Multiple airlines: issuing certificates allows passengers to board, but elderly cancer patients are denied boarding, leading to heated discussions
Paper reporter Zhu Xuan
Recently, an elderly cancer patient at Chengdu Tianfu International Airport was denied boarding while checking in, causing concern.
The video shows that the family claimed that the elderly person had been diagnosed with cancer for 4 months, had already signed a commitment letter, completed a physical examination, brought a doctor's certificate, and even brought a caregiver, but ultimately could not board the plane. According to media reports, staff from Chengdu Airlines Co., Ltd. stated that "after verification, the passenger is a late stage cancer patient. The company has clear regulations that prohibit transportation for such patients to prevent passengers from feeling unwell during the flight. This regulation is published on the official website's transportation general conditions, and there is no absolute restriction on passengers from traveling if they are early-stage or mid-term cancer patients." Staff said that if they cannot be transported, it is recommended that passengers cancel their tickets.
According to interviews and analysis by Pengpai News, most domestic airlines have not made clear regulations on whether cancer patients can board the plane. It is generally recommended that passengers consult hospitals and obtain a certificate of suitability to board the plane; Some airlines have also listed situations where they are not allowed to carry the cargo, including patients with illnesses that are not suitable for boarding, but have not specifically mentioned whether patients with advanced cancer are included in the list.
Some lawyers believe that airlines should not reject the decision of whether late stage cancer patients can take the plane in a one size fits all manner. It depends on the situation, and airlines should refer to the opinions of medical institutions rather than making their own decisions. The regulations of Chengdu Airlines may violate Article 497 of the Civil Code, which is a standard clause and should be considered invalid.
Multiple airlines claim that cancer patients have been issued
After a diagnostic certificate that is suitable for boarding, one can board the plane
Do other airlines have relevant regulations for cancer passengers to board?
On September 13th, a staff member of China Southern Airlines customer service hotline stated that there are no corresponding regulations for cancer passengers and they do not need to apply for special procedures. However, passengers themselves need to follow medical advice and provide a certificate of suitability for boarding. "The airline is unable to provide guarantee for the passenger's own physical condition," the staff member said.
A staff member of China Eastern Airlines customer service hotline also stated that for such cancer patients, it depends on the hospital's judgment. If the hospital issues a certificate that passengers can board the plane, they can board the plane normally. "We do not have a clear rule here that late stage cancer patients are not allowed to take a flight. We need to inquire with the hospital whether it is suitable to take a flight."
A staff member of the China International Airlines customer service hotline also stated that there is no clear regulation and consultation with a doctor is needed. It is recommended that the doctor issue a certificate of suitability for boarding.
In addition, both Shenzhen Airlines and Sichuan Airlines require passengers with injuries and illnesses to consult a doctor about their suitability for travel and bring a medical certificate. Shenzhen Airlines stipulates that the diagnostic manual must be issued within 10 days of departure, stamped by the examining hospital and signed by a doctor, and with the words "suitable for boarding before 32 days" in order to be valid. If the on-site staff deems it necessary based on reasonable judgment, they may require passengers to undergo an inspection at the airport emergency center to confirm whether they are suitable for boarding.
The official website of Xiamen Airlines shows that sick passengers belong to the category of "restricted transportation", and can only be carried with the prior consent of Xiamen Airlines and related carriers and necessary arrangements made when meeting the conditions stipulated by Xiamen Airlines and related carriers. For safety reasons, Xiamen Airlines has implemented corresponding controls on the number of passengers transported on each flight.
Some airlines have also listed situations where they are not allowed to carry, but have not specifically mentioned whether patients with advanced cancer are included in the list. For example, Spring and Autumn Airlines stipulates that under any of the following circumstances, except for those who make special arrangements with the company's consent in order to save lives, they will not be allowed to transport, including those with serious or critical heart disease; Patients with large mediastinal tumors, large hernias, and intestinal obstruction; There are fourteen situations, including other patients who suffer from diseases that are not suitable for flying.
In the "Refusal to Transport" column, Jixiang Airlines lists several situations where "except for those arranged by Jixiang Airlines to save lives, Jixiang Airlines has the right to refuse transportation". Among them, it includes "individuals with unstable vital signs due to various reasons or those who suffer from other diseases deemed medically unsuitable for boarding."
Lawyer: The airline cannot reject it all at once,
It depends on the situation
Pengpai News has noticed that according to Article 8 of the "Regulations on the Management of Passenger Services in Public Air Transport" issued by the Ministry of Transport, the overall transportation conditions should at least include: relevant regulations for passenger boarding, including the transportation standards for special travelers such as infants, pregnant women, unaccompanied children, and critically ill patients.
Article 31 of this regulation stipulates that if one of the following situations occurs, the carrier shall refuse to transport: passengers or items prohibited from being transported in accordance with relevant national regulations; Passengers who refuse to undergo security checks; Unchecked luggage; Passengers whose identity documents issued during the check-in process are inconsistent with those obtained during ticket purchase; Other situations stipulated by the state. Except as provided in the preceding paragraph, if the passenger's behavior may endanger flight safety or public order, the carrier has the right to refuse transportation.
The above terms do not relate the passenger's physical condition to the refusal of transportation. Moreover, Article 33 of the regulation also requires that carriers and airport management agencies should develop emergency response plans in response to situations where passengers experience sudden illnesses, accidental injuries, etc. that have a significant impact on their health.
According to the General Conditions for Domestic Transportation of Passengers and Luggage by Chengdu Airlines, passengers who refuse transportation and restrict transportation of "late stage cancer patients" are considered as "passengers who are not allowed to be transported unless special arrangements are made with the consent of Chengdu Airlines.".
Regarding this, Zhao Liangshan, a senior partner and well-known public welfare lawyer at Shaanxi Hengda Law Firm, believes that although the "General Conditions for Domestic Transportation of Passengers and Luggage of Chengdu Airlines Co., Ltd." states that "advanced cancer patients are one of the situations where they have the right to refuse to transport passengers for safety reasons or based on their reasonable judgment", this clause undoubtedly excludes advanced cancer patients and is a form of discrimination against cancer patients. He believes that whether late stage cancer patients can take a flight cannot be rejected in a one size fits all manner. It depends on the situation, and airlines need to refer to the opinions of medical institutions rather than make their own decisions. Late stage cancer patients are not allowed to take a flight.
Zhao Liangshan believes that such clauses can be classified as exempting or reducing the responsibility of the operating airline, increasing the responsibility of passengers, and violating Article 497 of the Civil Code: if the party providing standard clauses unreasonably exempts or reduces its responsibility, increases the other party's responsibility, restricts the other party's main rights, or excludes the other party's main rights, such standard clauses are invalid; According to Article 26 of the Consumer Rights and Interests Protection Law, if an operator makes unfair or unreasonable provisions to exclude or restrict consumer rights, reduce or exempt the operator's liability, or increase consumer liability through standard terms, notices, statements, store notices, etc., and uses standard terms and technical means to force transactions, the content is invalid. Therefore, such clauses belong to overbearing clauses and their attribution is invalid.
