Did you only realize that the business class seat was occupied by the crew during the flight? Entrepreneur bombards Air China, Lawyer: Violation of Contract Law

On July 14, Mr. Liu, an entrepreneur, sent a video saying that when he checked in on July 12, he was informed that the A2533 business class seat of Air China purchased several days ago was occupied by the crew

On July 14, Mr. Liu, an entrepreneur, sent a video saying that when he checked in on July 12, he was informed that the A2533 business class seat of Air China purchased several days ago was occupied by the crew. After negotiation, he was transferred to economy class. Mr. Liu was dissatisfied. This matter has attracted widespread attention and discussion from netizens.

On July 15th, a reporter from Xiaoxiang Morning Post (WeChat: xxcbbaoliao) consulted aviation practitioners and professional lawyers in the aviation industry, and both sides held different views on this matter. An aviation practitioner stated that due to long-distance flights and other reasons, the phenomenon of crew occupying passenger seats exists, and in this case, priority is given to ensuring crew rest.

Zhang Qihuai, an authoritative lawyer in the aviation industry, believes that this situation is a clear violation of contract law by airlines, as there is no legal requirement for crew members to fly first class (or business class).

At present, Air China has not responded to this matter.

Purchase business class tickets and rush to the airport to receive notification. Occupation by crew members, entrepreneurs bombard Air China

On July 14th, an entrepreneur posted a video online questioning Air China, which caught attention.

Mr. Liu, the entrepreneur involved, claimed that more than 10 days ago, he had purchased a ticket for Air China flight CA2533 from Chengdu Tianfu Airport to Linzhi, Tibet on July 12th.

I saw online that there was only one available seat in the business class, so I didn't choose a seat in advance. "Mr. Liu said that when he arrived at the Air China counter at Chengdu Tianfu Airport at 6 am on July 12th to check in, the staff said that his seat had already been occupied by the crew.

After expressing my anger, the staff agreed to go to the leader for coordination. During this period, although I urged him multiple times to say that the leader was busy, I asked him to go to the leader and apply with him. Mr. Liu said that after waiting for 45 minutes, a "leader" finally arrived and said that coordination could not be achieved. The proposed solution was to transfer him to economy class and compensate 1000 yuan, or transfer him to business class on another flight of Sichuan Airlines.

Mr. Liu expressed that he cannot accept it and questioned the professionalism and service attitude of Air China's approach.

As a passenger, who spent money to buy a ticket first, how could Air China privately sell or transfer my ticket to someone else for use? Is it because it was oversold, or did it use the ticket for personal gain to acquaintances or family members? "Mr. Liu believes that the ground handling explanation is that it was occupied by the crew, but even if the crew has the right to sit in business class, when there is a conflict with the customer, Shouldn't the customer take the initiative to give up their seat for the sake of the upper class, instead of competing with the passengers for a seat and driving them to economy class.

Mr. Liu said that after getting on the ferry, a customer service manager on the ground rushed up and said that he had already transferred his seat back to business class. However, by this time, he had already decided to seat himself in economy class according to his boarding pass.

Mr. Liu claimed that after boarding the plane, he discovered an "interesting" phenomenon. The business class seat he had originally booked was always empty, with no one sitting. Following the spacious row of "super economy class" seats behind the business class, there were also three vacant seats.

If it's the crew, why can't they sit here and insist on grabbing business class with customers? "Mr. Liu questioned.

Aviation professionals: Generally, priority should be given to ensuring the rest rights of crew members

In response to this incident, a reporter from Xiaoxiang Morning News contacted an aviation practitioner.

Regarding the situation where crew members temporarily occupy first-class seats for passengers, this employee stated that this situation exists, such as ensuring the rest of crew members on long-distance flights.

The employee stated that the Civil Aviation Administration of China has regulations on the rest time for crew members, as well as requirements for the rest environment. For example, it is necessary to be able to lie flat for counting, and economy class seats cannot meet this requirement.

So if the crew needs to rest, why not reserve seats in advance? The employee explained that this situation is quite complex because the pre-sale of air tickets is one month in advance, and the flight arrangements of the crew are variable, such as personnel arrangements during peak and low seasons.

This person explained that in this case, the flight crew is generally given priority, "after all, aviation safety is the first", and the transferred passengers will be given Financial compensation by the airline.

At the same time, she also stated that this situation is relatively rare in her company, and usually the crew members who need to rest sit in the first row of first-class cabin.

Lawyer: In violation of contract law, crew members who need to take turns may not necessarily have to fly first class or business class

The flight registration software shows that on July 12th, the actual departure time of Air China Flight CA2533 was 9:47 and the arrival time was 11:21, taking over an hour.

Zhang Qihuai, a well-known lawyer in the aviation field, founder of the Aviation Law Research Association of Beijing Law Society, and chief lawyer of Lanpeng Law Firm, has different views on this matter.

Zhang Qihuai told reporters from Xiaoxiang Morning Post that this situation may occur in aviation practice, but it is not common.

Zhang Qihuai believes that on the first hand, this approach clearly violates the Contract Law, Consumer Rights Protection Law, and the principle of good faith. The ticket has already been sold out, "Zhang Qihuai said, so Air China is the counterpart of the contract and has an obligation to fulfill the content of the contract.

Secondly, there is no legal requirement that crew members must fly first class (or business class). Zhang Qihuai said that the number of crew members on a flight is fixed and a report has been confirmed before takeoff. If there is a need for rotation, passengers can take cabin seats, but there is no requirement to fly first class, either first class or economy class.

In addition, there is also a situation where "crew members are added", such as the airline needing to take the crew members to another destination. In this case, the crew members do not need to purchase tickets, as the airline needs to allocate them, but it cannot infringe on the normal rights and interests of passengers.

In this situation, it is possible to arrange for the next or previous flight without having to compete for seats with passengers. After all, as a service unit, the staff responsible for arranging should prioritize ensuring the rights and interests of passengers. Without passengers, where would the company come from? "Zhang Qihuai said.

The third aspect is that there is also a situation where other specific personnel are transferred to other normal passenger seats in the name of the crew, which is also known as "related households". This situation is absolutely not allowed.

Whether it is ticket sales, allocation, and specific flight execution, they are all coordinated by the airline. Regardless of the situation where the rights and interests of passengers are violated, it is generally unacceptable Zhang Qihuai said that it is in line with the practice of the civil aviation industry to give Financial compensation after transferring passengers' seats. In this event, Air China needs to provide specific explanations on the reasons for the occupation.

On July 15th, a reporter from Xiaoxiang Morning News called Air China customer service to inquire about the situation where the crew members were occupying passenger seats. The customer service staff expressed that they were unable to respond and suggested that the reporter contact the company through email for a response. As of press release, the reporter has not received a response from Air China regarding this matter.

Xiaoxiang Morning News reporter Cao Wei

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