CONDITION OF CARRIAGE (INTERNATIONAL PASSENGERS AND BAGGAGE)
Effective 23 August, 2011
19. TIME LIMITATIONS ON CLAIMS AND ACTIONS
(A) Time Limitation on Claims
- 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:
- it was not reasonably possible for him/her to give such notice;
- such notice was not given due to fraud on the part of JAL; or
- JAL had knowledge of the damage to the Passenger's Baggage.
(B) Time Limitation on Actions
- Any right to damages 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 aircraft ought to have arrived, or from the date on which the Carriage stopped.
20. OVERRIDING LAW
- Any provision contained or referred to in a Ticket 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.
21. MODIFICATION AND WAIVER
- No representative, officer, employee or agent of JAL shall have authority to alter, modify or waive any provision of the contract of Carriage or of these Conditions of Carriage or JAL's Regulations.