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CONDITIONS OF CARRIAGE BY CHARTER FLIGHT (INTERNATIONAL PASSENGERS, BAGGAGE AND CARGO)

Effective 30th December, 2009

CHAPTER I. GENERAL

1. DEFINITIONS

"Advance Arrangement" means any special arrangement between the charterer or shipper, and JAL, made prior to tender of the shipment.
"Agreed Stopping Places" means those places, other than the place of departure and the Destination, set forth in a Ticket or an Air Waybill as scheduled stopping places on the Passenger's route, or shown in a charter contract.
"Air Waybill", which is equivalent to air consignment note, means the non-negotiable document entitled "Air Waybill/Consignment Note" made out by shipper or JAL or charterer on behalf of the shipper which evidences the contract between shipper and JAL of carriage of cargo over the routes of JAL pursuant to charter agreement.
"Applicable Laws" means such laws, cabinet orders and ministerial ordinances and other governmental regulations, rules, orders, demands or requirements of any state or country as will apply to Carriage of a Passenger, Baggage and/or Cargo to be performed by JAL.
"Authorised Agent" means a sales agent appointed by JAL to represent JAL in the sale of Carriage by Charter Flight over JAL's services.
"Baggage" means such articles, effects and other personal property of a Passenger as are necessary or appropriate for wear, use, comfort or convenience in connection with his/her travel. Unless otherwise specified, it includes both Checked and Unchecked Baggage of the Passenger.
"Baggage Check" means such portion of a Ticket as provides for Carriage by Charter Flight of Checked Baggage and as is issued by JAL as receipt of such Checked Baggage.
"Baggage Identification Tag" means a document issued by JAL solely for the purpose of identification of Checked Baggage and consisting of two portions: the Baggage tag portion which is attached by JAL to a particular article of Checked Baggage and the Baggage claim stub which is given to the Passenger.
"Charges" means an amount to be paid for carriage by charter flight based on the applicable charges for such carriage or an amount to be paid for special or incidental services in connection with such carriage.
"Cargo", which is equivalent to the term goods, is anything carried or to be carried in a chartered aircraft, other than mail or baggage.
"Carriage by Charter Flight" means carriage of a Passenger, Baggage and/or Cargo by air, gratuitous or for reward, pursuant to the Charter Agreement.
"Charter Agreement" means an agreement between charterer and JAL concerning the chartering of a whole or any portion of aircraft equipped and manned with crew for one or more determined trip or trips, pursuant to which JAL contracts with passenger or shipper for carriage of passengers, baggage or cargo by charter flight.
"Charter Application" means an application for charter flight completed and signed by the charterer in the form prescribed by JAL, by which JAL checks and confirms the charter's eligibility for charter flight in accordance with the terms and provisions of the Charter Regulations approved by Ministry of Land, Infrastructure and Transport, Japan and in respect of the statements of which the charterer warrants to be true and correct to the best of his knowledge and belief. The Charter Regulations may be inspected at any of JAL downtown offices and its offices at any airport from which JAL operates regular services.
"Charterer" means any person whose name appears on charter agreement as the party contracting with JAL. Any action taken by the charterer in respect of passenger tickets, baggage checks or air waybill shall be deemed to be done as agent for the passenger or shipper.
"Checked Baggage" means Baggage of which JAL takes custody and for which JAL issues a Baggage Check and Baggage Identification Tag.
"Child" means a person who has reached his/her second birthday but not his/her twelfth birthday as of the date of commencement of Carriage.
"City Terminal Service" means the surface carriage of shipment between JAL's city handling station and the airport of departure or destination, as the case may be.
"Consignee" means the person whose name appears on the air waybill as the party to whom the shipment is to be delivered by JAL.
"Convention" means whichever of the following instruments applicable to the contract of Carriage:
"Convention for the Unification of Certain Rules Relating to International Carriage by Air", signed at Warsaw on 12th October, 1929 (hereinafter referred to as "Warsaw Convention");
"Warsaw Convention as amended at The Hague in 1955" signed at The Hague on 28th September, 1955 (hereinafter referred to as “Warsaw Convention as amended at The Hague”);
"Warsaw Convention" as amended by Additional Protocol No.1 of Montreal 1975 ;
"Warsaw Convention as amended at The Hague" as amended by Additional Protocol No.2 of Montreal 1975;
"Warsaw Convention as amended at The Hague" as amended by Protocol No.4 of Montreal 1975 (hereinafter referred to as “Warsaw Convention as amended at Montreal”), and
"Convention for the Unification of Certain Rules for International Carriage by Air" done at Montreal on 28th May, 1999 (hereinafter referred to as the “Montreal Convention”).
"Custom consignee", which is equivalent to customs clearance agent, means a customs broker or other agent of the consignee designated to perform customs clearance services for the consignee.
"Days" means calendar days including all seven days of the week; provided that, for the purpose of calculating the number of days of a notice period, the day upon which such notice is dispatched shall not be counted and further provided that, for the purpose of notification in connection with the carriage of Cargo by charter flight, when the last day falls on Sunday, or a legal holiday, such Sunday or legal holiday shall not be counted.
"Delivery Service" means the surface carriage of inbound shipments from the airport of destination to the address of the consignee or that of his designated agent or to the custody of the appropriate government agency when required.
"Destination" means the ultimate stopping place shown in a Ticket or an Air Waybill.
"Electronic Coupon" means an electronic Flight Coupon or other value document held in JAL's database.
"Electronic Flight Coupon" means such form of Flight Coupon as is recorded in JAL's database.
"Electronic Ticket" means the Itinerary/Receipt and Electronic Flight Coupon issued by a Carrier or its Authorized Agent.
"Flight Coupon" means such portion of a Passenger Ticket (in the case of Electronic Ticket, the Electronic Flight Coupon) as indicates particular places between which the coupon is good for Carriage by Charter Flight for a Passenger.
"French Gold Francs" means French francs consisting of 65 1/2 milligrams of gold at the standard of fineness of nine hundred thousandths. 250 French gold francs shall be converted into 17 Special Drawing Rights.
"Inclusive Tour" means a journey by air organized by a tour operator, that includes arranged other transportations and hotel or any other housing accommodations.
"Inclusive Tour Charter Transportation" means carriage of passengers who make inclusive tour by charter flight under the Inclusive Tour Charter Regulations approved by the Ministry of Land, Infrastructure and Transport, Japan. The Inclusive Tour Charter Regulations may be inspected at any of JAL downtown offices and its offices at any airport from which JAL operates regular services.
"Infant" means a person who has not reached his/her second birthday as of the date of commencement of Carriage.
"International Carriage" means (except where the Convention is applicable) Carriage by Charter Flight in which, according to a contract of Carriage, the place of departure and, the Destination or Agreed Stopping Places, are situated in two or more countries. As used in this definition, the term "country", which is equivalent to "state", shall include any territory subject to its sovereignty, suzerainty, mandate, authority or trusteeship.
"Itinerary/Receipt" means a document or documents forming part of the Electronic Ticket which contains the information such as the itinerary, ticket information, a portion of the conditions of a contract of Carriage between JAL and a Passenger pursuant to the Charter Agreement and notices relating thereto.
"JAL" means Japan Airlines International Co., Ltd.
"JAL's Regulations" means JAL's rules and regulations, other than these Conditions of Carriage, for International Carriage of Passengers, Baggage and/or Cargo including, but not limited to, JAL's tables of Charges and Rates.
"Number of Contracted Seats" means all or any portion of the seat of an aircraft, the number of which JAL promised to make available to a charterer by a charter agreement.
"Passenger" means any person, except crew members, carried or to be carried in a chartered aircraft under the contract of carriage.
"Passenger Coupon" or "Passenger Receipt" means such coupon or receipt constituting a portion of a Ticket as is issued by JAL or its Authorized Agent and is marked with
"Passenger Coupon" or "Passenger Receipt", which document shall constitute a Passenger's written evidence of a contract of Carriage between JAL and a Passenger pursuant to the Charter Agreement.
"Passenger Ticket" means such portion of a Ticket as is issued by JAL or its Authorized Agent and as provides for Carriage by Charter Flight for a Passenger.
"Pick-up Service" means the surface carriage of outbound shipments from the point of pick-up to the airport of departure.
"Rate" means the amount charged by JAL for carriage of a unit of weight (or volume) or value of goods.
"SDR" mean Special Drawing Rights as defined by International Monetary Fund. Conversion of the SDR. sum into a national currency shall be made as follows:
(1)
In the case as defined in Article 34-(A) of these Conditions of Carriage, it shall be made at the exchange rate between the currency and SDR in effect on the date of issuance of the air waybill.
(2)
In the cases as defined in Article 33-(3), (4) and Article 34-(B)-(4) of these Conditions of Carriage, it shall be made, in the case of judicial proceedings, at the exchange rate between the currency and SDR in effect on the date of the final court hearing of such proceedings, and, in any other case, at the exchange rate between the currency and SDR in effect on the date on which the amount of the damages is finally fixed or on which the value of Baggage is declared.
"Shipment", which is equivalent to consignment, except as otherwise provided by JAL, means one or more pieces of goods accepted by JAL from one shipper at one time and at one address, receipted for in one lot and moving on one air waybill to one consignee at one destination address.
"Shipper", which is equivalent to consignor, means the person whose name appears on the air waybill as the party contracting with JAL for carriage of cargo pursuant to the charter agreement.
"Stopover" means such deliberate interruption of a travel by a Passenger, at a point between the place of departure and the Destination, as is agreed to in advance by the Carrier.
"Ticket" means either the document entitled "Passenger Ticket and Baggage Check" or the Electronic Ticket, in each case issued by JAL or its Authorized Agent for Carriage of a Passenger and/or Baggage, setting forth a portion of the conditions of a contract of Carriage by Charter Flight and notices relating thereto and containing Flight Coupon and Passenger Coupon or Passenger Receipt or Electronic Flight Coupon and Itinerary/Receipt.
"To Validate" means to stamp on a Passenger Ticket an indication that it has been duly issued by JAL or its Authorized Agent or, in the case of an Electronic Ticket, to register all of the Electronic Flight Coupon in JAL's database.
"Unchecked Baggage" means any Baggage other than Checked Baggage.

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