Currently, the way pets travel by air is as follows:
Currently, almost all airlines require pets to travel as checked baggage. Even though a very few airlines allow small pets to travel in the cabin with their owners, most larger pets (according to each airline's regulations) still need to be checked as baggage. Checked baggage means placing pets in approved pet carriers and stowing them in the cargo hold at the rear of the aircraft. Although these cargo holds have pressurization and heating capabilities to protect cargo from extreme low temperatures outside the aircraft (temperatures at high altitudes can reach minus forty degrees Celsius), they do not have cooling capabilities. This is because cargo holds are not designed to transport live animals. Later, we will explore the potential impact of this situation on pets placed in cargo holds.
Examples of Pet Air Transport and Transport Accidents:
As more and more people choose to travel abroad with their pets, related safety issues are becoming increasingly prominent. In recent years, there have been several notable incidents of pets dying during transportation. The following real-life cases further highlight the urgency and necessity of the proposal:
Japan Airlines Collision Incident:
On January 2, 2024, Japan Airlines flight JAL516 collided with a Japan Coast Guard aircraft and caught fire after takeoff from New Chitose Airport in Hokkaido, Japan, en route to Haneda Airport. While all 367 passengers and 12 crew members on board successfully evacuated, two pets checked as cargo were not rescued. In this disaster, a grieving passenger lamented, "I'm sorry to have let my beloved cat die alone."
Dog Transported as Cargo Dies from Overheating in Taiwanese Quarantine Van:
Mr. Fang, who used to enjoy a happy life with his dog Ruby, was forced to end it on Ruby's fourth birthday. On March 20, 2023, they flew from Xiamen and landed at Taoyuan Airport in Taiwan with hopes for a new life. Due to airline regulations requiring pets to be checked as cargo, Ruby had to endure the long journey alone in the unfavorable environment of the aircraft's cargo hold. Upon arrival at Taoyuan Airport, Ruby had to immediately board a quarantine van to go to the "Guanyin Quarantine Center" for a seven-day quarantine. Unfortunately, Ruby suffered severe heatstroke due to the high temperature inside the quarantine van, compounded by the veterinarian at the quarantine station failing to promptly seek medical treatment, resulting in Ruby's untimely death. The poor conditions of the aircraft's cargo hold, serious transportation issues with the quarantine van, and the veterinarian's delay in treatment caused Mr. Fang to bid farewell to his beloved dog within just three hours of arriving in Taiwan, a pain he will never be able to erase.
Siberian Husky Dies in Air France-KLM Cargo Hold:
On March 21, 2019, a woman and her Siberian Husky boarded Air France-KLM flight 601 from Amsterdam, Netherlands, to Los Angeles, USA. Due to the pet's weight exceeding Air France-KLM's regulations, the Husky had to remain alone in the cargo hold (passengers traveling with pets weighing more than 17 pounds [approximately 7.7 kilograms] are required by the airline to place them in the cargo hold). Unfortunately, after a 10-hour and 45-minute flight, when the flight arrived in Los Angeles, the woman went to retrieve her beloved dog from the cargo hold only to find that the Husky had died from lack of oxygen in the cargo hold, leaving her in tears and unable to accept this cruel reality.
Cat Crushed during Cargo Transport:
In May 2017, a couple from Taichung moved to Hong Kong for work and brought their beloved cat with them. They experienced an unimaginable tragedy during the process. They boarded a China Airlines flight, only to receive a notification that their cat had inexplicably escaped from its carrier before being loaded into the aircraft's cargo hold and was crushed by a ground operations vehicle on the tarmac. This incident was devastating for them, and they could not accept the sudden loss.
These four heartbreaking stories are just a small part of countless similar incidents. Such incidents continue to occur, underscoring the importance of urgently improving pet transportation safety measures. Therefore, we strongly urge relevant parties to take proactive measures to prevent similar tragedies from happening again.
Definition of Pets by Airlines and Their Policies:
Most airlines treat pets as special "luggage" or "cargo" and handle them accordingly, charging based on their weight and placing them in the cargo hold. During this process, each owner is required to sign a transport agreement, which includes acknowledgment of the inability to regulate the temperature in the cargo hold and waiving the right to hold the airline responsible for the pet's safety.
From the airline's corporate perspective, their decisions regarding how pets are handled may be based on several main reasons:
Transport Safety and Cargo Suitability: The design of the cargo hold is originally intended for the safe transport of non-living items. Airlines' decision to place pets in the cargo hold is often based on the existing conditions of these cargo holds, considering them suitable for living animals, albeit not ideal. While most airlines strive to ensure basic safety in the cargo hold, such as pressurization and basic temperature control, these conditions are still not as ideal as in the cabin.
Legal and Liability Constraints: By requiring owners to sign a transport agreement, airlines to some extent limit their liability for any accidents involving pets. This practice helps airlines manage risk, but it also raises concerns about animal welfare and consumer protection.
Operational Procedures: Handling pets as cargo allows airlines to manage animal transportation within their existing logistics and transportation systems, even though this method may not necessarily cater to the special needs of animals optimally.
When airlines may potentially overlook the welfare of animals for their own benefit, we seriously question the reasonableness and humanity of their transportation policies. Furthermore, if the risk of placing animals in the cargo hold is not significant, airlines would not need to require passengers to sign waivers releasing them from liability.
Pets are different from regular cargo; they are living beings with continuous breathing and emotions. Any small mistake—whether it's a problem with air pressure, abnormal temperatures, or physical impact—could jeopardize their lives. Subjecting them to fear and pain alone in a shipping crate is unacceptable for pet owners. Pets are not just companions; they are part of the family. A loving owner cannot bear to see them suffer unnecessary pain and risk during transportation.
When pet owners sign that heart-wrenching consent form and entrust their beloved pets to the airline, they are filled with endless worry and anxiety. Owners are not only concerned about whether their pets will safely reach their destination but also anxiously question how they will endure that long and potentially risky journey in the inadequately cared-for and protected cargo hold.
National airlines placing pets in cargo holds and their unfair clauses violate the principle of equal reciprocity:
When Taiwanese nationals travel to and from Taiwan and choose to fly with national airlines, current regulations only allow pets to be placed in cargo holds. This clearly violates the principle of equal reciprocity in the Consumer Protection Act. Government agencies should urgently intervene to reform pet transportation terms, ensuring the safety of pets and reducing the unnecessary stress and suffering they endure during travel.
According to Article 12, Paragraph 1, Paragraph 2, Item 1 of the Consumer Protection Act and Article 14, Paragraph 1, Item 2 of the Enforcement Rules of the Consumer Protection Act, unfair terms are explicitly invalidated, especially those that violate the principle of equal reciprocity or expose consumers to risks beyond their control. Pet transportation is controlled by airlines, placing pets in cargo holds and exempting related responsibilities, which exposes consumers to risks beyond their control, clearly unfair and violating the principle of equal reciprocity.
The Animal Protection Act clearly outlines requirements for transporting animals, emphasizing consideration for their diet, environment, and safety to prevent fear, pain, or harm to animals. During transportation, there should be dedicated personnel responsible for care, and transportation vehicles must comply with standards for animal comfort and safety. Article 22 of the Civil Aviation Act stipulates that airlines should ensure the safety, promptness, and timely transportation of passengers and their carry-on items.
The International Air Transport Association (IATA) also notes that transporting live animals is a complex, highly interactive process, and misunderstandings by carriers or government regulations can have disastrous consequences. For dogs or cats traveling in the cabin, it is recommended not to use sedatives/tranquilizers, as this can reduce the animal's ability to cope with stress during transportation.
Here is the content of the relevant laws and guidelines from the International Air Transport Association (IATA):
Consumer Protection Act Article 12, Paragraph 1, Paragraph 2, Item 1, and Enforcement Rules of the Consumer Protection Act Article 14, Paragraph 1, Item 2 stipulate: "Terms in standardized contracts that violate the principle of good faith and are obviously unfair to consumers shall be deemed invalid." "A term in a standardized contract is presumed to be obviously unfair if it violates the principle of equal reciprocity." "In standardized contract terms, the following situations constitute a violation of the principle of equal reciprocity: 2. Imposing risks on consumers beyond their control." Since pet transportation is operated by airlines, and pets are placed in cargo holds while airlines unilaterally exclude themselves from responsibility for situations such as pet deaths, consumers bear risks beyond their control, which is unfair, violates the principle of equal reciprocity, and is obviously unfair to consumers. Therefore, the contractual terms should be invalid.
Animal Protection Act Article 9 stipulates: "When transporting animals, attention should be paid to their food, water, excretion, environment, and safety, and animals should be prevented from being frightened, suffering, or harmed."
Animal Protection Act Article 18: "Animal transportation should pay attention to its safety and should not abuse animals in any way that may cause them injury or suffering, nor should animals be frightened or subjected to excessive pressure resulting in injury."
Animal Protection Act Articles 24 to 30: "Animals shall not be subjected to injury, death, or the risk of suffering or harm due to stress, suffocation, hunger, thirst, illness, cold, heat, humidity, sudden turns, etc. Vehicles, ships, and aircraft used for animal transportation shall comply with standards for animal comfort and safety. Relevant authorities shall formulate transportation regulations, provide animals with necessary food, water, and safety protection measures, assign personnel to care for and feed them, regularly inspect their health, and formulate transportation standards to ensure animal welfare and improve transportation facilities standards."
Regulations for the Management of Animal Transportation Article 6: "During the process of animal transportation, the transporter shall inspect the container before transporting the animal to ensure compliance with relevant regulations. The transporter shall also ensure the safety and comfort of the animal in the container, such as providing adequate water and food, avoiding prolonged stays, and considering weather conditions."
Civil Aviation Act Article 22 stipulates: "When providing services, civil aviation carriers shall ensure the safe, prompt, and timely transportation of passengers, cargo, and mail."
Civil Code Articles 634 and 657 stipulate: "The obligation of the carrier shall be to deliver the goods to the destination within the agreed time and to deliver the goods safely, ensuring both "punctuality" and "safety" in the transportation of goods."
According to the explicit statement by the International Air Transport Association (IATA):
Live animal transport is a complex, high-touch process involving everyone from the shipper to freight forwarders to airline staff, including the handlers. Inappropriate container use or misunderstanding carrier or government regulations can have catastrophic consequences.
It is advised against sedation or tranquilization for dogs or cats traveling in the cabin. There is considerable risk in sedating animals transported by air, as tranquilizers reduce the ability of the animals to respond to stress during transportation.
Every minute and every second for pets in the cargo hold is a struggle for survival.
Pets need to adapt to severe physical and psychological changes.
Many pilots and aviation professionals have personally confirmed that placing pets in the cargo hold is a gamble with their lives.
If pets can only be placed in the cargo hold, it is undoubtedly a significant challenge for them.
Providing pet-friendly national airline flights:
To address the increasing awareness of animal welfare in society and meet the needs of pet owners, the government should establish pet-friendly flights for public air transport. These flights will provide shared cabin space for pets and their owners, including comfortable resting areas for pets, safe activity areas, and necessary hygiene facilities. Additionally, these flights will ensure the health and comfort of pets during the journey, providing peace of mind for pet owners.
To ensure the smooth operation of these services, pet owners must adhere to the following regulations to ensure the safety and comfort of all passengers:
Vaccination certificates: All pets must have records of rabies vaccination before boarding. Hygiene and cleanliness: Pets should be clean and odor-free before boarding, and appropriate diapers should be worn during the flight to maintain cabin cleanliness. Behavior training: Pets should undergo basic behavior training to avoid displaying aggressive or excessively anxious behavior during the flight.
These regulations should be discussed and determined jointly by government representatives, airlines, and pet owner representatives in tripartite negotiations. Such dialogues will help develop rules that are fair and beneficial to all parties while ensuring the welfare of all passengers and pets. Through this collaboration and dialogue, we can create a safer, more comfortable, and pet-friendly flying environment, allowing both people and pets to enjoy a pleasant travel experience.