These conditions of carriage are effective as of July 1, 2020.
These Conditions of Carriage effective July 1st, 2020.
○Article 2 (APPLICATION OF CONDITIONS), Article 10 (REFUSAL AND LIMITATION OF CARRIAGE)
Nothing in these Conditions of Carriage or ANA's Regulations shall, unless permitted by the Convention and otherwise expressly provided herein, constitute a modification by ANA of any provision of, or waiver by ANA of any right granted to it by, the Convention.
To the extent not in conflict with the Convention or any Applicable Laws and except in case ANA's conditions of Carriage applicable exclusively to its own domestic services apply, 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 ANA at fares, rates and charges published in connection with these Conditions of Carriage.
With respect to gratuitous Carriage, ANA 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 ANA shall be subject to ANA's conditions of Carriage applicable to charter flights.
Except as will be prohibited by Applicable Laws, ANA may change, modify or amend any provision of these Conditions of Carriage or of the ANA'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.
Any Carriage of Passengers and/or Baggage shall be subject to these Conditions of Carriage and ANA's Regulations in effect as of the date of commencement of the Carriage covered by the first Flight Coupon of the Ticket.
Passengers shall be deemed to have acknowledged and given consent to these Conditions of Carriage and ANA's Regulations established under these Conditions.
Stopovers may be permitted at any Agreed Stopping Place subject to Applicable Laws and ANA's Regulations.
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, except in the case that ANA's Regulations specifically provide that such ground transportation service will be provided by ANA without additional charge therefor.
Unless otherwise provided in ANA'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, ANA 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 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 ANA subject to Applicable Laws other than the currency in which the fare or charge is published. If a payment is made in a currency other than the currency in which the fare or charge is published, such payment shall be made at the rate of exchange established in accordance with ANA's Regulations.
If a Ticket is not issued for a Passenger prior to the ticketing time limit specified by ANA, ANA may cancel his/her reservation.
ANA may permit a Passenger to reserve a specified seat of a flight in advance; provided that ANA may, without a prior notice, change such seat due to a ship change or other reason.
A service charge shall, upon ANA's request and in accordance with ANA's Regulations, be paid by a Passenger who fails to use a seat of which a reservation is made.
In the event that reconfirmation of reservations is required in accordance with regulations of any Carrier other than ANA, ANA may cancel the onward ANA flight reservations thereafter for a Passenger when he/she fails to reconfirm a reservation of the Carrier within the time specified by the Carrier.
A Passenger shall, unless ANA agrees otherwise, bear any communication expense for telephone, fax or other communication facility (such as internet) used in connection with making or cancelling a reservation.
A Passenger agrees that his/her personal data will be furnished to ANA by the Passenger or his/her agent, will be retained by ANA or, if ANA deems necessary, will be transmitted by ANA to any of its own offices, and other Carriers, the providers of travel services, government authorities or other entity or agency in countries to be flown from, into or over, or in countries of transit and transfer, for the purpose of making a reservation for Carriage, obtaining ancillary services, facilitating immigration and entry requirements or making available such data to government authorities or for any other purpose which ANA deems necessary in order to facilitate any convenience of the travel for the Passenger.
ANA may refuse Carriage of, or remove, any Passenger, and in such case his/her Baggage will be handled in the same way, if ANA determines at its reasonable discretion that:
If a Passenger whose status, age or mental or physical condition may cause any hazard or risk to himself/herself is carried, ANA 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.
In case ANA accepts such Carriage, charges shall be assessed in accordance with ANA's Regulations. Provided however that ANA will in no event accept Carriage of any piece of Baggage the sum of three dimensions of each piece of which exceeds 292 centimeters (115 inches) and/or the weight of which exceeds 45 kilograms (100 pounds).
In addition to the free Baggage allowance provided in the preceding paragraph (E) above, ANA will carry as Baggage, without additional charge, a Passenger's personal belongings. permitted by ANA's Regulations only when the Passenger carries and retains them.
Any payment or refund of excess Baggage charge or excess value charge to be made in the case of Rerouting or cancellation of Carriage shall be subject to the provisions hereunder concerning payment of additional fare or refund of fare; provided that ANA shall not make refund of excess value charge in the event that a portion of the Carriage is completed.
ANA undertakes to use its best efforts to carry a Passenger and his/her Baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel; provided that times shown in a timetable or elsewhere shall be just scheduled but not guaranteed and shall form no part of the contract of Carriage. ANA may change any schedule of a flight without any prior notice and shall not be responsible for any trouble in respect of connection of a Passenger and/or his/her Baggage with any other flight because of such change.
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, ANA 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 the event that a Passenger loses a Ticket or a portion thereof, ANA will, upon receipt of evidence of such loss satisfactory to ANA and payment of the charge set forth in sub-paragraph (2) of paragraph (D) of this Article, make a refund if all of the conditions set forth in the following sub-paragraphs (1) through (3) are satisfied:
Any refund of fares, taxes, fees and charges shall be made by not later than 30 days after the expiration date of the Ticket (excluding the expiration date).
Any refund will be made subject to Applicable Laws of the country in which a Ticket is originally paid for and of the country in which the refund is made.
Any refund will normally be made in the currency in which the Ticket is paid for but may be made in other currency in accordance with ANA's Regulations.
Unless otherwise provided in ANA's Regulations, ANA will make a voluntary refund for a Ticket only in case ANA or its Authorised Agent originally issued the Ticket.
Unless otherwise provided in ANA's Regulations, ANA will not arrange for, operate or provide ground transportation service within airport areas, between airports or between an airport and downtown areas. Except ground transportation service is directly operated by ANA, any such service will be provided by an independent operator who is not and shall not be deemed an agent or servant of ANA. Even in case a representative, officer, employee or agent of ANA assists a Passenger in making arrangements for such ground transportation service, ANA shall not be liable for the acts or omissions of such independent operator. In the event that ANA operates for a Passenger such ground transportation service, ANA's Regulations including, but not limited to, those stated or referred to in those regulations concerning Tickets, Baggage Checks, 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 making arrangements for hotel or other services incidental to Carriage for a Passenger, whether or not ANA bears the cost of such hotel or other services and/or of arrangements therefor, ANA shall not be liable for any loss, damage or costs or expenses incurred by the Passenger as a result of or in connection with such hotel or other services and/or arrangement therefor.
In-flight meals will, if served, be free of charge, except as otherwise provided in ANA's Regulations.
A Passenger shall comply with and observe all Applicable Laws of countries concerned such as countries to be flown from, into or over, ANA's Regulations and instructions to be given by ANA. ANA shall be liable neither for any aid, assistance, guidance or otherwise given by a representative, officer, employee or agent of ANA 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.
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. ANA shall not be responsible in any respect to a Passenger for his/her failure to comply with this paragraph. A Passenger shall indemnify ANA for any loss or damage incurred by ANA in connection with the Passenger's failure to comply with this paragraph.
ANA shall not be responsible to a Passenger in any respect for its refusal of Carriage of the Passenger if ANA at its reasonable discretion determines, or any Applicable Laws require, such refusal.
Except as otherwise provided by the Convention or Applicable Laws, ANA's liability for death of, or wounding or other bodily injury to, a Passenger, delay in arrival of a Passenger and/or his/her Baggage, or any loss of or damage to any Baggage of a Passenger (hereinafter collectively referred to as "Damage") arising out of or in connection with Carriage or other services incidental thereto performed or provided by ANA shall be as described hereinafter. If there has been contributory negligence on the part of the Passenger, ANA's liability shall be subject to the applicable law relating to contributory negligence.
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 ANA 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:
Any right to damages against ANA shall be extinguished unless an action is brought within 2 years reckoned from the date of arrival at the Destination, from the date on which the aircraft ought to have arrived, or from the date on which the Carriage stopped.
Any provision contained or referred to in a Ticket or in these Conditions of Carriage or ANA's Regulations shall, even if it is in violation of Applicable Laws and is invalid, remain valid to the extent not in conflict with Applicable Laws. The invalidity of any provision shall not affect any other provision.
No representative, officer, employee or agent of ANA shall have authority to alter, modify or waive any provision of the contract of Carriage or of these Conditions of Carriage or ANA's Regulations.
These Conditions of Carriage shall come into effect as of July 1, 2020.