Civil Aviation Authority released flight delay new regulations compliance with

On July 24, 2012, the Shanghai HongQiao international airport, due to bad weather delayed flights to Sanya, passenger airlines counter argument with staff. Surging materials

Central wide network Beijing July 28 message, according to China of sound news aspect reported, recently, traffic Transport Department released has flights normal management provides, which 29th article provides, due to weather, and suddenly event, and air traffic control, and security and passenger, non-carrier reasons, caused of flights in originating to out Hong Kong delays or canceled, carrier should assist passenger arrangements catering and accommodation, costs by passenger themselves.

After seeing this article, many users were not calm. Because many media and experts read, new rules seemed to say: after flight delays, the airline may not bear the accommodation expenses. That understanding is wrong with it? Civil Aviation Authority officials gave authorities wide exclusive interview yesterday, answered a number of hot issues.

Consumer Center said Li hongtao, Deputy Director of Civil Aviation Council, their full participation in the flight of the normal regulation of discussion and comment. However, friends, the media and experts with regard to the provisions of article 29th regarding flight delays "accommodation take care of themselves" discussion of enthusiasm high, really was beyond her expectations. But, in her opinion, since many interpretation is not comprehensive enough, even taken out of context, it caused some misleading to the public. In fact, airlines or airports, as well as other government departments do not carry out flights normal protection responsibilities, is more than more than 80 rules of punishment, first of all to meet the management requirements of the regulations, and safeguard the legitimate rights and interests of consumers, imposes very strict liability category. Li hongtao, for example, the provisions of chapter II of the first flights normal protection responsibilities, chapter III is the delay in the disposal. Li hongtao appealed to the public in the provision of objective, comprehensive, correct content, "not taken out of context."

Traffic Transport Department the issued of flights normal management provides actually does not "new", early in 2010 China Aviation Transport Association released of air transport service quality not normal flights carrier people service and compensation specification (pilot) among on has similar of provides, new rules just from "costs can by passenger themselves" into has "costs by passenger themselves", but in many people seems, took off of a "can" Word, is removed has bargain of possibilities, more out of is is "fighter" of taste. Responding to Li hongtao, new rules are in line with the law of contract, is also in line with international practice. The force majeure provisions of contract law, such as the 117th section of contract law, due to force majeure cannot fulfill the contract, based on the effect of force majeure may partially or entirely exempt from liability. Weather is unforeseeable, unavoidable, cannot overcome the objective conditions, in contract law can be partial or total exemption.

Many experts believe that the new rules are "international practices" standards, but in satisfying the conditions of compensation cases, compared to European Union's € 250 – 600 euros (about 1835-4403) amount of compensation, China enacted in 2010 after 8-hour delay compensation standard of 300 yuan is not high. Li hongtao explained that there is a legal provision, article eighth of the legislative law in China, basic system can only be carried out by the legal provisions of civil, civil aviation Board had no right to adopt regulations for flight delays as a basic system of civil compensation for unified rules. Flight delay compensation belongs to the independent operation of the enterprises, if the civil aviation authority for uniform compensation standard would infringe on the independent right of the enterprise, and is not conducive to the maintenance of normal market order. Chinese civil servants participate in the Netherlands

Also, Li hongtao said, EU of on flights refusing, and canceled or delays Shi on passenger compensation and help of General provides, is commonly known as of 261 article paragraph among on weather, and suddenly event, and air traffic control, reasons caused of flights delays do has hard provides, also put special situation included to exemption terms, like political not stable, and weather conditions, and security risk, and flight security defects, and carrier strike, situation zhixia, also has air traffic control led to long time of flights delays, This was found to be carriers in order to avoid flight delays or cancellations to take reasonable measures, which belongs to the force majeure, is an exemption.

Li hongtao, the Ministry promulgated the normal regulations of flight intentions must safeguard the lawful rights and interests of consumers, the flights follow a normal management supporting document will be unveiled, more detailed provisions and provisions will be made.