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Recently, Ms Zhao (a pseudonym) sought medical treatment locally after a family member fell ill, and the hospital promptly issued a diagnostic certificate. According to airline regulations, a full refund should have been granted for ticket cancellation due to illness preventing travel. However, several days after submitting her documentation, Ms Zhao was informed that the hospital's classification level did not meet the criteria for a full refund. Despite multiple appeals, she has yet to receive a satisfactory resolution.

In response, Ms Tian Qiuying, Partner at JAVY Law Firm, was interviewed by Beijing Traffic Radio to provide legal insight into such cases.

In September this year, Ms Zhao planned a family holiday with elderly relatives and children, purchasing tickets with a certain airline. Two days before departure, an elderly relative developed a fever, followed by respiratory symptoms among other family members. Ms Zhao herself experienced a sore throat and fever, prompting the family to seek medical attention. Diagnosed with influenza, the doctor advised against long-distance travel for the 70-year-old elderly relative, scheduled a follow-up appointment in three days, and issued a medical certificate.

The certificate stated upper respiratory tract infection and recommended three days' rest, coinciding with the flight departure date. Ms Zhao applied for a refund, and the ticket agent confirmed full reimbursement for illness. She submitted medical receipts, prescription records, and the diagnosis certificate.

Approximately five days later, Ms Zhao received a rejection notice from the airline, stating that the attending hospital was a Grade II facility without a Class A designation, thus failing to meet the criteria for a full refund. Ms Zhao was perplexed, as she resides nearby and the hospital she attended was large-scale. She was unaware that Grade II hospitals had sub-classifications, and the delayed response caused her to miss the window for obtaining secondary evidence. Multiple complaints yielded no resolution.

What are the airline's regulations regarding illness-related ticket refunds? Upon contacting a major carrier, it was confirmed that passengers must provide: - A medical certificate from a Class II Grade A hospital or equivalent overseas institution stating the passenger was unfit to fly during the journey period - Valid proof of diagnosis and treatment - Receipts for medical expenses - The passenger's ID photograph Subsequently, the reporter verified policies with China Eastern, Hainan Airlines, Air China, and Shandong Airlines. Most carriers impose no restrictions on hospital grade, while some require verification via the National Health Commission website.

Subsequent inquiries into policies of China Eastern Airlines, Hainan Airlines, Air China, and Shandong Airlines revealed that most carriers do not restrict hospital tiers, with some requiring verifiable listings on the National Health Commission website. Ms Zhao's hospital was listed on the Commission's website as a Grade II facility, meeting the requirements of most airlines.

Question: Does an airline's medical refund policy constitute an unfair contract term?

Tian Qiuying, Solicitor: Under China's Civil Code, standard terms refer to clauses drafted in advance for repeated use without negotiation during contract signing, typically provided by airlines. Such terms must adhere to the principle of fairness and be reasonably highlighted to draw attention to provisions exempting or mitigating the provider's liability, or those significantly affecting consumers' interests.

Airlines generally impose conditions for medical refunds, such as requiring hospital certificates, doctor's diagnoses, and medical records. While this is reasonable to some extent to prevent abuse of refund policies, an airline's unilateral stipulation that only hospitals of Class II Grade A or above, or specific tiers, are acceptable—without being based on statutory or universally recognised medical standards—may constitute an unfair contract term if not prominently disclosed to the consumer at the time of purchase.

Question: What recommendations would you offer to airlines?

Tian Qiuying, Solicitor: Firstly, refine medical cancellation policies by enhancing the reasonableness of eligibility criteria, prioritising substantive justification over imposing excessively high formal barriers. Secondly, ensure restrictive requirements—such as documentation and hospital accreditation—are prominently highlighted during the booking process, for instance on order confirmation pages or ticket policy pages, thereby safeguarding consumers' rights to informed choice. Thirdly, establish a more flexible customer service handling mechanism, particularly for special circumstances such as elderly passengers experiencing sudden illness. Create more humane processing channels to avoid overly rigid enforcement of internal company regulations.