These Conditions of Carriage are effective as of June 1, 2026.
This provisions constitute a contract of carriage (special agreement to our Conditions of Carriage), applicable exclusively to consumers residing in Austria.
"Agent" means any director, officer, employee, agent or contractor of the Company who assists in the performance of the Contract of Carriage.
"Agreed Stopping Places" means those places, other than the place of departure and the Destination, set forth in a Ticket and/or any Conjunction Ticket issued in connection therewith as scheduled stopping places on the Passenger’s route, or shown in Carrier’s timetable.
"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 the Company.
"Authorised Agency" means a Passenger sales agent appointed by a Carrier to represent the Carrier in the sale of Carriage of Passengers over the services of the Carrier and, if authorised by the Carrier, over the services of any other Carrier.
"Baggage" means such articles, effects and other personal property of a Passenger as are necessary or appropriate for wear, use, comfort or convenience in connection with his/her travel. Unless otherwise specified, it includes both Checked and Unchecked Baggage of the Passenger.
"Baggage Identification Tag" means a document issued by a Carrier solely for the purpose of identification of Checked Baggage and consisting of two portions: the baggage tag portion which is attached by the Carrier to a particular article of Checked Baggage and the Baggage claim stub which is given to the Passenger.
"Carriage" means carriage of a Passenger and/or Baggage by air, gratuitous or for reward.
"Carrier" means an air carrier and shall include an air carrier issuing a Ticket and any air carrier that carries a Passenger and/or his/her Baggage under the Ticket or provides or undertakes to provide any other services incidental to such Carriage.
"Checked Baggage" means Baggage of which a Carrier takes custody and for which the Carrier issues Baggage Claim Tag.
"Child" means a person who has reached his/her second birthday but not his/her twelfth birthday as of the date of commencement of Carriage.
"Company(s)" means, collectively or individually, as the case may be, ALL NIPPON AIRWAYS COMPANY, LTD and ANA WINGS COMPANY, LTD.
Unless otherwise provided in these Conditions of Carriage, "Company(s)" means AIRJAPAN COMPANY, LTD. (AJX) provided that a Passenger has a reservation with AJX and hold a ticket where AJX or airline designator code "NQ" is indicated as the carrier.
"Company’s Office" means a Company’s office and the Company’s website on the Internet.
"Company's Regulations" means the Company's rules and regulations, other than these Conditions of Carriage, for Carriage of Passengers and/or Baggage including, but not limited to, the Company's tables of fares, rates and charges.
"Conjunction Ticket" means a Ticket issued to a Passenger in conjunction with another Ticket which together constitute a single contract of Carriage.
"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 12th October, 1929 (hereinafter referred to as the "Warsaw Convention");
"Warsaw Convention as amended at Hague in 1955" signed at Hague on 28th September, 1955;
"Warsaw Convention" as amended by Additional Protocol No.1 of Montreal 1975;
"Warsaw Convention as amended at 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 28th May, 1999 (hereinafter referred to as the "Montreal Convention").
"Days" means calendar days including all seven days of the week; provided that, for the purpose of calculating the number of days of a notice period, the day upon which such notice is dispatched shall not be counted and further provided that, for the purpose of determining the period of validity of a Ticket, the day upon which the Ticket is issued, or the flight is commenced, shall not be counted.
"Destination" means the ultimate stopping place 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.
"Electronic Miscellaneous Document" means an electronic document issued by a Carrier or its Authorised Agency, requesting issue of an appropriate Ticket or provision of travel services to the person named in such electronic document.
"Flight Coupon" means a coupon in the form recorded in the Company's database that indicates particular places between which the coupon is good for Carriage.
"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 of commencement of Carriage.
"International Carriage" means (except where the Convention is applicable) Carriage in which, according to a contract of Carriage, the place of departure and, the Destination or Agreed Stopping Place, are situated in two or more countries. As used in this definition, the term "country", which is equivalent to "state", shall include any territory subject to its sovereignty, suzerainty, mandate, authority or trusteeship.
"Itinerary/Receipt" means a document or documents forming part of the Electronic Ticket which contains the information such as the itinerary, ticket information, a portion of the conditions of a contract of Carriage and notices relating thereto. This document shall constitute a Passenger's written evidence of a contract of Carriage.
"Passenger" means any person, except crew members, carried or to be carried in an aircraft with the consent of a Carrier.
"Rerouting" means any change in a routing, Carrier, class of service, flight or period of validity from that originally provided in the duly-issued Ticket which a Passenger presents for Carriage.
"SDR" means Special Drawing Rights as defined by the International Monetary Fund. Conversion of the SDR sum into a national currency shall, in the case of judicial proceedings, be made at the exchange rate between the currency and SDR 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 a travel by a Passenger, at a point between the place of departure and the Destination, as is agreed to in advance by the Carrier.
"Ticket" means the Electronic Ticket, in each case issued and have been recorded in the Company's database by a Carrier or its Authorised Agency for Carriage of a Passenger and/or Baggage, setting forth a portion of the conditions of a contract of Carriage and notices relating thereto and containing Flight Coupon and Itinerary/Receipt pursuant to these Conditions of Carriage.
"Unchecked Baggage" means any Baggage other than Checked Baggage.
These Conditions of Carriage shall apply to any Carriage of Passengers and/or Baggage and any service incidental thereto, each to be performed or provided by the Company at fares, rates and charges published in connection with these Conditions of Carriage, provided that the Passenger is a consumer and Austrian resident and that the flight in question is operated to or from the territory of Austria.
Passenger can find information regarding the Company’s fares, Excess Baggage charges, other fees and charges, timetables and other necessary information on the Company’s website.
With respect to gratuitous Carriage, the Company reserves the right to exclude the application of any provisions of these Conditions of Carriage.
Carriage of Passengers and/or Baggage to be performed pursuant to a charter agreement with the Company are not subject to these Conditions of Carriage.
Except as will be prohibited by Applicable Laws, the Company may change, modify or amend any provision of these Conditions of Carriage or of the Company's Regulations; provided that such change, modification or amendment shall be notified by posting on its website or in any other appropriate manner for a reasonable period of time. For the avoidance of doubt, such changes do not affect contracts of carriage that have already been concluded before the change.
Any Carriage of Passengers and/or Baggage shall be subject to these Conditions of Carriage in effect as of the date the contract of Carriage has been concluded.
Passengers shall be deemed to have acknowledged and given consent to these Conditions of Carriage and the Company’s Regulations established under these Conditions for Carriage of Passengers and/or Baggage.
Fares shall apply only to Carriage from the airport at the place of departure to the airport at the Destination and shall not include ground transportation service within airport areas, between airports or between an airport and downtown areas.
Unless otherwise provided in the Company's Regulations, fares shall apply only to a routing published in connection therewith. If there are more than one routings at the same fare, a Passenger may specify the routing prior to issuance of a Ticket. If he/she does not specify the routing, the Company may determine the routing.
Any tax, fee or charge imposed by a government or other public authority or by an operator of an airport in respect to a Passenger or his/her use of any services or facilities will be displayed during the booking process and shall be in addition to the published fares, fees and charges and be payable by the Passenger.
Fares and charges may be paid in a currency to be specified by the Company subject to Applicable Laws other than the currency in which the fare or charge is published.
The Company will generally only accept applications for seat reservations, at the earliest, 355 days prior to the scheduled date of the flight at the Company’s Offices.
If a Passenger reserves a ticket but does not complete the purchase before the end of the ticketing time limit specified by the Company during the reservation process, the Company may cancel his/her reservation.
The Company may, without a prior notice, change the seat assigned by a Passenger due to a change of aircraft or other reason. Such change shall include a change in seat position, seat type and specification.
A Passenger’s personal data will only be processed by the Company in compliance with Applicable Laws. It will be furnished to the Company by the Passenger or his/her agent, will be retained by the Company or, if the Company deems necessary, will be transmitted by the Company to any of its own offices, and other Carriers, the providers of travel services, government authorities or other entities or agencies in countries to be flown from, into or over, or in countries of transit and transfer, to the extent necessary for making a reservation for Carriage, obtaining ancillary services, and facilitating immigration, entry requirements or any convenience of the travel for the Passenger.
Passengers shall observe the instructions of Agent and crew member with respect to boarding, deplaning and/or any other conduct/behavior at airports or on board, or with respect to places of loading or unloading of the Passenger’s Baggage.
The Company may refuse Carriage of, or remove, any Passenger, and in such case his/her Baggage will be handled in the same way, if:
If a Passenger whose status, age or mental or physical condition may cause any hazard or risk to himself/herself is carried, the Company shall not be liable for death of, or any injury, illness, wounding or disability suffered by, the Passenger or any aggravation or consequences thereof due to such status, age or mental or physical condition.
Any refund will be made in the currency in which the Ticket is paid for.
The Company will in principle make a voluntary refund for a Ticket only in case the Company originally issued the Ticket.
This Article 13 does not apply to Reroutings and Refunds due to denied boardings, cancellations (including changes of the scheduled flight times that lead to the flight departing more than one hour earlier or arriving more than 3 hours later than originally scheduled) or arrival delays of more than 3 hours, provided that the passenger is departing from an airport located in the territory of a member state of the European Union. In such cases, only the Applicable Laws apply. Nothing in this Article shall limit any rights granted to passengers under Regulation (EC) 261/2004.
If the number of Passengers (only those who have presented his/her Ticket, with confirmed reservation, for check-in at a Company’s airport office by the time stipulated by the Company) with valid seat reservations on a flight exceeds the seating capacity of the flight and therefore seats are not available to some Passengers under the Company’s responsibility, the Company shall call for volunteers prepared to surrender their confirmed reservations. If there are not enough volunteers, the Company may deny boarding to other Passengers based on the boarding priority set by the Company. The Company shall provide a certain amount of payment stipulated by the Company to those Passengers who accept to cancel his/her flight as a cooperation reward, in addition to any arrangements set forth in sub-paragraph 3 or 4 of paragraph (C) of this Article.
In the event of a delay of an aircraft on the ground at any airports of the United States of America during which Passengers are not allowed to deplane, the Company will use reasonable efforts to comply with any applicable contingency plan, but compliance with the plan is not guaranteed and is not part of these Conditions of Carriage. Additionally, for Passengers traveling on a codeshare flight operated by another Carrier the applicable contingency plan, if any, will be the contingency plan of the operating Carrier.
In addition to the free Baggage allowance provided in the preceding paragraph (E) above, the Company will carry as Baggage, without additional charge, a Passenger's personal belongings, permitted by the Company's Regulations only when the Passenger carries and retains them.
The Company will not arrange for, operate or provide ground transportation service within airport areas, between airports or between an airport and downtown areas. The Company shall not be liable for the acts or omissions of independent operators. In the event that the Company operates for a Passenger such ground transportation service, the Company's Regulations including, but not limited to, those stated or referred to in those regulations concerning Tickets, value of Baggage or otherwise shall be deemed applicable to such ground transportation service. No portion of fares shall be refundable even in case such ground transportation service is not used.
In-flight meals will, if served, be free of charge, except as otherwise provided in the Company's Regulations.
If a Passenger does not consume an in-flight meal, this shall not give rise to any refund for such meal or any reduction of the fare paid for the Ticket.
A Passenger shall comply with and observe all Applicable Laws of countries concerned such as countries to be flown from or into, the Company's Regulations and instructions to be given by the Company. The Company shall be liable neither for any aid, assistance, guidance or otherwise given by an Agent of the Company to the Passenger, whether given orally, in writing or otherwise, in connection with his/her obtaining exit, entry and other necessary documents or complying with or observing such Applicable Laws nor for the Passenger's failure to obtain such documents or to comply with or observe such Applicable Laws as a result of such aid, assistance, guidance or otherwise; this limitation of liability does not apply to personal injuries or any damages resulting from grossly negligent behavior or willful misconduct attributable to the Company.
Whenever required, a Passenger's Baggage shall, whether checked or unchecked, be subject to any inspection to be conducted by customs or other government officials. The Company shall not be responsible in any respect to a Passenger for his/her failure to comply with this paragraph. A Passenger shall indemnify the Company for any loss or damage incurred by the Company in connection with the Passenger's failure to comply with this paragraph.
No claim for damage may be made in the case of damage to Baggage, unless the person entitled to delivery complains to an office of the Company forthwith after the discovery thereof and no later than 7 Days after the date of receipt (excluding the date of receipt); and, in the case of delay or loss, unless the complaint is made no later than 21 Days after the date (excluding such date) on which the Baggage has been (in the case of delay) or should have been (in the case of loss) placed at his/her disposal. Every complaint must be in writing and dispatched within the time aforesaid.
In case Carriage is not "International Carriage" as defined in the Convention, failure to give such notice of complaint shall not prevent a claimant's filing a suit if the claimant proves that:
These Conditions of Carriage and any contract of carriage to which these Conditions of Carriage apply shall be governed by and construed in accordance with the laws of Japan.
To the extent not in conflict with Applicable Laws, any lawsuit brought by a Passenger against the Company may not be brought in or asserted as part of a class action proceeding.
No Agent of the Company shall have authority to alter, modify or waive any provision of the contract of Carriage or of these Conditions of Carriage or the Company's Regulations.
These Conditions of Carriage shall come into effect as of June 1, 2026