3. CHARTER AGREEMENT

No carriage by charter flight shall be performed unless a written charter agreement, in the form prescribed by JAL, is executed by the charterer and JAL.
Except for inclusive tour charters, a charterer shall submit a written charter application to JAL and get its approval before the execution of the charter agreement. The charter application approved by JAL shall be made a part of the charter agreement at the execution of such agreement.

4. FLIGHT ROUTE AND SUBSTITUTION OF AIRCRAFT

(A) Selection of Flight Route

JAL shall have the right to select the flight route for the charter flight; provided however, that the shortest route which, in the opinion of JAL, is safe and feasible, will be followed.

(B) Substitution of Aircraft

In the event it is impossible for JAL to provide the charter the type of aircraft specified in charter agreement, JAL may without any notice and without any liability effect the transportation by means of an aircraft of another type or arrange for the substitution of another air carrier who will effect the transportation in question on behalf of JAL by means of one of their aircraft of the same type or of a type other than that stipulated in charter agreement. In the event JAL substitutes a different aircraft from the aircraft originally chartered, the charges shall in no event be higher than the applicable charges for the aircraft originally chartered; however, if an aircraft is substituted for which charges are less than the applicable charges for the aircraft originally charted, such lower charges shall apply. The charterer shall indemnify and hold JAL harmless from claims by passengers, shippers, consignees or other persons having any interest in the charter flight pursuant to such charter agreement, arising out of or in connection with such substitution of air carrier or type of aircraft.

5. SCHEDULES, DELAYS AND CANCELLATIONS OF FLIGHT AND LIABILITY

(A) Schedules

JAL undertakes to use its best efforts to carry a Passenger, his/her Baggage and Cargo with reasonable dispatch and to adhere to published schedules in effect on the date of travel; provided that the operation schedules of the charter flight set forth in Charter Agreement shall be just scheduled but not guaranteed.

(B) Cancellations

JAL may, without prior notice(in case item (f) below applies, with a prior notice to the Charterer more than 25 Days before the scheduled departure time of the charter flight), cancel, terminate, divert, postpone, advance or delay any charter flight or proceed with any charter flight without all or any part of the Passenger, Baggage and/or the Cargo or determine if any take-off or landing should be made, without any liability of any kind to the Charterer, Passenger, Shipper, Consignee and any other person having any interest in the charter flight;

(a)

because of any fact beyond JAL's control (including, but not limited to, Force Majeure such as meteorological conditions, acts of God, strikes, riots, civil commotions, embargoes, airport slot limitations, wars, hostilities, disturbances or unstable international relations) whether actual, threatened or reported or because of any delay, demand, condition, circumstances or requirement directly or indirectly relating to such fact;

(b)

because of any fact not to be foreseen, anticipated or predicted;

(c)

because of any Applicable Laws;

(d)

because of shortage of labour, fuel or facilities or labour problems of JAL or others;

(e)

because of mechanical or operational difficulties related to the safety of chartered aircraft; or

(f)

because total Number of Contracted Seats of a chartered aircraft does not exceed a fixed number as provided by JAL (applicable only to Inclusive Tour Charter Transportation).
In the event of such cancellation before the commencement of such charter flight, JAL shall refund the sum deducting charges and expenses actually incurred by JAL for such charter flight from the charter price and other Charges and expenses collected. In the event of such termination after the commencement of the charter flight, the charter price and other charges and expenses for the transportation performed shall be calculated in accordance with Article 16 and the difference will be refunded.