at a stopping place, the fare shall be calculated by adding up fares in each segment that he/she has actually taken.
14.4 A passenger who buys a ticket in special fare shall follow related regulations there under.
Article 15 Fares and charges
15.1 Fares shall be paid in the currency or payment methods specified by the Chinese government. Unless otherwise agreed by West Air and the passenger, fares and charges shall be paid in cash.
15.2 In the case that fares and charges disagree with the applicable fares or are mistakenly calculated, the deficiency of fares shall be supplemented by passengers or the overcharge thereof shall be returned by West Air.
15.3 The ticket fare uses RMB 10 (ten) as its unit of account and will be rounded to the nearest RMB 1 (one). All other fees collected or paid by West Air shall be subject to the regulation of the carrier.
Article 16 Fares for disabled or wounded veterans, policeman who is disabled while on duty, children and infants
16.1 Disabled or wounded veterans and policeman who is disabled while on duty are charged 50% of the applicable full adult fare on the same flight if they present Certificate for Disabled or Wounded Veterans of the People's Republic of China or Pension Certificate for Disabled or Wounded People's Policemen of the People's Republic of China.
16.2 A child is charged 50% of the applicable full adult fare on the same flight and will be provided with a separate seat.
16.3 An infant is charged 10% of the applicable full adult fare on the same flight without a seat. If the infant passenger is required to occupy a seat separately, a child fare ticket shall be purchased. Each adult over 18 years old with full capacity for civil conducts shall carry up to 2 (included) infants. Passengers traveling with more than one infant shall purchase a child fare ticket for the second infant.
Article 17 Taxes
Taxes or fees specified by government, relevant authorities or an operator of an airport to passengers or due to any service or facility used by the passenger are not included in the published fares and shall be paid by the passenger.
Chapter 5 Reservation
Article 18 Basic requirements for reservation
18.1 A reservation shall be confirmed and valid only when the passenger has produced relevant information and identification certificates as required by West Air and West Air has accepted the request for a specific flight designated by the passenger.
18.2 A reservation without confirmation record from West Air or its sales agents shall not be deemed as confirmed.
18.3 In accordance with the provisions of West Air, some special fares are subject to limitations or exclude the passenger’s right to change, endorse, refund or cancel the reservation.
18.4 In case that the reservation record is invalid after verifying the ticket presented by the passenger, West Air will not guarantee to arrange the passenger to travel but may help him/her depending on the situation, and expense arising thereof shall be borne by the person liable who causes the invalid reservation record.
Article 19 Ticketing time limits
The ticketing time limits mean the time limits specified or previously agreed by West Air, within which a passenger who has successfully booked a seat shall make the purchase, otherwise, the original seat will not be reserved.
Article 20 Personal information
The passenger acknowledges the personal information provided to West Air for the purpose of making a reservation and obtaining relevant carriage services. For these purposes, the passenger authorizes West Air to retain his/her personal information properly and confidentially, and transmit such information governmental authorities, relevant departments of West Air, other related carriers or the providers of such services. Passengers are responsible for producing real, accurate, complete and valid identity information and contact number as well as other required information according to provisions of West Air.
Article 21 Reservation priority
21.1 Passengers who involuntarily change their itineraries may enjoy reservation priority provided that seats are available on the flight.
21.2 Passengers holding tickets of which seats are unconfirmed on all or some segments have no right to request for priority when making reservations, or holding tickets of which seats have been confirmed on all or some segments also have no right to request for priority when requesting for changing the reservation.
Article 22 Arrangement of seats on the plane
West Air is only responsible for providing seats according to the flight and class of service that have been booked by passengers, and does not guarantee to provide any particular seat on the plane requested by the passengers.
Article 23 Change or cancellation of seats
The application of any change or cancellation of a reservation by a passenger shall be made within the time limit specified by West Air. Any change or cancellation of a reservation shall comply with the conditions imposed on the fare.
Article 24 Reconfirmation of seats
When a passenger holds a ticket of domestic segments of West Air and the ticket is bought out of China with a confirmed seat, the seat shall be reconfirmed according to provisions of West Air.
Chapter 6 Refusal and Limitation of Carriage
Article 25 Right to refuse carriage
For safety reasons and based on reasonable judgment, West Air has the right to refuse the carriage of any passenger if any the following occurs:
25.1 West Air is to comply with any applicable national laws, rules, governmental regulations or other normative documents.
25.2 The passenger is not fit for air travel due to his/her age, mental or physical state.
25.3 The passenger's behaviors affect the realization of other passengers' legitimate rights and cause an adverse impact on the security order on the plane, or present a hazard or risk to himself/herself, other people or property.
25.4 Any passenger fails to abide by applicable national laws, rules, governmental regulations or other normative documents, or West Air's regulations.
25.5 The passenger refuses security check.
25.6 The passenger has not paid the applicable fare, charges and (or) has not honored his/her credit arrangements with West Air and relevant carriers.
25.7 The passenger fails to produce his/her valid identity certificate.
25.8 The ticket presented by the passenger is illegally obtained or purchased from anywhere other than West Air or its sales agents, or has been reported lost or being stolen, or is a counterfeit, or the flight coupon has been modified by anyone other than West Air or its sales agents, or the flight coupon has been tampered after inspection.
25.9 The person who presents the ticket fails to prove that he/she is the person named in the "Name of Passenger" on the ticket.
Article 26 In the event of overbooking, West Air has the right to decide the arrangement of passengers and baggage on overbooking flight.
Article 27 Arrangements for passengers refused for carriage:
As for passengers refused for carriage, the carrier will act to the following provisions:
27.1 Passengers refused for carriage due to reasons described Article 25 (1) may apply for a refund according to the regulations of involuntary refund.
27.2 Passengers refused for carriage due to age, mental or physical state as described Article 25.2, may apply for a refund according to the regulations of involuntary refund.
27.3 Passengers refused for carriage due to reasons described Article 25.3, 25.4 and 25.5 may apply for a refund according to the regulations of voluntary refund.
27.4 Passengers refused for carriage for reasons described Article 25.6, may request carriage after the passenger pays the fare and taxes difference, or apply for a refund according to regulation of voluntary refund and get the paid fare.
27.5 Passengers refused for carriage due to reasons described Article 25.7, will be processed according to regulations of voluntary change of flight and date, or voluntary refund.
27.6 Passengers refused for carriage for reasons described in Article 25.8 and 25.9 may have their tickets confiscated by the carrier and their actions will be reported to the competent departments if necessary.
Article 28 Limitation of carriage
28.1 For the unaccompanied children, infants, person without self-care ability, pregnant women, patients and passengers needing special help during the trip due to their ages, physical or mental state and certain transportation conditions, their carriage may only be accepted when the regulations of West Air can be fulfilled. Besides, West Air shall approve the carriage and necessary arrangement shall be made in advance.
28.2 Number of passengers limited for carriage: For security reasons, West Air may limit the number of passengers limited for carriage on each flight. Each adult passenger only can take two children on the plane. The number limitation of unaccompanied child should be in lined with the limitation of passenger transportation number.
Chapter 7 Ticketing
Article 29 General rules
29.1 Passengers can purchase tickets at West Air’s or its authorized sales agents, or at ticket offices of airlines in Hainan Airlines Group, and can inquire and purchase tickets at West Air's official website (www.westair.cn) or contact the call center of West air 95373.
29.2 Passengers shall buy tickets with their valid IDs or other valid identification documents issued by a public security organ and fill the Passenger Reservation Form at the ticket office. A passenger shall provide authentic identity certificate, contact number, birth date of child or infant if there is any and other information as required by West Air when buying tickets from official website or call center of West Air. Passengers shall be liable for the authenticity and accuracy of foregoing certificate and information. The passenger shall ensure that the valid identity certificates used for purchasing the ticket is consistent with that used during check-in, otherwise the passenger will be responsible for all the losses arising thereof.
29.3 Passengers who are limited for carriage shall make an application to West Air or its authorized sales agents and produce related certificates as specified by West Air and can buy tickets only after being approved by West Air or related carriers.
Article 30 West Air or its authorized sales agents shall sell all kinds of tickets according to passenger's request.
Chapter 8 Flight Schedules, Cancellation and Change of Flights
Article 31 Flight schedules
31.1 West Air undertakes to use its best efforts to carry the passenger and his/her baggage in accordance with the published schedule in effect on the date of travel. However, the flight schedules, or schedules or aircraft types listed at other places are for reference only, which may change between the date of publication and the date passenger actually travel; they are not guaranteed by West Air and will not constitute part of the air carriage contract.
31.2 Except in the case of its acts or omissions done recklessly with intent to cause damage while knowing the damage may be caused, West Air shall not be liable for errors or omissions in timetables or other published schedules. West Air shall not be liable for any explanation made by employees, agents or representatives of West Air on time or date of departure or arrival or on the operation of any flight.
31.3 Before West Air accepts passenger's reservation for a ticket, West Air will notify the passenger of the flight timetable in effect as of that time, and it will be shown on ticket. After the issuance of tickets, West Air may change the scheduled flight time. If passenger provides West Air with contact information, West Air shall notify the passenger of any such changes. If the passengers cannot accept such changes in the flight schedule made by West Air after purchasing the ticket and West Air fails to arrange another alternative flight which is acceptable to the passenger, the passengers may apply for a refund in accordance with regulations of involuntary refund.
Article 32 Cancellation and change of flights
If any of the following circumstances occurs, West Air may, without notice in advance, change aircraft type or flight routes, cancel, suspend, postpone or defer any flight:
32.1 In order to comply with national laws, governmental regulations and orders.
32.2 In order to assure safe operation of a flight.
32.3 For other force majeure or unpredictable reasons.
32.4 For other reasons not related to West Air.
Article 33 The cancellation or delay of flight may lead to failure to provide passengers with reserved seats (including the classes), or failure to stop at the passenger’s destination, or missing connecting flight on which the passenger has a confirmed seat, West Air may help to take the following measures based on reasonable needs of passengers:
33.1 Arrange available seats on subsequent West Air flights for passengers.
33.2 Make endorsement after getting consent from passenger and the related carrier.
33.3 Make a change in the flight shown on the original ticket and arrange flights of Hainan Airlines or other carriers to carry the passenger to his/her destination.
33.4 Make a refund according to the regulations of involuntary refund.
33.5 Provide flight delay or cancellation certificate as requested by passenger(s).
Chapter 9 Change of Tickets
Article 34 Change of tickets
Change of tickets means to change the flight, date, class of service or itinerary listed on the ticket. Change of tickets includes involuntary change and voluntary change.
Article 35 Involuntary change
35.1 When the flight is canceled, advanced or delayed, or the voyage is changed, or the originally ordered seat is not available, West Air should give priority to passengers to take the subsequent flights or handle the situation in accordance with the provision of article 47 non-voluntary refund. Passengers’ class is changed because of West Air, the fare difference will be returned if the fare is lower, and will not be charged more if the fare is higher.
35.2 Unless there are other agreements, the requirements of non- voluntary change should be put forward before West Air can provide seats in first subsequent flight’s time of departure. If passengers propose non-voluntary change requests beyond the above specified time, the situation will be handled in accordance with the provisions of article 47 non-voluntary refund.
Article 36 Voluntary change means to change the flight, date, class of service or itinerary voluntarily by the passenger.
Article 37 Voluntary change of class of service
The passenger shall, after having purchased a ticket, pay the difference caused by changing from a lower class of service or fare to a higher one. If the passenger requests to change from a higher class or fare to a lower one, it shall be processed according to regulations of voluntary refund.
Article 38 Voluntary change of flight, date
If a passenger after having purchased a ticket requests a change in the flight and/or date, West Air and its authorized sales agents may process it according to West Air's current Regulations on Management of Multi-class Seat and regulations of related products provided that there are seats available on the flight and the time permits.
Article 39 Voluntary change of itinerary
If any passenger is voluntary to change the itinerary, make a refund according to rules of voluntary refund.
Chapter 10 Endorsement of Ticket
Article 40 Endorsement of ticket
Change the carrier's code listed on the ticket. Endorsement of ticket includes voluntary endorsement and involuntary endorsement.
Article 41 Involuntary endorsement
If situations like cancellation, delay, early departure of flight, change in itinerary, or failure to provide reserved seats happen, West Air shall arrange passengers first to take subsequent flights of West Air. Endorsement could be made after getting consent from passenger and the related carrier, unless otherwise specified by West Air.
Article 42 Voluntary Endorsement
42.1 General rules
The passenger may request a voluntary change in carrier, the carrier may endorse his/her ticket to new carrier provided that it is approved by the original carrier or its authorized agent and the new carrier allows and complies with all of the following conditions:
42.1.1 The fare used by the passenger has no endorsement restriction.
42.1.2 The booking class on the passenger's ticket has not been changed.
42.1.3 There is a mutual-selling relationship or tickets settlement relationship between the new carrier and the original carrier and the flight of the new carrier has corresponding class of service available.
42.2 If the fare of the new carrier is inconsistent with that of West Air, the difference caused will be refunded for any overpayment or supplemented for any deficiency by the passenger.
42.3 In the case that a passenger who doesn't meet the requirements described in 42.1 or 42.2 of this Article requests a change in carrier, West Air will deal with it in accordance with the regulations of voluntary refund.
42.4 Sales agencies of West Air are not allowed to make endorsement for passengers without special authorization.
Chapter 11 Refund
Article 43 General rules
43.1 On failure by West Air to provide carriage in accordance with the contract of carriage, or where a passenger requests a voluntary change in his/her travel schedule, a refund for an unused ticket or portion thereof shall be made by West Air in accordance with relevant regulations in this Chapter. Refund includes voluntary refund or involuntary refund.
43.2 Except in the case of lost tickets, passengers who have bought paper ticket may get refunds only by returning all unused flight coupons and passenger coupons attached to the ticket. Passengers who have bought electronic tickets can apply for refunds with their own valid identity certificates and hand back the printed itinerary for electronic ticket. Application for refund will only be accepted when electronic ticket's status is valid.
43.3 In case that an irregular flight happens at a place not listed on the ticket and the passenger requests a refund, the refund shall be applied for with the original boarding pass of the departure station, certificate of irregular flight and his/her valid identify certificate (the original of passenger coupon or its copy shall also be provided for paper ticket).
Article 44 Person receiving refunded fares
44.1 West Air shall be entitled to make a refund to the person named in the ticket.
44.2 If a ticket has been paid by a person other than the passenger named in the ticket, West Air shall make a refund to the payer or someone designated by the payer according to stated restrictions on refunds.
42.3 The passenger shall present his/her valid identity certificate to get a refund. In the cases when the person who receives refunded fares is not the passenger named on the ticket, valid identification certificates of both the passenger and the person receiving the refunded fare shall be produced.
42.4 West Air refunding the fare of unused segments on a valid ticket and the person receiving refunded fares meeting regulations in 44.1, 44.2 and 44.3 of this Article shall be deemed as a proper refund and discharge West Air from liability.
Article 45 Time limit for refund
Except the refund for paper tickets described in Article 12 of the Conditions, passengers shall make a refund request to West Air and complete the refund procedures within the validity period of ticket; otherwise, West Air has the right to refuse the refund application.
Article 46 Place of refund
46.1 In the case of involuntary refund, the refund can be processed at the original place of payment, ticket offices of West Air or West Air's authorized sales agents in the place where the cause of involuntary refund happens.
46.2 In the case of voluntary refund, the refund application shall be processed at the following places:
46.2.1 In the case of requesting a refund at the place of issuance, the refund application shall only be processed at the original ticket office where the ticket is purchased. Refunds of tickets sold from West Air's official website and its call center can also be processed at counters of West Air in addition to ticket office where the ticket is originally bought.
46.2.2 If a passenger requests a refund at the origin of the flight or breakpoint of travel other than the place of issuance, the refund application can be processed at the ticket office of West Air or sales agent specially authorized by West Air.
Article 47 Involuntary refund
47.1 Passengers may request an involuntary refund if the flight is cancelled, delays, and itinerary change or cannot provide the original seat. All the fares paid by the passengers shall be refunded when passengers request refunds at the origin of the flight. In case that passengers request refunds at a stopping place, the fares of unused segments will be refunded according to the class of service and seats that they have booked, which shall not exceed the original paid fares of the tickets. No refund fees are charged for involuntary refund.
47.2 In case that a passenger who holds an open ticket changed from a fixed ticket confirms the seat and requests a refund due to West Air's cancellation of the segment, the refund application shall be processed as “involuntary refund” and no refund fee will be charged.
47.3 In the case that passengers request refunds for illness, the passengers shall make the refund applications before the scheduled departure time, return seats and provide medical diagnosis certificates issued by medical unit above county level (included). No refund fees will be charged. If any passenger accompanying the sick passenger requests a refund, the refund shall be processed together with the sick passenger’s refund application. No refund fee will be charge.
Article 48 Voluntary refund
48.1 Voluntary refund applied by a passenger shall be processed in accordance with West Air's current Regulations on Management of Multi-class Seat and regulations of related products.
48.2 Unless otherwise specified, no refund fee is charged for passengers holding open tickets and request refunds. In case that a passenger who holds an open ticket changed from a fixed ticket requests a refund, refund fee shall be charged according to refund regulation corresponding to booking class and seat listed on the ticket. In case that a passenger who holds an open ticket changed from a fixed ticket confirms the seat and requests a refund due to West Air's cancellation of the segment, the refund application shall be processed as “involuntary refund” and no refund fee will be charged.
48.3 No refund fee is charged for voluntary refunds for tickets purchased by disabled or wounded veterans or policeman who is disabled while on duty, at 50% of the applicable full adult fare.
48.4 No refund fee is charged for voluntary refund of infant tickets.
48.5 If a passenger voluntarily terminates his/her trip at a stopping place of the flight, a refund on the fare of the unused flight segments will not be allowed.
Chapter 12 Group Passengers
Article 49 Calculation of number of people
Unless otherwise specified, group passengers mean a group of persons consisting 10 (ten) or more people having the same itinerary, boarding dates, flight and class of service and paying the same group fare. Passengers who buy infant or child ticket, or other tickets in special fare shall not be included in the number of the group passengers.
Article 50 Voluntary change
In case that group passengers request to change the flight, date, class of service or itinerary voluntarily after purchasing tickets, such request shall be processed according to West Air's current rules of group passengers.
Article 51 Place of refund
51.1 Voluntary refunds for group passengers can only be processed at the original ticket office where the tickets are bought.
51.2 In the case of involuntary refunds applied by group passengers, the refunds can be processed at original place of payment, ticket offices of West Air or West Air's authorized sales agencies in the place where the cause of involuntary refund happens.
Article 52 Involuntary change
The involuntary change of group passengers shall be processed according to West Air's current regulations.
Article 53 Involuntary refund
53.1 No refund fees are charged for involuntary refund of all or part of group passengers. All the fares paid by the passengers shall be refunded when passengers request refunds at the origin of the flight. In case that passengers request refunds at a stopping place, the fares of unused segments will be refunded according to the class of service and seats that they have booked, which shall not exceed the original paid fares of the tickets.
53.2 In the case that group passengers request refunds for illness, unless otherwise specified, the passengers shall make the refund applications before the deadline of check-in, return seats and provide medical diagnosis certificates issued by medical unit above county level (included). No refund fees will be charged. If any passenger accompanying the sick passenger requests a refund, the refund shall be processed together with the sick passenger’s refund application. No refund fee will be charge.
Article 54 Voluntary refund
In case that group passengers request refunds voluntarily, West Air will charge refund fees according to current refund rules of group passengers based on the time of returning seats shown on the booking terminal.
Article 55 No show for group passengers
In case that group passengers miss the flight, the tickets become invalid and nonrefundable and only taxes can be refunded.
Chapter 13 Overbooking
Article 56 According to the common practice of international aviation industry and to meet the travel needs of more passengers and minimize empty seats, West Air may overbook for some flights based on market information and data analysis of revenue management system.
Article 57 Principles for handling overbooking
57.1 West Air shall notify the passengers in an appropriate way, of the meaning of overbooking and rights enjoyed by overbooked passengers.
57.2 In the event of overbooking, West Air first will look for a passenger who’s voluntarily willing to give up the seat, and give passenger appropriate compensation.
57.3 If there are not enough passengers who volunteer to give up seat, West Air will deny the boarding of some passengers according to priority boarding rules ascertained by West Air.
57.4 West Air will provide related service and make appropriate compensation to passengers who are denied for boarding.
57.5 Ticket endorsement standard
57.5.1 In the event of overbooking, West Air will endorse or buy the ticket to the earliest sequent flight with available seat for passenger for free
57.5.2 West Air shall bear the cost for the endorsement or purchase cost for flight of other airline, limited to economy class.
57.5.3 Ticket will be handled according to involuntarily refund standard if passengers choose to refund.
57.6 Financial compensation and accommodation standard
57.6.1 Financial compensation standard
184.108.40.206 Passenger’s ticker fare (excluding fuel surcharges, civil aviation development fund and other taxes and fees) excess 200 Yuan (inclusive), as per endorsed flight take-off time, compensation is made as following:
220.127.116.11.1 Passenger endorsed to the same flight date sequent flight and the take-off time is within 4 hours (inclusive) later than original flight scheduled take-off time and will get compensation of 200 Yuan in cash.
18.104.22.168.2 Passenger endorsed to the next flight date sequent flight and the take-off time is with 4 hours (inclusive) later than original flight scheduled take-off time and will get compensation of 300 Yuan in cash.
22.214.171.124.3 Passenger endorsed to the same flight date sequent flight and the take-off time is 4 hours (exclusive) later than original flight scheduled take-off time and will get compensation of 300 Yuan in cash.
126.96.36.199.4 Passenger endorsed to the next flight date sequent flight and the take-off time is 4 hours (exclusive) later than original flight scheduled take-off time and will get compensation of 400 Yuan in cash.
188.8.131.52 Passenger’s ticker fare (excluding fuel surcharges, civil aviation development fund and other taxes and fees) less than 200 Yuan (exclusive) will be compensated 200 yuan in cash without consideration of endorsed flight time.
184.108.40.206 If the passenger choose to refund, handled as involuntarily refund and compensate 200 yuan in cash.
220.127.116.11 Staff and staff family ticket and free ticket of institutional clients, free ticket of agent shall obtain no compensation.
57.6.2 Accommodation standard
18.104.22.168 When meal time during the waiting of the sequent flight, West Air shall provide passenger with free meal and water.
22.214.171.124 Passenger wait in or out restricted area and the sequent flight is within 3 (inclusive) hours, West Air shall assist passengers to handle recheck-in and boarding procedure.
126.96.36.199 West Air shall provide free hotel break, free transport between airport and hotel, free catering and assist to handle recheck-in and boarding procedure for passenger whose sequent flight is 4 hours (inclusive) later than original flight take-off time.
Chapter 14 Code Share Flight
Article 58 West Air or its sales agents shall notify passengers of actual carrier of code share flight when they purchasing tickets.
Article 59 Sales carrier processes the endorsement, change and refund of passengers’ tickets, check-in, boarding and other formalities according to the content of code share agreement with the actual carrier.
Chapter 15 Check-in and Boarding
Article 60 General rules
60.1 Check-in and boarding
60.1.1 Passengers shall arrive at the airport within the time limit specified by West Air and go through formalities of verifying tickets, checking baggage and obtaining the boarding pass with their identity certificates and tickets on time.
60.1.2 Generally, West Air begins to check in no later than 90 minutes prior to the scheduled flight departure time specified on the ticket, and unless otherwise specified by the authorities of operating airport or West Air, the deadline for check-in is 30 minutes prior to the scheduled flight departure time.
60.1.3 West Air and its ground services agents shall open check-in counters on time to accept tickets presented by passengers according to regulations and process check-in formalities rapidly and correctly.
60.1.4 Passengers can check in at airport counters where check-in is accepted or through CUSS (Common Use Self Service) machine.
60.1.5 In the event that a passenger holds a ticket with seats unconfirmed, the department for check-in may not allow him/her to check in.
Passengers shall arrive at the boarding gate on time after check-in and security check. If any passenger fails to arrived at the designated boarding gate before the closing of the aircraft door, the loss and damage arising thereof shall be borne by the passenger.
Article 61 Before boarding, passengers, their baggage and carry-on items must go through security check.
Article 62 Missing a flight
62.1 For a passenger who misses a flight due to his/her own action, the ticket will be handled in accordance with the rules of voluntary refund.
62.2 For passengers who miss a flight due to the actions of West Air, West Air will arrange the passengers to travel on the earliest subsequent flight. If a passenger requests a refund, it will be processed according to the rules of involuntary refund.
Article 63 Wrong Boarding
If a passenger boards a wrong flight, West Air will arrange such passenger to travel on the subsequent flight to the destination specified on the ticket as soon as possible with no overcharge to be returned or deficiency to be charged. If wrong boarding happens due to reasons of the passenger and the passenger requests to stop traveling at the destination of the flight boarded, no extra fee shall be charged and no fee shall be refunded. If wrong boarding happens due reasons of West Air and the passenger requests a refund, it shall be dealt with according to rules of involuntary refund.
Article 64 Flight termination after closing of the aircraft door
64.1 When the flight is normal and a passenger requests to terminate the trip voluntarily after the closing of the aircraft door at the origin of the flight, it shall be dealt with West Air's current rules of voluntary change and refund after scheduled departure time and corresponding fees will be charged. If a passenger requests to terminate the trip voluntarily at a stopping place, his ticket is invalid and change or refund is not to be accepted by West Air.
64.2 When the flight is irregular, West Air will refund, endorse and change tickets for passengers free of charge whether they terminate the trip voluntarily or passively (special products shall be subject to special rules of refund, change and endorsement agreed in advance).
Chapter 16 Transportation of Baggage
Section 1 General Rules
Article 65 Baggage carried by West Air is limited to items defined as baggage as specified in Article 1.41 of the Conditions herein. Baggage carried by West Air is divided into checked baggage and unchecked baggage. Unchecked baggage includes self-care baggage and carry-on items.
Article 66 Forbidden Goods
The following items are forbidden from carrying as baggage or being packed in the checked baggage. They also are not allowed to be carried into the cabin as self-care baggage and carried-on items.
66.1 Security equipments, such as attaché case, cash box and cash bags with dangerous items like lithium battery and/or pyrotechnic substance.
66.2 Disabling devices and devices with pungent odor such as mace，pepper spray.
66.3 Personal medical liquid oxygen devices.
66.4 Electric shock weapons containing explosive items，compressed gases，lithium batteries and other dangerous items.
66.5 Guns, simulative cap pistols, gun-type Zippos, and all attacking weapons except for the guns for sports.
66.6 Armament or police weapons, controlled knives.
66.7 Live animals, except for small animals, guide dogs and hearing dogs as stipulated in the Conditions.
66.8 Other items prohibited from transportation by Chinese government.
Article 67 Goods Acceptable with Operator Approval, as Checked Baggage Only
The following goods can be carried as checked baggage with West Air approval.
67.1 Ammunition. Securely packaged ammunition (cartridges for weapons，small arms) in Division 1.4S (UN 0012 or UN 0014 only) ，in quantities not exceeding 5 kg (11 lb) gross weight per person for that person＇s own use，excluding ammunition with explosive or incendiary projectiles．
67.2 Wheelchair／mobility aid with non-spill able wet batteries which comply with special provision A123.
67.3 Wheelchair／mobility aid with spill able batteries.
67.4 Wheelchair／mobility aid with lithium cell.
67.5 Camping stoves and fuel containers with flammable liquid.
67.6 Dangerous items like attaché case, cash box, and cash bage with dangerous devices, and security device with lithium cell and pyrotechnic substance.
Article 68 Goods Acceptable with Operator Approval, as Unchecked Baggage Only
The following items cannot be carried as or be packed in unchecked baggage, and they only can be carried as unchecked baggage and be kept by passengers themselves. West Air will only take the liability of loss of average checked baggage, when the following items were lost if they were packed in checked baggage.
68.1 With West Air’s approval, only one mercury barometer or thermometer can be carried by representativeness from government meteorological bureau or similar agencies in solid outer packing.
68.2 With West Air’s approval, less than two standby batteries with the rating from 100WH to 120WH can be carried, and they should be packed respectively.
68.3 Important documents and files.
68.4 Include but are not limited to currency, bill of exchange and other valuable securities, antiques, calligraphy and painting.
68.5 Fragile, damageable and cauterant items.
68.6 Travel documents.
68.7 Other items which need special care.
Article 69 Items that can be carried as baggage with West Air’s approval
Strict quantity and package limits are put on following items which only can be carried when they meet West Air transportation requirements.
69.1 Gaseous oxygen or air cylinders for medical use．Each cylinder should weighs less than 5 kg.
69.2 Containing carbon dioxide or other suitable gas in Division 2.2.Up to two (2) small cartridges fitted into a self-inflating safety device .Not more than one (1) device per passenger，and up to two (2) spare small cartridges per passenger，not more than four (4) cartridges up to 50 ml water capacity for other devices.
69.3 Every passenger can take one avalanche rescue backpack with hidden dangerous article on the plane. The avalanche rescue backpack may be equipped with a pyrotechnic trigger mechanism containing not more than 200 mg net of explosive in Division 1.4S.
69.4 Chemical Agent Monitoring Equipment.
69.5 Each passenger can take carbon dioxide，solid(dry ice) in quantities not exceeding 2.5 kg.
69.6 Heat producing articles．Battery-powered equipment capable of generating extreme heat，which would cause a fire if activated，e．g．underwater high-intensity lamps．
69.7 Light weight electronic medical device. Light weight electronic medical device with lithium metal or lithium ion battery core.
69.8 Precise instruments, electric appliances, etc. shall be checked as goods, if transported as checked baggage, they shall meet West Air’s requirement, be properly packed, and weight of such goods shall not be included in free baggage allowance. The freight of such goods is charged as excess baggage.
69.9 Sports equipment, including sports guns and ammunitions may be transported as checked baggage with the guns carriage license or the approval issued by the state physical cultural administrative departments. Guns must be unloaded with the safety catch on, and suitably packed.
69.10 Small animals, guide dogs, hearing dogs and other working dogs.
69.11 Diplomatic pouches and confidential documents.
69.12 Sharp tools and blunts other than controlled knives, like kitchen knives, fruit knives, table knives, art ware knives, scalpels, scissors, sickles; knives, swords and spears for shows; knives and swords as antiques or souvenirs; steel files, axes, short staffs, hammers etc., shall be included in checked baggage for transportation instead of being carried with the passengers themselves.
Section 2 Restrictions on baggage packaging, size and weight
Article 70 Checked baggages
70.1 All checked baggage shall be properly packaged, locked, firmly tied, capable of withstanding a certain amount of stress, able to be loaded, unloaded and transported safely under normal conditions, and must meet the following requirements:
70.1.1 Suitcases, bags, handbags and etc. shall be safely locked.
70.1.2 Over two pieces shall not be tied together as one piece.
70.1.3 Other items shall not be attached to the baggage.
70.1.4 Baskets, net bags, ropes, and straw bags shall not be used to wrap baggage.
70.1.5 Saw dust, chaff, grass clippings are not allowed to be used as backing inside the packing. Name, detailed address and phone number shall be written on the baggage.
70.2 For each checked baggage, the maximum weight shall not exceed 50 kilograms and the maximum dimensions shall not exceed 40 x 60 x 100 centimeters in size. Items exceeding these allowances may be checked only after being approved by West Air.
Article 71 Unchecked Baggage (Including self-care baggage and carry-on items)
Every passenger can take one unchecked baggage weighting less than 5 kilos in the cabin. The bulk of the baggage should be within 20×30×40cm, otherwise, the baggage should be transported as checked baggage.
Section 3 Free baggage allowance and excess baggage charges
Article 72 Free baggage allowance
72.1 The unchecked baggage which is in line with article 71 can get free allowance.
72.2 The free baggage allowance for a ticket in Cabin Y/B/H/K/L/M/R/Q is 10kgs. There is no free baggage allowance for other discounted ticket or product except the ticket price above.
72.3 There is no free baggage allowance for infant ticket.
72.4Where involuntary class changes are made, a passenger shall be entitled to the free baggage allowance applicable to the seat class of the ticket originally purchased.
72.5 For domestic segments that constitute part of an international itinerary, passengers shall be entitled to the free baggage allowance applicable to the international route.
72. 6 For domestic segments that constitute non-international interline itinerary: if the domestic and international flights are both carried by West Air, however the tickets are issued separately and not under the same carriage contract and the connecting time at domestic transit place is within 24 hours, the free baggage allowance for domestic segments shall be calculated according to standard transportation regulations of international segments; if the international flight is not carried by West Air and the tickets are issued separately not under the same carriage contract, the free baggage allowance for domestic segments shall be calculated according to the allowance specified on the ticket.
72. 7 Assistive device (e.g. foldable wheelchair, cane, artificial limb, etc.) that must to be carried by disable passengers may be carried free of charge within specified allowance according to the number of seats that are bought by the passenger.
Article 73 Excess baggage charge
73.1 When the total weight of checked baggage and self-care baggage exceeds the free baggage allowance, the exceeded portion is excess baggage and the excess baggage fee will be charged.
73.2 An excess baggage ticket will be issued to the passenger in the case that excess baggage is charged.
73.3 The excess baggage fee per kilogram is 1.5% of the full economy class ticket price on the date that the excess baggage ticket is issued, priced in cents of RMB. The total charge will be priced in RMB and rounded to the nearest whole Yuan.
Section 4 Declaration of Baggage Value
74.1 A passenger may declare a value for checked baggage for luggage valued in excess of RMB 100 per kilogram.
74.2 The declared value may not exceed the actual value of the baggage. The maximum declared value of baggage for each passenger is RMB 8000 Yuan. West Air has the right to refuse the acceptance and carriage of the baggage if West Air disagrees with the declared value and the passenger refuses to have the baggage checked.
74.3 West Air will collect a surcharge for the declared value of baggage of 5‰ of the amount in excess of the limitation provided in Article 74.1 with the baggage declared value. Such surcharge will be priced in RMB and rounded to the nearest whole Yuan.
74.4 The baggage declared value will not be counted into free baggage allowance.
74.5 West Air only accepts checked baggage in a whole pack for value declaration. Any single item in the baggage is not accepted for value declaration.
74.6 West Air will not accept the baggage declared value with regard to unchecked baggage (including self-care and free carry-on item).
Section 5 Collection of baggage
Article 75 Refusal of carriage
75.1 In the case that passengers’ checked baggage and unchecked baggage (self-care baggage and free carry-on items) belongs to or include items unacceptable as baggage, West Air has the right to refuse to carry the baggage.
75.2 In the case that passengers’ checked baggage belongs to or includes items unacceptable as checked baggage, West Air has the right to refuse to accept the baggage as checked baggage.
75.3 In the case that a passenger carries an item restricted for carriage and fails to or refuses to obey the restrictions on carriage of West Air, West Air has the right to refuse the carriage of this item.
75.4 In the case that the form, packaging, size, weight or character of passengers’ checked baggage or unchecked baggage (self-care baggage and free carry-on items) fails to satisfy West Air’s conditions of carriage but passengers cannot or refuse to improve it, West Air has the right to refuse to carry the baggage.
Article 76 Right of inspection
For transportation safety, West Air has the right to inspect passengers’ baggage. If necessary, West Air can also inspect passengers’ baggage with the airport security without the presence of passengers. West Air has the right to refuse to carry the baggage if the passenger refuses to have his/her baggage checked.
Article 77 Requirements of collection
77.1 Passengers shall have their baggage checked with valid tickets. West Air shall fill in the pieces and weight of the checked baggage in the ticket and baggage check, or fill in the pieces of checked baggage in the baggage identification.
77.2 West Air will only collect baggage during check-in on the date of flight departure.
77.3 West Air shall attach a baggage tag to each piece of passenger’s checked baggage and offer the baggage identification thereof to the passenger. The self-care baggage agreed by West Air can be taken along with the passenger after weighed along with checked baggage.
77.4 In the case that there is carriage liability dispute on the baggage checked by passengers, West Air shall make an explanation to the passenger and attach a limited release tag after getting the consent of the passenger to release West Air from the corresponding transport liability.
Article 78 Transport of baggage
78.1 Passengers’ checked baggage shall be carried on the same aircraft as the passengers unless West Air decides that this is impracticable under certain circumstances, in which case West Air shall inform passengers and prioritize the checked baggage to be carried on subsequent flights on which space is available.
78.2 Passengers’ excess baggage will be carried on the same aircraft as the passengers when space is available. In the case that the space on the flight is not available and passengers refuse to carry their baggage on subsequent flights, West Air has the right to refuse to transport the excess baggage.
Article 79 Little animals
79.1 Little animals refer to domesticated little dogs and cats. Except little dogs and cats, other pets, wild animals, animals with an unusual appearance or that may easily to hurt people (such as snakes, wolfhound) are not little animals and shall be transported as cargo instead of as baggage.
79.2 Passengers shall make an application for transporting little animals at least 48 hours before the boarding day (not included) to West Air or West Air’s specially authorized ticket offices and provide an Animal Quarantine Conformity Certificate issued by animal quarantine authorities. The little animals can only be transported after getting approval of West Air. The passenger shall also get the approval of West Air for interline transportation.
79.3 Passengers who wish to transport little animals shall arrive at the airport 2 hours before the scheduled departure time and check in at West Air's counters with the little animal, pet case, Application for Transporting Little Animals and other certificates on the boarding day.
79.4 Kennels for holding small animals and the packing shall be in conformity with related regulations on transporting little animals specified by West Air. If passengers cannot or do not want to improve the kennel and packing according to West Air's regulations, West Air has the right to refuse the carriage.
79.5 After the judgment of West Air, West Air has the right to refuse the carriage due to that the age of the little animal, physical condition, transport documents, limitations of flight type and national policies and regulations fail to confirm with regulations on transporting little animal of West Air.
79.6 Kennels for holding little animals shall meet the following requirements:
79.6.1 Prevent the little animals from breaking the kennel, escaping, hurting and damaging people, baggage, cargo or aircraft by extending part of its body through an opening.
79.6.2 Ensure that the little animals can stand and move freely and the kennel has good ventilation to eliminate the possibility of suffocation.
79.6.3 Prevent the feces from leaking or spilling to contaminate the aircraft, equipment on the aircraft and other subjects.
79.6.4 Little animals carried by passengers must be transported in the cargo hold.
79.6.5 A little animal, together with its kennel and food will not be included in free baggage allowance and shall be charged alone as excess baggage.
79.6.6 Declaration value is not applicable to the transportation of little animals.
79.6.7 West Air shall not be liable for sickness, injury or death of such animal during the trip unless it is due to West Air’s reasons.
79.6.8 Guide dogs and hearing dogs shall be transported according to this Article. Passengers with sight and hearing disabilities may transport their guide and hearing dogs in the cabin provided that West Air’ carriage conditions are satisfied. Guide dogs and hearing dogs together with their kennels and food may be transported free of charge and their weight shall not be included in the free baggage allowance.
Article 80 Diplomatic pouch
80.1 Diplomatic pouches shall be kept by the diplomatic courier in his custody. Upon request of the diplomatic courier, West Air may handle diplomatic pouches as checked baggage, but will only be liable to the extent of common checked baggage.
80.2 Diplomatic pouches and baggage carried by diplomatic couriers may be calculated by weight or piece, and any excess over the free baggage allowance shall be charged in accordance with the provisions for excess baggage.
80.3 In the case that the diplomatic pouches need to occupy one or more seats, the passenger shall notify the West Air and get its permission to transport these diplomatic pouches.
80.4 Diplomatic pouches in each seat shall not exceed 75 kilograms in total weight and 40 × 60 × 100cm in total size. The fare of seat diplomatic pouch is sold according to sales and there is no free baggage allowance for diplomatic pouches that occupy one or more seats.
Article 81 Illegal baggage
If there is any prohibited, restricted or dangerous articles prescribed by the Chinese government is packed in the passenger’s checked baggage and unchecked baggage (self-care baggage and free carry-on baggage), the whole baggage will be deemed as an illegal baggage. West Air will deal with such illegal baggage in the following ways:
81.1 West Air will refuse to carry illegal baggage upon discovery at the place of departure, or has the right to cancel the transport of illegal baggage or continue to travel after removing the illegally packed items if the illegal baggage has been already carried. Any excess baggage fee charged will not be refunded.
81.2 If any illegal baggage is found at a stopping place, West Air shall stop it immediately and the excess baggage fee charged will not be refunded.
81.3 The prohibited, restricted or dangerous items specified by the Chinese government that are illegally packed in a baggage shall be handed over to the relevant authorities.
Article 82 Return of baggage
82.1 If a passenger requests the return of their baggage at the departure airport, such request shall be proposed before the baggage is loaded on the flight. Passengers who refund their flight tickets must have their checked baggage returned as well. Any excess baggage charge collected under these circumstances will be refunded.
82.2 If a passenger requests for return of baggage at a stopping place, such request may be accepted unless time does not permit. In this case, the charges paid for excess baggage during unused segments will not be refunded.
82.3 In the case of return of baggage with value declared, a surcharge paid for the baggage declared value will be refunded if the return of baggage is made at the place of departure, but will not be refunded if the return of baggage is made at a stopping place.
82.4 If a passenger is arranged to switch to other flights due to West Air’s reasons, carriage of his/her baggage shall be adjusted accordingly. Overcharge for the charges of excess baggage will be returned but the deficiency will not be supplemented by the passenger. Surcharges paid for declared value will not be refunded. If a passenger is arranged to switch to other carrier's flight, the baggage shall be returned, and the excess baggage charge collected and surcharges paid for declared value shall be refunded.
Section 6 Baggage delivery
Article 83 Baggage delivery
83.1 A passenger shall claim his/her baggage by producing the baggage identification immediately upon arrival. The ticket shall be presented and checked if necessary.
83.2 If a passenger fails to claim his/her baggage timely, West Air will charge the passenger for baggage custody fees from the date after the baggage arrival. West Air has the right to dispose the perishables in passengers’ baggage 24 hours after the baggage arrival.
83.3 West Air will deliver baggage according to the baggage identification and shall not be liable for whether the person claiming the baggage is the passenger him/herself, or for any loss or expense produced.
83.4 In the case of delay of baggage, West Air shall immediately notify the passenger for collection or directly deliver it to the passenger upon arrival. No baggage custody fee is charged for delayed baggage.
83.5 If no discrepancy in writing is raised by the passenger when claiming the baggage, the baggage shall be considered to have been delivered in good condition according to the contract of carriage.
83.6 The passenger who has lost his/her baggage tag shall immediately report to West Air. The passenger shall provide enough evidence showing his/her identity and issue a receipt when claiming baggage. West Air shall not be liable for any baggage losses resulting from baggage being claimed before the passenger reports the loss of the baggage tag.
Article 84 Undelivered baggages
Baggage remaining unclaimed for more than 90 days after the day of arrival shall be deemed that the passenger has abandoned it and West Air can process it as abandoned object.
Article 85 Processing of abnormal carriage of baggage
85.1 In the event of delay, loss or damage in the carriage of baggage, West Air and other ground service agents shall fill up the Accident Record of Baggage Carriage or Accident Record of Damaged Baggage together with the passenger, check out the situation and find out the reasons as soon as possible, and report the investigation results to passenger and departments concerned. Any claim for baggage compensation can be proposed at the place of departure, stopping places or the place of destination.
85.2 Due to west air reason, the check-in luggage and the passenger do not arrive at the airport by the same flight, which causes inconvenience to passengers, and under this circumstance, west air, according to the actual situation, will give passengers compensation for commodities during the waiting of luggage.Compensation amount: amount: according to the standard of living of destination and the identity of passenger, the compensation shall be paid to passenger one-time by luggage inquiry unit(agent of luggage inquiry unit). Under usual situation, the compensation for passenger of economy class is 100yuan/day, no more than two nights.
Article 86 Claims of carriage accidents of baggage
86.1 If a passenger finds that his/her baggage has been destroyed, lost or damaged when claiming the baggage, the passenger shall raise a discrepancy in writing on site and get the Accident Record of Baggage Carriage as the prima facie evidence for claims. If no discrepancy in writing is raised by the passenger when claiming the baggage, the baggage shall be considered to have been delivered in good condition according to the contract of carriage.
86.2 If the checked baggage is confirmed to have been destroyed, lost or damaged, the passenger shall make a claim within seven days from the date of getting the Accident Record of Baggage Carriage. If the passenger raises no objection when claiming the baggage but discover the checked baggage is damaged due to West Air reasons later, the passenger shall raise a discrepancy immediately to West Air with solid evidence within seven days from the collection of the baggage. In the case of unchecked baggage delay, a discrepancy or claims shall be raised within 21 (twenty-one) days from the date on which the baggage arrives at the airport. No discrepancy or claims raised by passengers beyond the time limit shall be deemed that passengers have given up the claims for delay loss or no loss caused by delays.
86.3 The ticket (or copy), baggage identification of the baggage tag, Accident Record of Baggage Carriage, evidence that proving items and prices in the baggage and other related certificates shall be attached when raising an objection or a claim.
Chapter 17 Passenger Services
Section 1 Common Services
Article 87 Guided by the principle of ensuring flight safety and normal flights and providing good service, West Air shall complete various work to transport passengers in the air and on the ground carefully with civilized, polite, enthusiastic and thoughtful service.
Article 88 Any costs for on-the-ground food and beverage and accommodations incurred at the connecting places of a interline flight shall be borne by passengers.
Article 89 In case that acute disease, delivery or distress happens in the course of air travel, West Air shall take measures actively and spare no efforts to rescue and help them.
Article 90 Based on self-support and service conditions, West Air can provide passengers with special or additional paid service after reaching an agreement with the passengers.
Section 2 Service in Flight Irregularities
Article 91 Service Standard for Abnormal Flight
91.1 Flight cancelation or delay at the origin of the flight caused by West Air aircraft maintenance, aircraft allocation, flight crew and other airline reasons, West Air will provide standard room accommodation with bathroom facilities or catering services according to the requirements of the passengers.
91.2 When flights are delayed or canceled at the departure airport due to weather, air traffic control, military activity, public security, order of airport zone, airport facilities, security inspection, joint inspection, oil support, airport departure system, passengers or other reasons not related to West Air, West Air shall assist passengers to arrange food and accommodations at the passengers’ own expense.
91.3 Flight delay or cancelation at the stopping place, in spite of all reasons, West Air should provide accommodation and catering service to passengers as stipulated. When flight landing at alternate airport, in spite of all reasons, West Air should provide accommodation and catering service to passengers as stipulated.
91.4 In the event of on board delay, the flight crew shall update latest flight status to passengers every 30 minutes. If the delay is more than 2 hours (inclusive), meal and water service should be free arranged for the passengers. If the delay is more than 3 hours (inclusive) and without clear departure time, West Air should arrange the passengers to leave the aircraft on condition of no violating the aviation safety and security regulations. West Air will arrange or assist to arrange passengers according to West Air Service Standard for Domestic Abnormal Flight.
Article 92 When flights are delayed or canceled, West Air and its authorized ground service agents shall make an explanation carefully and promptly inform passengers of the flight delay or cancellation.
Article 93 West Air and other security units should cooperate with each other, be serious and responsible, jointly keep the flight in order and avoid unnecessary flight delays. Regardless of any reasons for flight delay or cancellation, West Air does not provide economic compensation.
Chapter 18 Conduct on Aircraft
Article 94 If a passenger conducts a behavior that endangering the safety of aircraft or any person or property on the aircraft, obstructs the crew’s normal work, fails to comply with any crew instruction, behaves in a manner to which other passengers reasonably object, West Air may take necessary measures to stop such conduct, including restraint of the passenger.
Article 95 For safety reasons, passengers are not permitted to turn on and operate portable electronic equipments that are not related to normal flying of the aircraft and actively transmit radio signals. The devices include mobile phones, walkie-talkies, remote-controlled toys and other remote-controlled electronic equipment, transmitters (amateur station, city bands, fax machine, telephone), TV sets, AM/FM radios, bidirectional beeper and other radio transmitting device convinced by other authorities and the company that they will interfere with the safety operation of flights. The following devices are allowed to use on board including portable recorders, hearing aids, pacemakers and other implant medical devices, electronic watches, electric shavers, acceptable life support device for personal use, equipments installed by the company (for instance, telephone/audio-visual equipments) and other portable device convinced by the company that they will not interfere with the flying and communication system.
Article 96 All West Air flights are non-smoking flights. Smoking is prohibited in all areas of West Air's aircrafts.
Article 97 Except for the alcoholic drinks provided by West Air, passengers shall not have any other alcoholic drinks on the aircraft.
Article 98 The passengers shall fasten their seat belts as required when sitting on the aircraft.
Chapter 19 Administrative Formalities
Article 99 The passenger shall comply with the laws, regulations, orders, demands, travel requirements of the People’s Republic of China, and submit to the security check conducted by the government or airport authority and West Air.
Article 100 Passengers shall produce valid travel documents as required by the country’s laws, regulations, orders, demands or travel requirements. West Air reserves the right to refuse carriage if a passenger fails to comply with the country's laws, regulations, orders or travel requirements or the passenger’s travel documents do not meet the requirements.
Article 101 Passengers shall be on the spot when the competent governmental department inspects the checked baggage or unchecked baggage of such passengers. West Air is not liable for any loss arising from an inspection if passengers fail to present.
Chapter 20 Successive Carriers
Article 102 The successive tickets issued under the form of a single ticket or a single ticket but with successive ticket shared by several successive carriers shall be deemed as an undivided trip.
Chapter 21 Liabilities for Loss and Limits of Compensation
Article 103 Liabilities for loss
Personal injuries or baggage loss due to events happen between airports, airports and downtowns, or in the same city, the third carrier that actually provides the service shall be reliable for such injuries or loss.
The compensation made by West Air due to the implementation of air transport contract shall neither exceed the possible loss for the breach of contract predicted by West Air when entering into the air transport contract, nor exceed the amount of direct loss proved by the passenger.
West Air shall not be liable for any indirect or consequential financial loss.
Article 104 Death or personal injury of passengers
104.1 West Air shall be liable for the death or personal injury of passenger arising from accidents that occur on the aircraft or while embarking or disembarking, excluding those due to passengers’ health reasons or deliberate or grievous fault reasons.
104.2 The liability of West Air for each passenger is limited to the sum of RMB 400,000.
Article 105 Baggage loss
105.1 West Air shall be liable for the destruction, loss, or damage of passengers’ carry-on items arising from incidents that occur on the aircraft or while embarking or disembarking for West Air reason.
105.2 West Air shall be liable for the destruction, loss, or damage of passengers’ checked baggage arising from incidents that occur during air transport. West Air shall not be liable for the destruction, loss, or damage of passenger’s baggage caused solely by inherent nature, quality or defects of the baggage.
105.3 For baggage that is lost, destroyed or damaged, West Air shall compensate or pay the repair costs in accordance with the adjusted value of the baggage.
Compensation for the loss of checked baggage shall not exceed RMB 100 per kilogram. Compensation for the loss of checked baggage shall be made according to the actual value when the baggage is lower than the value of RMB 100 per kilogram. Compensation for the loss of self-care baggage and free carry-on items shall not exceed RMB 3,000 per passenger. Compensation shall be made according to actual value in cases where the baggage value is less than this stated limit.
West Air shall compensate passengers according to the declared value of the lost or damaged luggage in cases where value has been declared. But if the baggage declared value is higher than the actual value of the baggage, West Air will be liable for the damages to the extent of such actual value.
105.4 The weight of passengers’ baggage or any item in the baggage shall be subject to the actual weight of damaged baggage or item. If the weight of the damaged baggage or item cannot be determined, compensation shall be subject to the maximum limit of the free baggage allowance for each passenger.
105.5 In the event that a passenger’s baggage causes damage to other people, other people’s baggage or West Air’s properties, the passenger shall indemnify West Air for all losses and expenses thereof.
105.6 If items (restricted for carriage) packed in the passenger's checked baggage is lost or damaged, West Air will be liable for damages in accordance with normal checked baggage.
105.7 In the interline carriage, West Air will only be liable for the baggage loss occurred on the segments that are actually carried by West Air.
105.8 West Air will promptly notify a passenger after finding the lost baggage which has been indemnified. The passenger may retrieve his/her baggage and return the compensation made by West Air, excluding the compensation for temporary articles for daily use.
Article 106 Flight delays
106.1 West Air shall undertake the compensation liability for delays of passengers or passengers’ baggage due to West Air reasons.
106.2 If the delays of passengers or passengers’ baggage are caused by weather, air traffic control, military activity, public security, order of airport zone, airport facilities, security inspection, joint inspection, oil support, airport departure system, passengers or other reasons not related to West Air, West Air shall not undertake the compensation liability but shall try its best to help the passengers.
106.3 West Air shall not be liable in cases where it proves itself has taken all necessary measures to prevent loss from occurring, or it was impossible for West Air to take such measures.
Article 107 Other regulations
107.1 In the transport of passengers and baggage, in cases where it is proved that the damage was caused or contributed to by the fault of the claimant, West Air may be wholly or partly exonerated from its liability in accordance with the extent of the fault that caused or contributed to such damage. Where a person other than the passenger claims compensation with respect to the death or injury of the passenger, West Air may similarly be wholly or partly exonerated from its liability in accordance with the extent of the fault that caused or contributed to such damage, in cases where West Air proves that the death or injury was caused or contributed to by the fault of the passenger himself or herself.
107.2 The exclusion or limitation of liability for West Air shall apply to its agents, employees, representatives and any other person, the person’s agents, employees and representatives that providing aircraft to West Air. The total amount of compensation made by West Air, its agents, employees, representatives and any related person shall not exceed the limits of liability assumed by West Air.
Chapter 22 Effectiveness and Modification
Article 108 The Conditions come into effect since JAN 01, 2017. West Air General Conditions of Domestic Carriage for Passenger and Baggage which was formulated and implemented before this day shall be simultaneously invalidated.
Article 109 West Air is entitled to modify its conditions of carriage, transport regulations, fares and charges without advance notice according to the routing procedure of CAAC. However, the modification shall not apply to any carriage that begins prior to such modification. No West Air staff, authorized sales agent, or employee is entitled to violate or modify the conditions of carriage, transport regulations, fares and charges adopted by West Air.
Article 110 There are two versions of these Conditions, a Chinese version and an English version. In the event of any dispute, the Chinese version will be taken as final.