2. APPLICATION OF CONDITIONS

(A) General

Nothing in these Conditions of Carriage or JAL's Regulations shall, unless permitted by the Convention and otherwise expressly provided herein, constitute a modification by JAL of any provision of, or waiver by JAL of any right granted to it by, the Convention.

(B) Applicability

To the extent not in conflict with the Convention and except in case JAL's conditions of Carriage applicable exclusively to its own domestic services by charter flight apply, these Conditions of Carriage shall apply to any Carriage by Charter Flight for Passengers, Baggage and/or Cargo and any service incidental thereto, each to be performed or provided by JAL at Charges established in connection with these Conditions of Carriage, and shall constitute terms and conditions and provisions under which JAL performs or undertakes to perform such charter flight to the same extent as if these Conditions of Carriage were included as terms and conditions and provisions in the charger agreement, Ticket or Air Waybill and expressly agreed to by the Charterer, Passengers and Shippers.

(C) Gratuitous Carriage

With respect to gratuitous Carriage by Charter Flight, JAL reserves the right to exclude the application of any provisions of these Conditions of Carriage.

(D) Change of Conditions of Carriage or JAL's Regulations

Except as will be prohibited by Applicable Laws, JAL may change, modify or amend any provision of these Conditions of Carriage or of JAL's Regulations without prior notice; provided that no contract of Carriage by Charter Flight shall be subject to such change, modification or amendment made after the Carriage by Charter Flight to be performed pursuant to such contract commences.

(E) Applicable Conditions

All Carriage by Charter Flight for Passengers, Baggage and/or Cargo shall be subject to these Conditions of Carriage and JAL's Regulations in effect as of the date of commencement of the Carriage by Charter Flight.