Source: Surging News
Author: Zhu Xuan
Recently, when a cancer -spending elderly person with cancer in Chengdu Tianfu International Airport was refused to board the plane, causing attention.
The video shows that the family members said that the elderly had a cancer for 4 months. They had signed a commitment, and they also brought a doctor's certificate after finishing the medical examination. They also brought a nursing worker, but they could not board the plane.According to media reports, the staff of Chengdu Aviation Co., Ltd. said that "After verification, the passenger is a patient with advanced cancer. The company has clearly stipulated that for such patients to prevent passengers from being unwell during flight. This regulation is on the way.The total conditions of the official website have been publicized. If it is a patient with early or mid -term cancer, there is no absolute restriction on passenger opportunities. "The staff said that there was no way to carry out the refund processing.
Surging news interviews and sorting out and found that most of the domestic airlines in China have not made clear regulations on whether cancer patients can take the opportunity. Generally, passengers are recommended to consult the hospital to issue a proof of the right to take.The situation of not being carried out, including "patients who should not take the disease," did not specifically mention whether patients with advanced cancer were listed.
Some lawyers believe that the aircraft company can take the opportunity to take the opportunity to take the opportunity to reject it by one. It is necessary to depend on the situation.The regulations of Chengdu Airlines may violate the provisions of Article 497 of the Chinese Civil Code. It is a format clause and should be invalid.
Is there any relevant regulations for other airlines to take the opportunity to take the opportunity?
On September 13, a staff member of the Southern Airlines Customer Service Hotline stated that there was no corresponding regulations for cancer passenger airlines and did not need to apply for a special process."The passenger's own physical condition, the airline company could not guarantee it." The staff member said.
A staff member of China Oriental Airlines Customer Service Hotline also said that for such cancer patients, it is necessary to look at the judgment of the hospital. If the hospital can take a proof that can take the opportunity, passengers can take the opportunity normally."We do not clearly specify that patients with advanced cancer cannot take the opportunity, and we need to ask the hospital if it is suitable for opportunities."
A staff member of the China International Airlines Customer Service Hotline also said that there is no clear regulation, and the doctor needs to consult, and it is recommended that the doctor to issue a proof of appropriate opportunities.
In addition, Shenzhen Airlines and Sichuan Airlines all stipulate that for travelers of injuries, they need to consult a doctor if they are suitable for travel and carry medical proof.Among them, Shenzhen Airlines stipulates that the diagnostic instructions must be issued within 10 days of the departure time, the stamp of the hospital's inspection hospital and the signature of the doctor, and the word "XX is suitable for the opportunity".If the on -site staff believes that it is necessary for a reasonable judgment, passengers may be required to be checked by the airport emergency center to confirm whether the passenger is suitable for the opportunity.
Xiamen Airlines official website shows that patients and travelers are the category of "restricting transportation". Only under the conditions stipulated by Xiamen Airlines and related carriers, they can be pre -agreed by Xiamen Airlines and related carrons to make arrangements when necessary and make arrangements when necessary.Lairer is transported.For safety considerations, Xiamen Airlines has controlled the number of transportation (service) passengers at each flight.
There are also airlines listed that they are not transported, but they do not specifically mention whether patients with advanced cancer are listed.For example, Spring Airlines stipulates that one of the following circumstances, in addition to saving life, the company's consent to conduct special arrangements, will not be carried out, including patients with heart disease in severe or critical state;Fourteen cases of hernia swelling and intestinal obstruction; other patients with other patients who should not take the opportunity.
Auspicious Airlines listed in the column of "Rejecting Transport" column "In addition to saving life, except for special arrangements for Jixiang Airlines, Jixiang Airlines has the right to refuse to transport" "Those who cause unstable vital signs or those who are not suitable for taking opportunities in other medicines. "
Surging news noticed that according to Article 8 of the Administration of Public Air Transportation Passenger Service in China issued by the Ministry of Transportation of China, the total transportation conditions should be at least included in the relevant provisions of passengers, including infants, pregnant women, adult -free children, serious illness, serious illness, serious illness, serious illness, serious illness, serious illness, serious illness, serious illness, serious illness, serious illness, serious illness, serious illness, serious illness, serious illness, serious illness, serious illness, serious illness, serious illness, serious illness, serious illness, and serious illness, and serious illness.Patients such as patients such as special passengers.
Article 31 of the provisions clearly states that if there is one of the following situations, the carrier shall refuse to transport: (1) passengers or items that prohibit transportation in accordance with relevant national regulations; (2) refusal to accept safety inspections;3) Luggage without safety inspection; (4) The identity documents issued by the opportunity to register for the opportunity are not consistent with the identity documents when buying tickets; (5) other situations stipulated by the state.Except for the preceding paragraph, if the behavior of passengers may endanger flight safety or public order, the carrier has the right to refuse to transport.
The above clauses did not associate the physical condition of the passenger with the "refusal transportation".In addition, Article 33 of the provisions also requires that the carrier and airport management agency shall formulate a major impact on the health of passengers on the health of passengers, and formulate an emergency response plan.
Chengdu Aviation Co., Ltd., passengers, total domestic transportation conditions (EU05 edition) mentioned that refusing to transport and restrict the "advanced cancer patients" during transportation belong to "except for special arrangements for special arrangements through Chengdu Aviation"Passengers.
In this regard, Zhao Liangshan, a senior partner and a well -known public welfare lawyer at Hengda Law Firm in Shaanxi, believes that although the total conditions of the passengers and luggage domestic transportation (EU05 version), the advanced cancer is due to the cause of safety for safety reasonsOr according to your reasonable judgment, there are clauses such as one of the cases of rejecting passengers ", but this clause undoubtedly refuses to refuse patients with advanced cancer, which is a kind of discrimination against cancer patients.He believes that whether patients with advanced cancer can take the opportunity and cannot refuse one by one. It is necessary to depend on the situation. Airlines need to refer to the opinions of medical institutions instead of their own master.
Zhao Liangshan believes that such clauses can be characterized as exempt or reduce the responsibility of operators airlines, aggravate the responsibilities of passengers, and violate the provisions of Article 497 of the Civil Code.Responsibility, aggravating each other's responsibility, restricting the main rights of the other party, or providing format clauses to eliminate the main rights of the other party, and Article 26 of the Consumer Rights Protection Law stipulates that the operator shallIn the ways of notice, such as eliminating or restricting consumer rights, reducing or exempting the responsibilities of operators, aggravating consumer responsibilities, etc., are not fair and unreasonable to consumers. The content is invalid to use the format clauses and use technical means.Therefore, such clauses belong to the Overlord clauses, and the belonging is invalid.
