The cover is deep and the insiders talk about "cancer passengers are denied the opportunity to take the plane": the airline company’s refusal to carry is well-founded, but the standards and procedures
Cover journalist Song Xiao
A few days ago, a video from the Internet showed that an elderly cancer patient was refused boarding when he was checking in at Chengdu Tianfu International Airport. The airline responded that patients with advanced cancer would not be transported, and passengers were advised to refund their tickets. On September 13th, senior aviation industry insiders and lawyers told the cover journalist that because airplanes are different from other means of transportation, in the high-altitude environment, the change of air pressure in the cabin may have some influence or discomfort on some injured passengers. According to the relevant regulations of the Civil Aviation Administration, in order to ensure the safety of air transportation and passengers’ own flight safety, airlines may have the right to refuse transportation for injured passengers who are not suitable for flight according to the general transportation conditions or after evaluation.
Cancer passengers are denied the opportunity to fly.
Airline regulations are accused of being "cold-blooded"
A man was denied a dispute with the staff because of an elderly man with cancer. Webcast video screenshot
The online video shows that on the morning of September 12, there was a dispute between passengers and flight staff at the boarding gate of flight EU2205 at Chengdu Tianfu International Airport. One of them, a man in white short sleeves, said, "I signed the letter of commitment, and the hospital certificate was also written. I also brought a paramedic, so you won’t let me go."
The incident was due to the fact that the old man accompanying him was refused to take the flight because he was suffering from cancer. The man believed that he had consulted before taking the flight that passengers without heart disease, respiratory diseases or traumatic wounds could take the flight, but now he was refused to take the flight because the old man was suffering from cancer. The man and another old lady in the same trade expressed their dissatisfaction and indignation.
A man was denied a dispute with the staff because of an elderly man with cancer. Webcast video screenshot
On the afternoon of the 12th, the airline staff said that the passenger was a terminal cancer patient, and the company clearly stipulated that such patients would not be transported to prevent passengers from feeling unwell during the flight. And said: This provision has been publicized in the general conditions of transportation in official website. If you are an early or middle-stage cancer patient, there is no absolute restriction on passengers’ flight.
For this regulation, some netizens think that it is "cold-blooded" and that passengers are already sick, and the airline’s move is somewhat inhuman; Some netizens said that since they signed an exemption agreement according to what the man said, "For example, cancer patients have to fly, and the consequences caused by the promise will be borne by themselves, so the rule of refusing to ride is not very understandable." Some netizens also believe that aviation service is a kind of market behavior. Customers have the right to choose merchants, and merchants also have the right to choose customers. Since there are regulations, they should abide by them.
Behind the incident:
Risk dispute between "special needs" passengers and airlines
After the incident, the cover journalist interviewed a senior aviation industry insider, and the other party said that the incident itself was not complicated, but a normal market choice and security risk consideration.
"On the one hand, airlines will consider the physical condition of sick and disabled passengers, and there may be some personal and property disputes and compensation disputes behind them; On the other hand, airlines actually have the right to refuse some’ special’ passengers to take the opportunity. " The insider told reporters that at present, most airlines have emphasized that some disabled people, pregnant women in labor, newborn babies, people suffering from certain diseases or having surgery before boarding the plane may not be suitable for their physical condition. Take the flight regulations for the elderly over 70 years old as an example, it is necessary to provide a medical certificate from a regular medical institution within 180 days after the flight takes off, and to go to a regular medical institution to check the electrocardiogram, blood pressure, respiratory tract and heart rate. The certificate needs to be signed by a doctor and stamped by the hospital, and the ticket is allowed to be issued after being audited by the airline. When purchasing tickets, these passengers need to check the special passenger transport standards of the airline and explain their physical condition to the airline in advance.
"After all, airplanes are different from other means of transportation. There are many unknown risks in the high-altitude environment." Because air flight is likely to induce heart disease, hypertension and other diseases in the elderly, different airlines will make different regulations for the elderly to take the opportunity. Many sick passengers will also be required to sign relevant commitment letters and service instructions for sick passengers before taking the opportunity.
Not an isolated case
It has long been stipulated that "injured passengers" are restricted and refused to fly.
General Conditions for Domestic Transportation of Passengers and Luggage of Chengdu Airlines Co., Ltd. (EU05 Edition): Denial of Transportation and Restrictions on Transportation
The reporter found that, taking the general conditions for domestic transport of passengers and luggage by Chengdu Airlines (EU05 version) as an example, Chengdu Airlines stated in the terms of refusing to transport and restricting transport that passengers with the following diseases will not be transported unless special arrangements are made with the consent of Chengdu Airlines: among them, patients with heart diseases in a very serious or critical state, such as severe heart failure, cyanosis or myocardial infarction (those who have suffered from infarction within six weeks before traveling).
In addition, according to the "Travel Guide" of the Civil Aviation Administration of China, sick and disabled passengers refer to passengers who have no ability to take care of themselves when getting on or off the plane, during the flight and during the ground service at the airport, and need separate care or help from others. Sick and disabled passengers should apply for special service at the airline ticket office in advance, and seriously ill passengers should provide the certificate issued by the medical unit that they are suitable for taking the flight, and they can buy tickets only after the airline agrees. It emphasizes that airlines have the right to refuse to transport passengers with infectious diseases, mental illness or health conditions that may endanger themselves or affect the safety of other passengers.
Legal point of view:
Civil aviation regulatory agencies should improve the standards and procedures for refusing to load.
Hu Lei, a lawyer of Sichuan Dingchi Law Firm, told the cover journalist that the airline decided to refuse to carry passengers with terminal cancer according to relevant regulations. From a legal perspective, the airline’s basis is the air transport contract signed with passengers. "The General Conditions of Transport is a document filed by the Civil Aviation Administration, which has legal effect as part of the transport contract between passengers and airlines. As a format clause to limit the rights and interests of passengers, does the airline fully prompt passengers about this? Is it whether the airline will bear the losses of passengers?
Article 34 of China Civil Aviation Passenger and Luggage Domestic Transportation Rules stipulates that
Hu Lei said that there are cases in foreign countries that passengers suffering from serious diseases are not allowed to be transported, but the corresponding rules are not based on whether passengers have a history of illness. "It is necessary for airlines to refuse to carry passengers suffering from serious diseases, both for passengers themselves and passengers on the same plane. Due to the influence of air pressure and aircraft operation, the atopic diseases of some passengers will change. From the perspective of passenger safety and operation economy, It is understandable that some passengers who are not suitable for taking the flight are refused by the air. A simple example is that if a weak patient has an emergency in the air, the subsequent disposal will have a serious impact on both the passengers themselves and the airlines. "
At the same time, he called on the civil aviation regulatory authorities to further standardize the procedures for airlines to refuse passengers for medical reasons, establish and improve the standard system for airlines to refuse passengers, and let ordinary passengers know who and under what circumstances they can’t fly. "It not only allows passengers to go out clearly, but also allows front-line staff to work with evidence and reason."
































