Terms and conditions of carriage for AirAsia Japan Co., Ltd.

Article 1
Definitions
1.1 Meanings: In these Terms and Conditions of Carriage (“Terms and Conditions”), these particular expressions shall have the following meanings:
  • "Agent" means any individual or entity such as employee, travel agent or contractor of us who assists in the performance of these Terms and Conditions.
  • "Applicable Laws, etc." means such laws, cabinet orders and ministerial ordinances and other governmental regulations, rules, orders, demands or requirements of any state or country as will apply to Carriage by us.
  • "Baggage" means Passenger’s personal property accompanying such Passenger in connection with the trip. Unless otherwise specified, it includes both Checked and Unchecked Baggage;
  • "Baggage Identification Tag" means a document issued by us solely for identification of Checked Baggage.
  • "Carriage" means carriage of Passenger and/or Baggage by air, either gratuitous or for reward.
  • "Checked Baggage" means Baggage of which we take custody and for which we have issued a Baggage Identification Tag.
  • "Conditions of Contract" means those statements contained in or delivered with Itinerary, identified as such and which incorporate by reference, these Terms and Conditions and notices available at our offices and check-in counters.
  • "Convention" means whichever of the following instruments applicable to the contract of Carriage:
    "Convention for the Unification of Certain Rules Relating to International Carriage by Air", signed at Warsaw on 12th October, 1929 ("Warsaw Convention");
    "Warsaw Convention as amended at The Hague in 1955" signed at The Hague on 28th September, 1955;
    "Warsaw Convention" as amended by Additional Protocol No. 1 of Montreal 1975;
    "Warsaw Convention as amended at The Hague in 1955" as amended by Additional Protocol No. 2 of Montreal 1975, or
    "Convention for the Unification of Certain Rules for International Carriage by Air", concluded at Montreal on 28th May, 1999 ("Montreal Convention").
  • "Damage" means damages caused to Passenger by Carriage or ancillary services provided in relation to Carriage, including but not limited to death, bodily injury to Passenger, delay of Carriage of Passenger and/or Baggage, and loss or impairment to Baggage.
  • "Domestic Carriage" means Carriage in which, according to the contract of Carriage, the place of departure and the point of destination or transit is all situated in Japan.
  • "Fares", “Fees” and “Charges” mean our fares, fees and charges published electronically and/or on paper.
  • "Flight Coupon" means a portion of Ticket that bears the notation "good for passage" and indicates the particular places between which Passenger is entitled to be carried.
  • "Passenger" means any person, except members of the crew, carried or to be carried in the aircraft with our consent.
  • "International Carriage" means (except where the Convention is applicable) Carriage in which, according to the contract of Carriage, the place of departure and the point of destination or transit are situated in two or more countries. As used in this definition, the term "country", which is equivalent to "state", shall include any territory subject to its sovereignty, suzerainty, mandate, authority or trusteeship.
  • "Itinerary" means a document issued by us or on our behalf to Passenger that includes Passenger's name, flight information, booking number, and Conditions of Contract.
  • "Route" means a flight from the airport at the point of origin to the airport at the point of destination.
  • "Seat" means a seat in our aircraft.
  • "SDR" means Special Drawing Rights as defined by the International Monetary Fund. Conversion of the SDR sum into a national currency shall, in the case of judicial proceedings, be made at the exchange rate between the currency and SDR on the date of the final court hearing of such proceedings and, in any other case, at the exchange rate between the currency and SDR prevailing on the date on which the amount of Damage is finally fixed or on which the value of Baggage is declared.
  • "Ticket" means Itinerary and Flight Coupon issued electronically or on paper.
  • "Unchecked Baggage"means any Baggage other than Checked Baggage including all items brought by Passenger into the aircraft cabin.
  • "We", "our", "ourselves", and "us" mean AirAsia Japan Co., Ltd.
  • "Website" means the internet site www.airasia.com.

* Unless the context otherwise requires, words importing the singular number include the plural number and vice versa, and words importing a gender include every gender.

1.2 Captions: The title or caption of each Article of these Terms and Conditions is for convenience only and is not to be used for interpretation of the text.
Article 2
Applicability
2.1 General: These Terms and Conditions apply to Carriage by air or by other means of transportation including surface transportation of Passenger and/or Baggage performed by us and to any liability we may have in relation to Carriage and such transportation. Nothing in these Terms and Conditions or our Conditions of Contract shall, unless permitted by the Convention and otherwise expressly provided herein, constitute a modification by us of any provision of the Convention, or waiver by us of any right granted to it by the Convention.
2.2 Applicable Conditions: Any Carriage of Passenger and/or Baggage shall be subject to these Terms and Conditions, our Conditions of Contract and our internal regulations we may have dealing with particular subjects in effect as of the date of commencement of the Carriage covered by Ticket.
2.3 Terms and Conditions Prevail: Passenger shall acknowledge and agree to these Terms and Conditions and our internal regulations. Except as provided in these Terms and Conditions, in the event of inconsistency among these Terms and Conditions, our Conditions of Contract and our internal regulations, these Terms and Conditions shall prevail. Furthermore, if we enter into a contract of Carriage with specific conditions, such conditions shall prevail over these Terms and Conditions.
2.4 Change of Terms and Conditions, etc.; : Except as prohibited by Applicable Laws, etc., we may change these Terms and Conditions, our internal regulations, published Fares, Fees and Charges, flight schedules, Routes, and prebooked products and services at any time and from time to time without prior notice; provided however, that no contract of Carriage shall be subject to such change made after the commencement of such Carriage. For the avoidance of doubt, we apply Fees and/or discount rate quoted for the booked products and services which are published at the time of booking.
2.5 Language: The language of these Terms and Conditions is English and even though there may be translations of these Terms and Conditions in other languages, English shall be the sole language used in the interpretation of these Terms and Conditions.
2.6 Governing Law: The Convention shall in principle apply to any Carriage of Passenger and/or Baggage by us and any service incidental thereto, each to be performed or provided by us at Fares, Fees and Charges published in connection with these Terms and Conditions; provided, however, that Carriage of Passenger and/or Baggage by us to which the Convention does not apply and any service incidental thereto shall be governed by and construed in accordance with the laws of Japan without reference to any conflict of laws provisions in any body of law that would otherwise apply. If any dispute arises in connection with Carriage by us under these Terms and Conditions, the Nagoya District Court shall have exclusive first instance jurisdiction over such dispute to the extent not in conflict with the Convention.
Article 3
Tickets / Itinerary
3.1 Prima Facie Evidence of Contract: Itinerary is prima facie evidence of the contract of Carriage between Passenger and us. Itinerary, these Terms and Conditions and Conditions of Contract (including applicable Fares) together constitute the terms and conditions of the contract of Carriage between Passenger and us.
3.2 Transferability: Itinerary is applicable only to Passenger named therein and is not transferrable to any third parties.
3.3 Validity: Itinerary is only valid for Passenger named and flight specified therein. Passenger shall, upon request by the Agents or airport officials, present his/her own Ticket which was issued in accordance with our internal regulations and is valid for the flight such Passenger is boarding.
3.4 Identification: We will provide Carriage only to Passenger named in Itinerary. Passenger will be required to produce appropriate identification at check-in.
Article 4
Fares
4.1 General: Fares apply only to Carriage from the airport at the point of origin to the airport at the point of destination. Fares exclude ground transport services between airports and between airports and town terminals unless otherwise provided by us. We are a point-to-point carrier, and unless otherwise provided in Applicable Laws, etc. or these Terms and Conditions, we shall not be liable to Passenger for failure to meet any connecting flights.
4.2 Infants: Fares for infants between nine (9) days old to under the age of two (2)(24 months) years old (on the date of travel for the first outbound flight) are provided for in the Website. An infant may travel provided such infant sits on an adult's lap. Only one (1) infant is allowed for one (1) adult. The number of infants is limited per flight due to safety regulations and as such, there may be a possibility that we may not be able to accommodate Passenger’s request to carry infants with such Passenger.
4.3 Government Taxes and Charges: Unless otherwise provided by us, any government taxes and charges imposed on air travel by the government, relevant authority or the airport operator in respect of use of any of our services or facilities will be in addition to Fares, Fees and Charges and shall be borne by Passenger. Such government taxes and charges imposed on air travel may change from time to time and can be imposed even after the date that the booking has been confirmed. Passenger shall nevertheless bear such government taxes and charges as and when they fall due prior to departure. Please refer to our Fee Schedule for amounts on government taxes and charges.
4.4 Currency: Fares, Fees and Charges are payable in the currency prescribed with our published Fares unless otherwise provided by us.
4.5 Applicable Fares: Unless otherwise provided in Applicable Laws, etc., we apply Fares which are valid and published at the time of the issuance of Itinerary. Fares may exclude Fees and other Charges unless otherwise provided in Applicable Laws, etc. or these Terms and Conditions.
Article 5
Booking of Seats
5.1 Confirmation of Booking: Booking of a Seat is confirmed after full payment of Fare, and Itinerary is issued thereafter. Once confirmed, the booking cannot be cancelled and the payment made is not refundable unless otherwise provided in Applicable Laws, etc. or these Terms and Conditions.
5.2 Group Bookings: Group bookings are governed by specific terms that vary from time to time. Please contact us for further details.
5.3 Booking Changes: Unless otherwise provided in Applicable Laws, etc., in case of a change to a booking upon Passenger’s request after such booking has been confirmed, we will apply Fares and Fees valid and published at the time of such change, additional Charges and certain limitations as set forth in the Website as well as in the following conditions:
  1. if a lower Fare is available, the original Fare shall apply and the difference in Fares will not be refunded;
  2. if the new flight booked is in a higher Fare class than that of the cancelled booked flight, the difference between the original and the higher Fares shall be paid by Passenger before the change is confirmed;
  3. new Itinerary will be issued after the change is confirmed; and
  4. changes on Route are not allowed.
5.4 Promotional Fares: Article 5.3 does not apply to certain selected promotional Fares.
5.5 Name Change: Once a booking has been confirmed, Passenger is not allowed to substitute the Passenger named in the confirmed booking with another person’s name.
5.6 Payment: Fares must be paid in full when a booking is made.
5.7 Personal Data: Passenger shall acknowledge and agree that Passenger’s personal data has been given to us as well as to our group companies for the following purposes:
  1. making bookings for Carriage and providing Passenger with confirmation of that booking;
  2. providing and developing ancillary services and facilities;
  3. facilitating immigration and entry procedures;
  4. checking validity of credit or other payment cards; and
  5. security, administrative and legal purposes.
For these purposes, by entering into the contract of Carriage with us, Passenger shall authorize the recipients to retain and use his/her personal data and to transmit it to our own offices, our group companies’ offices, and Agents, third party business associates, government agencies, other carriers, and the providers of the services mentioned above located in the point of destination, or the place of departure, transit or transfer. Please refer to AirAsia’s Privacy Policy for the detailed terms on treatment of Passenger’s personal data.
5.8 Seating: We do not guarantee to provide any particular Seat in the aircraft, and Passenger shall accept any Seat that may be allotted or is otherwise made available on the flight. Unless booking a preferred Seat in accordance with Article 5.8.1, Passenger will be allocated a Seat upon check-in. We reserve the right to re-assign Seats at any time, including after boarding of the aircraft. This may be necessary for operational reasons. Passenger is not allowed to move to a Seat of higher value when on board.
5.8.1 Seat Option: Subject to availability, Passenger may book a preferred Seat prior to the scheduled time of departure. Please refer to our Fee Schedule for the Fee. Even if Passenger books a preferred Seat, we reserve the right to assign or reassign Seats at any time, before or after boarding of the aircraft when necessary for operational reasons. We do not guarantee any specific seat reassignments, whether for an aisle, window, exit row, or other type of seat. We will, however, make reasonable efforts to honour paid seat assignments. Passenger is not allowed to move to a Seat of higher value when on board.
5.8.2 If at any time after Passenger successfully books a Seat in accordance with Article 5.8.1, and the booked flight is changed to another flight due to our schedules change, delay or cancellation for any reason whatsoever, we shall at our option, either:
  1. carry the Passenger on the same Seat on the next available flight;
  2. carry the Passenger on a Seat of equivalent value on the next available flight; or
  3. carry the Passenger on any randomly assigned Seat on the next available flight whereby we will then refund the Passenger the Fee for the Seat.
The options outlined in this Article 5.8.2 are the sole and exclusive remedies available to Passenger on booked Seat, and unless otherwise provided in Applicable Laws, etc. or these Terms and Conditions, we shall have no further liability to Passenger for booked Seat.
5.9.1 Inflight Products and Services: Provision of inflight products and services is subject to availability. Inflight products and services are non-refundable, and non-transferable while on board once purchased. We do not accept any bookings or changes to inflight products and services within 24 hours from the scheduled flight departure time. We reserve the right, without prior notice, to change the Fees or substitute any component for inflight products and services. For matching booking information with inflight products and services to be served, Passenger shall show his/her Flight Coupon to our cabin crew to redeem pre-booked inflight products and services.
5.9.2 Meals: Our inflight meals may contain nuts, dairy and/or gluten. We do not accept any bookings or changes to meal selections within 24 hours from the scheduled flight departure time. We reserve the right, without prior notice, to change the prices for pre-booked meals, substitute any component of the pre-booked meal with an item of similar value subject to availability or aircraft suitability. For matching booking information with inflight meals to be served, Passenger shall show his/her boarding pass to our cabin crew to redeem pre-booked meals.
5.10 Travel Insurance: As our liability to Passenger is limited, we recommend that Passenger purchase travel insurance to cover:
  1. changes in travel plans and travel cancellation;
  2. loss, delay or Damage to Baggage; and
  3. medical cost incurred including charges imposed in cases of emergencies at port of departure and arrival
Article 6
Check-in and Other Requirements of Carriage
6.1.1 Check-In, Deadlines and Conditions: Our check-in counters are open three (3) hours before the scheduled flight departure time for international flights and two (2) hours before the scheduled flight departure time for domestic flights. The counters close sixty (60) minutes before the scheduled flight departure time for international flights and thirty (30) minutes before the scheduled flight departure time for domestic flights. Check-in deadlines may vary at different airports and for particular flights. It is Passenger’s responsibility to ensure that he/she complies with these deadlines particulars of which will be available at the time of booking.
6.1.2 Self Check-in: We offer self check-in facilities. The facilities are subject to specific requirements and restrictions to changes after checking which are available in the Website.
6.1.3 Overbooking: There is a chance a Seat may not be available to Passenger even if the booking is confirmed due to overbooking. In the event of such unavailability of Seat, we shall provide Passenger with compensation in accordance with our internal regulations, such as alternative transportation, accommodation, meals and/or else, and also at the Passenger’s option, either:
  1. carry the Passenger at the earliest opportunity on another of our scheduled services on which space is available without additional Charges and, where necessary, extend the validity of the booking;
  2. retain the value of the Fare in the Passenger’s credit account for future travel if such Passenger chooses to travel at another time, provided that such Passenger must re-book within ninety (90) days therefrom; or
  3. refund the value of the Fare for cancelled booking to the credit card or debit card used for payment of the Fare (in case of making payment in cash via kiosk machine available for the transaction, to the Passenger’s designated bank account) pursuant to Article 10.3 if such Passenger decides not to proceed with the trip.
6.1.4 Sole Remedies: The options outlined in Article 6.1.3 are the sole and exclusive remedies available to Passenger with regard to unavailability of a Seat due to system errors or overbooking, and we shall have no further liability to Passenger.
6.2.1 Boarding: Boarding closes twenty (20) minutes prior to departure. If Passenger arrives later than this at the boarding gate, such Passenger will not be accepted for travel.
6.2.2 Passenger who purchased a specific Seat will be given priority queuing from the general boarding which will allow them to proceed to the aircraft first. Please refer to the Website for detail. Once general boarding has commenced, Passenger who is given priority queuing shall join the general boarding queue.
6.3 No-show: Passenger must be present at check in on time and be present at the boarding gate not later than the time specified by us at the time of check in. Failing to check in on time and boarding the aircraft by the time the aircraft departs, the Fare paid will not be refunded to Passenger for any reason whatsoever unless specifically stated in Applicable Laws, etc. or our negligence is acknowledged.
6.4 Compliance: Passenger is solely responsible for complying with Applicable Laws, etc. of countries flown from, into or over and with our Terms and Conditions, notices and instructions (whether given orally or in writing or otherwise given by us) relating thereto. We shall not be liable in any way whatsoever to Passenger’s fulfilling or negligence to fulfil such obligations set forth in this Article 6.4.
6.5 Travel Documents: Passenger is responsible for obtaining and must possess and make available for presentation as required by the relevant authorities all entry and exit, health and other documents required by Applicable Laws, etc. of the countries flown from, into or over. We reserve the right to refuse Carriage of any Passenger who is not in compliant with, or whose documents do not appear to comply with Applicable Laws, etc.
6.6 Documents Advisory

Domestic Carriage: Passenger traveling on domestic Route is required to produce their original identification deemed necessary for all Domestic Carriage. Proof of age is required for Passenger who is an infant.

International Carriage: Passenger traveling on international Route must possess necessary travel documents such as valid passports and visas (when applicable) satisfying the requirements under the Applicable Laws, etc. of countries flown from, into or over.
6.7 Refusal of Entry: Passenger shall pay the applicable Fare whenever we, on order of any government or immigration authority, are required to return such Passenger to the point of origin or elsewhere, owing to the Passenger’s inadmissibility into a country, whether of transit or destination.
6.8 Passenger Responsible for Medical Costs etc.: If we are required to pay any costs by administering any medical care including paramedic services in cases of emergencies at ports of departure and arrival, Passenger shall on demand reimburse to us any amount so paid or to be paid.
6.9 Security Inspections and Health Checks: Passenger shall submit to any security inspections by government and/or airport officials or by us. If Passenger refuses to comply with such security inspections, we will refuse Carriage of the Passenger and Baggage without refund of Fare and without any other liability to the Passenger, unless otherwise provided in Applicable Laws, etc. or these Terms and Conditions. Also, Passenger shall submit to any health checks that may be conducted by government and/or airport officials.
Article 7
Refusal and Limitation of Carriage
7.1 Right to refuse carriage: We may refuse to carry Passenger and/or Baggage, if, in the exercise of our reasonable discretion, we determine that:
  1. such action is necessary for reasons of safety or security;
  2. such action is necessary in order to comply with Applicable Laws, etc., of any state or country to be flown from, into or over;
  3. physical condition of Passenger and/or Baggage may cause a hazard or risk to:
    (i) the Passenger, other Passenger and/or our crew; or
    (ii) property of the Passenger, other Passenger, our crew, and/or us;
  4. the Passenger has committed misconduct on a previous flight and there is a reasonable likelihood that such conduct may be repeated;
  5. the Passenger has not observed, or are likely to fail to observe, our instructions;
  6. the Passenger has refused to submit to a security check;
  7. the applicable Fares, Fees, Charges or taxes payable have not been paid;
  8. the Passenger does not have the proper documents for travel;
  9. the booking of the Passenger’s Seat has been done fraudulently or unlawfully, or has been purchased from a person not authorized by us;
  10. Itinerary is counterfeit or fraudulently obtained;
  11. Itinerary has been altered by anyone other than us or the Agent, or has been mutilated (in which case we reserve the right to retain such documentation);
  12. the person presenting Ticket cannot prove that he/she is the person named in the "Passenger Name" section of the Ticket, in which case we reserve the right to retain such Ticket;
  13. the Passenger fails to check-in by the applicable check-in end time as set forth in Article 6.1.1;
  14. the Passenger requires special assistance from us; or
  15. the Passenger is a child who fails to satisfy the requirements as set forth in Article 7.2.
7.2 Unaccompanied Child: Certain requirements shall apply to Carriage of a child unless such child is accompanied by a person satisfying certain requirements. Please refer to the detailed terms in the Website.
7.3 Passenger Requiring Prior Arrangements: Unless otherwise determined by us, Passenger with a medical condition or illnesses is required to produce a valid medical certificate (dated no more than seven (7) days from the date of travel in case of infectious or contagious diseases) and sign a statement presented by us upon check in confirming that they are fit to travel. For the safety of other Passengers we reserve the right to deny boarding Passenger suffering from specific diseases at our sole discretion. Please refer to the detailed terms in the Website.

Passenger requiring special assistance or wheelchair service (including Passenger with service animals acceptable under our internal regulations) and Passenger with medical conditions or illnesses (including one who may require administering or carrying medication or syringes onboard) are required to contact us via our call centre to confirm with us the necessary arrangements prior to departure.
7.3.1 Travel with a companion: Passenger shall travel with a companion if
  1. it is essential for the Passenger’s safety;
  2. the Passenger is unable to assist in his/her own evacuation from the aircraft; or
  3. the Passenger is unable to understand safety instructions.
7.3.2 Seating: We will make reasonable seating accommodations for Passenger with specific requirements in accordance with Applicable Laws, etc. We reserve the right to re-assign Seats at any time, including after boarding of the aircraft. This may be necessary for safety reasons.
7.4 Pregnant Passenger: Pregnant Passenger is required to advise us of the progress of her pregnancy at the point of booking and at the check-in counter. Carriage of pregnant Passenger is subject to the conditions and restrictions set forth in the Website.
7.5 Child 8 days Old or Below: We reserve the right not to carry a child who is eight (8) days old or below. We may in our absolute discretion decide to carry such child when such Carriage is expressly sanctioned in writing by a medical practitioner and when a parent of the child signs a statement presented by us.
Article 8
Baggage
8.1 Items Unacceptable as Baggage: We reserve the right to refuse Carriage of the following Baggage and items found in Baggage:
  1. Items which are not properly packed in suitcases or other suitable containers in order to ensure safe Carriage with ordinary care and handling;
  2. Items defined as dangerous goods under the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) or the International Air Transport Association (IATA);
  3. Items the Carriage of which are prohibited by Applicable Laws, etc. of any state or country to be flown from, into or over;
  4. Items which in our reasonable opinion are unsuitable for Carriage by reason of their weight, shape, size or character;
  5. Fragile and/or perishable items;
  6. Live or dead animals;
  7. Human remains;
  8. Fresh or frozen seafood or meat which is not properly packed and sealed;
  9. Pungent-smelling fruits such as durian and jackfruit;
  10. Firearms or ammunition;
  11. Weapons such as antique firearms, swords, knives or similar items; or
  12. Any other items unacceptable as Baggage under our internal regulations, details of which are stated in the Website.
8.2 Valuable and Fragile Goods: Passenger is strongly advised not to check in valuable and fragile items (including money, jewelry, precious metals, silverware, electronic devices, computers, cameras, video equipment, negotiable papers, securities or other valuables, passports and other identification documents, title deeds, artifacts, manuscripts and the like) as Baggage. If they are checked in as Baggage, our responsibilities for such Baggage is limited to the scope as set forth in Article 12.
8.3 Conduct of Search: For reasons of safety and security, Passenger is required to undergo a search, x-ray or other type of scan on Baggage. We reserve the right to search Baggage in the bearer’s absence for the purpose of determining whether the bearer is in possession of or whether such Baggage contains any unacceptable or prohibited items. In the event that a search or scan causes Damage to Baggage, we shall not be liable for such Damage unless otherwise provided in Applicable Laws, etc. or such consequence is due to our fault or negligence. We will not be liable for locks damaged due to customs or security inspection at both arrival and departure airports.
8.4 Baggage Identification Tag: Upon delivery to us of Baggage to be checked, we shall take custody thereof and issue a Baggage Identification Tag for each piece of Checked Baggage. Checked Baggage must have the bearer’s name and other personal identification affixed securely to it. Checked Baggage will be carried on the same aircraft as the bearer unless we decide for operational reasons to carry it on an alternative flight. If Checked Baggage is carried on a subsequent flight we will deliver same to the bearer within a reasonable time of arrival of that flight unless Applicable Laws, etc. require the bearer to be present for customs clearance.
8.5 Checked Baggage: Passenger shall pay Baggage Fee for Carriage of Checked Baggage. Passenger checking in Baggage exceeding the amount purchased at time of booking will be charged on a per kg basis at our check-in counters. Please refer to the Website for Baggage Fees in detail. Unless otherwise provided in Applicable Laws, etc., or these Terms and Conditions, the Fee is non-refundable and non-transferable. Notwithstanding the foregoing, baby buggies, prams, manual wheelchairs, mobility devices and walking frames are carried free of charge provided these items are used by Passenger in the course of travelling.

For safety reasons, we will not accept any individual item exceeding thirty-two (32) kg and with combined dimensions of more than eighty-one (81) cm height, one hundred nineteen (119) cm wide and one hundred nineteen (119) cm depth. This weight limit does not apply to baby buggies, prams, manual wheelchairs, mobility devices and walking frames.

Sporting equipment may be carried in the hold of the aircraft upon payment of the Fee set out in the Fee Schedule. Passenger is advised to purchase insurance for such equipment.
8.6 Unchecked Baggage: Passenger (except infant) may carry on board the maximum of two (2) pieces of Unchecked Baggage, which shall be chosen from a cabin bag, laptop bag, handbag and any other small bag, provided that such two (2) pieces of Unchecked Baggage must not weigh more than seven (7) kg in total. If Passenger chooses a cabin bag as a piece of his/her Unchecked Baggage, such cabin bag shall not exceed the dimensions of 56cm X 36cm X 23cm and must fit under the seat in front of such Passenger or in an enclosed storage compartment in the cabin, and the rest of Unchecked Baggage must be chosen from any one of laptop bag, handbag and any other small bag, if such Passenger wishes to carry two (2) Unchecked Baggage on board. In addition to the above-mentioned Unchecked Baggage, Passenger may carry on board certain items under our internal regulations. Please refer to the Website for detailed information on Unchecked Baggage.


Any Unchecked Baggage of excessive weight or size will not be permitted on board, and Passenger is advised to check in such Baggage as Checked Baggage at the airport check-in counters in accordance with Article 8.5, failing which, we reserve the right to check in such Baggage as Checked Baggage upon boarding subject to gate baggage fee payable at the boarding gate (please refer to our Fee Schedule). For International Carriage, Passenger may take liquid on board in Unchecked Baggage provided all of the following restrictions are met:
  1. The liquid is in a container with a maximum volume of a hundred (100) ml; and
  2. The all liquid containers meeting the maximum volume of a hundred (100) ml each can be fitted comfortably into a transparent, re-sealable one (1) litre plastic bag. The plastic bag should be presented separately at security.

Passenger may be required to dispose of liquids which do not meet the above requirements.

8.7 Collection and Delivery of Baggage: Passenger shall collect Baggage as soon as it is available for collection at places of destination. If Passenger does not collect Baggage within a reasonable time and Baggage needs to be stored at our premises, we may charge a storage Fee. If Checked Baggage is not claimed within one (1) month of the time it was made available to Passenger, we may dispose of it without any liability to the Passenger. Only the bearer of the Baggage Identification Tag delivered to the Passenger at the time the Baggage was checked, is entitled to delivery of Baggage. If a person claiming the Baggage is unable to produce a Baggage Identification Tag for identification of the Baggage, we will deliver the Baggage to such person only on condition that he/she has established to our satisfaction his/her right thereto, and if required by us, such person shall take necessary actions pursuant to our internal regulations so that we will be exempted from any loss or expense which may be incurred by us as a result of such delivery to the person. Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is prima facie evidence that the Baggage has been delivered in good condition and in accordance with the contract of Carriage.
Article 9
Schedules, Cancellations
9.1 Schedules: We will use our best efforts to avoid delay in carrying Passenger and/or Baggage, and endeavour to adhere to published schedules in effect on the date of travel. However, times shown in timetables, schedules or elsewhere are subject to change at any time and from time to time. Unless otherwise provided in these Terms and Conditions, we are not liable in any way whatsoever for any loss, Damage or expense incurred by Passengers as a result of such change.
9.2 Cancellation, Changes of Schedules for Reasons Attributable to Us, etc.: At any time after a booking has been made, changes, cancellations, diversions, postponements or delays of any flight may occur due to circumstances for reasons of safety or any other reasons which are attributable to us. In case we cancel our flight, fail to operate our flight according to the schedule beyond reasonable level, change the point of destination, or fail to provide Passenger with a Seat in our flight booked by such Passenger (provided, however, unavailability of a Seat for a reason provided in Article 6.1.3 shall be compensated pursuant to Article 6.1.3) for any of the reason provided in this Article (provided however, in the occurrence of the events provided in Article 6.1.3, Article 6.1.3 shall prevail), we shall, in accordance with our internal regulations and at Passenger’s option, either:
  1. carry the Passenger at the earliest opportunity on another of our scheduled services on which space is available without additional Charges and, where necessary, extend the validity of the booking;
  2. retain the value of the Fare in the Passenger’s credit account for future travel if such Passenger chooses to travel at another time, provided that such Passenger must re-book within ninety (90) days therefrom; or
  3. refund the value of the Fare to the credit card or debit card used for payment of the Fare (in case of making payment in cash via kiosk machine available for the transaction, to the Passenger’s designated bank account) pursuant to Article 10.3 if such Passenger decides not to proceed with the trip.
9.3 Cancellation, Changes of Schedules due to Force Majeure, etc. : At any time after a booking has been made, changes, cancellations, diversions, postponements or delays of any flight may occur due to circumstances beyond our control (including, but not limited to, force majeure such as meteorological conditions, acts of God, strikes, riots, civil commotions, embargoes, wars, hostilities, disturbances and unstable international relations). In case we cancel our flight, fail to operate our flight according to the schedule beyond reasonable level, change the point of destination, or fail to provide Passenger with a Seat in our flight booked by such Passenger for any of the circumstance provided in this Article, we shall, in accordance with our internal regulations, carry Passenger at the earliest opportunity on another of our scheduled services on which space is available without additional Charges and, where necessary, extend the validity of the booking. Provided however, in place of the above-mentioned action, we shall, at our own discretion and in accordance with our internal regulations, either:
  1. retain the value of Fare in Passenger’s credit account for future travel if such Passenger chooses to travel at another time, provided that such Passenger must re-book within ninety (90) days therefrom; or
  2. refund the value of the Fare to credit card or debit card used for payment of the Fare (in case of making payment in cash via kiosk machine available for the transaction, to the Passenger’s designated bank account) pursuant to Article 10.4 if such Passenger decides not to proceed with the trip.
9.4 Sole remedies: The options outlined in Articles 9.2 and 9.3 are the sole and exclusive remedies available to Passenger and we shall have no further liability to Passenger.
Article 10
Refunds
10.1 General: In the event that Passenger fails to use Ticket or a portion thereof for a reason provided in Article 10.3 or Article 10.4, we shall make a refund in originally paid currency for such unused Ticket or portion in accordance with this Article and our internal regulations. In the event that Passenger fails to use Ticket or a portion thereof for any reason other than that provided in Article 10.3 or Article 10.4, including, but not limited to, a voluntary refund made by Passenger, we shall not refund to Passenger any Fare and Charges received from Passenger for such unused Ticket or portion thereof other than as set forth in Article 10.5.
10.2 Person Entitled to Refund: When we make a refund pursuant to these Terms and Conditions and our internal regulations, we shall make a refund to either one of the following persons:
  1. the person named or recorded on Ticket as a revenue Passenger or;
  2. the person who purchased Ticket upon presentation to us of satisfactory evidence to prove that he/she is entitled to such refund.
10.3 Involuntary Refunds: The term "Involuntary Refund" means any refund made when Passenger is prevented from using Carriage provided for in Ticket because we cancel a flight, fail to operate a flight according to the schedule beyond our control, fail to stop at Passenger's destination point for any reason provided in Article 9.2, or fail to provide Passenger with a Seat in the flight booked by such Passenger for any reason provided in Article 6.1.3, or refuse to carry or remove Passenger pursuant to any of Article 7.1 (a), (b), (c), (d), (e), (n), and (o), and the amount of the refund shall be:
  1. if no portion of the trip has been made, an amount equal to Fare paid; or,
  2. if a portion of the trip has been made, the higher of the following:
  3. (i) the amount equal to Fare, less the same rate of discount, if any, that was applied in computing the original Fare, and Charges applicable to the unused transportation from the point of termination of travel (or the point at which transportation was to be resumed in the absence of the termination) to the destination point indicated or recorded on Ticket; or
    (ii) the difference between Fare paid and Fare for the Carriage completed.
10.4 Refunds Due to Force Majeure, etc.: In the event that we cancel a flight, fail to operate a flight according to the schedule beyond reasonable level, fail to stop at Passenger's destination point for any circumstance provided in Article 9.3, we shall, at its option, make a refund pursuant to Article 9.3(c), and the amount of the refund shall be:
  1. if no portion of the trip has been made, Fare paid; or
  2. if a portion of the trip has been made, the higher of the following:
    (i) the amount equal to Fare, less the same rate of discount, if any, that was applied in computing the original Fare, and Charges applicable to the unused transportation from the point of termination of travel (or the point at which transportation was to be resumed in the absence of the termination) to the destination point indicated or recorded on Ticket ; or
    (ii) the difference between Fare paid and Fare for the Carriage completed.
10.5 Refunds for Reasons Other Than Involuntary Refunds and Force Majeure, etc. : Unless required by Applicable Laws, etc., we shall make a refund on government taxes or charges imposed on air travel by the government, relevant authority or the airport operator as set forth in Article 4.3 only for reasons not specified in Article 10.3 or Article 10.4. Such government taxes or charges are only refundable if requested in writing within six (6) months of the travel date and the refund is subject to a refund processing fee, where applicable.
10.6 Right to Refuse Refund: We may refuse to grant a refund for Ticket in the event that:
  1. In case of a request for a refund based on Article 10.3 or Article 10.4, such request is filed more than thirty (30) days after the departure date indicated or recorded on Ticket. If Passenger does not board flight of which the Passenger made a reservation without prior notice to us, Article 6.3 shall apply;
  2. With regard to Passenger’s Ticket presented to us or to government officials of a country as evidence of such Passenger’s intention to depart therefrom, such Passenger fails to show sufficient evidence that he/she has permission to remain in the country or that he/she will depart therefrom by other carrier or other transportation service; or
  3. Carriage of Passenger is refused or he/she is removed pursuant to any of Article 7.1 (f), (g), (h), (i), (j), (k), (l) and (m), provided, however, that only if the Passenger pays part of Fares, Charges or taxes, and Carriage of the Passenger is refused or he/she is removed in accordance with Article 7.1(g), we shall refund to the Passenger the money received from such Passenger.
10.7 Currency Used for Refund: We make a refund in currency Passenger originally used for payment of the Ticket.
Article 11
Conduct Aboard Aircraft
11.1 If, in our reasonable opinion, Passenger conducts himself/herself on board the aircraft so as to endanger the aircraft, other Passenger or property on board; obstruct or hinder the crew in the performance of their duties; fail to comply with any instruction of the crew including but not limited to those with respect to smoking in any form including E-cigarettes, alcohol, use of cellular telephones; or use any threatening, abusive or insulting words towards the crew; we may take such measures as we deem necessary to prevent continuation of such conduct including restraint. Passenger may be disembarked and refused onward Carriage at any point and may be prosecuted for offences committed on board the aircraft.
11.2 If, as a result of Passenger’s conduct as provided in Article 11.1, we decide, in exercise of our reasonable discretion, to divert the aircraft for the purpose of offloading such Passenger, such Passenger shall be liable for all costs which we incur of any nature whatsoever as a result of or arising out of that diversion.
11.3 For safety reasons, we may forbid or limit operation on board the aircraft of electronic equipment, including but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio-controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.
11.4 Our Fares are not inclusive of complimentary onboard meals and beverages. As set forth in Article 5.9.2, Passenger can pre-book meals 24 hours prior to the scheduled time of departure or purchase them onboard.
Article 12
Liability Limitations
12.1 Carriage performed by us shall be subject to the rules and limitations relating to liability established by the Convention as applicable to such Carriage unless such Carriage is International or Domestic Carriage to which the Convention does not apply.
12.2 To the extent not in conflict with the Article 12.1, any Carriage and other services to be performed or provided by us shall be subject to the following:
  1. Applicable Laws, etc.; and
  2. These Terms and Conditions and Conditions of Contract, which may be inspected at any of our business offices and its offices in any airport from which it operates regular services.
12.3 Except as otherwise provided by the Convention or Applicable Laws, etc., our liability for Damage arising out of or in connection with our Carriage or other services incidental thereto performed or provided by us shall be as described hereinafter. If there has been intention or negligence on the part of Passengers, our liability shall be subject to the Applicable Laws, etc.
12.3.1 We shall not be liable for any Damage in respect of Unchecked Baggage not attributable to negligence of us. Assistance rendered to Passenger by the Agent in loading, unloading or transhipping Unchecked Baggage shall be considered as gratuitous service to the Passenger.
12.3.2 We shall not be liable for any Damage directly or indirectly arising out of its compliance with any Applicable Laws, etc., failure of Passenger to comply with the same or any cause beyond our control.
12.3.3 Where the Convention other than the Montreal Convention is applicable, the following shall apply.
  1. We agree in accordance with Article 22 (1) of the Convention that, as to all International Carriage performed by us and as defined in the Convention:
  2. (i) We shall not apply the applicable limit of liability to each Passenger based on Article 22 (1) of the Convention in defence of any claim arising out of death of or, wounding or other bodily injury to Passenger within the meaning of Article 17 of the Convention. However, except as provided in item a.ii below, we will not waive any defence to such claim that is available under Article 20 (1) of the Convention or any other Applicable Laws, etc.; and
    (ii) We shall not, with respect to any claim arising out of death of, or wounding or other bodily injury to, Passenger within the meaning of Article 17 of the Convention, avail itself of any defence under Article 20 (1) of the Convention up to the sum of 113,100 SDR exclusive of the costs of the claim including attorney's Fees which the court finds reasonable.
  3. Nothing herein shall affect the right of us with regard to any claim brought by, on behalf of, or in respect of any person who has willfully caused Damage which resulted in death of, or wounding or other bodily injury to Passenger.
12.3.4 In the case of International Carriage except as prescribed in Article 12.3.3, the following shall apply.
  1. In the case of Carriage subject to the Montreal Convention, our liability for Baggage shall be limited to 1,131 SDR for each Passenger.
  2. Except as provided in the preceding item, our liability shall be limited to 17 SDR (250 French Gold Francs) per kilogram in the case of International Carriage of Checked Baggage and 332 SDR (5,000 French Gold Francs) for each Passenger in the case of Carriage of Unchecked Baggage.
  3. In no case shall our liability exceed the actual amount of Damage suffered by Passenger. All claims shall be subject to proof by Passenger of the amount of Damage.
12.3.5 Where Article 12.3.4 (b) applies, in the event of delivery to Passenger of a part but not all of Checked Baggage or in the event of Damage with respect to a part but not all of Baggage, our liability with respect to the undelivered or damaged portion shall be reduced proportionately on the basis of the weight of Baggage, notwithstanding the value of any part of Checked Baggage or the contents thereof.
12.3.6 We shall not be liable for any Damage with respect to Passenger's Baggage caused by the contents thereof. Passenger whose property causes Damage to another Passenger's Baggage or our property shall indemnify us for all loss and expenses incurred by us as a result thereof.
12.3.7 We shall not be liable for any Damage to articles that are included in Passenger's Checked Baggage if and to the extent that the Damage resulted from an inherent defect, inadequate quality or flaw of the article, for example, any protruding parts of the Baggage or article, such as wheels, feet, straps, pull/telescoping handles, hangar hooks, loose flaps, zippers, pockets or other attached items, irrespective of our knowledge thereof.
12.3.8 We may refuse to accept any article that does not constitute Baggage under these Terms of Conditions; provided, however, that if the article is delivered to and received by us, it shall be subject to the Baggage valuation and limitation of liability set forth in these Terms and Conditions and shall also be subject to Fees and Charges published by us.
12.3.9 We shall issue Ticket or accept Checked Baggage for a sector Carriage for which is performed by any other carrier only as an agent of such carrier. We shall not be liable for any Damage caused outside a sector Carriage for which is performed by us. We shall neither be liable for any Damage caused to Checked Baggage outside a sector Carriage for which is performed by us, except where Passenger shall be entitled by the Convention to claim such Damage against us in case we are the first or the last carrier under the relevant contract of Carriage.
12.3.10 We shall not be liable in any event for any consequential or special or punitive Damage arising from Carriage complying with these Terms and Conditions and Conditions of Contract, whether or not we had knowledge that such Damage might arise.
12.3.11 Unless otherwise provided in these Terms and Conditions, we reserve any and all right of defence available under the Convention. We also reserve a right to make a subrogation claim against a third party that has contributed to Damage, with respect to a portion or all of any payment made by us in connection with the Damage.
12.3.12 Any exclusion or limitation of liability of us under these Terms and Conditions and our Conditions of Contract shall also apply to any of the Agent performing their respective duties and to any person or entity whose aircraft is used by us for Carriage and any of its officers, employees or agents performing their respective duties. The aggregate amount of compensation payable by us or the Agent shall not exceed the amount of our limitation of liability under these Terms and Conditions.
12.4 In the case of Domestic Carriage, the following shall apply.
    • (i) We shall be liable for any Damage arising in connection with the death or wounding of, or any other bodily injury suffered by Passenger, if the incident or accident which causes such Damage takes place on board the aircraft or in the course of embarking or disembarking the aircraft.
    • (ii) We shall be liable for any Damage arising in connection with the destruction or loss of, or Damage to, any Checked Baggage or any other article of Passenger of which we take custody, if the incident or accident that causes such Damage, takes place while such Checked Baggage or article is in our custody.
    • (iii) We shall not be liable for Damage as provided for in (i) and (ii) of this sub-Article if it is proved that we and/or the Agent has taken necessary measures to avoid such Damage or that we and/or the Agent were prevented from taking such measures.
    • (iv) We shall be liable for 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 Passenger only if it is proved that such destruction, loss or impairment was caused by the negligence of us and/or the Agent.
    • (v) We 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 our control, such as laws or regulations, governmental requirements, security requirements (including, but not limited to, prevention of unlawful seizure, control or destruction of the aircraft), adverse weather, force majeure, labour dispute actions, riots, civil commotions and wars; and we shall not be liable for any Damage arising as a result of taking such measures, unless we are held liable for such Damage pursuant to the preceding items (i) through (iv) of this sub-Article.
  1. We shall not be liable for any Damage arising in connection with destruction, loss of, or Damage to any Checked Baggage or any other article of Passenger that we take custody of, if such Damage is caused solely by any inherent defect, inadequate quality or flaw in the Baggage or the article, for example any protruding parts of the Baggage or article such as wheels, feet, straps, pull/telescoping handles, hangar hooks, loose flaps, zippers, pockets or other attached items.
  2. If we prove that any Damage has been caused by or in connection with the willful misconduct or negligence of Passenger, we 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.
  3. If we incur any Damage caused by Passenger's willful misconduct or negligence, or by his/her failure to observe these Terms and Conditions or any rules or regulations stipulated thereunder, the Passenger shall indemnify us for such Damage.
  4. Our liability for Carriage of Baggage shall be limited to a hundred fifty thousand (150,000) yen per Passenger, provided, however, that our liability shall not, under any circumstances, exceed the actual value of the Baggage.
  5. The limitation of liability provided for in this Article (e) shall not be applicable if it is proved that Damage has been caused by the willful misconduct or gross negligence of us and/or the Agent; provided, however, that if such Damage is caused by willful misconduct or gross negligence of the Agent, it shall also be proved that the Damage occurred while the Agent was performing his/her duties.
    • (i) If we issue Ticket or accept Baggage for Carriage of any other carrier, we shall do so only as an agent acting on behalf of such other carrier.
    • (ii) If Carriage of Passenger is performed successively by more than one carrier, any claim for Damage arising from such Carriage may be made only against the carrier that performed the Carriage causing the Damage. We shall not, under any circumstances, be liable for any Damage to Passenger if the same has arisen from Carriage by any other carrier.
  6. If a Passenger holding Ticket issued by us changes to another carrier with the consent of us 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 we shall bear no responsibility for such Carriage.
  7. If it is proved by an Agent that he/she was performing his/her own duties when any Damage as set forth in these Terms and Conditions occurred, such Agent may apply to such Damage any and all provisions pertaining to exclusion or limitation of liability of us in these Conditions of Carriage and any rules and regulations under these Terms and Conditions.
Article 13
Time Limitation on Claims and Actions
13.1 Notice of Claims: As provided in Article 8.7, acceptance of Checked Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is prima facie evidence that the Checked Baggage has been delivered in good condition and in accordance with the contract of Carriage, unless Passenger proves otherwise. If Passenger wishes to file a claim or an action regarding Damage to Checked Baggage, such Passenger must notify us as soon as discovering the Damage, and at the latest, within seven (7) days of receipt of the Checked Baggage. If Passenger wishes to file a claim or an action regarding delay of Checked Baggage, such Passenger must notify us within twenty-one (21) days from the date the Checked Baggage has been placed at his/her disposal. Every such notice must be in writing and posted or delivered to us within the above periods. In case Carriage is not International Carriage subject to the Convention or is Domestic Carriage, failure to give such notice shall not prevent the Passenger from filing a claim or an action if he/she proves that:
  1. It was not reasonably possible for him/her to give such notice;
  2. He/she was prevented from giving such notice by reason of any act of us; or
  3. We had knowledge of the Damage to such Passenger’s Baggage.
13.2 Limitation of actions: Any right to Damage shall be extinguished if a claim or an action is not brought against us within two (2) years of the date of arrival at the destination, or the date on which the aircraft was scheduled to arrive, or the date on which the Carriage stopped. The method of calculating the period of limitation shall be determined by law of the court where the case is heard.
Article 14
Modification and Waiver
14.1 None of the Agent has authority to alter, modify or waive any provisions of these Terms and Conditions.
Appendix
1 Effective Date: These Terms and Conditions shall become effective from October 17, 2017.


Last update: 17 October 2017