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  2. Domestic Flights Conditions of Carriage for Passengers

Domestic Flights Conditions of Carriage for Passengers

Skymark Airlines Inc.

Effective July 1st, 2020

Notice: The conditions of carriage in Japanese text is the original, the English translation is for reference purposes.

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 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's Office" means an airport office of Carrier and an office of an agent designated by Carrier and/or Carrier’s website on the Internet.
  • "Ticket" means such form of electronic document as is recorded in Carrier’s database (hereinafter referred to as "Electronic Ticket") issued by Carrier’s Office for the carriage of passengers on Carrier’s domestic lines, pursuant to these Conditions of Carriage.
  • "Authentication Code" means a confirmation number that can prove that the passenger has a Ticket, such as a reference number, a reservation number, or any other code designated by Carrier.
  • "Exchange Order" means a document issued by any 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 both Checked and Unchecked Baggage of the passenger.
  • "Checked Baggage" means such Baggage that Carrier takes custody of and for which it issues a Baggage Identification Tag (Baggage tag that is attached by Carrier to a particular article of Checked Baggage and Baggage claim stub that is given to the passenger).
  • "Unchecked Baggage" means such Baggage of a passenger other than Checked Baggage as Carrier permits the passenger to carry into the cabin.
  • "Baggage Identification Tag" means a document issued by Carrier solely for the purpose of identifying of Checked Baggage of a passenger and consisting of two portions: the Baggage tag portion which is attached by Carrier to a particular article of Checked Baggage and the Baggage claim stub which is given to the passenger.
  • "Excess Baggage Ticket" means a document issued by Carrier for carriage of Baggage in excess of the applicable free Baggage allowance specified by Carrier.
ARTICLE 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 being 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 these Conditions of Carriage or Carrier's rules based on these Conditions. In such cases, Carrier will, at its discretion, notify of changes, modifications, or amendments by posting on its website, etc. for a reasonable period of time.
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.
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 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 his/her Baggage.

CHAPTER 2 – CARRIAGE OF PASSENGERS

SECTION 1 – TICKET AND EXCHANGE ORDER

ARTICLE 8. ISSUANCE AND VALIDITY OF TICKET
  • 1.Carrier shall issue, at Carrier's Office, a Ticket or an Exchange Order (hereinafter referred to as the "Issuance of a Ticket") upon receipt of payment by the passenger of such applicable fares and/or charges as separately stipulated by Carrier. A passenger shall provide Carrier with his/her name, age, sex, and any contact information such as a telephone number that Carrier may use to communicate with the passenger.
  • 2.Any Ticket or Exchange Order may be used only by the passenger who is named on such Ticket or Exchange Order and shall not be transferred to a third party.
  • 3.A Ticket shall be invalid, unless the passenger uses it in accordance with the information prerecorded in the electronic database of the Ticket (hereinafter referred to as "Reservations 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, or present Exchange Order (hereinafter referred to as "Presentation of Authentication Code or Exchange Order").
  • 5.A passenger must present a valid Authentication Code or Exchange Order stipulated by Carrier, which is duly issued in accordance with Carrier’s regulations and valid for the flight which he/she is actually to board. When a passenger fails to do so, Carrier may refuse carriage of such passenger.
ARTICLE 9. PERIOD OF VALIDITY
  • 1.A passenger's Ticket that contains in its Reservations Data the flight that the passenger is scheduled to board, shall be valid for that flight exclusively.
  • 2.A passenger’s Ticket that does not contain in its Reservations Data the flight that the passenger is scheduled to board, shall be valid on the date of issuance of such Ticket and for 270 days from the following day, unless otherwise provided for by Carrier, with respect to a Ticket to which Carrier applies a special fare.
  • 3.The preceding two paragraphs shall apply mutatis mutandis to Exchange Orders. However, an Exchange Order containing in its Reservations Data the flight that the passenger is scheduled to board shall be exchanged for a Ticket for such flight not later than the scheduled boarding day. An Exchange Order that does not contain in its Reservations Data the flight that the passenger is scheduled to board, shall be exchanged for a Ticket within 270 days, calculated from the day following the date of issuance of such Exchange Order.
  • 4.A passenger's Ticket shall become invalid unless the passenger boards a flight on or before the expiry date 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 is extended pursuant to the preceding paragraph, 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.If a passenger makes a seat reservation after issuance of a Ticket, he/she shall present his/her Authentication Code or Exchange Order and shall provide necessary information to have them recorded in Carrier’s database.
  • 3.In order to cancel or change a seat reservation, a passenger shall present his/her Authentication Code or Exchange Order to Carrier. A reservation made to a passenger shall not be transferred to a third party.
  • 4.Notwithstanding the preceding two paragraphs, Carrier may accept, at Carrier's Office separately designated, an application for a seat reservation or its cancellation, or change to a seat reservation, without the Authentication Code or Exchange Order being presented.
  • 5.A seat reservation made pursuant to the preceding paragraph shall not be confirmed unless a passenger presents the Authentication Code or the Exchange Order to Carrier not later than the time limit specified by Carrier for the purchase of the Ticket. In the event that a passenger fails to present the Authentication Code or the Exchange Order by such time, Carrier may cancel the seat reservation and any onward reservations, without prior notice.
  • 6.Carrier will accept applications for seat reservations, at the earliest, three months prior to the scheduled date of the flight at Carrier's Offices, unless otherwise provided for by Carrier with respect to a passenger paying a special fare.
  • 7.In cases where paragraph 2 of Article 20 applies, Carrier may cancel any onward reservations made subsequent to such reservation.
  • 8.Carrier may, at its own discretion, cancel all of or a portion of a passenger’s reservation if two or more seats are reserved for 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 or in proximity to each other; or
    • (2)it is reasonably considered that the passenger can not use all of reserved seats.
ARTICLE 12. SEAT ASSIGNMENT
Carrier may permit a passenger to reserve a specific seat on a flight in advance, provided that Carrier may, without prior notice, change such seat due to a change of equipment or any other unavoidable reason related to flight operations.
ARTICLE 13. APPEARANCE OF PASSENGER
  • 1.A passenger shall arrive at the time and place stipulated by Carrier in order to complete the necessary departure procedures before boarding an aircraft.
  • 2.Carrier may refuse boarding by a passenger who fails to arrive by the time stipulated by Carrier, as provided for in the preceding paragraph.
  • 3.Carrier shall not delay a flight for any passenger who fails to arrive by the time stipulated by Carrier pursuant to paragraph 1.
ARTICLE 14. REFUSAL AND LIMITATION OF CARRIAGE
  • 1.Carrier may refuse carriage of, or remove at any stopping place, any passenger, (upon such refusal or removal, Carrier shall make a refund to the passenger pursuant to paragraph 1 of Article 20 and shall not collect cancellation charge) and in such case, handle his/her Baggage accordingly, if Carrier deems that the passenger falls under any of the following:
    • (1)such action is necessary for flight safety;
    • (2)such action is necessary in order for Carrier to comply with applicable laws or regulations, or governmental requirements;
    • (3)the passenger, because of his/her conduct, age, mental or physical condition:
      • (a)requires special assistance by Carrier;
      • (b)having infectious disease or suspected infectious disease,
      • (c)is seriously injured or ill, or is an unaccompanied child under the age of 8 years,
      • (d)carries any of the items specified below:
        weapons (excluding those carried by competent officers on duty), gunpowder, explosives, corrosive items, inflammable items, or other articles which are likely to cause a hazard or risk to the aircraft, passengers, and/or any loaded property, or articles or live animals inappropriate for carriage by aircraft;
      • (e)may cause discomfort or trouble to other passengers;
      • (f)may cause harm to himself/herself or to other passengers or an aircraft or any property;
      • (g)falls under the provisions of paragraph 4 or 5 of Article 27;
      • (h)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);
      • (i)uses portable telephones, portable radios, electronic games or other electronic devices in aircraft cabin without Carrier's permission, or
      • (j)smoking (including cigarettes, electronic cigarettes, heated tobacco products or other smoking products) in aircraft cabin.
    In the case of sub-paragraph (3) (f) or (h) 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 assistance during an emergency evacuation, Carrier may prevent a passenger from taking an exit row seat of the aircraft and change his/her seat to another seat (upon which change, if the exit row seat is a special seat, Carrier shall refund the special fare applied to the seat by Carrier and shall collect no cancellation charge), if Carrier determines at its reasonable discretion that the passenger falls under any of the following subparagraphs:
    • (1)the passenger is under the age of 15.
    • (2)the passenger has any difficulty in assisting in emergency evacuation, or may cause any harm to his/her health if he/she assists in emergency evacuation due to his/her physical condition, health or for other reasons.
    • (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 emergency evacuation.
ARTICLE 15. LOSS OF EXCHANGE ORDER
  • 1. In the event that an Exchange Order is lost by a passenger, the passenger shall be required to purchase a new Ticket for the portion of travel covered by the lost Exchange Order.
  • 2.If, in the case of the preceding paragraph, the loss of the Exchange Order is reported to a Carrier's Office (excluding Carrier's website on the Internet) on or before the expiry date of the refund period provided for in Article 21, Carrier shall issue a refund (upon such refund, Carrier shall collect the refund charge set forth in paragraph 1 of Article 20) in the manner set forth below, provided that: the lost Exchange Order is presented on or before the expiry date of the effective period for refund (within 3 months from the day following the expiry date of the refund period, hereinafter the same); or Carrier has confirmed as a result of an investigation conducted after expiry of the effective period for refund that neither the lost Exchange Order has been used during the effective period set forth in Article 10 nor that a refund has been made by the expiry date of the refund period.
    • (1)If the passenger has not purchased a replacement Ticket, Carrier shall refund the fare and relevant charges paid for the lost Exchange Order: provided, however, that if the cancellation charge set forth in paragraph 2 of Article 20 is applicable, Carrier shall collect such cancellation charge, as well as the prescribed refund charge.
    • (2)If the passenger has purchased a replacement Ticket, Carrier shall refund the fare and relevant charges for the replacement Ticket, unless otherwise provided for by the Carrier.
    • (3)In the event that the passenger cancels the travel in the case of the preceding sub-paragraph (1) or (2), Carrier shall issue a refund pursuant to the provision of Article 20.
  • 3.In such cases as described in paragraph 2 above, if the Exchange Order coupon is refunded as a result of an investigation conducted after expiry of the effective refund period, 2,000 yen per Exchange Order coupon shall be collected as investigation charge, in addition to refund charges and cancellation charges as applicable.

SECTION 2 – FARES AND CHARGES

ARTICLE 16. PASSENGER FARES AND CHARGES
  • 1.Passenger fares and charges, conditions of their application and other conditions are shown in Carrier's passenger tariff table for each type of fares and charges as separately stipulated by the Carrier.
  • 2.Passenger fares shall apply to 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 17. APPLICABLE FARES AND CHARGES
  • 1.Applicable fares and charges shall, unless otherwise provided in Carrier’s regulations, be those in effect as of the date of issue and applicable on the date the passenger is scheduled to board the aircraft.
  • 2.If any fares and/or charges collected by Carrier are not equivalent to the applicable fares and/or charges, the difference shall be refunded or collected by Carrier, as the case may be, unless otherwise provided in Carrier’s regulations with respect to any passenger paying a special fare and/or charges.
ARTICLE 18. CARRIAGE OF NON FARE PAYING INFANTS
Carrier will accept carriage free of charge of one non-seat occupying passenger under 3 years of age (hereinafter referred to as an "Infant"), provided the infant is accompanied by one passenger of 12 years of age or over.
ARTICLE 19. VOLUNTARY CHANGE BY PASSENGER
Of Reservations Data on a Ticket or any data specified in an Exchange Order (hereinafter referred to as the "Reservations Data of a Ticket or Exchange Order"), any change to the date, time, flight, sector, route, or destination requested by the passenger shall be effected in accordance with the applicable conditions separately stipulated by Carrier for each type of fare and charge. For those fares and charges where a change requested by a passenger is permitted, changes shall be effected only when such request is made at a Carrier's Office during its business hours and prior to the scheduled departure time of the original flight, pursuant to the following. Such change, however, is subject to the availability of a seat on the flight that the passenger desires to board. The passenger shall present to Carrier's Office the Authentication Code or Exchange Order when requesting a change.
  • (1)Carrier shall refund, or collect, as the case may be, any difference between the amount of fare and charges applicable to the whole sector affected by the change and the amount of fare and charges already paid.
  • (2)The fare and charges applicable after such change shall, unless otherwise provided in Carrier’s regulations, be those which, as of the date of original issue, were intended to apply on the date the passenger desires to board.
  • (3)The period of validity of the Ticket for which change is effected shall be the period of validity applicable as of the date on which the Ticket originally purchased was issued.
  • (4)No cancellation charge set forth in paragraph 2 of Article 20 shall be collected by Carrier for the cancellation of a reservation for the original flight due to such change.
  • (5)In the event that any charge becomes applicable to or no longer applicable to the passenger due to the change, Carrier shall collect or refund such charge, 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 20. VOLUNTARY REFUND AND REFUND AND CANCELLATION CHARGES
  • 1.In the case of a refund for a Ticket or an Exchange Order requested by a passenger, the amount of refund shall be: if the entire portion of the itinerary is to be refunded, the total amount of the fare and charges paid; and if a part of the itinerary is to be refunded, an amount equal to the difference between the fare and charges paid, and the fare and charges applicable to the portion of the itinerary for which the Ticket or the Exchange Order has been used. Upon such refund as prescribed above, unless otherwise specifically provided in Carrier’s regulations, Carrier shall collect from the passenger 500 yen as a refund charge per sector specified in the Ticket or Exchange Order.
  • 2.In the case of a refund for a Ticket or Exchange Order for which a seat has already been reserved pursuant to the provision of the preceding paragraph, a cancellation charge shall be collected in accordance with Carrier's passenger tariff table for each type of fare and charge as separately stipulated by Carrier.
  • 3.If the total amount of the fare and charges paid is less than the total amount of the refund charge and cancellation charge payable pursuant to each of the preceding two paragraphs, the total amount of refund and cancellation charge shall not exceed the amount of the fare and charges paid.
ARTICLE 21. REFUND PERIOD
Any refund of a fare or charges shall be made in exchange for the surrender of a Ticket or an Exchange Order by not later than 10 days from the day following the expiry date of the period of validity of such Ticket or Exchange Order.
ARTICLE 22. INVOLUNTARY CHANGES AND/OR CANCELLATION CAUSED BY CARRIER
  • 1.If Carrier fails to perform a contract of carriage, in whole or in part, for any reasons other than those requested by a passenger and except for those set forth in paragraph 5 of Article 40 (hereinafter referred to as an "Involuntary Change or Cancellation caused by Carrier"), Carrier shall, at the passenger's option, follow one of the below (1), (2), or (3) procedures:
    • (1)Carrier will have the option of providing the following to carry the passenger and his/her Baggage to the first destination of the Reservations Data on the Ticket or Exchange Order:
      • (a)on a flight of Carrier on which a seat is available;
      • (b)on a flight of another Carrier on which a seat is available; or
      • (c)by other means of transportation.
      In the cases set forth above, if an amount of fare and charges after the change of flight or rerouting exceeds the amount that would have been refunded for the applicable fare and charges of the original sector, Carrier shall not collect the difference. If such amount is less than the amount that would have been refunded, Carrier shall refund the difference, unless otherwise provided for by Carrier with respect to a particular Ticket or Exchange Order;
    • (2) Carrier shall issue a refund as follows: before commencement of travel - the full amount of fare and charges collected by Carrier; after commencement of travel - the applicable fare and charges from the point of cancellation to the destination (or the scheduled stopover place) specified in the Reservations Data of the Ticket or Exchange Order as separately stipulated by Carrier; or
    • (3)Carrier shall extend the period of validity of the unused sector of the Ticket.
  • 2.If the number of passengers (only those who have presented his/her Authentication Code, Exchange Order, with confirmed reservation, for check-in at Carrier's airport office by the time stipulated by Carrier) with valid seat reservations on a flight exceeds the number of available seats on the flight and therefore seats are not available to some passengers, Carrier shall call for volunteers prepared to surrender their confirmed reservations. In such cases, Carrier shall make the amount of payment stipulated by Carrier to those volunteers who surrender their confirmed reservations as a cooperation reward, in addition to any arrangements set forth in paragraph 1 of this Article.
ARTICLE 23. CANCELLATION OR CHANGE FOR REASONS OTHER THAN THOSE REQUESTED BY PASSENGER OR CARRIER'S REASONS
  • If Carrier fails to perform a Contract of Carriage, in whole or in part, due to any reasons set forth in paragraph 5 of Article 40, Carrier shall take any of the steps set forth below at the option of the passenger:
    • (1)If travel has not yet commenced, Carrier shall perform carriage of the passenger and his/her Baggage on a flight on which seats are available, to the initial destination specified in the Reservations Data of the Ticket or Exchange Order. If the destination specified in the Reservations Data of the Ticket or the Exchange Order changes after commencement of the flight, Carrier shall arrange for carriage to the initial destination specified in the Reservations Data of the Ticket or the Exchange Order for the passenger and his/her Baggage by any of the following means of transportation at the option of Carrier:
      • (a)on a flight of Carrier on which a seat is available;
      • (b)on a flight of another Carrier on which a seat is available; or
      • (c)by other means of transportation.
      In the cases set forth above, if an amount of fare and charges after the change of flight or rerouting exceeds the amount that would have been refunded for the applicable fare and charges of the original sector, Carrier shall not collect the difference. If such amount is less than the amount that would have been refunded, the Carrier shall refund the difference.
    • (2)Carrier shall issue a refund as follows: before commencement of travel - the full amount of the fare and charges collected by Carrier; after commencement of travel - the applicable fare and charges from the point of cancellation to the destination (or the scheduled stopover place) specified in the Reservations Data of the Ticket or Exchange Order as separately stipulated by Carrier; or
    • (3)Carrier shall extend the period of validity of the unused sector.
ARTICLE 24. FRAUDULENT BOARDING
  • 1.Any of the acts set forth below shall constitute fraudulent boarding and shall be subject to a charge of double the amount of the highest fare and charges applicable at the time of such fraudulent boarding, in addition to the fare and charges applicable to the passenger for the flight flown under fraudulent boarding, provided that if the sector flown cannot be ascertained, the fare and charges shall be calculated from the place of departure of the flight:
    • (1)Failure to present an Authentication Code or Exchange Order at the request of Carrier's personnel in charge, or to board beyond the sector specified in the Reservations Data of the Ticket or the Exchange Order without approval from Carrier's agent;
    • (2)To board a flight intentionally with an invalid Ticket; or
    • (3)To board a flight at a special fare on the basis of a false declaration.
  • 2.Notwithstanding the preceding paragraph, in the event that a passenger who purchases a ticket for an indirect flight abandons the portion of the flight beyond the stopping place without the approval of Carrier's personnel, and if the fare already received is less than the highest fare applicable for the portion of the flight that the passenger has already boarded, the passenger shall be requested to pay the difference. The Ticket or the Exchange Order shall be invalid for the portion of the flight abandoned.

SECTION 3 - BAGGAGE

ARTICLE 25. CHECKED AND UNCHECKED BAGGAGE
  • 1.Carrier shall, upon presentation by a passenger of a valid Authentication Code, accept as Checked Baggage or acknowledge as Unchecked Baggage, the Baggage tendered by the passenger at Carrier's airport office by the time stipulated by Carrier.
  • 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 Carrier's flight, Carrier shall accept Baggage tendered by the passenger as Checked Baggage for the carriage on the connecting flight of another carrier, if the passenger presents a valid Authentication Code or an Exchange Order for Carrier's flight, as well as a valid Authentication Code or a Ticket for the connecting flight of another carrier at Carrier's airport office by the time stipulated by Carrier. In this case, Carrier shall 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 Carrier's flight.
  • 3.Carrier shall issue a Baggage Identification Tag for the Checked Baggage.
ARTICLE 26. LOADING OF CHECKED BAGGAGE
Carrier shall carry the Checked Baggage of a passenger in the same flight as the passenger, provided that Carrier may, if such carriage is deemed impractical by Carrier because of the maximum permissible weight or for other reasons, carry the Checked Baggage on any other flight or by any other transportation service on which the Checked Baggage can be loaded.
ARTICLE 27. SECURITY INSPECTION
  • 1.A passenger shall submit to any security check required by Carrier, unless it is specifically deemed unnecessary by Carrier.
  • 2.Carrier will inspect the contents of a passenger’s Baggage by opening it and/or by any other means in the presence of the passenger or a third person, for the purpose of security (including, but not limited to, the prevention of unlawful seizure, control, or destruction of an aircraft, hereinafter the same) or for any other reasons. Notwithstanding the foregoing, Carrier may inspect the passenger's Baggage in his/her or a third person's absence to check whether he/she is in possession of, or his/her Baggage contains, any items prohibited or restricted under Article 31.
  • 3.Carrier will search any items worn or carried by a passenger by touching the passenger over his/her clothes or worn items or by using any instrument such as a metal detector, for the purpose of security or for any other reasons.
  • 4.If a passenger refuses Carrier’s inspection referred to in paragraph 2, Carrier will refuse to load such Baggage.
  • 5.If a passenger refuses Carrier’s inspection referred to in paragraph 3, Carrier will refuse to board such passenger.
  • 6.If, as a result of the inspection or search set forth in the preceding paragraphs 2 and 3, Carrier discovers any items of which is prohibited or restricted Baggage under Article 31, the Carrier may forbid the passenger to carry it into the cabin or refuse to load such items, or may take measures for the disposal of such items.
ARTICLE 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 Identification Tag (Baggage tag that is attached by Carrier to a particular article of Checked Baggage and Baggage claim stub that is given to the passenger, hereinafter the same) at the Destination.
  • 2.The bearer of the Baggage Identification Tag(s) issued to a passenger when his/her Baggage is checked shall be exclusively entitled to accept delivery of the checked Baggage. The 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 1 and 2, Carrier shall not be obligated to verify that the bearer of a Baggage Identification Tag(s) is truly entitled to accept delivery of the Baggage. Carrier shall not be liable for any damage arising out of or in connection with its failure to verify.
  • 4.Checked Baggage shall be delivered to the passenger only at the destination specified on the Baggage Identification Tag, provided that if the passenger so requests, Checked Baggage shall be delivered at the place of departure or a stopping place insofar as circumstances permit such delivery.
ARTICLE 29. LOSS OF BAGGAGE TAG
Should a passenger lose his/her Baggage Tag, Carrier may deliver the Baggage to the passenger in accordance with a procedure separately provided for by Carrier, only if Carrier deems the person claiming delivery of Checked Baggage to be duly entitled to such delivery and if Carrier receives a commitment from such person to indemnify and hold harmless Carrier from any loss or damage that Carrier may incur as a result of the delivery of Checked Baggage to such person.
ARTICLE 30. DISPOSAL OF UNDELIVERABLE BAGGAGE
Checked Baggage that remains unclaimed for 7 days, calculated from the day following the date of its arrival at the destination, may be disposed of by Carrier as appropriate. In this case, the passenger shall be liable for any damage or expenses incurred by Carrier in connection with such disposal.
ARTICLE 31. PROHIBITED OR RESTRICTED BAGGAGE
  • 1.Carrier shall refuse to accept any of the following as Checked Baggage and Unchecked Baggage, unless specifically permitted by Carrier:
    • (1)items that may endanger or cause trouble to the aircraft or any person or property on board;
    • (2)firearms, swords, and other similar items, and explosives and other ignitable or flammable items;
    • (3)corrosive chemicals and liquids not contained in a suitable container;
    • (4)live animals;
    • (5)corpses;
    • (6)items that are prohibited by applicable laws or regulations, or by governmental requirements, from being loaded into, or transferred by, aircraft;
    • (7)items that exceed the number of pieces, weight, or dimensions separately specified by Carrier;
    • (8)items that are not properly packed or packaged;
    • (9)items that are easily transmuted, wasted, or destroyed;
    • (10)other items which Carrier considers unsuitable for carriage on an aircraft.
  • 2.Carrier shall refuse to accept any of the following as Unchecked Baggage:
    • (1)cutting tools;
    • (2)items similar in shape to firearms, swords, and explosives (e.g. pistol-shaped lighters, hand grenade-shaped lighters);
    • (3)other items Carrier considers as potential weapons (e.g. bats, golf clubs, ice skates).
ARTICLE 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.
ARTICLE 33. FREE BAGGAGE ALLOWANCE
  • 1.Unless otherwise specifically provided for in Carrier’s regulations, the total free Baggage allowance of Checked and Unchecked Baggage for each passenger shall be 20 kilograms.
  • 2.A passenger shall receive a free Baggage allowance of Unchecked Baggage as described in paragraph 1, 2 and 4 of Article 35.
  • 3.The free baggage allowance set forth in paragraphs 1 and 2 of this Article will not apply to an infant who does not use a seat, and Baggage of such infant will be deemed to be Baggage of a passenger who accompanies the infant.
  • 4.In the event that two or more passengers traveling on the same flight check their Baggage at the same time to be carried by Carrier to the same place, Carrier may, upon those passenger’s request, provide them collectively with a free Baggage allowance equal to the aggregated individual free Baggage allowance in respect of weight.
  • 5.Carrier shall accept as checked baggage the following items for free and not include them into the free Baggage allowance:
    • (1)wheelchair and other similar assistive devices for disabled passenger’s own use;
    • (2)a fully collapsible stroller/pushchair, carrying basket and/or a car seat for infants or children passenger’s own use;
    • (3)an eye-assistance, service or hearing-assistance dog accompanying a passenger with a disability to assist such passenger.
  • 6.For overweight Baggage in excess of the free baggage allowance, excess Baggage charges shall be assessed and an Excess Baggage Ticket will be issued by Carrier in exchange thereof. Excess Baggage charges shall be as otherwise set forth by Carrier.
ARTICLE 34. CHECKED BAGGAGE
Checked Baggage is limited to a total weight of 100 kilograms per passenger. Each Baggage piece is limited to a maximum weight of 32 kilograms and maximum dimensions of 50 x 60 x 120 cm, unless otherwise granted by Carrier. Carrier will not accept Baggage in excess of these limits as Checked Baggage.
ARTICLE 35. UNCHECKED BAGGAGE
  • 1.A passenger may carry into the cabin one article of baggage, provided that the total dimensions of the baggage, or 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 into 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 into the cabin.
    • (1)one umbrella or a walking stick;
    • (2)a pair of crutches and prosthetic hand or leg, braces or other prosthetic device for a physically disabled passenger's own use;
    • (3)an eye-assistance, service, or hearing- assistance dog accompanying a passenger with a disability to assist such passenger;
    • (4)a carrying basket for Infant and child passenger’s own use;
    • (5)other articles permitted by Carrier.
  • 5.Carrier shall not accept carriage of any articles other than those set forth in the preceding paragraphs as Unchecked Baggage, but Carrier will permit a passenger to carry into the cabin articles not suitable for Carriage in a cargo compartment (such as fragile musical instruments) only if a prior due notice of such article is given to, and a prior permission to such Carriage is granted by Carrier. Carriage of such Baggage shall be subject to a charge provided in Carrier’s regulations.
ARTICLE 36. PETS
  • 1.Carrier shall accept the carriage of pets accompanied by a passenger as Checked Baggage. The term "pets" used herein means domesticated small dogs, cats, birds, etc.
  • 2.The free Baggage allowance set forth in Article 33 shall not apply to the pets specified in the preceding paragraph. The passenger shall pay Carrier a charge as separately stipulated by Carrier for the total weight of the pets and the container.
ARTICLE 37. REFUND OF EXCESS BAGGAGE CHARGES
  • 1.If a passenger cancels carriage of his/her Baggage by 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.If a passenger cancels carriage of his/her Baggage after the time set forth in the preceding paragraph, or a passenger requests to cancel such carriage in the course of carriage, Carrier shall not refund the excess Baggage charges paid for the onward portion of the carriage that has not been flown, except when Carrier fails to perform the contract of carriage, in whole or in part, for any reasons caused by Carrier.
ARTICLE 38. EXCESS VALUE CHARGES
If the total value of the Baggage of a passenger and his/her personal belongings exceeds 150,000 yen, the passenger may declare such value. Upon such declaration, excess value charge at the rate of 10 yen for each 10,000 yen, or any fraction thereof, in excess of 150,000 yen shall be payable by the passenger.
ARTICLE 39. REFUND OF EXCESS VALUE CHARGES
  • 1.If a passenger requests to cancel his/her whole journey, Carrier shall refund the excess value charges collected by Carrier in connection with such canceled journey.
  • 2.If a passenger requests to cancel a portion of his/her journey, Carrier shall not refund any excess value charges, except where Carrier fails to perform the contract of carriage, in whole or in part, for any reason caused by Carrier.

SECTION 4 - LIABILITY

ARTICLE 40. LIABILITY OF CARRIER
  • 1.Carrier shall be liable for any loss or damage arising in connection with the death or wounding of, or any other bodily injury suffered by, a passenger, if the incident or accident which causes such loss or damage takes place on board an aircraft or in the course of embarking or disembarking an aircraft.
  • 2.Carrier shall be liable for any loss or damage arising in connection with the destruction or loss of, or damage to, any Checked Baggage or any other article of a passenger of which Carrier takes custody, if an incident or accident which causes such loss or damage, takes place while such Baggage or article is in the custody of Carrier.
  • 3.Carrier shall not be liable for such loss or damage as provided in paragraphs 1 and 2 of this article, if it is proved that Carrier and/or its Agent(s) have taken necessary measures to avoid such loss or damage or that Carrier and/or its Agent(s) were prevented from taking such measures. The term "Agent(s)" as used in this chapter means any employee, representative, agent or contractor of Carrier who assists in the performance of the contract of carriage.
  • 4.Carrier shall be liable for loss or damage arising out of or in connection with the 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 was caused by the negligence of Carrier and/or its Agent(s).
  • 5.Carrier may, without notice, change the scheduled time of, or cancel, suspend, or terminate any flight; change places of departure and/or destination; make emergency landing; limit the number of passengers on board; unload all or part of loaded Baggage; or take any other necessary measures, for any reason beyond Carrier's control, such as laws or regulations, governmental requirements, security requirements (including, but not limited to, prevention of unlawful seizure, control or destruction of an aircraft), adverse weather, force majeure, labor dispute, riot, civil commotion, and war; and Carrier 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 Article.
ARTICLE 41. INDEMNITY DUE TO INHERENT DEFECTS, ETC. OF BAGGAGE
Carrier shall not be liable for any loss or damage arising in connection with destruction or loss of, or damage to any Checked Baggage or any other article of a passenger that Carrier takes custody of, if such damage is caused solely by any inherent defect, inadequate quality, or flaw in the Baggage or the article.
ARTICLE 42. CONTRIBUTORY NEGLIGENCE
If Carrier proves that any damage has been caused by or caused in connection with the willful misconduct or negligence of a passenger, Carrier shall be exempted from liability to the passenger, in whole or in part, to the extent that such willful misconduct or negligence has caused or contributed to the damage.
ARTICLE 43. PASSENGER'S LIABILITY TO CARRIER
If 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 rules or regulations stipulated thereunder, the passenger shall indemnify Carrier for such damage.
ARTICLE 44. LIMITATION OF LIABILITY
  • 1.Carrier's liability for the carriage of Baggage shall be limited to 150,000 yen per passenger, provided that if the passenger declares a value higher than the amount for the Baggage before commencement of the carriage and an excess value charge is paid pursuant to the provisions of Article 38, liability of Carrier shall be limited to an amount equivalent to such declared value, but shall not, under any circumstances, exceed the actual value of the Baggage.
  • 2.The term "Baggage" as used in the preceding paragraph shall include Checked Baggage, any other article of a passenger that is placed in Carrier's custody, 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 regarding his/her Checked Baggage or any other article that Carrier takes custody of shall be prima facie evidence that it has been delivered in good condition.
  • 2.Any notice of complaint pertaining to damage to Checked Baggage or any other article of a passenger that Carrier has taken custody of, shall be provided to Carrier in writing and, if such Baggage or article has been received by the passenger, within 7 days from the day after such receipt or, if it has not been delivered to the passenger, within 21 days from the next day 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 specified 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 be applicable if it is proved that the damage has been caused by willful misconduct or gross negligence of Carrier and/or its Agent(s), provided that if such damage is caused by willful misconduct or gross negligence of the Agent(s), it shall also be proved that the damage occurred while the Agent(s) was (were) performing his/her (their) duties.
ARTICLE 47. SUCCESSIVE CARRIAGE
  • 1.If Carrier issues a Ticket or accepts Baggage as Checked Baggage for carriage of any other carrier, Carrier shall do so only as an agent acting on behalf of such other carrier.
  • 2.If the carriage of a passenger is performed successively by more than one carrier, any claim for damage arising from such carriage may be made only against Carrier that performed the carriage that caused the damage. Carrier shall not, under any circumstances, be liable for any damage to a passenger if the same has arisen from carriage by any other carrier.
ARTICLE 48. CHANGE OF CARRIER
If a passenger holding a Ticket issued by Carrier changes to another carrier with the consent of Carrier and boards a flight of such other carrier with the same Ticket, the carriage shall be subject to the conditions of carriage of such other carrier and Carrier shall bear no responsibility for such carriage.
ARTICLE 49. APPLICABILITY OF THESE CONDITIONS OF CARRIAGE TO CARRIER'S AGENTS
If it is proved by an Agent of Carrier that he/she was performing his/her own duties when any damage as set forth in these Conditions of Carriage occurred, Carrier's Agent may apply to such damage any and all provisions pertaining to exclusion or limitation of liability of Carrier in these Conditions of Carriage and any rules and regulations under these Conditions.

SUPPLEMENTARY PROVISIONS

These Conditions of Carriage shall be applicable as of July 1st, 2020.