35. APPLICATION TO AGENT

Except as the Convention or Applicable Laws may otherwise provide, any exclusion or limitation of liability of JAL under these Conditions of Carriage and JAL's Regulations shall also apply to any of JAL's representatives, officers, employees or agents performing their respective duties and to any person or entity whose aircraft is used by JAL for Carriage and any of its representatives, officers, employees or agents performing their respective duties. The aggregate amount of the damages payable by JAL or its representatives, officers, employees or agents shall not exceed the amount of JAL's limitation of liability under these Conditions of Carriage.

36. TIME LIMITATION ON CLAIMS AND ACTIONS

(A) Time Limitation on Claims and Actions for Passengers

(1)

No claim for damage may be made in the case of damage to Baggage, unless the person entitled to delivery complains to an office of JAL forthwith after the discovery thereof and no later than 7 Days from the date of receipt; and, in the case of delay or loss, unless the complaint is made no later than 21 Days from the date on which the Baggage has been (in the case of delay) or should have been (in the case of loss) placed at his/her disposal. Every complaint must be in writing and dispatched within the time aforesaid. In case Carriage is not "International Carriage" as defined in the Convention, failure to give such notice of complaint shall not prevent a claimant's filing a suit if the claimant proves that:

(a)

it was not reasonably possible for him/her to give such notice;

(b)

such notice was not given due to fraud on the part of JAL; or

(c)

JAL had knowledge of the damage to the Passenger's Baggage.

(2)

Any right to damages of a Passenger and Baggage against JAL shall be extinguished unless an action is brought within 2 years reckoned from the date of arrival at the Destination, from the date on which the chartered aircraft ought to have arrived, or from the date on which the Carriage by Charter Flight stopped.

(B) Time Limitation on Claims and Actions for Cargo

(1)

 

(a)

Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie evidence that the same has been delivered in good condition and in accordance with the contract of carriage.

(b)

No action shall be maintained in the case of destruction of or damage to the cargo unless a written notice, sufficiently describing the cargo concerned, the approximate date of the destruction or damage and the details of the claim, is presented to an office of JAL within 14 days from the date of receipt thereof, in the case of delay unless presented within 21 days from the date the cargo is place at the disposal of the person entitled to delivery of the shipment, and in the case of loss (including nondelivery) unless presented within 120 days from the date of issuance of the air waybill.

(c)

All claims other than provided in (b) above except any claims relating to personal injury or death, must be made in writing within 270 days from the date of issuance of the air waybill.

(2)

Any right to damages of cargo against JAL shall be extinguished unless an action is brought within 2 years after the occurrence of the events giving rise to the claim.

37. OVERRIDING LAW

Any provision contained or referred to in a Ticket or an Air Waybill or in a Charter Agreement or in these Conditions of Carriage or JAL's Regulations shall, even if it is in violation of Applicable Laws and is invalid, remain valid to the extent not in conflict with Applicable Laws. The invalidity of any provision shall not affect any other provision.

38. MODIFICATION AND WAIVER

No representative, officer, employee or agent of JAL shall have authority to alter, modify or waive any provision of the contract with a Passenger and a Shipper for Carriage of a Passenger, Baggage and/or Cargo or of these Conditions of Carriage or JAL's Regulations.