JAL International Flights - CONDITIONS OF CARRIAGE BY CHARTER FLIGHT

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

Effective 30th December, 2009

CHAPTER I. GENERAL

1.: DEFINITIONS
2.: APPLICATION OF CONDITIONS
3.: CHARTER AGREEMENT
4.: FLIGHT ROUTE AND SUBSTITUTION OF AIRCRAFT
5.: SCHEDULES, DELAYS AND CANCELLATIONS OF FLIGHT AND LIABILITY
6.: SPACE AND WEIGHT LIMITATIONS
7.: CHARACTERISTICS OF AIRCRAFT
8.: CREW IN CHARGE
9.: FALSE REPRESETATIONS AND OTHER VIOLATIONS BY CHARTERER
10.: NECESSARY ARRANGEMENT BY CHARTERER
11.: LIST OF PASSENGERS AND DESCRIPTION OF PROPERTY

CHAPTER II. CHARTER PRICE AND OTHER CHARGES

12.: CHARTER PRICE
13.: ACCESSORIAL SERVICES AND CHARGES
14.: APPLICABLE CHARTER PRICE AND OTHER CHARGES
15.: CANCELLATION CHARGES AND INDEMNITY
16.: CHARTER PRICE AND OTHER CHARGES IN CASE OF CANCELLATION AND TERMINATION

CHAPTER III. PASSENGERS AND BAGGAGE

17.: TICKETS
18.: REFUSAL AND LIMITATION OF CARRIAGE
19.: BAGGAGES
20.: GROUND TRANSFER SERVICES
21.: HOTEL ACCOMMODATION, ARRANGEMENTS MADE BY JAL AND INFLIGHT MEALS
22.: ADMINISTRATIVE FORMALITIES

CHAPTER IV. CARGO

23.: EXECUTION OF AIR WAYBILL
24.: PAYMENT OF CARGO CHARGES
25.: ACCEPTABILITY OF CARGO FOR CARRIAGE
26.: SHIPMENTS IN TRANSIT
27.: SHIPPER'S RIGHT OF DISPOSITION OF SHIPMENT
28.: DELIVERY
29.: CARGO ATTENDANTS
30.: FORWARDING AND REFORWARDING
31.: TERMINAL SERVICE CHARGES

CHAPTER V. LIABILITY

32.: APPLICABLE LAWS
33.: LIMITATION OF LIABILITY ON PASSENGERS AND BAGGAGE
34.: LIMITATION OF LIABILITY ON CARGO
35.: APPLICATION TO AGENT
36.: TIME LIMITATION ON CLAIMS AND ACTIONS
37.: OVERRIDING LAW
38.: MODIFICATION AND WAIVER

16. CHARTER PRICE AND OTHER CHARGES IN CASE OF CANCELLATION AND TERMINATION

(A) Refund Amount

Unless otherwise specifically provided in these Conditions of Carriage, JAL will refund the charter price and other charges and expenses collected, in the event of cancellation of charter agreement before the commencement of charter flight. In the event of termination of charter flight after the commencement of charter flight, unless otherwise provided in these Conditions of Carriage, the charter price and other charges and expenses for the transportation performed will be the sum of flight and ferry charges for the transportation performed, calculated in the manner provided by JAL plus other charges and expenses (including layover, landing, parking, hangar, ground service and dispatch service and other accessorial service charges) actually paid or incurred by JAL for the transportation performed and the charter price and other charges and expenses shall be adjusted by such sum; provided, however, valuation charges shall not be refunded after the charter flight has commenced.

(B) Currency

All refunds will be subject to Applicable Laws of the country in which charter price and other charges and expenses were paid and of the country in which the refund is being made. Subject to the foregoing provisions, refunds will be mad, at the option of JAL, in the currency in which the charter price and other charges and expenses were paid, or in lawful currency of Japan or of the country where the refund is made or in the currency of the country in which the charter price and other charges and expenses were paid, in an amount equivalent to the amount due in the currency in which the charter price and other charges and expenses were collected.

(C) Refund Handling

JAL will make refund through its general accounting office or regional sales or accounting offices, and will require prior written applications for refunds to be prepared by charterer, passengers, shipper, consignee or owner on form approved by JAL.

(D) Person to Whom Refund is made

Refunds of charter price and other charges and expenses shall be made to the person who paid them to JAL.