The Ministry of Transport ("MOT") has recently drawn up and issued the Administrative Provisions on Public Air Transport Passenger Services (Draft for Comment) (the "Draft for Comment") for public consultation by August 11, 2019.
The Draft for Comment states that: 1. There will be no direct provisions concerning the specific criteria of business affairs that fall into the scope of independent business of carriers, such as the methods in which ticket prices are paid, dimension and weight of checked luggage, and transportation of small animals; instead, the carriers may decide on their own the criteria of such business affairs according to their own conditions. 2. It is clearly stated that air ticket sales agents shall not alter without approval the refund and rescheduling policies for flight tickets set by the carriers, a move to better safeguard legitimate rights and interests of passengers. 3. The administrative provisions apply not only to domestic carriers, airport management institutions, air ticket sales agents, etc., but also to foreign carriers and carriers from Hong Kong, Macao and Taiwan region, whose flights depart from or stop over places within the territory of China. 4. In addition to another two new chapters, i.e. Chapter IX "Supervision and Administration" and Chapter X "Legal Liability", a separate new chapter named "Information Reporting" is introduced to set forth requirements for formulation and publication of general transportation conditions and of record-filing for carriers.