[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.
“Ticket” means such document issued by Carrier pursuant to these Conditions of Carriage as provided for the carriage of passengers on Carrier’s domestic lines in exchange of an Exchange Order at an airport office.
“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 and Exchange Order
1.: Carrier will issue in principle, at Carrier’s Office, an Exchange Order upon receipt of the payment of the applicable fares and/or charges set forth by Carrier. Upon issuance of an Exchange Order, a passenger shall inform Carrier of his/her name, age and contact (e.g., business phone, home phone, etc.) as well as the flight number which the passenger is scheduled to board.
2.: A Ticket will be issued in exchange of an Exchange Order at an airport office after commencement of check-in. Such exchange of Ticket will be done within the time otherwise provided by Carrier.
3.: Any Ticket or Exchange Order shall be in non-bearer form and shall be non-transferable.
4.: Any Ticket of a passenger shall be invalid for carriage unless, in using the Ticket, the passenger complies with the conditions specified therein.
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 or Exchange Order of a passenger setting forth a flight which the passenger is scheduled to board shall be valid exclusively for the flight.
2.: If passenger cancels his/her trip between check-in and departure time, and if the passenger does not determine his/her flight for next trip, the period of validity of an Exchange Order issued on an open date basis shall be 90 days from the following date of the first issuance thereof, within which period it shall be exchanged for a Ticket.
3.: A Ticket or Exchange Order 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.: A seat reservation shall be acceptable 2 months prior to the preferred date of the flight at Carrier’s office.
3.: In requesting Carrier to cancel or change a seat reservation, a passenger shall present the Ticket or Exchange Order to Carrier.
4.: If a passenger requests a seat reservation in accordance with an Exchange Order without mention of a schedule date which is issued in the case specified in the paragraph 2 of Article 9, the Exchange Order shall be presented to be specified prescribed matters thereon.
5.: 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 if the Ticket or Exchange Order is not presented.
6.: A seat reservation made pursuant to the preceding paragraph shall not be confirmed unless and until the passenger complete payment for fares by payment due fixed by Carrier. In the event that the passenger fails to complete payment by such payment due fixed by Carrier, Carrier may, at any time and without prior notice, cancel the seat reservation and other onward reservations.
7.: Carrier may, in the event that paragraph 2 of Article 19, cancel any onward seat reservation.

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 Ticket and Exchange Order
1.: In the event that a Ticket or Exchange Order is lost by a passenger, the passenger shall be required to purchase a new Exchange Order for entire portion or the portion that the passenger has not yet boarded, in order to board.
2.: In such cases as described in the preceding paragraph, in the event that the loss of the Ticket or Exchange Order is notified to Carrier’s Office within the refund period provided in Article 20, the Ticket or Exchange Order will be refunded in accordance with the procedure as stipulated below if the lost Ticket or Exchange Order is presented within 1 year from the following day of the expiration of the refund period:

(1): If a Ticket or Exchange Order is lost before commencement of the travel, (i) if a placement Exchange Order is not purchased, fares and charges paid for the lost Exchange Order shall be refunded, and (ii) if a placement Exchange Order is purchased, fares and charges paid for the replacement Exchange Order shall be refunded.
(2): If a Ticket or Exchange Order is lost after commencement of the travel, (i) if a placement Exchange Order is not purchased, the amount after deduction of the fares and charges for applicable route from fares and charges paid for the lost Ticket shall be refunded, (ii) if a placement Exchange Order is purchased, fares and charges paid for the replacement Exchange Order shall be refunded.
(3): In the event that the passenger cancels the travel in the case of the preceding sub-paragraph (1) and (2), Carrier will make a refund in accordance with Article 19.

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 date on which the passenger boards the flight; provided that, in the event that, after a passenger purchases a Exchange Order, the fares applicable to the flight which the passenger is scheduled to board pursuant to the Exchange Order 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.: 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.

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, sector routing or destination each specified in a Ticket or Exchange Order. Passenger fares, charges and conditions applicable to use of a Ticket shall be as set forth in Carrier’s tariff. For those fares where voluntary rerouting is allowable, requests must be made pursuant to the following provisions at Carrier’s office and other offices otherwise provided by Carrier 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:

(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 applicable upon the change shall be those in effect as of the date on which the passenger boards aircraft after the change; provided that the proviso of paragraph 1 of Article 16 shall apply mutatis mutandis in the event that the fares applicable to the fight which the passenger boards after the change increase.
(3): The period of validity of the Exchange Order changed shall be for 90 days from the following day 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; provided that, if the request of change is made 3 days prior to the scheduled date to board or after, and if all or a part of routes scheduled to board is cancelled due to such change, cancellation charges shall be required for such routes cancelled pursuant to the provisions of 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.

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.
(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
: Any of the acts set forth below shall constitute unauthorized boarding and shall be subject to twice the amount of the highest fare and charges applicable at the time of boarding for that portion of unauthorized boarding; provided that, where the portion of unauthorized boarding can not 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.

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 and such as well as a fully collapsible 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 and such as well as a fully collapsible 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 and such as well as a fully collapsible 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 December 2009.