MESSAGE
What we sell is "time". Our product is the time it takes to shorten a 5-hour journey to 2 hours, or to complete a 3-day business trip in 1 day. Airplanes are nothing special. By freely using airplanes, you will be able to experience a new business style and create a new lifestyle.
CEO Chairman NISHIKUBO Shinichi
COMPANY
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Company
Microjet Inc.
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Address
Post code:163-0218
Shinjuku Sumitomo Building 18F Growth Shinjuku 2-6-1 Nishi-Shinjuku, Shinjuku-ku, Tokyo -
Business
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Board Member
Chairman CEO
NISHIKUBO Shinichi
President COO
TAKAHASHI Ryo
Director CFO
ONIZAWA KentoDirector NISHIMURA Tomoki Director IWASA Ryo Director SUZUKI Kohei Director SEKIKAWA Ace Director YOSHIMURA Kako Director YAMAMURA Serina Director YOSHIDA Koki Director ABE Shohei Auditor TAKASAKI Masaru
INQUIRY
Please contact us using the form below.
Conditions of Carriage
(Common to Domestic and International Carriage)
This English version of the Conditions of Carriage is provided for reference purposes only. The Japanese version shall constitute the official and governing version.
Article 1 Definitions
"Advance Arrangement" means any special arrangement between the charterer and MCJ made prior to carriage.
"Agreed Stopping Places" means those places, other than the place of departure and the destination, shown in a charter agreement as scheduled stopping places on the passenger’s route.
"Applicable Laws" 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 of a passenger and/or baggage to be performed by MCJ.
"Authorized Agent" means a sales agent appointed by MCJ to represent MCJ in the sale of carriage by charter flight over MCJ’s services.
"Baggage" means a passenger's personal property accompanying the passenger on the flight. Unless otherwise specified, it includes both checked baggage and unchecked baggage.
"Carriage by Charter Flight" means carriage of a passenger and/or baggage by air, gratuitous or for reward, pursuant to a charter agreement.
"Charges" means an amount to be paid for carriage by charter flight for such carriage or an amount to be paid for special or incidental services in connection with such carriage.
"Charter Agreement" means an agreement between a charterer and MCJ concerning the chartering of a whole or any portion of an aircraft equipped and manned with crew for one or more determined trip or trips, pursuant to which MCJ contracts with the charterer for carriage by charter flight of a passenger and/or baggage.
"Charter Flight Request Form" means an application form for a charter flight completed by the charterer in the form prescribed by MCJ, by which MCJ checks and confirms the charterer’s eligibility for the flight in accordance with the fare application rules established by MCJ and approved by the Ministry of Land, Infrastructure, Transport and Tourism of Japan. The charterer warrants that the statements in the charter flight request are true and correct to the best of his/her knowledge and belief.
"Charterer" means any person whose name appears on the charter agreement as the party contracting with MCJ. Any action taken by the charterer in respect of a reservation confirmation shall be deemed to be done as the passenger or as agent for the passenger.
"Checked Baggage" means baggage of which MCJ takes custody and loads into the baggage compartment.
"Child" means a person who has reached his/her second birthday but not his/her twelfth birthday as of the date and time of commencement of carriage.
"Company Personnel" means MCJ’s officers, employees, agents, contractors or other auxiliary persons used by MCJ in the performance of its obligations.
"Convention" means whichever of the following instruments is applicable to the contract of carriage: "Convention for the Unification of Certain Rules Relating to International Carriage by Air", signed at Warsaw on 12 October 1929 (hereinafter referred to as the "Warsaw Convention"); "Warsaw Convention as amended at The Hague in 1955", signed at The Hague on 28 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; and "Convention for the Unification of Certain Rules for International Carriage by Air", done at Montreal on 28 May 1999 (hereinafter referred to as the "Montreal Convention").
"Days" means calendar days, including Sundays and national holidays; provided that, for the purpose of calculating the number of days for notice, the day on which such notice is dispatched shall not be counted.
"Destination" means the ultimate destination under a contract of carriage. In the case of a trip which returns to the place of departure, the destination is the same as the place of departure.
"Domestic Carriage" means carriage other than international carriage, in which, according to the contract of carriage, the place of departure, the destination and all agreed stopping places are situated within Japan.
"French Gold Francs" means French francs consisting of 65 1/2 milligrams of gold at the standard of fineness of nine hundred thousandths. French Gold Francs may be converted into any national currency in round figures.
"Infant" means a person who has not reached his/her second birthday as of the date and time of commencement of carriage.
"International Carriage" means, in addition to carriage to which the Convention applies, carriage by charter flight in which, according to the contract of carriage, the place of departure and the destination or agreed stopping places are situated in two or more countries. As used in this definition, the term "country," which is equivalent to "state," includes any territory subject to its sovereignty, suzerainty, mandate, authority or trusteeship.
"MCJ" means Microjet Inc.
"MCJ’s Regulations" means MCJ’s rules and regulations, other than these Conditions of Carriage, for passengers and/or baggage, including, but not limited to, MCJ’s tables of charges and rates.
"Passenger" means any person, except crew members, carried or to be carried in a chartered aircraft under the contract of carriage.
"Reservation Confirmation" means boarding information delivered or notified by MCJ or its authorized agent to a passenger by electronic means or in writing, which states all or part of the passenger’s name, scheduled boarding date, flight sector, meeting place and any other matters deemed necessary by MCJ, and which shall constitute evidence of the contract of carriage of the passenger between MCJ and the passenger pursuant to the charter agreement and evidence for confirming that such passenger is the person scheduled to board.
"SDR" means Special Drawing Rights as defined by the International Monetary Fund. Conversion of the SDR sum into a national currency shall be made, in the case of judicial proceedings, at the exchange rate between the currency and SDR prevailing 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 the damages is finally fixed or on which the value of baggage is declared.
"Stopover" means such deliberate interruption of travel by a passenger, at a point between the place of departure and the destination, as is approved in advance by MCJ.
"Unchecked Baggage" means any baggage other than checked baggage that MCJ has permitted a passenger to carry into the cabin.
Article 2 Application of Conditions
１. Nothing in these Conditions of Carriage or MCJ’s Regulations shall, unless permitted by the Convention and otherwise expressly provided herein, constitute a modification by MCJ of any provision of, or waiver by MCJ of any right granted to it by the Convention.
２. To the extent not in conflict with the Convention, these Conditions of Carriage shall apply to all carriage by charter flight of passengers and/or baggage and any service incidental thereto, each to be performed or provided by MCJ at charges established in connection with these Conditions of Carriage. These Conditions of Carriage shall constitute the terms and conditions under which MCJ performs or undertakes to perform such charter flight, to the same extent as if these Conditions of Carriage were included as terms and conditions in the charter agreement and expressly agreed to by the charterer and passengers.
３. If any special agreement is made with respect to certain provisions of these Conditions of Carriage, such special agreement shall apply notwithstanding such provision.
４. With respect to gratuitous carriage by charter flight, MCJ reserves the right to exclude the application of any provisions of these Conditions of Carriage.
５. Except where prohibited by Applicable Laws, MCJ may change, modify or amend these Conditions of Carriage or MCJ’s Regulations without prior notice; provided, however, that no such change, modification or amendment shall modify the terms and conditions applicable to carriage by charter flight after such carriage has commenced.
６. All carriage by charter flight of passengers and/or baggage shall be subject to these Conditions of Carriage and MCJ’s Regulations in effect as of the date of commencement of the carriage by charter flight.
Article 3 Charter Agreement
No carriage by charter flight shall be performed unless a charter agreement is executed between the charterer and MCJ.
Article 4 Selection of Flight Route
MCJ shall have the right to select the flight route for the charter flight; provided, however, that the shortest route which, in the opinion of MCJ, is safe and feasible will be followed.
Article 5 Substitution of Aircraft
１. In the event it is impossible for MCJ to provide the charterer with the type of aircraft specified in the charter agreement, MCJ may, without any notice and without any liability, arrange for the carriage to be performed by means of an aircraft of another type.
２. The charterer shall indemnify and hold MCJ harmless from claims by passengers and any other persons having any interest in the charter flight pursuant to such charter agreement, arising out of or in connection with such substitution of type of aircraft.
Article 6 Space and Weight Limitations
The charterer or passenger shall have the right to utilize all or any part of the space on the chartered aircraft during carriage by charter flight in accordance with the charter agreement; provided, however, that the space and weight available on any portion of the charter flight shall be decided by MCJ. Passengers and baggage will be carried within such space and weight limitations of the chartered aircraft. Any such space in the chartered aircraft not utilized by the charterer or passenger may be utilized by MCJ for the carriage of persons and property without diminution of the charter price and other charges and expenses as provided in Paragraph 1 of Article 12.
Article 7 Characteristics of Aircraft
The characteristics of the chartered aircraft available to the charterer shall be specified by MCJ at the execution of the charter agreement. Such characteristics may be changed by MCJ in case of adverse meteorological conditions, or for other operational, mechanical or economic reasons.
Article 8 Authority of Crew
The chartered aircraft shall at all times be under the command and control of MCJ’s crew in charge of such chartered aircraft, who are authorized to take all necessary measures to ensure safety. In this respect, such crew shall have complete discretion concerning the load carried, its distribution, the route to be flown, the time of departure from the original point and all other points of departure, whether the charter flight shall be undertaken and where landings should be made. The charterer and passengers shall accept such decisions and shall comply with all orders issued by such crew.
Article 9 False Representations and Other Violations by Charterer
１. MCJ may cancel a charter agreement, or, if carriage by charter flight has commenced, terminate carriage by charter flight immediately without special warning or formal notice being given and without liability of any kind to the charterer or any other persons having any interest in the charter flight, in the event that any provision of the charter agreement or Applicable Laws is violated or unobserved by the charterer, passenger or any other person having an interest in the charter flight, or in the event that any representation in the charter flight request form by the charterer is false.
２. In the event of such cancellation before the commencement of carriage by charter flight, MCJ may collect the cancellation charges provided in Article 15 from the charterer. In the event of such termination after the commencement of carriage by charter flight, MCJ may collect the cancellation charges provided in Article 15 as termination charges. Neither the cancellation nor the termination of a charter agreement for such reason shall affect MCJ’s right to collect damages from the charterer for such violation, non-observance or false representation. The charterer shall indemnify and hold MCJ harmless from claims by passengers and any other persons having any interest in the charter flight pursuant to such charter agreement, arising out of or in connection with such cancellation or termination.
Article 10 Necessary Arrangements by Charterer
The charterer shall make all necessary arrangements to ensure the arrival of passengers and the availability of baggage for boarding and loading at the time specified by MCJ or MCJ’s crew in charge of the chartered aircraft. In the event that the charterer does not have the passengers and/or baggage ready for boarding or loading at such specified time, MCJ shall be under no obligation to delay departure of any chartered aircraft operating any portion of the charter flight, and the charter flight may proceed without boarding all or any part of such passengers or loading all or any part of such baggage. In the event the charterer requests a delay in any such departure and MCJ agrees thereto, the charterer shall pay MCJ all additional charges, costs and expenses incurred by MCJ in connection with such delay.
Article 11 List of Passengers and Description of Property
Prior to the commencement of carriage by charter flight, the charterer shall furnish MCJ with a list of the names of all passengers and a declaration setting forth the description, weight and value of baggage to be transported on the charter flight, signed by or on behalf of the charterer.
Article 12 Charter Price
The following charges applicable to the charter flight (hereinafter referred to as the "Charter Price") shall be payable by the charterer:
(1) Flight charges computed on the basis of the charter hours from the time of commencement of the take-off run to the time of conclusion of the landing run of the chartered aircraft, or flight charges fixed for each sector;
(2) Ferry charges computed on the basis of the ferry hours (flight hours from the time of commencement of the take-off run to the time of conclusion of the landing run), or ferry charges fixed for each sector, if any ferry is necessary to place the chartered aircraft at the point required by the charterer and to return it to the point required by MCJ;
(3) Retaining or layover charges in case the chartered aircraft is delayed or held on the ground at the request of the charterer beyond the reasonable period ordinarily required;
(4) Valuation charges assessed on baggage in respect of the declared value;
(5) Landing charges, hangar charges, ground service charges and/or dispatch service charges assessed in connection with each landing or handling made by MCJ at an airport at the request of the charterer, or of a passenger or any other person on behalf of the charterer; and
(6) Costs of the chartered aircraft with crew, fuel and oil, and maintenance work.
Article 13 Accessorial Services and Charges
The following services or charges are not included in the charter price and shall be paid, in addition to such charter price, by the charterer or passenger, as the case may be, in accordance with the provisions of these Conditions of Carriage:
(1) Expenses relating to in-flight meals, including expenses relating to personnel serving them;
(2) Ground transportation services, including ground transfer services;
(3) Costs for visas, customs inspection fees, customs duties and any other taxes, charges, penalties and fees imposed in accordance with Applicable Laws;
(4) Costs for arranging ground service personnel or procuring special equipment, vehicles or facilities;
(5) Hotel accommodation expenses;
(6) Insurance charges;
(7) Storage and warehouse services;
(8) Advance charges and disbursement charges;
(9) Expenses for repairing faulty packing;
(10) Expenses associated with the procedures required to obtain permission for carriage by charter flight, including invitation letter arrangement fees, etc.; and
(11) Any other services, charges or expenses incidental to carriage by charter flight.
Article 14 Applicable Charter Price and Other Charges
１. Except as otherwise provided by MCJ, the charterer and/or passenger shall pay the applicable charter price and other charges and expenses for such carriage by charter flight, insofar as they have been ascertained before the commencement of carriage by charter flight, and MCJ will not perform carriage by charter flight unless such charges and expenses have been paid.
２. Except as otherwise provided in MCJ’s Regulations, the applicable charter price and other charges and expenses for carriage by charter flight shall be those in effect on the date on which the passenger boards the aircraft, as of the date of execution of a new charter agreement in the case of a new charter agreement, and as of the date of change in the case of a change to the charter agreement, with respect only to the charter price and other charges and expenses for the changed sector. When the charter price and other charges and expenses collected for such carriage by charter flight are not the charter price and other charges and expenses applicable pursuant to the foregoing, the difference will be refunded to or collected from the charterer or passenger, as the case may be, in accordance with the provisions of these Conditions of Carriage.
３.
(1) The charter price and other charges and expenses may be paid in a currency other than the currency in which such charter price and other charges and expenses are established, if such currency is specified by MCJ and such payment is not contrary to Applicable Laws. If payment is made in a currency other than the currency in which the charter price and other charges and expenses are established, such payment shall be made at the exchange rate established in accordance with MCJ’s Regulations.
(2) The charterer shall pay MCJ the charter price and other charges and expenses, prior to the commencement of carriage by charter flight, in the manner specified by MCJ. MCJ shall commence securing the aircraft and making other necessary arrangements for such carriage by charter flight when MCJ confirms such payment. A reservation for carriage by charter flight shall be formally established when the charterer pays the full amount of the charter price and other charges and expenses in the manner specified by MCJ and MCJ confirms such payment; provided, however, that, with respect to any charter price and other charges and expenses which cannot be determined before the commencement of carriage by charter flight, any necessary adjustment will be made after completion of, or in the course of, carriage by charter flight, and any additional amount due to MCJ shall be paid by the charterer or passenger, as the case may be, promptly upon receipt of notice from MCJ in accordance with the provisions of these Conditions of Carriage. If required by MCJ, the charterer or passenger must deposit with MCJ a sum estimated by MCJ to be sufficient to cover any charter price and other charges and expenses that cannot be determined before the commencement of carriage by charter flight. Any balance due from MCJ to the charterer or passenger, or vice versa, in connection with such deposit shall be settled after completion of carriage by charter flight and determination of the exact amount of such charter price and other charges and expenses.
Article 15 Cancellation Charges
The charterer may cancel the charter agreement by giving written notice. Such notice shall become effective upon receipt by MCJ. In such event, the charterer shall pay MCJ cancellation charges as follows. In the case of cancellation by the charterer under Paragraphs 1 and 2 below, the difference between the cancellation charges and the charter price and other charges and expenses collected shall be refunded to, or collected from, the charterer, as may be appropriate. Cancellation charges shall be as follows:
(1) No cancellation charge shall apply if cancellation is made 8 days or more before the scheduled date of commencement of carriage by charter flight;
(2) 30% of the charter price provided in the charter agreement if cancellation is made from 7 days to 2 days before the scheduled date of commencement of carriage by charter flight;
(3) 40% of the charter price provided in the charter agreement if cancellation is made on the day before the scheduled date of commencement of carriage by charter flight;
(4) 50% of the charter price provided in the charter agreement if cancellation is made on the scheduled date of commencement of carriage by charter flight and before the scheduled time of departure; and
(5) 100% of the charter price provided in the charter agreement if notice of cancellation is received on or after the scheduled time of departure.
Article 16 Indemnification
If the charterer cancels as provided in the preceding Article, the contract of carriage with the passenger pursuant to the charter agreement shall be automatically cancelled, and the charterer shall indemnify and hold MCJ harmless from claims by passengers and any other persons having any interest in the charter flight pursuant to such charter agreement, arising out of or in connection with such cancellation.
Article 17 Charter Price and Other Charges in Case of Cancellation and Termination
１. Unless otherwise specifically provided in these Conditions of Carriage, in the event of cancellation of the charter agreement before the commencement of carriage by charter flight, MCJ will, in principle, refund the charter price and other charges and expenses collected, after deducting the costs already actually incurred by MCJ and the charges and expenses payable by MCJ for such carriage by charter flight.
２. In the event of termination of carriage by charter flight after the commencement of carriage by charter flight, unless otherwise provided in these Conditions of Carriage, the charter price and other charges and expenses for the carriage already performed will be the sum of the flight charges for the carriage already performed, calculated in the manner prescribed by MCJ, plus other charges and expenses actually paid or incurred by MCJ for the carriage already performed, including landing charges, parking charges, hangar charges, ground service charges, dispatch service charges and other accessorial service charges, and the charter price and other charges and expenses shall be adjusted by such sum.
３. All refunds will be subject to the laws, regulations or orders of the country in which the charter price and other charges and expenses were paid and of the country in which the refund is being made. Subject to the foregoing, refunds will be made, at the option of MCJ, in the currency in which the charter price and other charges and expenses were paid, or in the lawful currency of Japan or of the country where the refund is made.
４. MCJ will require a written application for refund prepared in advance by the charterer or passenger on a form approved by MCJ, and any application for refund shall be made within 30 days from the boarding date indicated in the reservation confirmation.
５. Refunds of the charter price and other charges and expenses shall be made to the person who paid them to MCJ.
Article 18 Changes and Refunds Requested by the Charterer or Passenger
１. If the charterer or passenger requests a change to the date and time, sector, route, place of departure or destination, the charterer or passenger shall notify MCJ before the scheduled departure time of the charter flight. The specific handling of cancellation of the charter agreement, partial itinerary changes or refunds requested by the charterer or passenger shall be governed by these Conditions of Carriage and as separately provided by MCJ.
２. If MCJ approves the change set forth in the preceding paragraph, the charterer or passenger shall pay the charter price and other charges and expenses after such change in accordance with Article 14.
３. If it is necessary to cancel the existing charter agreement in connection with the change set forth in the preceding paragraph, the cancellation charges provided in Article 15 shall apply.
４. MCJ may be unable to accept the requested change due to the flight plan, arrangements for crew and aircraft, or other circumstances. In such case, any refund or adjustment shall be made in accordance with Articles 15 and 17.
Article 19 Schedules
１. MCJ undertakes to use its best efforts, within reasonable limits, to carry passengers and/or baggage according to the schedule in effect on the date of travel; provided, however, that times shown in timetables or elsewhere are scheduled times and are not guaranteed, and do not form part of the contract of carriage. Schedules may be changed without notice, due to any force majeure event set forth in Paragraph 1 of Article 21. MCJ shall not be liable for any resulting failure of the passenger or his/her baggage to make connections to other flights.
２. MCJ may, without prior notice, due to any force majeure event set forth in Paragraph 1 of Article 21, substitute aircraft for carriage undertaken by MCJ.
３. MCJ may, without prior notice, establish an intermediate stop depending on the distance from the place of departure designated by the passenger to the destination, the weather on the day of operation, the number of persons on board, the weight of baggage and other factors.
４. MCJ may, without prior notice, cancel, terminate, divert, postpone or delay any charter flight, or determine whether any take-off or landing should be made. In such case, MCJ shall act in accordance with Paragraphs 3 and 4 of Article 20 or Paragraphs 3 and 4 of Article 21, and shall assume no other liability whatsoever.
Article 20 Changes and Refunds for Reasons Attributable to MCJ
１. Reasons attributable to MCJ mean reasons other than reasons attributable to the charterer or passenger and reasons provided in Paragraph 1 of Article 21.
２. In any of the following cases for reasons attributable to MCJ, MCJ shall, at the option of the charterer or passenger, take the measures set forth in Paragraph 3 or 4 below:
(1) MCJ cancels the charter flight;
(2) MCJ fails, beyond reasonable limits, to operate the charter flight according to schedule; or
(3) MCJ fails to stop at the passenger’s destination or stopover point.
３. Change (1) MCJ will carry the passenger and baggage to the destination or stopover point indicated in the applicable reservation confirmation by means of an aircraft of MCJ that can be arranged.
(2) In the case of the preceding item, no adjustment shall be made for any difference in the charter price and other charges and expenses.
(3) If a passenger is unable to board the MCJ charter flight reserved as the passenger’s connecting flight because the preceding flight operated by another carrier, whether scheduled or charter, is delayed, cancelled, or otherwise affected by a schedule change, MCJ shall not be liable for such missed connection.
４. Refund If, for reasons attributable to MCJ as provided in this Article, a passenger is unable to use carriage under the reservation confirmation, the amount of refund shall be as follows:
(1) If no portion of the carriage by charter flight has been performed, the charter price and other charges and expenses collected; and
(2) If a portion of the carriage by charter flight has been performed, the difference between the charter price and other charges and expenses collected and the charter price and other charges and expenses for the carriage already performed.
Article 21 Changes and Refunds for Reasons Other than Reasons Attributable to MCJ or Passengers
１. Force majeure events mean any of the following:
(1) Any fact beyond MCJ’s control, including, but not limited to, force majeure such as meteorological conditions, acts of God, strikes, riots, civil commotions, embargoes, wars, hostilities, disturbances or unstable international relations, whether actual, threatened or reported, or any delay, demand, condition, circumstances or requirement directly or indirectly relating to such fact;
(2) Any fact not to be foreseen, anticipated or predicted;
(3) Applicable Laws;
(4) Shortage of labor, fuel or facilities, or labor problems of MCJ or others; or
(5) Mechanical or operational difficulties related to the safety of the chartered aircraft.
２. In any of the following cases due to a force majeure event, MCJ shall take the measures set forth in Paragraph 3 or 4 below:
(1) MCJ cancels the charter flight;
(2) MCJ fails, beyond reasonable limits, to operate the charter flight according to schedule; or
(3) MCJ fails to stop at the passenger’s destination or stopover point.
３. In the event of such cancellation before the commencement of the charter flight, MCJ shall refund the amount obtained by deducting the charges and expenses actually incurred by MCJ for such charter flight from the charter price and other charges and expenses collected.
４. In the event of such termination after the commencement of the charter flight, the charter price and other charges and expenses for the transportation performed shall be calculated in accordance with Paragraph 2 of Article 17 and the difference will be refunded.
Article 22 Reservation Confirmation
１.
(1) MCJ will not deliver or notify a reservation confirmation unless the applicable charter price and other charges and expenses are paid in accordance with the provisions of these Conditions of Carriage.
(2) A passenger must present a valid reservation confirmation duly issued in accordance with MCJ’s Regulations and covering the carriage by charter flight which he/she is actually to board.
(3) If a reservation confirmation is not presented, MCJ will not perform carriage for the travel to be made pursuant to such reservation confirmation or any portion thereof.
(4) A reservation confirmation shall not be transferable. MCJ shall not be liable to any person entitled to be carried if MCJ accepts carriage under a reservation confirmation presented by any person other than the person so entitled. If a reservation confirmation is in fact used by any person other than the person who is entitled to carriage, with or without such person’s knowledge and consent, MCJ shall not be liable for death of or injury to such unauthorized person or for loss, destruction, damage or delay in arrival of such unauthorized person’s baggage or other personal property arising from or in connection with such unauthorized use.
２. MCJ will collect the charter price and other charges and expenses in the prescribed manner and deliver or notify a reservation confirmation in paper or electronic form. At that time, the applicant must notify MCJ of each passenger’s name, age, sex, body weight and baggage weight.
３. A passenger agrees that personal data concerning the passenger may be provided to MCJ by the passenger or his/her agent, retained by MCJ, and transmitted by MCJ to MCJ’s branches or offices, other carriers, service providers, government authorities or other parties, as MCJ deems necessary, for the purpose of making reservations for carriage, providing incidental services, complying with governmental requirements or otherwise facilitating travel.
４. A passenger may be denied boarding if he/she fails to assemble at the place designated by MCJ by the time designated by MCJ.
Article 23 Refusal and Limitation of Carriage
MCJ may refuse to carry, or may disembark, a passenger if MCJ reasonably determines that any of the following applies. In such case, the passenger’s baggage shall be handled in the same manner. In the case of item (5)(iii) or (5)(iv) of this Article, in addition to the foregoing measures, MCJ may take such measures as it deems necessary to prevent the continuation of such conduct, including restraint of the person engaging in such conduct.
(1) When necessary for operational safety;
(2) When necessary in order to comply with Applicable Laws of the countries concerned, such as the country of departure, destination or transit;
(3)
(i) When the passenger falls under Article 33, Paragraph 1, item (2);
(ii) When the passenger is likely to attempt to enter illegally into the country of transit, such as by destroying immigration documents or other required documents;
(iii) When the passenger fails to comply with MCJ’s request to deposit with the crew, against a receipt, immigration documents or other required documents in order to prevent illegal entry;
(4) When the passenger falls under Paragraph 4 or 5 of Article 27;
(5) When the passenger’s conduct, age, or mental or physical condition falls under any of the following:
(i) The passenger requires special handling by MCJ;
(ii) The passenger is likely to cause discomfort or inconvenience to other passengers;
(iii) The passenger engages in conduct that is likely to endanger such passenger, other persons, the aircraft or property;
(iv) The passenger obstructs the crew in the performance of their duties or fails to comply with their instructions;
(v) The passenger uses electronic devices such as a mobile phone, portable radio, electronic game or personal computer on board without MCJ’s permission;
(vi) The passenger smokes* on board; provided, however, that, on charter flights on which MCJ specifically permits smoking on board, the passenger smokes outside the place designated by MCJ on board. *Smoking means the use of cigarettes, heated tobacco products or other smoking devices.
(6) When MCJ determines that the charterer, applicant or passenger falls under an organized crime group, a member of an organized crime group, a company or organization related to an organized crime group, a related person thereof, or any other anti-social force;
(7) When the charterer, applicant or passenger makes a violent demand against MCJ or company personnel, or demands a burden exceeding a reasonable scope; or
(8) When the person presenting the reservation confirmation cannot prove that he/she is the person named in the "passenger name" column of his/her reservation confirmation. In such case, MCJ may retain the reservation confirmation.
Article 24 Conditional Acceptance for Carriage
When MCJ carries a passenger who, based on age, mental or physical condition or other circumstances, may pose a danger or hazard to himself/herself, MCJ shall not be liable for death, injury, illness, disability or the aggravation or consequences thereof arising from such condition, age, mental or physical condition or other circumstances.
Article 25 Limitation of Carriage
１. Acceptance for carriage of an unaccompanied child or infant, a person with a physical or mental disability, a pregnant woman or an ill person shall be subject to MCJ’s Regulations and may require an advance arrangement with MCJ.
２. If there is a risk that the load on the chartered aircraft will exceed its space and weight limitations, MCJ may limit the passengers or baggage to be carried.
Article 26 Restrictions on Acceptance of Baggage
１. MCJ will not accept the following articles as baggage:
(1) Articles that do not constitute baggage as defined in Article 1;
(2) Articles that are likely to endanger aircraft, persons or property, such as those specified in the dangerous goods regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA), and MCJ’s Regulations;
(3) Articles the carriage of which is prohibited by Applicable Laws of the country of departure, destination or transit;
(4) Articles which MCJ considers unsuitable for carriage by reason of their weight, size, shape or nature, such as fragile, perishable or corruptible articles;
(5) Live animals, except as provided for acceptance for carriage in Article 30;
(6) Human remains;
(7) Firearms, swords and similar items, except as otherwise provided in MCJ’s Regulations; and
(8) Any other articles that MCJ considers unsuitable for carriage as baggage.
２. The following articles will not be accepted as unchecked baggage:
(1) Items resembling firearms, swords and similar items, and items resembling explosives, such as pistol-shaped lighters and hand-grenade-shaped lighters; and
(2) Any other items that MCJ considers capable of being used as weapons, such as bats, golf clubs and ice skates.
３. MCJ may refuse carriage of articles prohibited from being carried as baggage under the preceding two paragraphs and may take any necessary measures as appropriate. MCJ may also refuse onward carriage of such articles upon discovery.
４. MCJ will not accept as checked baggage fragile, perishable or corruptible articles, money, jewelry, platinum, gold and other precious metals, negotiable instruments, securities, bank notes, revenue stamps, works of art, antiques and other valuables, documents, passports and other identification documents necessary for travel, or samples.
５. MCJ may refuse to carry baggage as checked baggage if it is not properly packed in a suitcase or other container so as to withstand carriage under ordinary handling.
６. MCJ shall not be liable for any damage if any article specified in Paragraphs 1 or 2 is carried, whether or not the article is prohibited from carriage as baggage.
Article 27 Security Inspection, etc.
１. Passengers shall submit to security screening conducted by government authorities, airport personnel, or MCJ; provided, however, that this shall not apply where such screening is deemed unnecessary by the government authorities, airport personnel, or MCJ.
２. If MCJ considers it necessary for aviation security purposes, including the prevention of unlawful seizure, control or destruction of aircraft, or for any other reason, MCJ may inspect baggage by opening it for inspection or by other methods in the presence of the passenger or a third party. MCJ may also inspect, even in the absence of the passenger or a third party, whether the passenger possesses, or the passenger’s baggage contains, any articles specified in Paragraphs 1 and 2 of Article 26.
３. If MCJ considers it necessary to prevent the unlawful seizure, control or destruction of aircraft, MCJ may inspect articles worn or carried by a passenger by touching over the passenger’s clothing or personal effects, by using a metal detector, or by other means.
４. If a passenger does not submit to the inspection provided in Paragraph 2, MCJ may refuse to load the relevant baggage.
５. If a passenger does not submit to the inspection provided in Paragraph 3, MCJ may refuse boarding of such passenger.
６. If, as a result of the inspection provided in Paragraph 2 or 3, any article falling under the prohibited or restricted items for baggage prescribed in Paragraphs 1 and 2 of Article 26 is found, MCJ may refuse its carry-on or loading, or may dispose of it as necessary.
７. If MCJ determines that the body weight declared by a passenger clearly differs from the actual body weight, MCJ may verify the passenger’s body weight before boarding in order to ensure operational safety.
Article 28 Baggage
１. The total weight of a passenger’s checked baggage and unchecked baggage shall not exceed 15 kilograms per passenger.
２. MCJ will accept articles exceeding the limit set forth in Paragraph 1 as checked baggage in the baggage compartment only if the passenger gives prior notice and MCJ approves such carriage.
３. MCJ will accept for carriage in the cabin articles not suitable for carriage in the baggage compartment, such as fragile musical instruments, only if sufficient prior notice has been given and MCJ has approved such carriage.
４. MCJ may refuse the carry-on of unchecked baggage if MCJ determines that it cannot be safely stowed in the cabin.
５. Baggage shall, in principle, be carried on the aircraft boarded by the passenger; provided, however, that MCJ shall not be responsible for carrying such baggage if there are limitations on aircraft load or other unavoidable reasons.
６. If the value of baggage exceeds the liability limits provided in Paragraphs 6, 7 and 8 of Article 38, the passenger, or the charterer on behalf of the passenger, may declare the value of such baggage. If such declaration is made, MCJ will collect valuation charges for the carriage performed by MCJ.
(1) In international carriage, unless otherwise provided, charges shall be collected at the rate of USD 2 for each USD 100, or fraction thereof, of the excess value; provided, however, that the declared value of one passenger’s baggage shall not exceed USD 2,500.
(2) In domestic carriage, charges shall be collected at the rate of JPY 10 for each JPY 10,000 of the excess value.
Article 29 Receipt and Delivery of Baggage
１. The passenger shall receive his/her baggage at the destination or place of disembarkation as soon as the baggage becomes available for receipt.
２. MCJ will deliver baggage only to the person who checked such baggage. A person claiming delivery of baggage must prove, by presenting identification or otherwise, that he/she checked such baggage. MCJ shall not be obliged to ascertain whether the evidence presented shows that such person is duly entitled to delivery of the baggage. MCJ shall not be liable for any damage arising from or in connection with failure to ascertain whether such person is duly entitled to delivery of the baggage.
３. If a person is unable to receive delivery of baggage in accordance with the procedures provided in the preceding paragraph, MCJ will deliver the baggage only if such person sufficiently establishes to MCJ that he/she is duly entitled to delivery of the baggage and, if required by MCJ, furnishes adequate security to indemnify MCJ for any damage that MCJ may incur by making such delivery.
４. Acceptance of baggage without written complaint at the time of delivery shall constitute prima facie evidence that the baggage has been delivered in good condition and in accordance with the contract of carriage with the passenger pursuant to the charter agreement.
５. If baggage remains unclaimed for seven days after arrival, MCJ may dispose of such baggage as appropriate. All damage and expenses in such case shall be borne by the passenger.
Article 30 Animals
１. MCJ will accept for carriage animals such as dogs, cats, small birds and other pets in accordance with MCJ’s Regulations only if the passenger places the animal in a suitable container, obtains valid health certificates, vaccination certificates, entry permits and other documents required by the country of destination or transit, MCJ confirms that the animal will not interfere with the operation, and MCJ gives prior approval.
２. MCJ will carry a guide dog or hearing dog accompanying a passenger with visual or hearing impairment, in accordance with MCJ’s Regulations, if MCJ gives prior approval.
３. MCJ will accept animals for carriage on condition that the passenger complies with MCJ’s Regulations and assumes all responsibility for the animal. MCJ shall not be liable for injury, loss, delay, illness or death related to carriage of the animal, regardless of the reason.
Article 31 Ground Transfer Services
Unless otherwise agreed with MCJ before the commencement of carriage by charter flight, MCJ does not arrange, operate or provide ground transfer services for passengers and their baggage within airport areas, between airports, or between an airport and a city. Except when directly provided by MCJ, ground transfer services are performed by independent transportation service providers, which are not, and shall not be deemed to be, agents or employees of MCJ. Even if MCJ’s officers, employees or agents assist a passenger or charterer in arranging ground transfer services, MCJ shall not be liable for any act or omission of the transportation service provider. If MCJ itself provides ground transfer services for passengers and their baggage, MCJ’s Regulations, including those stated or incorporated by reference in arrangements concerning the passenger’s reservation confirmation, shall apply to such ground transfer services. If the passenger does not use such ground transfer services, MCJ will not refund any portion of the charges.
Article 32 Compliance with Applicable Laws
Passengers shall comply with Applicable Laws of the countries concerned, such as the country of departure, destination or transit, as well as MCJ’s Regulations and instructions, and the charterer shall ensure that passengers comply therewith. MCJ shall not be liable for any assistance or guidance given orally, in writing or otherwise to a passenger or charterer by MCJ’s officers, employees or agents in connection with obtaining immigration documents or other required documents or complying with Applicable Laws. MCJ shall also not be liable for any failure of a passenger or charterer to obtain such documents or comply with Applicable Laws as a result of such assistance or guidance.
Article 33 Passports and Visas
１.
(1) A passenger shall present to MCJ all immigration documents and other required documents required by Applicable Laws of the countries concerned, such as the country of departure, destination or transit. A passenger also agrees that, if MCJ reasonably considers it necessary, MCJ may make and retain copies of such documents. However, even if MCJ carries the passenger after receiving presentation of immigration documents and other required documents from the passenger, MCJ does not warrant to the passenger that such documents comply with Applicable Laws.
(2) MCJ will refuse carriage of a passenger who does not comply with Applicable Laws or whose immigration documents or other required documents are incomplete.
２. MCJ shall not be liable for any damage suffered by a passenger due to the passenger’s failure to comply with this Article, and if MCJ suffers damage due to the passenger’s failure to comply with this Article, the passenger shall indemnify MCJ for such damage.
３. If, due to refusal of entry of a passenger into a country of transit or destination, MCJ is required by Applicable Laws to return such passenger to the place of departure or any other place, the passenger and the charterer shall be jointly and severally liable to pay the charter price and other charges and expenses. MCJ may apply to the payment of such charter price and other charges and expenses any charter price or other charges for unused sectors of the charter flight paid by the passenger or charterer to MCJ, or any funds of the passenger or charterer held by MCJ. MCJ will not refund the charter price and other charges and expenses collected for carriage to the place where refusal of entry or deportation measures were taken.
Article 34 Customs Inspection
A passenger shall, if required, submit to inspection of checked baggage or unchecked baggage by customs or other government authorities. MCJ shall not be liable to the passenger if the passenger fails to comply with this provision. If MCJ suffers damage as a result of the passenger’s failure to comply with this provision, the passenger shall indemnify MCJ for such damage.
Article 35 Government Regulations
MCJ shall not be liable for refusing carriage of a passenger when MCJ is required by Applicable Laws to do so, or when MCJ refuses carriage of a passenger based on reasonable judgment.
Article 36 Applicable Laws
１. Except in the case of international carriage to which the Convention does not apply, carriage performed by MCJ shall be subject to the provisions and limitations relating to liability set forth in the Convention applicable to such carriage.
２. To the extent not inconsistent with the preceding paragraph, all carriage by charter flight and other services incidental thereto performed by MCJ shall be subject to:
(1) Applicable Laws; and
(2) These Conditions of Carriage and MCJ’s Regulations.
３. For the purposes of the Convention, agreed stopping places, which MCJ may alter as necessary, shall be the places defined in Article 1.
Article 37 Damage to Passenger and Bodily Injury
１. MCJ shall be liable for damage arising in the event of death, injury or any other bodily injury of a passenger if the accident or event causing such damage took place on board the aircraft or in the course of any of the operations of embarking or disembarking, except where there is manifest negligence on the part of the passenger.
２. In the case of international carriage to which a Convention other than the Montreal Convention applies, MCJ agrees as follows pursuant to Article 22, Paragraph 1 of the Convention; provided, however, that this provision shall not affect MCJ’s rights with respect to any claim for damages brought by or on behalf of, or in respect of, any person who has wilfully caused damage resulting in the death or bodily injury of a passenger.
(1) MCJ will not invoke the limit of liability for each passenger established under Article 22, Paragraph 1 of the Convention with respect to claims for damages concerning death or bodily injury of a passenger under Article 17 of the Convention.
(2) MCJ will not invoke any defense under Article 20, Paragraph 1 of the Convention with respect to claims for damages concerning death or bodily injury of a passenger under Article 17 of the Convention up to 151,880 SDR, excluding litigation costs, including attorney’s fees, that the court finds reasonable.
３. In the case of domestic carriage, MCJ shall not be liable if it is proved that MCJ and company personnel took all necessary measures to prevent the damage or that it was impossible for them to take such measures.
Article 38 Damage to Baggage
１. MCJ shall be liable for damage arising in the event of destruction, loss, disappearance or damage of checked baggage or other property of a passenger accepted into MCJ’s custody if the accident or event causing such damage took place during the period such checked baggage or property was under MCJ’s control, except where there is manifest negligence on the part of the passenger.
２. In international carriage to which a Convention other than the Montreal Convention applies, MCJ shall not be liable if it is proved that MCJ and its company personnel took all necessary measures to prevent damage to checked baggage or that it was impossible for them to take such measures.
３. In the case of domestic carriage, MCJ shall not be liable if it is proved that MCJ and company personnel took all necessary measures to prevent damage to checked baggage or that it was impossible for them to take such measures.
４. MCJ shall be liable for damage arising in the event of destruction, loss, disappearance or damage of unchecked baggage or other property carried or worn by a passenger only if fault on the part of MCJ or Company Personnel is proved.
５. MCJ shall not be liable for damage to unchecked baggage not caused by MCJ’s fault. Any assistance given by MCJ’s officers, employees or agents to a passenger in loading, unloading or transshipping unchecked baggage shall be deemed a gratuitous service only.
６. In international carriage to which the Montreal Convention applies, MCJ’s liability for baggage shall be limited to 1,519 SDR per passenger.
７. In international carriage to which a Convention other than the Montreal Convention applies, MCJ’s liability for baggage shall be limited to 17 SDR (250 French Gold Francs) per kilogram, and, in the case of unchecked baggage, MCJ’s liability shall be limited to 332 SDR (5,000 French Gold Francs) per passenger. The weight of each item of checked baggage shall be deemed not to exceed 15 kilograms, except for checked baggage accepted by MCJ after making an advance arrangement for articles exceeding 15 kilograms pursuant to Article 28.
８. In the case of domestic carriage, where MCJ is liable for damage to baggage, the amount of compensation shall be limited to JPY 150,000 per passenger.
９. If the passenger declares in advance a higher value and pays the valuation charges in accordance with Paragraph 6 of Article 28, the declared higher value shall apply as the limit.
１
０．In no event shall MCJ’s liability exceed the actual damage suffered by the passenger and the actual value of the baggage. In making a claim for damages, the passenger must prove the amount of damage.
１
１．In the case of international carriage to which a Convention other than the Montreal Convention applies, if only part of checked baggage is delivered to a passenger, or if only part of checked baggage is damaged, MCJ’s liability with respect to the undelivered or damaged portion shall be a prorated amount based on weight, regardless of the value of that part of the checked baggage or its contents.
１
２．MCJ shall not be liable for damage arising in the event of destruction, loss, disappearance or damage of checked baggage or other property of a passenger accepted into MCJ’s custody if such damage resulted solely from the inherent defect, quality or vice of such baggage or property, whether or not MCJ knew that such item was included.
１
３．MCJ shall not be liable for damage to a passenger’s baggage caused by the contents of the passenger’s baggage. If a passenger causes damage to another passenger’s baggage or to MCJ’s property by his/her own articles, such passenger shall indemnify MCJ for all losses and expenses incurred by MCJ as a result thereof.
Article 39 Limitations of Liability
１. If MCJ proves that the wilful misconduct or negligence of a passenger caused or contributed to the damage, MCJ shall be exonerated wholly or partly from its liability to such passenger to the extent that such wilful misconduct or negligence caused or contributed to the damage.
２. MCJ shall not be liable for any damage to a passenger or baggage arising directly or indirectly from MCJ’s compliance with Applicable Laws, from the passenger’s failure to comply therewith, or from causes beyond MCJ’s control.
３. MCJ shall not be liable for any indirect, special or punitive damages arising out of carriage by charter flight of passengers and baggage in accordance with these Conditions of Carriage and MCJ’s Regulations, whether or not MCJ had knowledge that such damages might arise.
４. If MCJ suffers damage due to a passenger’s wilful misconduct or negligence, or due to the passenger’s failure to comply with provisions established under these Conditions of Carriage or other applicable rules, such passenger shall be liable to MCJ for such damage.
５. Except as provided in these Conditions of Carriage, MCJ reserves all defenses available under the Convention. With respect to third-party tortfeasors, MCJ reserves all rights of recourse with respect to all or any part of any payment made by MCJ.
６. MCJ may, without prior notice, due to any force majeure event set forth in Article 21, change the route, date or time of departure or arrival, or place of departure or arrival of the aircraft, make an emergency landing, cancel all or part of the operation, limit the boarding of passengers, or limit or unload baggage. In such case, MCJ shall not be liable for any damage arising therefrom.
Article 40 Time Limits for Baggage Claims and Actions
１. No claim for damages shall be admitted unless the person entitled to delivery of the baggage complains to MCJ, in the case of damage to baggage, immediately after discovery of the damage and at the latest within seven days from the date of receipt, and in the case of delay, loss or disappearance, within 21 days from the date on which the baggage was received (in the case of delay) or on which the baggage should have been available for receipt (in the case of loss or disappearance). Every complaint must be made in writing and dispatched within the period specified above.
２. Any action against MCJ concerning liability in international carriage must be brought within two years, reckoned from the date of arrival at the destination, the date on which the chartered aircraft ought to have arrived, or the date on which carriage by charter flight stopped, and no action may be brought after the expiration of such period. Any action against MCJ concerning liability for baggage in domestic carriage must be brought within 30 days from the date of arrival at the destination, the date on which the chartered aircraft ought to have arrived, or the date on which carriage by charter flight stopped, and no action may be brought after the expiration of such period.
Article 41 Governing Law and Jurisdiction
１. In the case of international carriage, these Conditions of Carriage shall be interpreted in accordance with the Convention and Applicable Laws. In the case of domestic carriage, these Conditions of Carriage shall be interpreted in accordance with the laws of Japan, and matters not provided in these Conditions of Carriage shall be governed by the laws of Japan.
２. In the case of international carriage, jurisdiction over disputes relating to carriage under these Conditions of Carriage shall be governed by the Convention and Applicable Laws. In the case of domestic carriage, any dispute relating to carriage under these Conditions of Carriage shall be subject to the exclusive agreed jurisdiction of the courts of Japan, regardless of the person asserting the claim for damages or the legal basis of the claim, and the proceedings shall be governed by the laws of Japan.
Article 42 Provisions Contrary to Laws
If any provision contained in a reservation confirmation, charter agreement, these Conditions of Carriage or MCJ’s Regulations is contrary to Applicable Laws and is invalid, such provision shall remain valid to the extent not inconsistent therewith. The invalidity of any provision shall not affect any other provision.