Domestic Flights Conditions of Carriage for Passengers

Skymark Airlines Inc.

CHAPTER 1 – GENERAL PROVISIONS
Article 1.
Definitions
 
In these Conditions of Carriage: “Carrier” means Skymark Airlines Inc.
“Domestic Air Carriage” means carriage by means of aircraft of which the place of departure, the place of destination and any other place of landing are situated in Japan in accordance with the contract of carriage with passengers.
“Carrier’s Office” means an airport office of Carrier and an office of the agent designated by Carrier, as well as the webpage of Carrier on the Internet.
“Ticket” means such an electronic document that is recorded on Carrier’s electronic data base or a paper ticket, issued by Carrier pursuant to these Conditions of Carriage at Carrier’s office, as provided for the carriage of passengers on Carrier’s domestic lines.

“Confirmation Code” means a reference number or a reservation number that can prove that a passenger has an electronic ticket, or a number that is provided by the credit card company used for payment or other company.
“Exchange Order” means a document issued at Carrier’s office in exchange for which a Ticket shall be issued to the person named therein at an airport office.
“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 and 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 (including free personal effects and such specified in Article 33 herein) 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.

Article 2.
Applicability of Conditions of Carriage
1.
These Conditions of Carriage shall apply to any Domestic 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.
Article 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.
Article 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 and other offices otherwise provided by Carrier.
Article 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.
Article 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.
Article 7.
Carrier’s Instructions
 
A passenger shall observe Carrier’s instruction given with respect to the passenger’s boarding, deplaning and other acts or conduct at airports or on board or with respect to the place of loading or unloading of his/her own baggage.
CHAPTER 2 – CARRIAGE OF PASSENGERS
SECTION 1 – TICKET AND EXCHANGE ORDER
Article 8.
Issuance and Validity of Ticket
1.
Carrier will prepare an electronic ticket or issue a paper ticket or Exchange Order at Carrier’s Office (hereinafter “Issuance of Ticket”), upon receipt of the payment of the applicable fares and charges set forth by Carrier. Upon issuance of the Ticket, a passenger shall inform Carrier of his/her name, age, sex, and telephone number and other contact information that Carrier can use to communicate with the passenger.
2.
Any Ticket or Exchange Order can only be used by the passenger 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 specified on the electronic data base (or the conditions specified on the Ticket in case of a paper ticket; hereinafter, “Reservation Conditions”).
4.
Confirmation Code shall be presented or declared in order for Carrier to verify the effectiveness of a Ticket (in case of a paper ticket, the actual Ticket shall be presented).
5.
In the event that a passenger uses a Ticket issued unlawfully or improperly (including use of a Ticket transferred to the passenger), Carrier shall not be liable to the passenger for any damage he/she incurs.
Article 9.
Period of Validity
1.
A Ticket of a passenger with a flight specified in Reservation Conditions, which the passenger is scheduled to board, shall be valid exclusively for the flight.
2.
A Ticket without a flight specified in Reservation Conditions, which the passenger is scheduled to board, shall be valid for 120 days from the following day of the issue date of the Ticket, unless otherwise established by Carrier with respect to a Ticket to which a specific fare is applied by Carrier.
3.
The preceding two paragraphs will apply mutatis mutandis to an Exchange Ticket; an Exchange Ticket with a flight specified in Reservation Conditions shall be exchanged with a Ticket before the scheduled boarding date; an Exchange Ticket without a flight specified in Reservation Conditions shall be exchanged with a Ticket within 120 days from the following day of the issue date of the Exchange Ticket.
4.
A Ticket of a passenger shall be invalid unless the passenger boards aircraft pursuant to the Ticket by expiration of the period of validity of the Ticket.
Article 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.
Article 11.
Seat Reservations
1.
A passenger shall make a seat reservation for a Carrier’s flight in order to board the aircraft.
2.
In making a seat reservation after the issuance of a Ticket or an Exchange Order, a passenger shall present or declare a Confirmation Code or present a paper ticket or Exchange Order (hereinafter, “Presentation of Confirmation Code or Ticket”), and required information shall be recorded to Carrier’s electronic data base (in case of a paper ticket, required information shall be recorded onto the Ticket).
3.
In requesting Carrier to cancel or change a seat reservation, a passenger shall present a Confirmation Code or Ticket; provided that the reservation is non-transferrable.
4.
Notwithstanding the preceding two paragraphs, Carrier may accept, at Carrier’s Office to be otherwise designated by Carrier, a request for a seat reservation or for cancellation or change of a seat reservation even without the Presentation of Confirmation Code or Ticket.
5.
A seat reservation made pursuant to the preceding paragraph shall not be confirmed unless and until the Presentation of Confirmation Code or Ticket by the Ticket purchase due date fixed by Carrier. In the event that a passenger fails to present a Confirmation Code or Ticket by the Ticket purchase date fixed by Carrier, Carrier may, at any time and without prior notice, cancel the seat reservation and onward reservations.
6.
Carrier starts taking a seat reservation, at Carrier's Office, 3 months prior to the date a passenger wishes to board; provided that Carrier may set forth otherwise with respect to a passenger who pays specific fares.
7.
Carrier may, in the event that paragraph 2 of Article 19, cancel any onward seat reservation.
8.
In the event that two or more reservations have been made for one passenger, Carrier may cancel all or some of these passenger reservations at its discretion if:
(1)
boarding sections of the reserved flights are same, and the scheduled departure times for the reserved flights are either same or very close; or
(2)
Carrier determines that it is not rationally believed that the passenger will board all the reserved flights.
9.
A passenger may reserve a specific seat on an aircraft; provided that Carrier may change, without prior notice, the seat designation due to a change in mechanical equipment or other unavoidable reasons for a flight purpose.
Article 12.
Appearance of Passenger
1.
In boarding a Carrier’s flight, a passenger shall, to complete the necessary departure procedures, appear at such place and by such time as are fixed by Carrier.
2.
Carrier may refuse boarding of a passenger failing to appear by the time referred to in the preceding paragraph.
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.
Article 13.
Refusal and Limitation of Carriage
1.
Carrier may refuse boarding of, or remove at a stopping place, any passenger, (upon which refusal or removal Carrier will make a refund to the passenger pursuant to paragraph 1 of Article 19 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;
(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 of 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 Article 26,
(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.
For assisting other passengers in case of emergency, Carrier may refuse or change the seat-assign at the emergency door row if any of the following categories applies to the passenger.
(1)
Passenger under fifteen years old.
(2)
Passenger with a physical disability or illness who may not be suitable to provide assistance in case of emergency.
(3)
Passenger fails to comply with evacuation instruction of any staff of Carrier.
(4)
Passenger who does not agree to provide assistance in case of emergency.
Article 14.
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 same boarding section as 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 when such notification is made on Carrier’s webpage) by the expiration of the refund period provided in Article 20, the Ticket will be refunded in accordance with the procedure as stipulated below if the lost Ticket is presented by the expiration of the effective refund period (3 months from the following day of the expiration of the refund period, and the same hereafter), or if Carrier confirms, through an investigation conducted after the expiration of the effective refund period of the lost Ticket, that the Ticket was not used within the valid period as provided in Article 9 and the refund was not made by the expiration of the refund period; provided that a refund will be subject to a refund fee as provided in Article 19.1.
(1)
If a replacement Ticket has not been purchased, fares and charges paid for the lost Ticket shall be refunded; provided that, if a cancellation fee provided in Article 19.2 applies, such refund will be subject to this cancellation fee in addition to the prescribed refund fee.
(2)
If a replacement Ticket has been purchased, fares and charges paid for the replacement. Ticket shall be refunded, unless otherwise established 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 Article 19.
3.
The preceding two paragraphs shall apply mutatis mutandis to a lost Exchange Order.
4.
In the case of the preceding two paragraphs and in the event that a refund is made as a result of the investigation conducted after the expiration of the effective refund period, a passenger shall be requested to pay an investigation fee of JPY 2,000 per Ticket or Exchange Order in addition to the prescribed refund fee and cancellation fee.
SECTION 2 – FARES AND CHARGES
Article 15.
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).
Article 16.
Applicable Fares and Charges
1.
Fares and charges payable by a passenger with respect to a Carrier’s flight shall be those in effect as of the purchase date of a Ticket or Exchange Order for the date on which the passenger is scheduled to board the flight, unless otherwise provided under Carrier’s rules.
2.
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 appropriate, unless otherwise established by Carrier with respect to passengers who pay fares and fees specified by Carrier.
Article 17.
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 infant of less than 3 years old without paying any fares for that infant.
Article 18.
Voluntary Change
 
Carrier will, in accordance with the provisions set forth below, effect a change with respect to the date, time, flight, section, route or destination among reservation conditions specified on a Ticket or conditions specified on an Exchange Order (hereinafter, “Reservation Conditions on Ticket or Exchange Order”). For those fares and charges where voluntary change is allowable, requests must be made pursuant to the following provisions at Carrier’s Office during its business hours and prior to the scheduled departure of the flight for which the Ticket or Exchange Order is issued; provided that such change shall be subject to availability of a seat on the flight which the passenger desires to board; in requesting a change, a Confirmation Code or Ticket shall be presented at Carrier’s Office:
(1)
Carrier will make a refund of, or collect from the passenger, any difference as appropriate between the amount of the fares applicable to the whole of the route after the change and the fares actually collected by Carrier.
(2)
The fares and charges applicable upon the change shall be those in effect as of the purchase date of the original Ticket or Exchange Order, for the date on which the passenger is scheduled to board the aircraft after the change, unless otherwise established under Carrier’s rules.
(3)
The period of validity of the Ticket changed shall be the period applicable as of the date on which the Ticket originally purchased is 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 Article 19.
(5)
In the event that any charge becomes, or ceases to be, applicable to the passenger due to the change, the charge will be refunded to or collected from the passenger as the case may be.
(6)
A passenger on an indirect flight is not allowed to disembark from the aircraft at any stopping place.
Article 19.
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 Ticket or Exchange Order if the refund is made with respect to the whole of the travel, and (ii) the Ticket or Exchange Order less the fares and charges applicable to the route for which such Ticket or Exchange Order has been used if the refund is made with respect to a portion of travel. Upon the refund, Carrier will collect from each passenger JPY500 per route as 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 a table provided by Carrier depending on the fare paid.
3.
The total amount of the cancellation charges and refund charges payable under each of the preceding two paragraphs shall not exceed the amount of the fares collected by Carrier.
Article 20.
Refund Period
 
Any refund of fares or charges will be made in exchange for a Ticket or Exchange Order not later than 10 days after the period of validity of such Ticket or Exchange Order expires.
Article 21.
Involuntary Cancellation or Change
 
In the event that Carrier fails to perform all or a part of the contract of carriage due to any reason attributable to Carrier, Carrier will take any of the measures set forth below at passenger’s option.
(1)
Carrier will carry the passenger and baggage to the first destination of the Reservation Data of Ticket or Exchange order by the following methods; a flight of Carrier on which a seat is available, a flight of any other Carrier on which a seat is available, or by other transportation service. In the event that the fare is changed by modifications of a flight or of the itinerary, Carrier will take a measure as the following methods against the differences; If the fare after modifying a flight or the itinerary is higher than the fare the passenger purchased, the passenger won't be required to pay the difference. However, if the fare after modifying a flight or the itinerary is lower than the fare the passenger purchased, Carrier will refund the difference, unless otherwise established by Carrier with respect to particular Ticket or Exchange Order.
(2)
Carrier will make a refund. In this case, (i) before commencement of the travel, Carrier will make a refund of the whole amount of the fares and charges collected by Carrier, and (ii) after commencement of the travel, Carrier will make a refund of the fares and charges applicable to the route from the cancellation point to the destination (or the scheduled Stopover point) specified in the Ticket.
(3)
Carrier will change the date of boarding and/or flight number, or extend the period of validity of the Ticket for the portion that the passenger has not yet boarded.
Article 22.
Cancellation or Change Not Attribute to Carrier and Passengers
(1)
In the event that Carrier fails to perform all or a part of the contract of carriage due to 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, labor dispute actions, riots, civil commotion, wars, force majeure or other unavoidable circumstances, Carrier will change the flight or refund the applicable passenger fares.
(2)
Carrier will arrange for carriage of the passenger and Baggage on a flight of Carrier on which space is available or any other carrier, or by any other transportation service, to the destination specified in such Ticket. In any event, even if the fares applicable as a result of a change of a flight, routing, etc. exceed the amount to be refunded of the fares applicable to the route to such destination, Carrier will not collect such excess from the passenger and will make a refund of the difference.
Article 23.
Unauthorized Boarding
1.
Any of the acts set forth below shall constitute unauthorized boarding and shall be subject to the regular fares and charges for the portion of unauthorized boarding applicable to the passenger, as well as twice the amount of the highest fares and charges applicable at the time of boarding for that portion; provided that, where the portion of unauthorized boarding cannot be ascertained, the above applicable fares and charges shall be computed from the point of departure of the flight.
(1)
To board aircraft without a Ticket or to fly beyond the point of destination specified in the Ticket without an approval of Carrier;
(2)
To board aircraft intentionally with an invalid Ticket;
(3)
To refuse to present a Ticket or to fail to surrender a Ticket when so requested; and
(4)
To board aircraft at a special discount made on the basis of a false representation.
2.
Notwithstanding the preceding paragraph, in the event that the passenger who purchased a ticket of an indirect flight abandons the portion of the flight beyond the stopping place without an approval of Carrier’s personnel, and if the fares already received is less than the highest fares applicable for the portion of the flight that the passenger has already boarded, the passenger will be requested to pay the difference. The Ticket will be invalid for the portion of the flight abandoned.
SECTION 3 - BAGGAGE
Article 24.
Checked and Unchecked Baggage
1.
In the event that a passenger presents a valid Ticket and Baggage to an 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.
Carrier will issue a Baggage Tag to Checked Baggage.
Article 25.
Loading of Checked Baggage
 
Carrier will carry Checked Baggage of a passenger in the same aircraft as the passenger, provided 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.
Article 26.
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 cloths 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 the preceding paragraph 1, Carrier may refuse loading of the Baggage.
4.
In the event that a passenger refuses Carrier’s search referred to in the preceding 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 the preceding paragraph 1 or 2, Carrier discovers any article falling within Baggage carriage of which is prohibited or restricted by Article 30, Carrier may refuse carrying into or loading of, or may make necessary disposal, of such article.
Article 27.
Delivery of Checked Baggage
1.
Checked Baggage of a passenger shall be delivered to the passenger upon his/her return to Carrier of the Baggage Tag issued in connection with such Baggage.
2.
In no event shall Carrier 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.
3.
Checked Baggage shall be delivered only at the destination named in the Baggage Tag.
Article 28.
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 of or damage to Carrier arising in connection with its delivery of the Checked Baggage to such person.
Article 29.
Disposal of Undeliverable Baggage
 
In the event that Baggage of a passenger remains unclaimed for one week 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.
Article 30.
Prohibited or Restricted Baggage
 
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 volumes, 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
Article 31.
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.
Article 32.
Free Baggage Allowance
1.
The free allowance for Checked Baggage (excluding free personal effects, one  wheelchair for the physically disabled passenger’s own use specified in Article 33, and the specific commodities specified in clause (1) of paragraph 1 of Article 36) and Unchecked Baggage, will be up to 15 kilograms in total for each passenger.
2.
Baggage of infants shall be deemed as the baggage of a person accompanying the infant passenger. If there are several passengers accompanying an infant passenger, Carrier will treat the passenger’s request as fully as possible.
Article 33.
Free Personal Effects and Such Allowance
 
In additions to free baggage allowance, the following articles are the free allowance, if passengers carries by themselves:
(1)
one handbag;
(2)
one coat or the like;
(3)
one umbrella or cane;
(4)
one camera or other compact optical instrument and the like;
(5)
books and magazines;
(6)
food and beverage;
(7)
a pair of crutches, a cane, braces and other prosthetic device for the physically disabled passenger’s own use;
(8)
a seeing-eye dog, service dog or hearing dog accompanying a physically disabled passenger to assist such passenger; and
(9)
Other articles permitted by Carrier as free personal effects and such allowance
Article 34.
Articles Carried in Cabin
1.
Each passenger may carry onboard the following articles which must be kept under the passenger's close care:
(1)
one handbag;
(2)
one cabin bag not exceeding 55cm x 40cm x 25cm, and the sum of the total linear dimension not exceeding 115cm in size for personal belongings, documents/books, souvenirs and the like;
(3)
compact word processor, personal computer, video camera, tape recorder, CD player and the like (they may not be used at takeoff and landing);
(4)
portable radio, portable TV, mobile phone, pager and the like (they must be all switched off);
(5)
coat and the like;
(6)
umbrella or cane;
(7)
camera or other compact optical instrument and the like;
(8)
books and magazines;
(9)
food and beverage;
(10)
a pair of crutches, a cane, braces and other prosthetic device for the physically disabled passenger’s own use;
(11)
a seeing-eye dog, service dog or hearing dog accompanying a physically disabled passenger to assist such passenger;
(12)
fragile articles and articles of high value which can be held on passenger’s lap;
(13)
an overnight bag or package containing articles necessary for care of infant during the flight;
(14)
an infant’s carrying basket; and
(15)
other articles permitted by Carrier
2.
Carrier shall not accept articles other than those defined in the preceding paragraph for carriage in the cabin.
Article 35.
Pets
1.
Carrier will accept carriage of pets accompanied by a passenger as Checked Baggage. The term “pets” used herein means domesticated small dogs, cats and birds, etc.
2.
The pets specified in the preceding paragraph shall not be subject to the free Baggage allowance set forth in Article 32 and the passenger shall pay Carrier the charges set forth by Carrier for the total weight of the pets and the container.
Article 36.
Excess Baggage Charges
1.
For the following Baggage, excess Baggage charges shall be assessed and an Excess Baggage Ticket will be issued by Carrier in exchange thereof:
(1)
Specific Commodities (excluding those specified by Carrier):
(a)
ski equipment and the like;
(b)
snowboard equipment and the like;
(c)
surfboard equipment and the like;
(d)
golf bag;
(e)
bicycle; and
(f)
other items needing special treatment provided by Carrier
(2)
Such Baggage of which longest side exceeds 120 cm Baggage excluding free personal effects, one wheelchair for the physically disabled passenger’s own use specified in Article 33, and the specific commodities specified in clause (1) of this paragraph)
(3)
Such Baggage in excess of 15 kilograms in total of Checked Baggage (excluding free personal effects, one wheelchair for the physically disabled passenger’s own use specified in Article 33, and the specific commodities specified in clause (1) of this paragraph) and Unchecked Baggage.
2.
Excess Baggage charges shall be as set forth by Carrier.
Article 37.
Refund of Excess Baggage Charges
1.
In the event that a passenger cancels carriage of his/her Baggage not later than 30 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 30 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.
Article 38.
Excess Value Charges
 
In the event that the total value of Baggage of a passenger and of his/her personal articles exceeds JPY150,000, 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 JPY10 per each JPY10,000 and any fraction thereof.
Article 39.
Refund of Excess Value Charges
1.
In the event that a passenger fails to board and cancels the whole of the 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
Article 40.
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 Article 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.
Either 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 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 shall not be liable for any damage arising as a result of taking such measures unless the Carrier is held liable for such damage pursuant to paragraph 1, 2, 3 or 4 of this Article.
Article 41.
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.
Article 42.
Contributory Negligence
 
If Carrier proves that damage was caused or contributed to by a willful misconduct or negligence of passenger, Carrier shall be exonerated from its liability to the passenger to the extent that such willful misconduct or negligence caused or contributed to the damage.
Article 43.
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.
Article 44.
Limitation of Liability
1.
Carrier’s liability in respect of carriage of Baggage shall not exceed the amount of JPY150,000 per passenger; provided 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 Article 38, 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 use 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.
Article 45.
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 3 days from the date of such receipt or, if they have not been delivered to the passenger, within 14 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 Article.
Article 46.
Exception to Limitation of Liability
 
The limitation of liability provided for in Article 44 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 that, in the case of act or omission of an agent, it must also be proved that he/she was acting within the scope of his/her employment.
Article 47.
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
 
These Conditions of Carriage shall be applicable as from 1st April 2014.