Aero Toyota Corporation
This Transportation Agreement (hereinafter referred to as this "Agreement") sets forth conditions for the air transportation provided by Aero Toyota Corporation (hereinafter referred to as the "Company"). The user of the air transportation will be deemed to have agreed to this Agreement upon their use of the air transportation.
General Rules
(Application of Agreement)
Article 1 This Agreement applies to all aspects of Passenger transportation and Freight transportation used by the user of air transportation.
(Definitions)
Article 2 The terms used in this Agreement are defined as follows.
(1) "Passenger" means a user on board an aircraft.
(2) "Baggage" means goods held by a Passenger and collectively means "Carry-on Baggage" that a Passenger carries into the aircraft and "Checked Baggage" that a Passenger checks in the cargo compartment.
(3) "Consignor" means a user who requests transportation of Freight by aircraft.
(4) "Freight" means goods that a Consignor entrusts to the Company for transportation.
(5) "Fare" means the consideration paid to the Company by a Passenger or Consignor for the transportation of the Passenger or Freight.
(Instructions of Staff)
Article 3 Passenger and Consignor must follow the instructions of the Company's staff regarding boarding and disembarking of the aircraft, loading and unloading of Baggage and Freight, and their acts on the aircraft and in the takeoff and landing areas.
(Prevailing Provisions)
Article 4 If any contract, etc. executed between the Company and the Passenger or the Consignor has provisions that differ from this Agreement, the provisions of the contract, etc. will prevail.
Fares, Cancellation Fee and Refund
(Fares)
Article 5 Fares for Passenger transportation and Freight transportation and collection of fares will be separately set forth.
(Cancellation Fee)
Article 6 If the contract is cancelled for reasons attributable to the Passenger or the Consignor, a cancellation fee will be collected in accordance with the following items; provided, however, that if the terms of cancellation are set forth in a separate contract, etc., such terms will apply:
if the cancellation is notified between the execution date of agreement and the day that is eleven (11) days prior to the flight date, ten percent (10%) of the fare will be collected;
if the cancellation is notified between the day that is ten (10) days prior to the flight date and the day that is four (4) days prior to the flight date, twenty-five percent (25%) of the fare will be collected;
if the cancellation is notified between the day that is three (3) days prior to the flight date and 17:00 (Japan time) on the day that is immediately preceding the flight date, seventy-five percent (75%) of the fare will be collected; or
after 17:00 (Japan time) on the day immediately preceding the flight date, the full amount of the fare will be collected regardless of the cancellation notice.
Article 7 In the event that all or part of the Passenger transportation or Freight transportation cannot be performed due to the reasons set forth in Article 34, the Company will, at the request of the Passenger or the Consignor, refund part of the fare and Baggage charge that corresponds to the unperformed service.
Passenger
(Airline Ticket)
Article 8 The Company will charge the prescribed fares and fees at the place and by the method designated by the Company and issue an airline ticket by paper or electromagnetic means.
2 In the case of a chartered flight (including sightseeing flights on a per-customer basis), the airline ticket referred to in the preceding paragraph will be deemed to have been issued when a reservation is made according to the method designated by the Company.
3 Airline tickets must be purchased by the date and time designated by the Company.
4 Airline tickets will become invalid if they are not used in accordance with the rules set by the Company and the description on the ticket.
(Detention Charge)
Article 9 The Company will charge the prescribed detention charge in the following cases:
(1) if the duration of detention of the aircraft at the destination exceeds three (3) hours for reasons attributable to the Passenger, a daytime detention charge up to two (2) hours per day; or
(2) if the detention of the aircraft at the destination lasts until night for reasons attributable to the Passenger, a night detention charge per night.
(Security Check)
Article 10 For aviation security reasons (including the prevention of acts of unlawful seizure, control or destruction of aircraft) and other reasons, the Company will inspect the Baggage through open inspection or other methods after requesting the presence of the Passenger himself/herself or a third party. In addition, the Company will refuse to load the Baggage if the Passenger does not comply with the inspection.
(Measures in Cases of Suspension of Operation)
Article 11 In the event that operation of an aircraft is interrupted or if the onward operation becomes impossible, the Company will provide as much convenience as possible for the transportation of Passengers to the airport of departure/arrival or alternative point.
(Refund Due to Reasons Attributable to the Company)
Article 12 In the event that the Company becomes unable to perform all or part of the air transportation due to reasons attributable to the Company, it will refund, at the request of the Passenger, only the part of the fare that corresponds to the portion of the flight not flown.
2 The refund of the fare will be made within thirty (30) days after the Company receives the request.
(Refusal and Restriction of Transportation)
Article 13 In the event that the Company considers that any of the following items applies, it will deny boarding of the Passenger, disembark the Passenger and/or refuse the acceptance of Baggage from such Passenger. In this case, the cancellation fee set forth in Article 6 will be collected. In the cases of Items 4 through 10 of this article, the Company may take measures it considers necessary to prevent the continuation of the relevant act, in addition to the above measures, which include restraining the offender:
(1) it is necessary for operational safety;
(2) it is necessary to comply with laws and regulations or the requirements of public agencies;
(3) any of the following applies to the conduct, age or mental or physical condition of the Passenger:
(a) special treatment by the Company is required; or
(b) unaccompanied seriously injured/ill person or child;
(4) any of the followings is carried:
weapons (except for those carried in the course of duty), gunpowder, explosives, other corrosive items, flammable items, items that are a nuisance or a danger to the aircraft, Passengers or their cargo, items or animals that are unsuitable for transportation by aircraft;
(5) there is a risk of causing discomfort or nuisance to other Passengers;
(6) there is a risk of causing danger to the safety or health of the Passenger himself/herself or other persons, or of causing harm to the aircraft or goods;
(7) Passenger fails to follow the instructions, etc. of the staff as set forth in Article 3;
(8) Passenger interferes with the execution of the duties of staff or fails to follow the instructions of staff;
(9) Passenger uses an electronic device such as a smartphone, mobile phone, portable communication device, wireless control toy, or electronic game on the aircraft without permission from the Company; or
(10) Passenger uses cigarettes, electronic cigarettes, heated tobacco products, or other smoking apparatuses on the aircraft.
Baggage
(Inspection of Baggage, etc.)
Article 14 For aviation security reasons (including the prevention of acts of unlawful seizure, control or destruction of aircraft) and other reasons, the Company will inspect the Baggage through open inspection or other methods after requesting the presence of the Passenger himself/herself or a third party.
2 In addition, the Company will refuse to load the Baggage if the Passenger does not comply with the inspection of the preceding paragraph.
(Acceptance of Baggage and Issuance of Baggage Claim Tag)
Article 15 The Company will keep baggage in the cargo compartment as checked baggage only if the weight and size of the baggage can be loaded on the aircraft.
2 In addition to the preceding paragraph, Passengers may bring Carry-on Baggage such as personal belongings on the aircraft.
3 Notwithstanding the provisions of the preceding two (2) paragraphs, the Company will refuse to load baggage of a size, weight or nature that cannot be safely loaded onto the aircraft or other baggage that falls under the items listed in Article 16 either as checked baggage or Carry-on Baggage.
4 For general passenger flights, the Company will issue a baggage claim tag to the Passenger for the checked baggage.
(Prohibited/Restricted Baggage Items)
Article 16 The following items will not be accepted as Baggage, unless the Company specifically approves:
(1) items that are likely to cause danger or nuisance to the aircraft, staff or cargo;
(2) firearms, swords, etc., explosives and other igniting or flammable items;
(3) corrosive chemicals or liquids not in a suitable container;
(4) animals;
(5) corpses;
(6) items that are prohibited from being loaded on or transported by aircraft by laws or regulations or by the requirements of public agencies;
(7) items whose volume, weight or number exceeds the limits separately set forth by the Company;
(8) items that are inadequately packed or wrapped;
(9) items that deteriorate, wear out or break easily; and
(10) in addition to those set forth in the preceding items, items that the Company considers are unsuitable for transportation as Baggage.
2 The following items will not be accepted as Carry-on Baggage:
(1) cutlery;
(2) firearms, swords, etc., and explosives, etc. (pistol type lighters, grenade type lighters, etc.); and
(3) in addition to those set forth in the preceding items, items that the Company considers can be a deadly weapon (bats, golf clubs, ice skates, etc.).
(Carry-on Baggage)
Article 17 As a general rule, only personal belongings, etc. may be brought on the aircraft as Carry-on Baggage; provided, however, that Baggage that the Company considers cannot be safely stowed in the cabin may not be brought on the aircraft. The following items may be brought on the aircraft:
(1) crutches, walking sticks, splints, and other prosthetic arms and prosthetic legs used by persons with physical disabilities for their own use;
(2) guide dogs, service dogs and hearing dogs accompanied by persons with physical disabilities for their own use;
(3) pets accompanying Passengers, which mean, in this Agreement, domesticated small dogs, cats, small birds, etc., any of which must be in a cage designated or confirmed by the Company when brought on board; and
(4) in addition to those set forth in the preceding items, items allowed by the Company to be brought on the aircraft.
(Loading and Transportation of Baggage)
Article 18 As a general rule, Baggage will be transported on the Passenger's aircraft, but the amount of baggage that can be loaded is limited to the allowable cargo load of each aircraft.
(Delivery of Baggage)
Article 19 Baggage will be delivered when the Company considers that the person who requests delivery is a legitimate underwriter.
Freight
(Date and Time of Transportation)
Article 20 The date and time of Freight transportation will be the date and time designated by the Consignor at the time of application for the Freight transportation. However, Freight transportation on the designated date and time may not be possible due to unavoidable reasons such as loading circumstances.
(Acceptance of Freight)
Article 21 Delivery of Freight from the Consignor to the Company will be made at the place designated by the Company.
(Waybill)
Article 22 When Consignor entrusts the Company with transportation of Freight, the Consignor must present a waybill or invoice specifying the following matters for each unit of Freight:
(1) name, weight, volume, packing style, number and mark of Freight;
(2) price of the Freight;
(3) address, name or trade name of the Consignor;
(4) shipping location;
(5) address, name or trade name of the consignee;
(6) place and date of preparation of the waybill (or invoice);
(7) place of arrival;
(8) payment method of fare;
(9) date of delivery to the Company;
(10) necessity of issuance of Freight delivery note; and
(11) other remarks on specific handling required, if any.
2 The phrase "each unit of Freight" used in the preceding paragraph means the Freight covered by a single waybill or invoice with the same Consignor, consignee, places of departure and arrival, timing of transportation, type of handling and method of payment of fare and fee.
3 The Company will issue a consignment sheet at the request of the Consignor.
(Collection and Delivery)
Article 23 The Company will not act as an agent for collection or delivery even if requested by the Consignor, consignee or owner.
(Liability for Descriptions on Waybill)
Article 24 The Consignor must indemnify the Company for any and all damages suffered by the Company as a result of any discrepancy or incompleteness in the descriptions on the waybill or invoice.
(Inspection of Freight)
Article 25 If the Company finds any doubt about the name of the Freight on the waybill, it may inspect the Freight after requesting the presence of the Consignor or of a third party.
(Restriction on Acceptance of Freight)
Article 26 The Company will not accept the following Freight, unless the Company specifically approves:
(1) items that are likely to cause danger or nuisance to the aircraft, staff or cargo;
(2) firearms, swords, etc., explosives and other igniting or flammable items;
(3) corrosive chemicals or liquids not in a suitable container;
(4) animals;
(5) corpses;
(6) items that are prohibited from being loaded on or transported by aircraft by laws or regulations or by the requirements of public agencies;
(7) items whose volume, weight or number exceeds the limits separately set forth by the Company;
(8) items that are inadequately packed or wrapped;
(9) items that deteriorate, wear out or break easily; and
(10) other items that the Company considers are unsuitable for Freight.
(Notice of Arrival to Consignee)
Article 27 The Company will not notify the consignee of the arrival unless the Consignor requests it in advance.
(Legitimate Consignee)
Article 28 The Company will ask the consignee to submit proof that they are the consignee when delivering the arrived Freight.
2 The Company will not be liable for any damage caused by the Company's delivering any Freight to a person who is not a legitimate consignee of the Freight, except in cases of willful misconduct or negligence of the Company.
3 If a consignment sheet is issued, Freight may not be delivered unless exchanged with the consignment sheet; provided, however, that in the case of the loss of the consignment sheet, Freight will be delivered with a letter of guarantee.
(Disposition of Undeliverable Goods)
Article 29 If the consignee cannot be identified or fails or refuses to accept the Freight and if the Consignor fails to make any instruction even if it is notified of such situation, or if the Consignor does not request delivery of the Freight within one (1) week after the arrival of the Freight, the Company may deposit or auction the Freight. If the Freight is easily damaged and cannot wait for instructions from the Consignor, it may be disposed of. In this case, the Company will give a notice to the Consignor without delay.
2 Any costs incurred by the Company in the disposal of undeliverable Freight under the preceding paragraph will be borne by the Consignor in full.
(Change of Loading Schedule)
Article 30 If the Consignor or the holder of the consignment sheet requests the Company to cancel the transportation, return the goods, change the place of shipment, change the place of arrival, change the consignee, or change the date and time of loading, the Company will comply with the request after collecting the cost incurred as of the time of such request; provided, however, that this will apply only if such instruction is made before the loading of the relevant goods on the aircraft, except in the case of return of the goods.
Responsibility
(Company's Liability for Compensation)
Article 31 The Company will compensate for the death of Passengers or any damage caused by injury or other physical disability of Passengers, if the accident or incident causing the death or damage occurred in the aircraft or during boarding or disembarking operations due to a reason attributable to the Company.
2 The Company will compensate for any damage arising from damage, disappearance or loss of Baggage, Freight or other items of Passengers entrusted to the Company for storage, if the accident or incident causing the damage occurred due to a reason attributable to the Company.
3 The Company will not be liable for the compensation for damage set forth in the preceding two (2) paragraphs if the Company and its employees (i.e., assistants for performing duties such as employees, agents or contractors) have taken or were not able to take necessary measures for the prevention of such damage.
(Limitation of Damage Compensation)
Article 32 If the Company is liable for the damage compensation under the preceding article, the maximum amount of such compensation will be as set forth in the following items:
(1) the amount of compensation for death or injury of Passenger will be limited to the amount covered by the third party passenger comprehensive liability insurance taken out on the aircraft;
(2) the amount of compensation for damage occurring on Baggage will be limited to one hundred and fifty thousand yen (JPY 150,000) per unit of Baggage; and
(3) the amount of compensation for damage occurring on Freight will be limited to thirty thousand yen (JPY 30,000) per unit of Freight.
(Property Insurance)
Article 33 If Baggage or Freight contains valuables, the Company will, at the request of the Passenger or the Consignor, take out property insurance at the expense of the Passenger or the Consignor.
(Disclaimer)
Article 34 The Company will not be liable for compensation for damage suffered by the Passenger or Consignor due to any delay in or inability of performance, incomplete performance (including, but not limited to, change in flight time, cancellation of flight, suspension of service, cancellation of service, change in departure or arrival point, emergency landing, restriction on Passenger boarding, and unloading of all or part of Baggage) caused by aviation security requirements (including the prevention of acts of unlawful seizure, control or destruction of aircraft), earthquakes, typhoons, tsunamis, storms, floods, epidemics, infectious diseases or other acts of God, war, riot, civil commotion, terrorism, labor dispute, strike, enactment, amendment or abolition of laws and regulations, orders or dispositions by public authorities, fire not attributable to the Company or other force majeure.
2 The Company will not be liable for compensation for damage or loss of Baggage, Freight or other items entrusted to the Company for transportation, if such damage or loss is caused by the inherent characteristics, quality, defect, etc. of such Baggage, Freight or other items.
(Comparative Negligence)
Article 35 If the damage referred to in Article 31 is caused by a reason attributable to both the Company and the Passenger, the amount of damage caused by the reason attributable to the Passenger will be deducted from the amount of compensation payable by the Company.
(Passenger's or Consignor's Liability for Compensation)
Article 36 If the Company suffers damage due to willful misconduct or negligence of the Passenger or Consignor, or if the Company suffers damage due to violation of this Agreement by the Passenger or Consignor, the Passenger or Consignor will be liable to compensate the Company for all such damage.
Others
(Elimination of Antisocial Forces)
Article 37 Passenger or Consignor warrants that neither it nor its representatives, officers or persons equivalent to officers fall under any of the following items and affirms that none of them will fall under any of the following items in the future:
(1) an organized crime group, an organized crime group member, a person who ceased to be an organized crime group member within the past five (5) years, a quasi-member of an organized crime group, a company associated with an organized crime group, a corporate racketeer, a person engaging in criminal activities under the pretext of social activism, etc., a special intelligence organized crime group, or any other person equivalent thereto (hereinafter collectively referred to as "Antisocial Force");
(2) having a relationship under which an Antisocial Force is considered to control or be substantially involved in the management;
(3) having a relationship under which it is considered to utilize an Antisocial Force for the purpose of, for example, gaining wrongful profit for itself or for a third party or damaging a third party;
(4) having a relationship under which it is considered to be involved in an Antisocial Force by providing funds, etc. or benefits; or
(5) having a socially reprehensible relationship with an Antisocial Force.
2 Passenger or Consignor affirms that it will not, in person or using a third person, engage in any of the following acts:
(1) acts of violent demand;
(2) acts of unjust demand;
(3) acts of using threatening language or behavior or violence in connection with the transaction;
(4) acts of damaging the credibility of the other party or interfering with the business of the other party by spreading false rumors, using fraudulent acts or by power; or
(5) any other act equivalent to the preceding items.
(Governing Law, Agreed Jurisdiction)
Article 38 This Agreement will be governed by the laws of Japan, and all disputes relating to this Agreement will be subject to the exclusive agreed jurisdiction of the Tokyo District Court for the first instance.
(Effective Date)
Article 39 This Agreement will apply on and after September 15, 2025.