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Conditions of Carriage - Japan Transocean Air Co., Ltd.

Effective from April 1, 2014

CHAPTER 1-GENERAL PROVISIONS

RULE 1-DEFINITIONS

In these Conditions of Carriage:
"Domestic Air Carriage" means carriage by means of aircraft operated by Carrier, regardless of whether it is revenue or non-revenue carriage, and in respect to which, under the contract of carriage, the place of departure, the place of destination and any other place of landing are situated in Japan.
"Carrier" means Japan Transocean Air Co., Ltd.
"Carrier's Office" means an office of Carrier (including, but not limited to, a city office and an airport office), an office of the agent designated by Carrier and/or Carrier’s website on the Internet.
"Ticket" means a form of electronic document recorded in Carrier’s electronic database (hereinafter referred to as an "Electronic Ticket"), or paper document, issued by Carrier pursuant to these Conditions of Carriage such as provides for the carriage of passengers on Carrier's domestic lines.
"Authentication Code" means a confirmation number that can prove that the passenger has an Electronic Ticket, such as a JAL Mileage Bank Membership Number, a credit card number that was used for payment or any other number designated by Carrier.
"Exchange Order" means a document issued at Carrier's Office in exchange for which a Ticket shall be issued to the person named therein.
"Stopover" means such deliberate interruption of a journey by a passenger at a point between the place of departure and the place of destination as is agreed to in advance by Carrier.
"Baggage" means, unless otherwise provided for in special rules, such articles, effects and other personal property of a passenger as shall constitute either Checked or Unchecked Baggage of the passenger.
"Checked Baggage" means Baggage of which Carrier receives delivery and for which Carrier issues a Baggage Tag.
"Unchecked Baggage" means such Baggage of a passenger other than Checked Baggage as Carrier permits the passenger to carry into the cabin.
"Baggage Tag" means a document issued by Carrier solely for identification of Checked Baggage of a passenger and consisting of two portions: the Baggage tag portion attached by Carrier to a particular article of Checked Baggage and the Baggage claim stub given to the passenger.
"Excess Baggage Ticket" means a document issued by Carrier for the carriage of Baggage in excess of the free Baggage allowance provided by Carrier.

RULE 2-APPLICABILITY OF CONDITIONS OF CARRIAGE

  1. These Conditions of Carriage shall apply to any Domestic Air Carriage of passengers and Baggage to be performed, and any service incidental thereto to be provided, by Carrier.
  2. Carriage of a passenger and Baggage shall be subject to these Conditions of Carriage and rules and regulations provided by Carrier thereunder, each in effect on the date on which the passenger boards aircraft.
  3. A special agreement shall, if it is made with respect to a certain rule provided for in these Conditions of Carriage, be applicable notwithstanding such rule.

RULE 3-CHANGE OF CONDITIONS OF CARRIAGE, ETC.

Carrier may change, modify or amend any provision of these Conditions of Carriage or of rules and regulations provided by Carrier thereunder without prior notice.

RULE 4-PUBLICATION

These Conditions of Carriage as well as passenger fares, excess Baggage charges, various charges, timetables and other necessary information will be announced publicly at Carrier's Office.

RULE 5-CONSENT OF PASSENGER

A passenger shall be deemed to have acknowledged, and given consent to, these Conditions of Carriage and rules and regulations provided by Carrier thereunder.

RULE 6-GOVERNING LAW AND JURISDICTION

  1. These Conditions of Carriage shall be construed in accordance with, and any matter that is not provided for herein shall be subject to, the laws of Japan.
  2. Any dispute arising in connection with carriage performed under these Conditions of Carriage shall, whosoever is entitled to claim the damages and whatsoever is the legal basis for such claim, be subject to the jurisdiction of Japanese courts and the court proceedings shall be conducted in accordance with the laws of Japan.

RULE 7-CARRIER'S INSTRUCTIONS

A passenger shall observe Carrier's instructions given with respect to the passenger's boarding, deplaning and any other acts or conduct at airports or on board or with respect to the place of loading or unloading of his/her Baggage.

CHAPTER 2-CARRIAGE OF PASSENGERS
SECTION 1-TICKET

RULE 8-ISSUANCE AND VALIDITY OF TICKET

  1. Carrier will issue, at Carrier's Office, an Electronic Ticket, a paper Ticket or an Exchange Order upon receipt of the payment of the applicable fares and/or charges set forth by Carrier. Upon such issuance, a passenger shall inform Carrier of his/her name, age, sex and contact information (e.g., business phone, home phone, etc.) that Carrier may use to communicate with the passenger.
  2. Any Ticket or Exchange Order may be used only by the passenger named on such Ticket or Exchange Order and shall be non-transferable.
  3. Any Ticket of a passenger shall be invalid for carriage unless, in using the Ticket, the passenger complies with the conditions recorded in the electronic database of the Ticket (or, in the case of a paper Ticket, the conditions specified on such Ticket) (hereinafter referred to as "Reservation Data").
  4. In order for Carrier to confirm the validity of a Ticket, the passenger will be requested to present or declare his/her Authentication Code (in the case of a paper Ticket, presentation of the Ticket shall be required).

RULE 9-PERIOD OF VALIDITY

  1. A Ticket of a passenger containing in its Reservation Data the flight that the passenger is scheduled to board shall be valid exclusively for that flight.
  2. A Ticket which does not contain in its Reservation Data the flight that the passenger is scheduled to board shall, except in the case that Carrier otherwise provides for with respect to a Ticket to which Carrier applies special fares, be valid for 90 days from the day following the date of the issuance of such Ticket.
  3. The preceding two paragraphs shall apply mutatis mutandis to an Exchange Order; provided, however, that an Exchange Order containing in its Reservation Data the flight that the passenger is scheduled to board shall be exchanged for a Ticket not later than the scheduled boarding date. An Exchange Order that does not contain in its Reservation Data the flight that the passenger is scheduled to board shall be exchanged for a Ticket within 90 days from the day following the date of the issuance of such Exchange Order.
  4. A Ticket of a passenger shall be invalid unless the passenger boards the aircraft pursuant to the Ticket no later than the expiration of the period of validity of the Ticket.

RULE 10-EXTENSION OF PERIOD OF VALIDITY

  1. In the event that a passenger is prevented from traveling within the period of validity of a Ticket or Exchange Order by reason of illness or for any other reason or that Carrier is unable to either provide the passenger with his/her reserved seat or reserve a seat, the period of validity of the Ticket or Exchange Order may be extended for not more than 30 days after the date on which the period of validity of the Ticket or Exchange Order originally issued expires.
  2. In the event that the period of validity of a Ticket or Exchange Order of a passenger is extended pursuant to the preceding paragraph 1, the period of validity of the Ticket or Exchange Order of a person accompanying the passenger may be similarly extended.

RULE 11-SEAT RESERVATIONS

  1. A passenger shall make a seat reservation for a Carrier's flight in order to board the aircraft.
  2. If a passenger makes a seat reservation after the issuance of a Ticket or Exchange Order, the passenger shall present or declare his/her Authentication Code or present his/her paper Ticket or Exchange Order (hereinafter referred to as "Presentation of Authentication Code or Ticket") and have the reservation details recorded in Carrier's electronic database (or, in the case of a paper Ticket, have the details entered on the face of the paper Ticket).
  3. In requesting Carrier to cancel or change a seat reservation, Presentation of Authentication Code or Ticket shall be required. However, a reservation made to a passenger shall be non-transferable.
  4. Notwithstanding the preceding two paragraphs, Carrier may accept at Carrier's Office to be designated by Carrier a request for a seat reservation or for cancellation or change of a seat reservation without Presentation of Authentication Code or Ticket.
  5. A seat reservation made pursuant to the preceding paragraph 4 shall not be confirmed unless and until the passenger performs the Presentation of Authentication Code or Ticket not later than the time fixed by Carrier as the time by which the Ticket or Exchange Order shall be purchased. In the event that the passenger fails to perform the Presentation of Authentication Code or Ticket by such time, Carrier may, at any time and without prior notice, cancel the seat reservation and other onward seat reservations.
  6. Carrier may, except in the case that Carrier otherwise provides for with respect to a passenger paying a special passenger fare and charge, accept a request for a seat reservation for a flight not earlier than two months prior to the scheduled date of the flight.
  7. Carrier may, in the event that paragraph 2 of Rule 20 applies, cancel any onward seat reservation.
  8. The Carrier may, at its own discretion, cancel all of or a potion of a passenger's reservation if two or more seats are reserved for the same passenger and if:
    (1)
    the reservations are made for the flight or flights of the same sector of which each scheduled time of departure is the same of in proximity to each other; or
    (2)
    it is reasonably considered that the passenger can not use all of reserved seats.

RULE 12-SEAT ASSIGNMENT

Carrier may permit a passenger to reserve a specified seat on a flight in advance; provided, however, that Carrier may, without prior notice, change such seat due to a ship change or any other reason in operating the flight.

RULE 13-APPEARANCE OF PASSENGER

  1. In boarding a Carrier's flight, a passenger shall perform the Presentation of Authentication Code or Ticket with respect to which a seat reservation has been made at such place and by such time as are fixed by Carrier, request the necessary boarding procedures be completed, and arrive at the boarding place fixed by Carrier by such time as is fixed by Carrier.
  2. Carrier may refuse boarding of a passenger failing to appear by the time referred to in the preceding paragraph fixed by Carrier.
  3. In no case shall Carrier delay the departure of a flight to wait for a passenger failing to appear by the time fixed by Carrier pursuant to paragraph 1.

RULE 14-REFUSAL AND LIMITATION OF CARRIAGE

  1. Carrier may refuse boarding of, or remove at a stopping place's airport, any passenger, (upon which refusal or removal Carrier will make a refund to the passenger pursuant to paragraph 1 of Rule 20 and will collect no cancellation charge)and in such case his/her Baggage will be handled in the same way, if Carrier considers that:
    (1)
    such action is necessary for a reason of flight safety;
    (2)
    such action is necessary to prevent violation of any applicable laws or regulations or governmental request; or
    (3)
    the passenger or his/her conduct, age or mental or physical condition;
    (a)
    requires the special assistance of Carrier,
    (b)
    is seriously injured or ill, or is an unaccompanied child under the age of 8 years,
    (c)
    carries any weapons (excluding those carried by competent officers on duty), gunpowder, explosives, corrosives, inflammable items, articles which are likely to cause hazard or risk to the aircraft, passengers or property loaded, and articles and live animals inappropriate to carriage by aircraft,
    (d)
    may cause discomfort, or makes himself/ herself objectionable to other passengers,
    (e)
    may cause harm to himself/herself, or to other persons, or an aircraft or other property,
    (f)
    falls within the scope of paragraph 4 or 5 of Rule 27,
    (g)
    obstructs any staff of Carrier (or crewmember) in performing his/her duties or fails to comply with any instruction of any staff of Carrier (or crewmember),
    (h)
    uses mobile telephones, portable radios, electronic games or other electronic devices in aircraft cabin without Carrier's permission, or
    (i)
    smokes in aircraft cabin.
    In the case of sub-paragraph (3)(e)or(g)of this paragraph, Carrier may take such other measures as Carrier deems necessary to prevent the passenger from continuing such conduct, obstruction or act which measures shall include, but not limited to, restraint of the passenger.
  2. To ensure the presence of a passenger who can provide assistance in an emergency evacuation, Carrier may refuse carriage of a passenger in a seat in an emergency exit row of an aircraft and change his/her seat to another seat if Carrier recognizes that any of the following items applies to that passenger:
    (1)
    the passenger is under the age of 15;
    (2)
    the passenger has any difficulty in assisting in an emergency evacuation, or may cause any harm to his/her health if he/she assists in an emergency evacuation, due any physical, health or other reason;
    (3)
    the passenger cannot understand the evacuation procedures established by Carrier or the crew’s instructions; or
    (4)
    the passenger does not consent to providing assistance in an emergency evacuation.
    If a change is made when an additional fee determined by Carrier was applied, Carrier will refund the additional charge received and will not collect any cancellation charge.

RULE 15-LOSS OF PAPER TICKET

  1. In the event that a paper Ticket is lost by a passenger, the passenger shall be required to purchase a new Ticket for the portion of travel covered by the lost Ticket.
  2. In such cases as described in the preceding paragraph, in the event that the loss of the Ticket is notified to Carrier's Office (excluding the Carrier's website on the Internet) by the expiration of the refund period as defined under Rule 21, the Ticket will be refunded in accordance with the procedure as stipulated below if the lost Ticket is presented to Carrier not later than the expiration of the effective refund period ("Effective refund period" hereinafter means three months from the day following the expiration of the refund period.), or when Carrier has confirmed upon investigation conducted after the effective refund period of the lost Ticket that the Ticket was unused during the period of validity as defined under Rule 9 and was not refunded by the expiration of the refund period. Such refund shall be subject to the refund charges set forth in paragraph 1 of Rule 20.
    (1)
    Fares and charges paid for the lost Ticket shall be refunded, if a replacement Ticket is not purchased. However, cancellation charges will be collected in addition to the prescribed refund charges if cancellation charges set forth in paragraph 2 of Rule 20 are applicable.
    (2)
    Fares and charges paid for the replacement Ticket shall be refunded, if a replacement Ticket is purchased, unless otherwise stipulated by Carrier.
    (3)
    In the event that the passenger cancels the travel in the case of the preceding sub-paragraph (1) or (2), Carrier will make a refund in accordance with Rule 20.
  3. The preceding two paragraphs shall apply mutatis mutandis to a lost Exchange Order.
  4. In such cases as described in paragraphs 2 and 3 above, if the Ticket is refunded as a result of investigation conducted after the expiration of the effective refund period, 2,000 yen per Ticket or Exchange Order or 1,000 yen per charge slip will be collected as investigation charges in addition to refund charges and cancellation charges as applicable.

SECTION 2-FARES AND CHARGES

RULE 16-PASSENGER FARES AND CHARGES

  1. Passenger fares and charges, conditions of their application and the like are shown in Carrier's passenger tariff table according to the type of fares and charges.
  2. Passenger fares shall apply to the carriage from the airport at the place of departure to the airport at the destination.
  3. Passenger fares and charges shall include consumption tax (including local consumption tax.)

RULE 17-APPLICABLE FARES AND CHARGES

  1. Fares and charges applicable to and payable by a passenger with respect to a Carrier's flight shall be those in effect as of the date on which the passenger boards the flight; provided that, in the event that, after a passenger purchases a Ticket, the fares or charges applicable to the flight which the passenger is scheduled to board pursuant to the Ticket increase, the fares or charges applicable to the flight in effect as of the time of such purchase shall be the applicable fares or charges for the period of 2 months after the date on which such increase is effected.
  2. Notwithstanding the preceding paragraph, separately established fares by Carrier shall be those in effect as of the date of ticket issuance and applicable on the date the passenger is scheduled to board the flight.
  3. In the event that the fares or charges collected by Carrier from a passenger are different from the applicable fares or charges, Carrier will make a refund of, or collect from the passenger, the difference, as the case may be, except in cases that Carrier otherwise provides for with respect to any passenger paying a special fare and/or charges.

RULE 18-CARRIAGE OF NON FARE PAYING INFANTS

Carrier will accept that one passenger, paying a fare for adult and over 12 years of age, may be accompanied by one passenger of less than 3 years old who does not use his/her own seat (hereinafter referred to as an "Infant") without paying any fares for that Infant.

RULE 19-VOLUNTARY CHANGE BY PASSENGER

Carrier will, in accordance with the provisions set forth below, effect a change requested by a passenger with respect to the date, time, flight number, sector, routing or destination each designated in the Reservation Data of a Ticket or specified on the face of an Exchange Order (hereinafter referred to as the "Reservation Data of Ticket or Exchange Order") in accordance with the applicable conditions it separately stipulates for each type of passenger fares and charges.
Those passenger fares and charges, where voluntary rerouting is allowable and requests are made at Carrier's Office during its business hours and prior to the scheduled departure of the flight for which the Ticket is issued, shall be treated as follows, subject to availability of seats on the flight which the passenger desires to board. The passenger shall perform the Presentation of Authentication Code or Ticket at the Carrier's Office when making such requests.

(1)
Carrier will make a refund of, or collect from the passenger, any difference, as the case may be, between the amount of the fares and charges applicable to the entire sector after the change and the fares and charges actually collected by Carrier.
(2)
The fares and charges applicable upon the change shall be passenger fares and charges in effect as of the date on which the passenger boards the flight after the change; provided that, the proviso of paragraph 1 of Rule 17 shall apply mutatis mutandis in the event that the passenger fares and charges applicable to the flight increase.
(3)
The period of validity of the Ticket with respect to which the change is effected shall be that applicable as of the date on which the Ticket originally purchased was issued.
(4)
Cancellation of a reservation for a flight due to the change shall not be subject to the cancellation charge set forth in paragraph 2 of Rule 20.
(5)
In the event that any charge becomes applicable to or no longer applicable to the passenger due to the change, the charge will either be refunded to or collected from the passenger, as the case may be.

RULE 20-VOLUNTARY REFUND AND REFUND AND CANCELLATION CHARGES

  1. In the event that a Ticket or Exchange Order of a passenger is to be refunded at the passenger's request, Carrier will make a refund of the fares and charges collected by Carrier in connection with (i) the entire Ticket or Exchange Order if the refund is to be made with respect to the entire travel and (ii) part of the Ticket or Exchange Order less the fares and charges applicable to any route for which such Ticket or Exchange Order has been used if the refund is to be made with respect to a portion of the travel. Upon the refund, Carrier will collect from the passenger 430 yen per sector of the Ticket or Exchange Order as the refund charge.
  2. In the event that Carrier makes a refund, pursuant to the preceding paragraph, of a Ticket or Exchange Order with respect to which a seat is reserved, Carrier will collect from the passenger the cancellation charges set forth in Carrier's tariff table according to the type of passenger fares and charges paid.
  3. If the total amount of the refund charges and cancellation charges payable by the passenger under each of the preceding two paragraphs exceeds the amount of the fares and charges actually collected by Carrier, Carrier will collect from the passenger an amount up to the fares and charges actually paid.

RULE 21-REFUND PERIOD

Any refund of passenger fares or charges will be made in exchange for a Ticket or Exchange Order by not later than 10 days from the day immediately following the period of validity of the Ticket or Exchange Order expires.

RULE 22-CANCELLATION OR CHANGE BY CARRIER

  1. In the event that Carrier fails to perform all or a part of the contract of carriage for any reason other than that attributable to the passenger and except for those set forth in paragraph 5 of Article 41 (those reasons not so attributable and not so excluded are hereinafter referred to as "Carrier Reasons"), Carrier will take any one of the following measures set forth below at the passenger's option.
    (1)
    Carrier will carry the passenger and his/her Baggage to the first destination of the Reservation Data of Ticket or Exchange Order by one of the following methods, at Carrier's option:
    (a)
    on a flight of Carrier on which a seat is available;
    (b)
    on a flight of any other carrier on which a seat is available; or
    (c)
    by other transportation service.
    Even in the event that the passenger fares and charges after a change of a flight, routing, etc. exceed the amount to be refunded of the fares and charges applicable to the route to such first destination, Carrier will not collect such excess from the passenger. If the amount after the change is less than the amount to be refunded, Carrier will make a refund of the difference; provided, however, that such difference will not be refunded in the case where Carrier otherwise provides with respect to a particular Ticket or Exchange Order.
    (2)
    Carrier will make a refund. In this event, Carrier will make a refund of (i) the entire amount of the fares and charges collected by Carrier, if before the commencement of the travel, or (ii) the applicable fares and charges separately stipulated by Carrier with respect to the portion of the flight from the place of cancellation to the destination (or the scheduled Stopover place) as designated in the Reservation Data of Ticket or Exchange Order, if after the commencement of the travel.
    (3)
    Carrier will extend the period of validity of the unused sector.
  2. If the number of passengers holding a valid reservation on a flight and presenting themselves with the Presentation of Authentication Code or Ticket for check-in at Carrier's airport office within the required time limit exceeds the number of available seats on that flight and consequently Carrier is unable to offer seats to all of such passengers due to Carrier Reasons, Carrier will call for volunteers among them willing to surrender their valid reservation. In this case, Carrier will pay an amount predetermined by Carrier to those volunteers that have surrendered their valid reservation, or otherwise compensate for them, in addition to the arrangement as set forth in paragraph 1 of this Rule 22.

RULE 23-CANCELLATION OR CHANGE FOR REASONS OTHER THAN THOSE REQUESTED BY PASSENGER OR CARRIER'S REASONS

In the event that Carrier fails to perform all or a part of the contract of carriage for any reason set forth in paragraph 5 of Article 41, Carrier will take any one of the following measures set forth below at the passenger's option.

(1)
Before the commencement of the travel, Carrier will carry the passenger and his/her Baggage to the first destination of the Reservation Data of Ticket or Exchange Order on a flight of Carrier on which a seat is available. If the destination of the Reservation Data of Ticket or Exchange Order is changed after the commencement of the travel, Carrier will, at its option, arrange for carriage of the passenger and his/her Baggage to the first destination of the Reservation Data of Ticket or Exchange Order:
(a)
on a flight of Carrier on which a seat is available;
(b)
on a flight of any other carrier on which a seat is available; or
(c)
by other transportation service.
Even in the event that the fares and charges after a change of a flight, routing, etc. exceed the amount to be refunded of the passenger fares and charges applicable to the route to such first destination, Carrier will not collect such excess from the passenger. If the amount after the change is less than the amount to be refunded, Carrier will make a refund of the difference.
(2)
Carrier will make a refund. In this event, Carrier will make a refund of (i) the entire amount of the fares and charges collected by Carrier, if before the commencement of the travel, or (ii) the applicable fares and charges separately stipulated by Carrier with respect to the portion of the flight from the place of cancellation to the destination (or the scheduled Stopover place) as designated in the Reservation Data of Ticket or Exchange Order, if after the commencement of the travel.
(3)
Carrier will extend the period of validity of the unused sector.

RULE 24-UNAUTHORIZED BOARDING

Any of the acts set forth below shall constitute unauthorized boarding and shall be subject to the applicable fares and charges for the sector of unauthorized boarding plus twice the amount of the highest passenger fares and charges applicable at the time of boarding for that sector of unauthorized boarding; provided, however, that where the sector of unauthorized boarding cannot be ascertained, the above applicable fares and charges shall be computed from the place of departure of the flight.

(1)
To fail to perform the Presentation of Authentication Code or Ticket at the request of Carrier's personnel in charge, or to fly beyond the destination of the flight segment specified in the Reservation Data of Ticket or Exchange Order without an approval of the Carrier's personnel;
(2)
To board aircraft intentionally with an invalid Ticket; and
(3)
To board aircraft at a special treatment of a fare made on the basis of a false representation.

SECTION 3-BAGGAGE

RULE 25-CHECKED AND UNCHECKED BAGGAGE

  1. In the event that a passenger presents Baggage with a valid Presentation of Authentication Code or Ticket to Carrier at Carrier's airport office by the time designated by Carrier, Carrier will, in accordance with these Conditions of Carriage, accept the Baggage as Checked Baggage or admit it as Unchecked Baggage.
  2. In addition to the preceding paragraph, upon request by a passenger who is scheduled to transfer to a connecting flight of any other carrier (only if Carrier has entered into a contract regarding carriage of Baggage with such other carrier) departing from the destination of the Carrier's flight, Carrier will accept Baggage tendered by the passenger as Checked Baggage for the carriage on the connecting flight of the another carrier, if the passenger presents Baggage with a valid Ticket or Exchange Order for the Carrier's flight as well as a valid paper ticket or exchange order for the connecting flight of another carrier at the Carrier's airport office by the time stipulated by Carrier. In this case, Carrier will accept Baggage as Checked Baggage with the consent of the passenger as an agent of another carrier, pursuant to the conditions of carriage of such other carrier. Carrier shall not deliver the Checked Baggage to the passenger at the destination airport of the Carrier's line.
  3. Carrier will issue a Baggage Tag for Checked Baggage.

RULE 26-LOADING OF CHECKED BAGGAGE

Carrier will carry Checked Baggage of a passenger in the same aircraft as the passenger; provided, however, that Carrier may, if such carriage is deemed impracticable by Carrier because of the limitation of the weight of loading or other reasonable event, carry the Checked Baggage on any other flight in which the Checked Baggage can be loaded.

RULE 27-INSPECTION OF BAGGAGE

  1. Carrier may inspect the contents of a passenger's Baggage by opening it and/or by any other method in the presence of the passenger or a third person whenever Carrier deems such inspection necessary for the purpose of security (including, but not limited to, the prevention of unlawful seizure, control or destruction of aircraft) or for any other reason.
  2. Carrier may search any article worn or carried by a passenger by touching the passenger through his/her clothes and/or personal fittings or by using any instruments such as a metal detector whenever Carrier deems it necessary for the purpose of preventing unlawful seizure, control or destruction of aircraft.
  3. In the event that a passenger refuses Carrier's inspection referred to in paragraph 1, Carrier may refuse loading of the Baggage.
  4. In the event that a passenger refuses Carrier's search referred to in paragraph 2, Carrier may refuse boarding of the passenger.
  5. In the event that, as a result of the inspection or search referred to in paragraph 1 or 2, Carrier discovers within Baggage any article falling within carriage of which is prohibited or restricted by Rule 31, Carrier may refuse carrying into or loading of, or may make necessary disposal, of such article.

RULE 28-DELIVERY OF CHECKED BAGGAGE

  1. A passenger shall claim and receive his/her Baggage as soon as reasonably possible after it becomes receivable and check the Baggage Tag at the destination.
  2. The bearer of the Baggage Tag(s) issued to a passenger when his/her Baggage is checked shall be exclusively entitled to accept delivery of the Checked Baggage. A passenger should submit his/her Baggage claim stub(s) to Carrier.
  3. In the event that the passenger receive his/her Baggage pursuant to sub-paragraph 2,Carrier shall not be liable to compensate for any damage incurred by the bearer of a Baggage Tag in connection with Carrier's failure to ascertain whether the bearer is entitled to receive delivery of the Baggage.
  4. Checked Baggage shall be delivered only at the destination named in the Baggage Tag; provided, however, that Carrier may, at the request of the passenger, deliver the Checked Baggage at the airport of departure or at a stopping place's airport if time and circumstance permit.

RULE 29-LOSS OF BAGGAGE TAG

In the event that a passenger loses a Baggage Tag, Carrier may deliver the Baggage to the passenger in accordance with the procedure provided by Carrier if Carrier deems the person claiming delivery of the Checked Baggage is duly entitled to such delivery and if Carrier receives from such person a security to indemnify and hold harmless Carrier for and from any loss or damage that to Carrier may incur in connection with its delivery of the Checked Baggage to such person.

RULE 30-DISPOSAL OF UNDELIVERABLE BAGGAGE

In the event that Baggage of a passenger remains unclaimed for seven days after its arrival at the destination, Carrier may dispose of the Baggage as Carrier deems appropriate. The passenger shall be liable for any damage or expense incurred by Carrier in connection with such disposal.

RULE 31-PROHIBITED OR RESTRICTED BAGGAGE

  1. Carrier will not accept as Baggage without Carrier's approval any of the following articles,
    (1)
    articles that may endanger or cause any trouble to aircraft, persons or property loaded;
    (2)
    firearms, swords and other similar items, and explosives and other articles likely to cause combustion or ignition;
    (3)
    corrosive chemicals or liquids not contained in a proper container;
    (4)
    live animals;
    (5)
    corpses;
    (6)
    articles loading in aircraft or transfer of which is prohibited by applicable laws or regulations or governmental requests;
    (7)
    articles the volume, weight or number of which exceeds the limit fixed by Carrier;
    (8)
    articles that are not packed or packaged properly;
    (9)
    articles likely to be easily transmuted, wasted or destroyed; and
    (10)
    other articles which Carrier considers are unsuitable for carriage on an aircraft.
  2. Carrier will not accept as Unchecked Baggage any of the following articles.
    (1)
    cutting tools;
    (2)
    articles resembling guns and knives and articles resembling explosives (pistol-type lighters, grenade-type lighters, etc.); and
    (3)
    other articles that are considered by Carrier as possible weapons (bats, golf clubs, ice skate shoes, etc.).

RULE 32-ARTICLES OF HIGH VALUE

Any of platinum, gold and other precious metals, currency, bank notes, securities, stamps, jewelry, art works, antique articles or other articles of high value shall not be accepted as Checked Baggage for carriage.

RULE 33-FREE BAGGAGE ALLOWANCE

  1. The free allowance for Checked Baggage, excluding a wheelchair for the physically disabled passenger's own use, will be 20 kilograms for each passenger. The free allowance for Unchecked Baggage will be 10 kilograms for each passenger.
  2. The free Baggage allowance set forth in the preceding paragraph shall not apply to Infants who do not use their own seats.

RULE 34-CHECKED BAGGAGE

Checked Baggage is limited to the total weight of 100 kilograms. Each Baggage piece is limited to a maximum weight of 32 kilograms and maximum dimensions of 50 x 60 x 120 cm, unless otherwise stipulated by Carrier. Carrier will not accept Baggage in excess of these limits as Checked Baggage.

RULE 35-UNCHECKED BAGGAGE

  1. A passenger may carry into the cabin one article of baggage, provided that the total dimensions of the baggage, the sum of three dimensions, does not exceed 115 centimeters and can be safely stored either in an enclosed storage compartment or under the seat in front of the passenger. Passengers may not carry into the cabin any baggage which Carrier deems cannot be safely stowed in the cabin.
  2. In addition to paragraph 1, each passenger may carry in the cabin one bag such as a shopping bag for carrying personal effects and such.
  3. The total weight of Baggage carried in the cabin allowed in the preceding paragraphs 1 and 2 shall not exceed 10 kilograms per passenger.
  4. Notwithstanding the preceding paragraphs 1, 2 and 3, each passenger may carry the following articles in the cabin.
    (1)
    a child seat to be fixed to the seat and used by a child passenger during the flight (only those specified by Carrier);
    (2)
    a pair of crutches, a cane, braces and other prosthetic device for the physically disabled passenger's own use;
    (3)
    a seeing-eye dog, service dog or hearing dog accompanying a physically disabled passenger to assist such passenger;
    (4)
    an overnight bag or package containing articles necessary for childcare during the flight;
    (5)
    a baby-carrying basket; and
    (6)
    other articles permitted by Carrier
  5. Carrier shall not accept articles other than those defined in paragraphs 1, 2 and 4 above as Unchecked Baggage for carriage in the cabin.

RULE 36-PETS

  1. Carrier will accept carriage of pets accompanied by a passenger as Checked Baggage. The term "pets" used in this Rule 36 means domesticated small dogs, cats, birds, or the like.
  2. The pets specified in paragraph 1 shall not be subject to the free Baggage allowance set forth in Rule 33 and the passenger shall pay Carrier the charges per cage otherwise set forth by Carrier.

RULE 37-EXCESS BAGGAGE CHARGES

  1. For Checked Baggage weighing in excess of the free baggage allowance defined under Rule 33, excess Baggage charges shall be assessed and an Excess Baggage Ticket will be issued by Carrier in exchange thereof.
  2. Excess Baggage charges shall be as otherwise set forth by Carrier.

RULE 38-REFUND OF EXCESS BAGGAGE CHARGES

  1. In the event that a passenger cancels carriage of his/her Baggage not later than 20 minutes prior to the scheduled departure time, the full amount of the excess Baggage charges paid in connection with the canceled carriage shall be refunded.
  2. In the event that a passenger cancels carriage of his/her Baggage later than 20 minutes prior to the scheduled departure time or that Carrier ceases to carry the Baggage during the carriage at the request of the passenger, Carrier will not make a refund of the excess Baggage charges paid in connection with any onward route except in the case that Carrier fails to perform all or a part of the contract of carriage for Carrier Reasons.

RULE 39-EXCESS VALUE CHARGES

In the event that the total value of Baggage of a passenger and of his/her personal articles exceeds 150,000 yen, the passenger may declare such value, upon which declaration Carrier will, with respect to such excess, collect from the passenger the excess value charges in the amount of 10 yen per each 10,000 yen and any fraction thereof.

RULE 40-REFUND OF EXCESS VALUE CHARGES

  1. In the event that a passenger cancels the entire travel due to his/her own reason, Carrier will make a refund of the excess value charges collected by Carrier in connection with such canceled travel.
  2. In the event that a passenger cancels a portion (but not all) of the travel due to his/her own reason, Carrier will not make a refund of any excess value charges except in the case that Carrier is unable to perform all or a portion or the contract of carriage for Carrier Reasons.

SECTION 4-LIABILITY

RULE 41-LIABILITY OF CARRIER

  1. Carrier shall be liable for damage arising in connection with death or wounding of, or any other bodily injury suffered by, a passenger if the incident or accident causing the damage takes place on board or in the course of embarking or disembarking.
  2. Carrier shall be liable for damage arising in connection with destruction or loss of, or damage to, any Checked Baggage or any other article of a passenger of which Carrier takes the custody if the incident or accident causing the damage takes place during the period in which such Baggage or articles are in the custody of Carrier.
  3. Carrier shall not be liable for the damage set forth in paragraph 1 or 2 of this Rule 43 if it proves that it and its agents have taken necessary measures to avoid the damage or that it was impossible for it or them to take such measures. "Agent" or "agents" as used in this section means all persons employed by Carrier in respect of or related to the performance of the contract of carriage including, but not limited to, employees, agents, servants and contractors.
  4. Carrier shall be liable for damage arising in connection with destruction or loss of, or damage to, Unchecked Baggage or any other article carried or worn by a passenger only if it is proved that such destruction, loss or damage is caused by negligence of Carrier or its agent.
  5. Carrier may, without notice, change the scheduled time of or cancel, suspend or terminate any flight, change places of departure or destination, make emergency landings, limit the number of passengers on board, unload all or a part of loaded Baggage or take any other necessary measures because of any reason beyond Carrier's reasonable control such as laws or regulations and government order, security requirements (including, but not limited to, the prevention of unlawful seizure, control or destruction of aircraft), adverse weather, force majeure, labor dispute actions, riots, civil commotion and wars and shall not be liable for any damage arising as a result of taking such measures unless Carrier is held liable for such damage pursuant to paragraph 1, 2, 3 or 4 of this Rule 41.

RULE 42-INDEMNITY DUE TO INHERENT DEFECTS, ETC. OF BAGGAGE

Carrier shall not be liable for damage arising in connection with destruction or loss of, or damage to, any Checked Baggage or any other article of a passenger of which Carrier takes the custody if the damage is caused solely by any inherent defect, quality or fault of such Baggage or article.

RULE 43-CONTRIBUTORY NEGLIGENCE

If Carrier proves that damage was caused or contributed to by a willful misconduct or negligence of a passenger, Carrier shall be exempted from its liability to the passenger to the extent that such willful misconduct or negligence caused or contributed to the damage.

RULE 44-PASSENGER'S LIABILITY TO CARRIER

In the event that Carrier incurs any damage caused by a passenger's willful misconduct or negligence or by his/her failure to observe these Conditions of Carriage or any rule or regulation provided by Carrier thereunder, the passenger shall indemnify Carrier for such damage.

RULE 45-LIMITATION OF LIABILITY

  1. Carrier's liability in respect of carriage of Baggage shall not exceed the amount of 150,000 yen per passenger; provided, however, that, if a higher value is declared by a passenger with respect to his/her Baggage before commencement of the carriage and an excess value charge is paid pursuant to the provisions of Rule 39, the liability of Carrier shall be limited to such higher declared value but shall in no case exceed the actual value of the Baggage.
  2. "Baggage" as used in the preceding paragraph shall include Checked Baggage and any other article of a passenger of which Carrier takes the custody and Unchecked Baggage and any other article carried or worn by the passenger.

RULE 46-TIME LIMITATIONS ON CLAIMS WITH RESPECT TO BAGGAGE

  1. Acceptance by a passenger with no complaint of his/her Checked Baggage or any other article of which Carrier takes the custody shall be prima facie evidence that it has been delivered in good condition.
  2. Any notice of a complaint relating to damage to Checked Baggage or any other article of a passenger of which Carrier takes the custody shall be provided to Carrier in writing and, if such Baggage or article was received by the passenger, within 7 days from the date of such receipt or, if they have not been delivered to the passenger, within 21 days from the date on which they should have been received by the passenger.
  3. Carrier shall not be liable for any damage unless a complaint is filed within the time set forth in paragraph 2 of this Rule 46.

RULE 47-EXCEPTION TO LIMITATION OF LIABILITY

The limitation of liability provided for in Rule 45 of these Conditions of Carriage shall not apply if it is proved that the damage is caused by gross negligence or willful misconduct of Carrier or its agents; provided, however, that, in the case of gross negligence or willful misconduct of an agent, it must also be proved that he/she was acting within the scope of his/her employment.

RULE 48-SUCCESSIVE CARRIAGE

  1. In the event that Carrier issues a Ticket or accepts checking of Baggage for carriage to be performed by any other carrier, Carrier will do so only as agent of such other carrier.
  2. In the case of carriage of a passenger performed by more than one successive carrier, any claim for damage arising in connection with such carriage may be made only against the carrier that performed the carriage which caused the damage. Carrier shall not be liable for damage to a passenger caused other than by an event during carriage by Carrier.

RULE 49-CHANGE OF CARRIER

In the event that a passenger in possession of a Ticket issued by Carrier changes carrier with the consent of Carrier and boards a flight of such other carrier, the carriage shall be subject to the conditions of carriage of such other carrier and Carrier shall in no case have any liability with respect thereto.

RULE 50-APPLICABILITY OF THESE CONDITIONS OF CARRIAGE TO CARRIER'S AGENTS

In respect of damage mentioned in these Conditions of Carriage, Carrier's agent may avail himself of any exclusion or limitation of liability of Carrier under these Conditions of Carriage and the rules and regulations provided by Carrier thereunder if he proves that he was acting within the scope of his employment.

Supplementary Provisions

RULE 1. Date of application

These Conditions of Carriage shall be applicable as from April 1, 2014.

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