Aviation claims · 03 Editorial guide
Aviation carriage & incidents
The route, carriage document and type of loss determine the aviation claim framework. Separate passenger injury, delay, baggage and cargo files before calculating responsibility or deadlines.
First job Identify itinerary, carrier, ticket/air waybill and incident jurisdiction.
Start here
Key considerations
The first questions are about urgency, governance and preservation — before collection expands or interviews begin.
- Was the carriage domestic or international, including agreed stopping places?
- Who were the contracting and operating carriers?
- Is the claim for injury, delay, baggage, cargo or several distinct losses?
Direct answer
What this page decides
02
Do not value a China aviation claim from the incident description alone. First classify the agreed itinerary as domestic or international and identify the contracting carrier, operating carrier and any successive carriers. Then separate passenger death or bodily injury, passenger delay, baggage destruction/loss/damage/delay and cargo destruction/loss/damage/delay. China's revised Civil Aviation Law has applied since July 1, 2026 and links relevant liability limits to the international civil-aviation conventions in force for China, with the competent civil-aviation authority publishing the limits. Domestic and international files, declared-value arrangements and intentional or reckless conduct can produce different analyses. Use the current instrument and event date; do not rely on an old compensation table copied from a travel page.
At a glance
Which fact changes the next route
Use the fact that changes ownership or urgency to decide the next move.
| Question | Why it matters | Next route |
|---|---|---|
| What itinerary was agreed on the ticket or air waybill? | International status can depend on agreed departure, destination and stopping places, not only where the event occurred. | Preserve the complete booking, ticket, itinerary, air waybill and rebooking history. |
| Which carrier contracted and which operated the affected flight? | Code-share, wet-lease, successive-carriage and agent facts affect the responsible party and forum analysis. | Record carrier legal names, flight numbers, documents and actual operation. |
| What exact category of damage is claimed? | Injury, delay, checked baggage, carry-on property and cargo have different elements, evidence and potential limits. | Create separate loss schedules and evidence files for each category. |
| Were written notices and incident records obtained? | Prompt baggage/cargo reports, carrier complaints, medical evidence and insurance notice protect proof and deadlines. | Request the carrier or ground agent's incident document and send a rights-reserving notice. |
Scope
What this page owns — and what it does not
Practical workflow
Action, evidence, legal gate, output
| Action | Documents / evidence | Legal gate | Output |
|---|---|---|---|
| Fix the carriage map | Booking, ticket, itinerary, boarding record, baggage check, air waybill and carrier identities | Domestic/international and contracting/operating/successive carrier | Applicable-route memorandum |
| Preserve incident evidence | Irregularity or occurrence report, medical records, photos, tracking, condition survey and witness details | Event within carriage and reliable causation record | Incident chronology |
| Build category-specific loss | Medical expense, income, delay expense, baggage/cargo value, weight and declared-value records | Recoverable category, proof and mitigation | Supported loss schedule |
| Control claim and forum | Written notices, carrier response, current law/convention text, jurisdiction facts and insurance | Notice, limit, defence, forum and time bar | Claim and filing plan |
Documents
What to gather before the next call
These items help clarify the file; they are not a legal requirement list.
| Item | Why needed | Who holds it | Risk if missing |
|---|---|---|---|
| Complete itinerary and carriage documents | Classify domestic/international carriage and contract terms | Passenger, shipper, travel agent and carrier | Wrong legal regime or carrier |
| Carrier and flight-operation record | Identify contracting, operating and successive carriers | Carrier, airport and booking platform | Claim is directed only to a marketing carrier or agent |
| Incident, baggage or cargo report | Record timing, condition and carrier acknowledgement | Carrier or ground-service agent | Later dispute over whether loss occurred during carriage |
| Medical and causation evidence | Support passenger injury and its connection to the event | Medical providers, passenger and witnesses | Symptoms and event cannot be reliably linked |
| Value, weight, expense and declared-interest proof | Support the relevant loss category and any declared-value route | Passenger, shipper, consignee and insurer | A valid claim lacks quantification |
| Notices, complaints and insurance correspondence | Preserve procedural compliance, positions and subrogation | Claimant, carrier and insurers | Notice, limitation or coverage rights expire |
Common failure points
Where files usually break
Applying a domestic compensation figure before classifying the agreed itinerary and event date.
Using outdated liability limits despite the Civil Aviation Law effective July 1, 2026 and current convention-linked publication rules.
Naming only the ticket seller while overlooking contracting, operating or successive carriers.
Combining injury, delay, baggage and cargo losses into one unsupported demand.
Waiting for negotiations before obtaining a baggage/cargo incident record, medical evidence or sending written notice.
Assuming travel or cargo insurance replaces the carrier claim or removes notice and subrogation duties.
Decision map
Keep the question bounded.
- Classify carriage and claimantMap itinerary, ticket or air waybill, passenger or cargo interest, contracting and operating carriers and any successive carriage.
- Preserve incident and loss evidenceSecure carrier records, baggage or cargo reports, medical and condition evidence, notices, expenses, value and insurance.
- Apply the current liability routeDetermine domestic law or the applicable international convention, current limits, defences, notice requirements, jurisdiction and time bars.
Curated resources
Open the asset that matches this job.
No canonical deep guide is assigned yet. Use this route for orientation and continue to local context or qualified counsel.
Helpful to prepare
Facts that make the next conversation clearer.
These items are orientation aids, not a legal requirement list.
Counsel hand-off
What to bring when you instruct
This topic route organises the national legal question. It does not decide rights, strategy, liability, approval outcome or procedural result on the facts. Use qualified PRC counsel where fact-specific advice or representation is required.
Local context
Add the city only when it changes implementation.
Add city or province context only when the responsible authority, court, registration practice, permit process or local implementation changes after the national route is identified.
Open city and province guidesCounsel hand-off
Need qualified PRC counsel?
Transport counsel can connect the vehicle, vessel or aircraft, operator, route and cargo to the governing permits, liability rules and dispute forum.
Find counsel by practiceLegal review
Who reviewed this guide
Subject to editorial/legal review. No reviewer is assigned to this route.
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