Blacklist in Civil Aviation

Passengers who have unruly behavior like declining to board will be added to airline passenger blacklist by airline. The presence of airline passenger blacklist is a unique phenomenon in China. Two Chinese airlines include Xiamen Airline and Spring Airlines have implemented passenger blacklist policy in the past ten years. In other countries, airlines never blacklist air passengers. In other hand, they only apply more rigorous security checks on those passengers they consider have higher potential risk.

Xiamen Airline Passenger Blacklist

Houjun Fan who used to be a staff of Xiamen Airline, suspected that company falsified his promotion test grade in 2003. In the negotiations with the company,he angered the company's senior and was placed in a lower position in company. In November 2004, Houjun wrote a letter to Xiamen Airlines CEO Rongnan Wu. In the letter, he satirized the CEO of Xiamen Airline is a 62-year-old man, and should have retired many years ago. He also mentioned that he would use the cost of his life to correct the errors of Xiamen Airlines. This letter has completely angered the CEO, and the company seniors. As a result, he is the first people be added to the airline’s passenger blacklist. Moreover, Xiamen Airline has proposed AirChina and Eastern Airline to blacklist Houjun. Since then, he was repeatedly denied to board by Xiamen Airline.

Spring Airlines Passenger Blacklist

In 30th April 2012, Spring Airline Flight 9C8511 was expected to take off from Shanghai at 17:05 and arrive at Harbin at 19:45. Because of air traffic control, the flight was delayed. The airline has sent cake and water to appease passengers. At the first few hours of waiting, passengers were patient and understood the flight delay. After an airline’s wrong notification about boarding gate, some passengers became weary and required airline staff to apologize. At 21:00, the flight was finally ready to board. Some passengers refused to board, they dissatisfied with the performance of the Spring Airlines in the delay period. Also, most passengers claimed for compensation before boarding. After airline negotiated with passengers, airline agreed to compensate 100RMB (20 NZD), and most passenger begun boarding. Few passengers thought they should get more compensation from the airline, and continue to complain. One hour later, the airline agreed to compensate 200 RMB to those passengers. One month after this flight delay, Miss Liu who is one of the passengers required 200RMB compensation found that she could not book a flight by internet. After contacting the airline, she realized that airline blacklisted her. As a Low Cost Carrier, Spring Airline would not compensate in the case of flight delay or cancel. The passengers who required 200 RMB compensation have exceeded the airline's bottom line.

Argument

Most public media in China agree that airlines set up passenger blacklist cannot be accepted from a moral point. Every passenger has the right to use air services, airline cannot infringe on their rights. In China present contract law, public transport carrier cannot refuse to take passenger under passengers’ reasonable request. In these two cases, passenger(s) do have some slightly aggressive behavior. From legal perspective, airlines are legal to do this. The Civil Aviation Administration of China has called on passenger s to preserve their right in a correct way.

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