General Conditions of Carriage
Chapter 1 General Provisions
Article 1 Definitions and Application of General Conditions
- In these General Conditions, "the Company" shall mean Setouchi Seaplanes, Inc., "Charterer" shall mean the client chartering the flight, and "Passenger" shall mean an individual or individuals other than crew members boarding or planning to board the aircraft.
- These General Conditions shall apply to the domestic air transportation of Passengers and baggage, and ancillary duties.
Article 2 Special Agreement
The Company may, when requested by a Passenger or a Charterer, conclude a special agreement regarding certain provisions within these General Conditions. In such case and notwithstanding the provisions of the preceding Article, the special agreement items shall be applicable.
Article 3 Changes to General Conditions
These General Conditions of carriage and regulations specified on the basis thereof are subject to change without prior notice.
Article 4 Public Notice
These General Conditions, as well as passenger fares, charter fees, flight schedules and other essential matters, shall be publicly displayed at the Company's place of business.
Article 5 User Consent
The Passenger or Charterer shall be deemed to have acknowledged and agreed to these General Conditions and regulations specified on the basis thereof.
Article 6 Governing Law
The provisions of these General Conditions shall be interpreted in accordance with the laws of Japan. The laws of Japan shall also apply to any items not provided for in these General Conditions.
Article 7 Jurisdiction
The district court having jurisdiction at the place where the Company's head office is located shall be the exclusive court of jurisdiction in the first instance for any lawsuits arising in connection with these General Conditions.
Article 8 Staff Instructions
The Passenger or Charterer shall comply fully with the instructions of Company staff regarding actions to be taken at embarkation and disembarkation points and other aerodrome areas, marine pier, counter and ancillary facilities, inside the aircraft, and at the loading and unloading areas for baggage, etc.
Article 9 Operational Changes
The Company may, without prior notice, amend flight routes and arrival and departure times, suspend services, change origin and destination points, impose boarding restrictions on the Passenger, fully or partially prohibit the carriage of baggage, and take other necessary steps for reasons pertaining to inclement weather, equipment failure, force majeure, statutory and government agency requirements, industrial action, upheaval, war, aviation security requirements (including aircraft hijacking, management and prevention of sabotage), and other unavoidable circumstances encountered by the Company.
Chapter 2 Passengers
Article 10 Air Tickets
- The Company shall, at its place of business, receive payment of designated fares and charges, and issue electronic or paper air tickets. For this, the Passenger shall provide their name, age, sex, telephone number and other contact details to the Company.
- Air tickets may only be used by the Passenger whose name is shown on the air ticket, and may not be transferred to a third party.
- Air tickets shall be invalid unless used in accordance with details recorded on the electronic database (in the case of paper air tickets, details shown on the ticket).
- A reservation confirmation form or authentication code must be presented or submitted (hereinafter, "Presentation of Air Tickets, etc.") for the Company to confirm the validity of the air ticket. When a paper air ticket is used, the actual ticket must be presented.
- Notwithstanding the provisions of Paragraph 2 above, the Company may issue air tickets that are transferable to a third party (hereinafter, "Gift Tickets"). Gift Tickets shall be handled according to relevant provisions prescribed separately by the Company or in a Special Agreement as described in Article 2.
Article 11 Validity
Air tickets shall be valid for their scheduled departure date and time only.
Article 12 Change of Departure Date
The Passenger or Charterer may change their departure date by notifying the Company at least one day prior to the scheduled departure date if they are unable to fly due to illness or other reasons deemed unavoidable by the Company, or if the flight is canceled by the Company pursuant to Article 9 Operational Changes. Provided, however, that, the flight may not be postponed beyond 90 days from the day following the initially scheduled departure date.
Article 13 Presentation of Air Tickets
- The Company shall ask the Passenger to present their air ticket, etc. before boarding.
- No Passenger will be allowed to board without presenting an air ticket, etc.
Article 14 Loss of Paper Air Ticket
- A Passenger who lost their paper air ticket before boarding will need to purchase another air ticket, and the lost ticket shall be deemed invalid.
- Should the lost ticket be found, presented and confirmed as unused, the Company shall refund the fare and charges as prescribed below.
- If the air ticket is found after another ticket has been purchased and used, the Company shall refund the fare and charges in full only if the found ticket is presented to the Company within 30 days from the day following the scheduled departure date.
- If the air ticket is found after the Passenger has canceled the flight due to the loss of the ticket, the Company shall refund 50% of the fare and charges only if the ticket is presented to the Company within 30 days from the day following the scheduled departure date.
Article 15 Passenger Fares and Charges
- Passenger fares and charges, and conditions for application thereof, shall be in accordance with the list of charges prescribed separately by the Company.
- Passenger fares and charges shall include consumption tax (including local consumption tax).
Article 16 Applicable Fares and Charges
- Applicable fares and charges shall be those that are in effect on the Passenger's departure day. Provided, however, that, if the fares and charges for the flight in question are raised or lowered after the air ticket has been purchased, the fares and charges that were in effect when the air ticket was purchased shall apply only for a period of up to 30 days from the day following the date that said fares and charges were revised.
- Should the fares and charges received differ to the applicable fares and charges, the difference shall be refunded or collected as appropriate.
Article 17 Treatment of Infants and Child Fares
- Passengers who are 12 years or older may travel with an infant under the age of 2 (one infant only) seated on their lap, and no fare shall be collected for said infant.
- Child fares shall apply to those aged 2 to 11.
Article 18 Boarding Time
A designated date and time is required to board an aircraft. To obtain a designated date and time, an air ticket must be purchased or presented at the Company's place of business or its agency.
Article 19 Check-in Time
- Passengers must arrive at the location specified by the Company at a time also specified by the Company.
- If a Passenger does not arrive at the assembly location by the time specified pursuant to the preceding Paragraph, the Company may refuse to allow the Passenger to board the flight.
Article 20 Refunds due to Company Circumstances
- The Company shall refund the fares and charges as prescribed below if it is unable to perform all or part of its obligations under these General Conditions due to circumstances other than those attributable to the Passenger or the Charterer.
- Should such circumstances arise before boarding, the Company shall refund in full all fares and charges it has received.
- Should such circumstances arise after boarding, the Company shall refund fares and charges from the point at which the Company discontinued its obligations up to the destination shown on the air ticket.
- For recreational flights, the Company shall refund all fares and charges received regardless of when it discontinued its obligations.
- Where the aforementioned circumstances prevail, the Company may, if requested by the Passenger or the Charterer, make alternative arrangements such as changing the departure date and time or flight route, instead of providing a refund.
Article 21 Refunds due to Passenger Circumstances
Should a Passenger terminate the carriage contract due to their own circumstances, the Company shall refund fares and charges after deducting cancellation and refund fees as shown on the table below.
|Date of Cancellation||Cancellation Fee||Refund Handling Fee|
|21 or More Days Before Flight||No Charge||¥430|
|8 to 20 Days Before Flight||20% of Price||¥430|
|2 to 7 Days Before Flight||30% of Price||¥430|
|1 Day Before Flight||40% of Price||¥430|
|Day of Flight||100% of Price|
21 or More Days Before FlightCancellation Fee: No Charge Refund Handling Fee: ¥430
8 to 20 Days Before FlightCancellation Fee: 20% of Price Refund Handling Fee: ¥430
2 to 7 Days Before FlightCancellation Fee:30% of Price Refund Handling Fee: ¥430
1 Day Before FlightCancellation Fee:40% of Price Refund Handling Fee: ¥430
Day of FlightCancellation Fee:100% of Price Refund Handling Fee: ---
Article 22 Refund Method
Fares and charges shall be refunded at the Company's place of business or agency in exchange for the air ticket only within 30 days from the day following the scheduled departure date.
Article 23 Boarding Restrictions
Should any of the following sub-paragraphs apply, the Company may refuse to allow the Passenger to board, or may ask the Passenger to leave the plane. In such case, a refund shall be provided pursuant to the provisions of Article 21 (Refunds due to Passenger or Charterer Circumstances).
- When necessary for operational safety
- When necessary to comply with statutory or government agency requirements
- If the Passenger:
- (A) has a mental illness, carries an infectious disease, is a drug addict or is severely drunk;
- (B) is seriously injured;
- (C) is an unaccompanied minor under the age of 8, or exceeds the number of infants under the age of 2 specified in Paragraph 1 of Article 17 (Treatment of Infants and Child Fares);
- (D) may put their own life or health at serious risk due to age or medical reasons;
- (E) is unable to board by themselves and is unaccompanied;
- (F) is carrying any of the following:
weapons (except those with legitimate permit for professional use), gunpowder, explosives, corrosives, items that would inconvenience or endanger the aircraft, its passengers or load, items or animals unsuitable for carriage on aircraft;
- (G) may offend, inconvenience, disturb or endanger other Passengers or their properties;
- (H) refuses to comply with baggage inspection stipulated in Article 26 (Inspection and Disposal of Baggage);
- (I) does not follow the instructions of Company staff;
- (J) uses a mobile phone, portable radio, electronic game machine or other electronic devices without the Company's permission; or
- (K) smokes in the aircraft cabin
Chapter 3 Baggage
Article 24 Definition of Baggage
Items handled as baggage by the Company are essential travel items, including personal belongings, items carried in the cabin by a Passenger or items accepted by the Company and stored in the cabin.
Article 25 Acceptance of Baggage
- When presenting an air ticket and tendering baggage at a place of business and at a time specified by the Company, the Company shall ascertain the suitability of the baggage for acceptance in accordance with the General Conditions for Carriage.
- If the Company decides to accept the baggage from the Passenger for storage in the cabin, it shall issue a baggage claim receipt.
Article 26 Inspection and Disposal of Baggage
- If deemed necessary by the Company for aviation security or other reasons, baggage shall be opened for inspection or inspected through other methods in the presence of its owner or a third party.
- If the Passenger does not comply with the above inspection, the Company may deny the carriage of said baggage.
- If items prescribed in Article 30 (Prohibited and Restricted Items of Baggage) are found while inspecting said baggage as described in Paragraph 1, the Company may dispose of said items as necessary.
Article 27 Restrictions on Baggage
- The baggage allowance for each Passenger is one piece of baggage weighing no more than 2 kg and with the dimensions stipulated separately by the Company. Baggage in excess of these limits shall not be allowed.
- For charter flights, the number, total weight and dimensions of baggage allowed shall be determined at the Company's discretion, taking into consideration the total volume of fuel carried as well as the total number and weight of Passengers, etc.
Article 28 Collection of Baggage
- Passengers shall collect baggage checked in with the Company at the destination as soon as that baggage is available.
- The Company shall hand over the baggage in exchange for the baggage claim receipt issued when the baggage was accepted.
Article 29 Loss of Baggage Claim Receipt
If a Passenger has lost a baggage claim receipt, the baggage will be handed over only if the Company agrees that the person claiming the baggage is its rightful owner.
Article 30 Prohibited and Restricted Items of Baggage
The following items shall not be accepted as baggage unless otherwise approved by the Company.
- Items that may endanger or cause an inconvenience to the aircraft, its personnel or load
- Firearms, knives, explosives and combustible or flammable items
- Corrosive chemicals and liquids that are not placed in appropriate containers
- Animals (including fish)
- Dead bodies
- Items prohibited from loading or carriage on aircraft by statutory or government agency requirement
- Baggage exceeding limits on quantity, weight or dimensions specified in Paragraph 1 or Paragraph 2 of Article 27.
- Items that have not been properly packed or wrapped
- Items prone to deterioration, wear or breakage
- Other items deemed inappropriate for carriage as baggage by the Company
Article 31 Valuables
Platinum, gold and other precious metals, as well as paper money, banknotes, securities, revenue stamps, jewelry, artwork, antiques and other valuables cannot be accepted as baggage.
Chapter 4 Liabilities
Article 32 Company Liabilities
- The Company shall be liable for compensation in the event that a Passenger dies or is injured as a consequence of an accident or incident on board the aircraft or while getting on or off the aircraft.
- The Company shall be liable for compensation for damages sustained as a result of breakage, destruction, loss or damage of baggage entrusted to it for storage by the Passenger as a consequence of an accident or incident which occurred while the baggage or item was under the Company's custody.
- The Company shall not be liable for compensation of damages described in Paragraphs 1 and 2 above if it is proved evidence is produced that the Company and its employees (In this Chapter, "employees" shall mean hired persons, agents, contractors and others assisting in the performanceexecution of the Company's obligations) took, or were unable to take, steps to prevent said damages.
- The Company shall be liable for compensation for damages sustained as a result of breakage, destruction, loss or damage of baggage or any other items carried or worn by the Passenger only if it is proved thatwhere there is sufficient evidence breakage, destruction, loss or damage was caused byof the negligence on the part of the Company or its employees.
- The Company shall not be liable for compensation for damages arising from taking the necessary steps for reasons stipulated in Article 9 (Operational Changes). NotwithstandingProvided, however, that, the Company shall be liable for compensation for damages if liability lies with the Company under Paragraphs 1, 2, 3 or 4 of this Article, and if it is proved there is evidence that the damages was caused byresulted from a willful act or gross negligence by the Company or its employees in the course of their duties.
- The Company shall not be liable for compensation for any damages sustained through unauthorized use of an air ticket by the Passenger. Notwithstanding Provided, however, that, the Company shall be liable for compensation for damages if it is provedthere is evidence that the damages was caused byresulted from a willful act by the Company or its employees in the course of their duties.
Article 33 Indemnity for Defective Baggage, etc.
The Company shall not be liable for compensation for damages sustained from the breakage, destruction, loss or damage of baggage entrusted to it by the Passenger or any other items stored by the Company on behalf of the Passenger, if said damages were was caused solely the result ofby any inherent defect or flaw in, or quality of, the baggage or item.
Article 34 Comparative Negligence
If the Company proves that willful misconduct or negligence on the part of the Passenger was the cause or contributed to the cause of the damages, the Company shall be exempted of its liability to the Passenger in full or in part, to the extent that said willful misconduct or negligence caused or contributed to the cause of the damages.
Article 35 Passenger or Charterer Liability for Compensation
If the Company sustains damage caused by a willful misconduct or negligence on the part of the Passenger or Charterer, or by failure of the Passenger or Charterer to observe these General Conditions or regulations specified on the basis thereof, the Passenger or Charterer shall compensate the Company for the damages.
Article 36 Limit of Liability for Baggage
The amount of compensation that the Company is liable to pay for damages to baggage shall not exceed 150,000 yen per Passenger. Notwithstanding, Provided, however, that limit shall not apply if there is evidence it is proved that the damages was caused by resulted from a willful act by the Company or its employees in the course of their duties.
Article 37 Time Limitation on Baggage Damage Claims
- If a Passenger collects baggage or other item entrusted for storage to the Company without protest, it shall be assumed that said baggage or item was handed over in good condition.
- Damages pertaining to baggage or other items entrusted for storage to the Company must be notified by the Passenger to the Company in writing within 7 days from the day following the date on which the baggage or item was collected, or, if no baggage or item was delivered, within 21 days from the day following the date on which the baggage should have been collected.
- The Company shall not be liable for compensation if no notice is served by the Passenger within the period stipulated in Paragraph 2 above.
Article 38 Application of General Conditions to Employee Actions
In regard to damages stipulated in these General Conditions, if Company employees prove that they were carrying out their assigned duties, said employees may invoke all clauses regarding exemptions and limits to Company liability prescribed in these General Conditions or regulations prescribed on the basis thereof.
Record of Amendments
3 March 2016, Han-Ku-Shin No. 148, Newly Approved
1 August 2016, Han-Ku-Shin No. 063, Amendments Approved