Peach Aviation, Limited.
Conditions of Carriage
1

DEFINITIONS"Applicable Laws, etc." means such laws, cabinet orders and ministerial ordinancesand 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
performe d by Peach.
"Authorised Agent" means a passenger sales agent appointed by a Carrier torepresent the Carrier in the sale of the Passenger Carriage services of the Carrier
and, if authorised by the Carrier, regarding the Passenger Carriage services of any
other Carrier.
"Baggage" me ans 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 andUnchecked Baggage of the Passenger.
"Baggage Charge" means a charge payable by a Passenger for Carriage of his/her
Baggage pursuant to Pe ach's Regulations.
"Baggage Identification Tag" means a document issued by a Carrier solely for the
purpose of identification of Checked Baggage and consisting of two portions: thebaggage tag portion, which is attached by the Carrier to each Checked Bagg age, andthe Baggage claim stub, which is given to the Passenger.
"Carriage" means carriage of a Passenger and/or Baggage by air, either gratuitous or
for reward.
"Carrier" means an air carrier, and shall include an air carrier issuing a Ticket andany air carrier that carries a Passenger and/or his/her Baggage under the Ticket orprovides or undertakes to provide any other services incidental to such Carriage.
"Change of Flight" means any change in a flight that was originally indicated orrecorded in a du ly-issued Ticket.
"Checked Baggage" means Baggage of which a Carrier takes custody and for which
the Carrier issues a Baggage Identification Tag.

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"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.
"Conjunction Ticke t" means a Ticket issued to a Passenger in conjunction withanother Ticket, which together constitute a single contract of Carriage.
"Convention" me ans whichever of the following instruments is applicable to thecontract of Carriage:"Convention for the Unification of Certain Rules Relating to International Carriage byAir", signed at Wars aw on 12th October, 1929 (hereinafter referred to as the"Warsaw Convention");"Warsaw Convention as amended at The Hague i n 1955" signed at The Hague on 28th
Septembe r, 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 Montre al 1975, or"Convention for the Unification of Certain Rules for International Carriage by Air",concluded at Montre al on 28th May, 1999 (hereinafter referred to as the "Montreal
Convention").
"Days" mean calendar days including all seven days of the week; provided that forthe purpose of calculating the number of days of a notice period, the day upon whichsuch notice is dis patched 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" me ans the ultimate stopping place under a contract of Carriage. In thecase of a trip that re turns to the place of departure, the Destination is the same as
the place of de parture.
"Domestic Carriage" means Carriage in which, according to a contract of Carriage,
the place of de parture and, the Destination or Transfer Point, is all situated in Japan.
"Electronic Flight Coupon" means such form of flight coupon as is recorded in Peach's
database.

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"Electronic Ticket" means the Itinerary/Receipt and Electronic Flight Coupon issued
by a Carrier or its Authorised Agent.
"Fare Including Ancillary Services" means a fare for which a Passenger is entitled,
without charge, to exercis e his/her right to airfare, flight change, seat reservation,
Carriage of Checked Baggage and other matters on the terms and conditions set forthin these Conditions of Carriage and Peach's Regulations.
"French Gold Francs" mean French francs consisting of 65 1/2 mil ligrams 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 dateof 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, theDestination or Transfer Point, are situated in two or more countries. As used in th isdefinition, the term "country", which is equivalent to "state", shall include any
territory subject to its sovereignty, suzerainty, mandate, authority or trusteeship.
"Itinerary/Receipt" means the document or documents that form part of theElectronic Ticket containing the information such as the itinerary, ticket information,a portion of the conditions of a contract of Carriage and notices relating thereto andthat constitute Passenger's written evidence of a contract of Carriage.
"Passenger" means any person, except crew members, carried or to be carried in anaircraft with the consent of a Carrier.
"Peach" means Peach Aviation, Limited.
"Peach's Regulations" me an Peach's rules and regulations, other than these
Conditions of Carriage, for International and Domestic Carriage of Passengers and/or
Baggage including, but not limited to, Peach's tables of fares, rates and charges.
"Point Authentication Code" means an authorization number or other number
determine d pursuant to Peach's Regulations proving that a Passenger has Points.
"Points" mean those points that are issued and offered, pursuant to Peach's
Regulations, to Passengers at the time of refund stipulated in Article 13 or otherwise-3-

and that may be used to pay Pe ach's fares and any charges incidental thereto, taxes
on air transportation, and related service fees pursuant to paragraph G of Article 6.
"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 on thedate of the final court he aring of such proceedings and, in any other case, at theexchange rate between the currency and SDR prevailing on the date on which theamount of the damages is finally fixed or on which the value of Baggage is declared.
"Stopover" me ans such deliberate interruption of a travel by a Passenger, at a point
between the place of de parture and the Destination, as is agreed to in advance by
the Carrier.
"Ticket" means the Electronic Ticket on which a portion of the conditions of acontract of Carriage and notices relating thereto are set forth or recorded and that
contains an Electronic Flight Coupon and an Itinerary/Receipt.
“Ticket Authentication Code” means an authorization number or other number designated by Peachproving that a Passenger has an Electronic Ticket.
"Transfer Point" means those places, other than the place of departure and the
Destination, indicated or recorded on 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.
"Unchecked Baggage" me ans any Baggage other than Checked Baggage.

2

APPLICATION OF CONDITIONSA.

GeneralNothing in these Conditions of Carriage or Peach's Regulations shall, unlesspermitted by the Convention and otherwise expressly provided herein, constitutea modification by Peach of any provision of the Convention, or waiver by Peachof any right grante d to it by the Convention.

B.

Agreement by Passe nger
Passengers acknowledge and agree to these Conditions of Carriage, rules
stipulated pursuant thereto, and Peach's Regulations in compliance therewith.

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C.

Applicability
To the extent not in conflict w ith the Convention, these Conditions of Carriage
shall apply to any Carriage of Passengers and/or Baggage and any service
incidental thereto in connection with International and Domestic Carriage, eachto be performe d or provided by Peach at fares, rates a nd charges published inconnection with these Conditions of Carriage.

D.

Gratuitous Carriage
With respect to gratuitous Carriage, Peach reserves the right to exclude theapplication of any provisions of these Conditions of Carriage.

E.

Carriage by Ch arter
Carriage of Passengers and/or Baggage to be performed pursuant to a charter
agreement with Pe ach shall be subject to Peach's Conditions of Carriage
applicable to charter flights.

F.

Change of Conditions of Carriage or Peach's Regulations
Except as will be prohibited by Applicable Laws, etc., Peach may change, modify
or amend any provision of these Conditions of Carriage or of Peach's
Regulations, and will notify the changes of these Conditions of Carriage, etc. by
an appropriate method such as post ing on Peach’s website in advance with areasonable period; provided, however, that no contract of Carriage shall be
subject to such change, modification or amendment made after the Carriage tobe performe d pursuant to such contract commences.

G.

Applicable Conditions
Any Carriage of Passenge rs and/or Baggage shall be subject to these Conditionsof Carriage and Peach's Regulations in effect as of the date of commencementof the Carriage covered by the first Electronic Flight Coupon of the Ticket.

H.

Governing Law and Court Jurisdiction
1.

The Convention shall in principle apply to any Carriage of Passengers
and/or Baggage and any service incidental thereto, each to be performed orprovided by Pe ach at fares, rates and charges published in connection with-5-

these Conditions of Carriage; provided, however, that Carriage ofPassengers and/or Baggage to which the Convention does not apply and any
service incidental thereto shall be governed by and construed in accordancewith the laws of Japan without refe rence to any conflict of laws provisions
in any body of law that would otherwise apply.
2.

If any dis pute arises in connection with Carriage under these Conditions ofCarriage, the Osaka District Court shall have exclusive first instancejuris diction over such dispute to the extent not in conflict with theConvention.

3

CODE SHARE
1.

On some routes, Pe ach offers our services together with other Carriers, placing
Peach's designator code on flights operated by other Carriers under codeshareagreements.

2.

For a codeshare flight operated by another Carrier, Peach will advise a
Passenger of the identity of the operating Carrier prior to reservation.

3.

Passengers travelling on a flight operated by another Carrier may be subject toterms and conditions of the operating Carrier that differ from those of Peach,
including those re garding:a.

involuntary Change of Flight provided in paragraph B of Article 7;b.

check-in provide d in Article 9;c.

refusal and limitation of Carriage provi ded in paragraphs A and C of Article
10;d.

restriction of acceptance as Baggage, free Baggage allowance and excess
Baggage Charge and acceptance of animals provided in Article 11; ande.

4cancellations provided in sub -paragraph 2 of paragraph B of Ar ticle 12.

TICKETSA.

General-6-1.

Peach will not issue or exchange/reissue a Ticket unless the Passenger
pays the fare, charges, taxes or service fees, or complies with credit
arrangements approved by Peach.

2.

Peach will collect, pursuant to P each's Regulations, change charges on a
Ticket issued to a Passenger. The service charges are non -refundable.

3.

A Passenger must present his/her Ticket Authentication code or
Itinerary/Receipt of the scheduled boarding Flight for said Passenger duly
issued in accordance with Peach's Regulations and his/her identification, orotherwise some form of evidence of identification designated by Peachwhen he/she takes Carriage. Further, a Passenger mus t present his/herboarding pass designated by Peach at the boarding gate. If the Passenger
fail to comply with these requirements, Peach may refuse Carriage of such
Passenger. A Passenger shall not be entitled to be carried if the Ticket
presented by the P assenger falls within the scope of sub -paragraph 6 ofparagraph A of Article 10.

4.

A Ticket shall not be transferable. Peach shall not be liable to any person
entitle d to be carried or to receive a refund, for honouring or refunding a
Ticket presented by any person other than the person so entitled. If a
Ticket is in fact use d by any person other than the person who is entitled tobe carried, with or without such person's knowledge and consent, Peachshall not be liable for death of or injury to such un authorised person or for
loss, destruction or delay in arrival of, or damage to, such unauthorised
person's Baggage or other personal property arising from or in connection
with such unauthorised use.

B.

Validity of Ticket
1.

The flight on which a se at is reserved and the date of issue shall be
indicate d or recorde d on the Ticket. Each Electronic Flight Coupon shall bevalid for Carriage on the flight on which a seat is reserved.

2.

Unless otherwise provided in Peach's Regulations, a Ticket shall o nly bevalid for the flight on which a seat is reserved as indicated or recorded on
the Ticket.

C.

Valid Flight

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1.

If a Passenger is prevented from travelling on the flight on which a seat isreserved, because Pe ach:a.

cancels the flight on which the Passenger holds a reservation;b.

fails to operate a flight according to the schedule with no justifiablereason;c.

omits a scheduled stop, such as the Passenger's place of departure,
Destination or Stopover point;d.

causes the Passen ger to miss a connection to flight of Peach; ore.

is unable to provide a seat previously reserved by the Passenger,

Peach will, unless otherwise provided in Peach's Regulations, treat such
Ticket as valid, at no additional charge, for Peach's first fl ight to the same
Destination on which a seat is available.
2.

If a Passenger, after commencing his/her travel, is prevented fromtravelling on the flight on which a seat is reserved by reason of his/her
illness (but not pregnancy), Peach may, unless oth erwise provided in
Peach's Re gulations, treat such Ticket as valid for any of the following
flights; provided, however, that such treatment shall not be prohibited by
Peach's Re gulations applicable to the fare paid by the Passenger:a.

Peach's first flight to the same Destination on which a seat isavailable on and after the date on which the Passenger becomes fit torecommence his/her travel according to a valid medical certificate, orb.

any of Peach flights to the same Destination to be operated w ithin 7
Days of the date of said first flight.

5

STOPOVERS
Stopovers may be permitted at any Transfer Point subject to Applicable Laws, etc.
and Peach's Re gulations.

6

FARES AND ROUTINGSA.

General-8-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/marine transportation
service within airport are as, between airports or between an airport anddowntown areas.
B.

Fares
1.

Fares as used herein mean the fares which shall be published by Peach or,
if not so published, constructed in accordance with Peach's Regulations,which shall, unless otherwise provided in Applicable Laws, etc., be in effectas of the date of issue of a Ticket.

2.

Unless otherwise provided in these Conditions of Carriage or Peach's
Regulations, fares entitle a Passenger to occupy one seat. Unless otherwise
provided in other provisions of these Conditions of Carriage or Peach's
Regulations or s pecifically approved by Peach, a Passenge r shall be entitledto occupy only one seat on board.

C.

Routings
Unless otherwise provide d in Peach's Regulations, fares shall apply only to arouting published in connection with such fares.

D.

Taxes and Charges
Any tax or charge imposed by a gover nment or other public authority or by anoperator 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 and charges and be payable
separately by the Passenger; provided, however, th at fares and charges on
Domestic Carriage shall include an amount equal to consumption taxes(including local consumption taxes). In the case of refunds of these taxes or
charges for reasons other than involuntary refunds (Paragraph C of Article 13)
or force majeure, etc. (Paragraph D of Article 13D) including, but not limited to,a voluntary refund made by a Passenger, the administration fee prescribed in
Peach's Re gulations will be applied.

E.

Currency
Fares and charges may be paid in a currency to be specified by Peach subject toApplicable Laws, etc. other than the currency in which the fare or charge is-9-

publishe d. If a payment is made in a currency other than the currency in which
the fare or charge i s published, such payment shall be made at the rate ofexchange set in accordance with Peach's Regulations.
F.

Free Carriage of Infants
Peach shall accept, free of charge, Carriage of one Infant that does not use aseat who is accompanied by a Passenger aged 12 or over.

G.

Points1.

Passengers shall be entitled to use Points to pay fares, charges or taxes at
a rate determine d by Peach.

2.

Unless otherwise provided in Peach's Regulations, Points may only be usedby a Passenger who earned such Poi nts.

3.

When using Points, Passengers shall present to or notify Peach of a Point
Authentication Code.

4.

Unless otherwise provided in Peach's Regulations, Points shall be valid andin force for a period of 6 months commencing on the day on which suc h
Points are issued.

5.
H.

Points may not be e xchanged for cash.

Unauthorized Boarding
In any of the following cases, a Passenger shall be deemed to have boarded
without authorization, and Peach shall charge such Passenger for the fare andcharges applicable thereto for the sector (leg of flight) with respect to which
said Passenger boarde d without authorization and an amount equal to double
the sum of the most expe nsive fare for said sector at the time of boarding plus
charges; provide d, howe ver, tha t if it is not possible to ascertain such sector,
the Passenger shall be de emed to have boarded from the place of departure of
the aircraft with s aid Passenger on board:1.

if the Passenger fails to present his/her Ticket upon request of an
attendant of Peach or goes beyond the sector set out in the Ticket without
the permission of an attendant of Peach;- 10 -

2.

if the Passenger intentionally boards an aircraft with an invalid Ticket; or3.

if the Passenger makes false declarations and is by such false declarations
exempte d from payment of fare or charges that he/she should have paid.

7

CHANGE OF FLIGHT, FAILURE TO CARRY AND MISSED CONNECTIONS
A.

Change of Flight Re quested by Passenger
1.

Under Peach's Regulations, a Passenger may be restricted or prohibitedfrom changing his/her flight.

2.

Upon a Passenger's request, Peach shall change his/her flight with respect
to an unused Ticket or Electronic Flight Coupon(s) if:a.

Peach issues the Ticket;b.

Pe ach is the original issuing Carrier indicated or recorded on the
Ticket; orc.

Pe ach is the Carrier designated on the unused Electronic Flight
Coupon for the first onward sector of a flight to be changed.

3.

In the event of addition of sector(s) after Carriage commences, Peachshall not provide Carriage at a through fare for the combined original andnewly adde d sectors unless a Passenger makes such request prior to arrival
at a Destination indicated or recorded on the Ticket presented.

4.

The fares and char ges applicable after Change of Flight shall be those ineffect as of the date on which the change is made, however, if the fare of
the flight after the reservation change is smaller than the fare of theoriginal flight, the fare of the original flight shal l be applied. The difference
will not be refunded.

5.

Time limits on cancellation of a reserved seat and charges for latecancellation of a reserved seat shall also apply to a flight changed upon a
Passenger's request.

B.

Involuntary Change of Flight- 11 -

1.

Unless otherwise provided in sub -paragraph 2 of paragraph B of Article 12,
in the event that Peach cancels a flight, fails to operate a flight according
to the schedule with no justifiable reason, is unable to provide a Passenger
with his/her reserved seat or causes a Passenger to miss his/her connecting
flight of Peach on which he/she holds a reservation, Peach shall, atPassenger’s option, take either of the following measures:a.

to carry the Passenger on any other flight of Peach on which a s eat isavailable; orb.

to provide an involuntary refund in accordance with paragraph C of
Article 13.

2.

For reasons other than those prescribed in items a through d of sub paragraph 2 of paragraph B of Article 12, in the event that Peach changes
Passenger's Destination or Stopover point after departure of the flight,
Peach shall, at Passenger’s option, take either of the following measures:a.

to carry the Passenger to his/her Destination or Stopover point byeither of the following means of transportat ion at the option of Peachi. to carry the Passenger on any other flight of Peach on which a seatis available; orii. to carry the Passenger by other means of transportation.

b.

to provide an involuntary refund in accordance with paragraph C of
Article 13.

3.

In the event that a Passenger misses an onward connecting flight of Peachon which the Passenger holds a reservation because a Carrier carrying such
Passenger fails to operate its flight according to the schedule or changes
the schedule of such flight, Peach shall not be liable for such missed
connection.

C.

Change of Flight for Reasons Not for Benefit of Peach and Passenger
1.

For reasons prescribed in items a through d o f sub-paragraph 2 ofparagraph B of Article 12, in the event that Peach cancels a flight, fails to
operate a flight according to the schedule, is unable to provide a Passenger- 12 -

with his/her reserved seat, or causes a Passenger to miss his/herconnecting flight on which he/she holds a reservation, Peach shall, at its
option, take either of the following measures:a.

to carry the Passenger on any other flight of Peach on which a seat isavailable; orb.

to provide an involuntary refund in accordance wit h paragraph D of
Article 13.

2.

For reasons prescribed in items a through d of sub -paragraph 2 ofparagraph B of Article 12, in the event that Peach changes Passenger's
Destination or Stopover point after departure of the flight, Peach shall, at
its option, take either of the following measures:a.

to carry the Passenger to his/her Destination or Stopover point byeither of the following means of transportation at the option of Peachi. to carry the Passenger on any other flight of Peach on which a seatis available; orii. to carry the Passenger by other means of transportation.

b.

to provide an involuntary refund in accordance with paragraph D of
Article 13.

8

RESERVATIONSA.

General1.

A reservation shall be confirmed when recorded in Peach's reservation
system as accepte d.

2.

Name changes are not permitted once the reservation has been confirmed
in Peach's reservation system.

3.

Under Peach's Regulations, conditions applicable to certain fares may limit
or prohibit change or cancellation of reservations.

B.

Ticketing Time Limits- 13 -

If a Ticket is not issued for a Passenger prior to the ticketing time limit
specified by Peach, Pe ach may cancel his/her reservation.
C.

Se at Assignment
In the event that a Passenger assigns a specific seat, Peach shall charge thefees prescribed in Peach's Regulations therefor.

D.

Refund and Change of Flight When Passenger Fails to Board Reserved Flight
A Passenger who fails to board his/her reserved flight without prior notice
thereof to Peach shall not be entitled to a refund or Change of Flight.

E.

Cancellation of Reservations Made by Peach
1.

Peach may, at its own discretion, cancel all or a portion of the Passenger's
reservation if two or more flights are reserved for the same Passenger andif:a.

s ame sectors on the same day are reserved;b.

same sectors on the days of travel close to each other are reserved;c.

different sectors on the same day are reserved; ord.

Pe ach reasonably considers that the Passenger cannot use all ofreserved se ats.

2.

If a Passenger fails to board his/her reserved flight without prior notice
thereof to Peach, Peach may cancel, or request any other Carrier to cancel,
his/her onward reservations thereafter. Further, if a Passenger fails toboard his/her reserve d flight of other Carrier without prior notice thereof tosuch Carrier, Peach may, upon the Carrier's request, cancel his/her onward
reservations thereafter.

3.

Peach may cancel all of or a portion of a Passenger's reservations that do
not include necessary personal data by the time limit specified by Peach, as
require d by Applicable Laws, etc. of any countries concerned such as thoseto be flown from, into or through which the Passenger transits.

F.

Reconfirmation of Reservations of Other Carr iers

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In the event that reconfirmation of reservations is required in accordance withregulations of any Carrier other than Peach, Peach may cancel the onward Peachflight reservations there after for a Passenger when he/she fails to reconfirm thereservation of such Carrier within the time specified by the Carrier.
G.

Communications Charges
A Passenger shall, unless Peach agrees otherwise, bear any communication
charges for tele phone, fax or other communication facility (such as internet)
used in connection with making or cancelling a reservation.

H.

Personal Data
A Passenger agrees that his/her personal data will be furnished to Peach by the
Passenger or his/her agent, will be retained by Peach or, if Peach deems
necessary, will be transmitted by Peach to any of its own offices, other Carriers,
the providers of travel se rvices, government authorities or other entity oragency, 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
Peach deems necessary in order to facilitate any convenience of t he travel for
the Passenger.

I.

Communication Failure, etc.
In the event of delay in or failure of reservation, change and cancellation of aflight that arises from failure of communication equipment and line, computerand communications means such as disruption of telephone service, Peach shallnot be liable for any damage caused thereby.

9

CHECK-INA Passenger shall arrive at Peach's check -in counter and the boarding gate by thetime designated by Pe ach or, if no time is designated, sufficiently in advance of theflight de parture so that there will be enough time for the Passenger to have check -in
and departure proce dures completed by the departure time of the flight. If a
Passenger fails to arrive at Peach's check -in counter or the boarding gate by the time
designate d by Peach or is unable to depart because of improper or incomplete exit,- 15 -

entry or other necessary documentation required for his/her departure, Peach may
cancel his/her reservation of a seat and will not delay the flight for the Passe nger.
Peach shall not be liable to the Passenger for any damage caused due to the
Passenger's failure to comply with this Article.

10

REFUSAL AND LIMITATION OF CARRIAGE
A.

Right to Refuse Carriage, etc.
Peach may refuse Carriage of, or remove, any Pa ssenger, and in such casehis/her Baggage will be handled in the same way, if Peach determines at its
reasonable discretion that:1.

such action is neces sary for a reason of flight safety;

2.

such action is neces sary in order for Peach to comply with Applicable
Laws, e tc. of any countries concerned such as those to be flown from, intoor through which the Passenger transits;3.

the Passenger falls under any of the following cases:a.

the Passenger falls under item b of sub -paragraph 1 of paragraph B of
Article 16;b.

the Passenger may unlawfully attempt to enter a country throughwhich he/she is in transit by means of destroying his/her
documentation re quired for exit, entry or other purposes; orc.

the Passenger refuses to accept Peac h's request for reason ofprotecting against an unlawful entry to a country that he/shesurrenders to a crew member his/her documentation required for exit,
entry or other purposes to be held by a crew member in exchange for
Peach's receipt

4.

for such documentation.

the Passenger falls under sub -paragraph 4 or 5 of paragraph B of Article
11;5.

the Passenger or his /her conduct, age or mental or physical condition:a.

requires special assistance of Peach,- 16 -

b.

may cause discomfort or makes himse lf/ herself objectionable to other
Passengers,c.

may cause harm to safety or health of himself/herself or otherpersons,d.

may cause harm to an aircraft or any property;e.

obs tructs any member of Peach in performing his/her duties or fails tocomply with any instruction of any such member,f.

uses portable telephones, portable radios, electronic games or otherelectronic devices in aircraft cabin without Peach's permission, org.

smokes in aircraft cabin (smoking includes the use of cigarettes, electronic
cigarettes, heated cigarettes and other smoking devices);6.

the Ticket presented by the Passenger is:a.

acquire d unlawfully or purchased from an entity other than theissuing Carrier or its Authorised Agent, orb.
7.

a counterfeit Ticket;

the person presenting a Ticket cannot prove that he/she is the person
named or recorded on the Ticket;

8.

the Passenger fails to pay any applicable fares, charges or taxes or may
fail to perfor m a credit arrangement agreed upon between Peach and thePassenger (or the person paying for the Ticket); or

9.

a Child or Infant is unaccompanied by a Passenger aged 12 or over.

In the case of item c , d or e of sub-paragraph 5 of this paragraph, in addition torefusal of carriage as set forth in this Paragraph A, Peach may further takenecessary actions for discontinuance of the said act by the Passenger.
necessary actions may include detention of the Passenger.
B.

Conditional Acceptance for Carriage- 17 -Such

If a Passenger whose status, age or mental or physical condition may cause any
hazard or ris k to himself/herself is carried, Peach shall not be liable for deathof, or any injury, illness, wounding or disability suffered by, the Pa ssenger or
any aggravation or consequences thereof due to such status, age or mental orphys ical condition.
C.

Limitation on Carriage
1.

Acce ptance of Carriage of persons with a mental or physical disability,
pregnant women or persons with illness sh all be subject to Peach's
Regulations and may require a prior arrangement with Peach.

2.

If the total we ight of the Passengers boarding, and/or Baggage loaded in,an aircraft may exceed the maximum allowance weight with respect to theaircraft, Peach may, in accordance with Peach's Regulations, decide which
Passengers and/or Baggage will be carried.

11

BAGGAGEA.

Restriction of Acceptance as Baggage
1.

Peach will refuse to accept as Baggage:a.

items that do not constitute Baggage as defined in Article 1;b.

items that may endanger an aircraft or any person or property during
International Carriage, such as those which are specified in theDangerous Goods Regulations of the International Civil Aviation
Organization (ICAO) and the International Air Transport Association(IATA) and in Pe ach's Regulations;c.

items Carriage of which is prohibited by Applicable Laws, etc. of any
state or country to be flown from, into or through, through which the
Passenger transits;d.

items that Peach deems unsu itable for Carriage by reason of theirweight, size, shape or character such as being fragile or perishable;e.

live animals; provided, however, that Peach may accept, free of charge,
Carriage of a dog (i.e. guide dog, service dog or hearing -assistance dog;

- 18 -

collectively calle d "Assistance Dog") that accompanies a Passenger witha physical dis ability to assist such passenger together with its cage andfood within a Baggage allowance pursuant to Peach's Regulations. In thiscase, Pe ach shall not be liable fo r death of, or injury or illness sufferedby such Assistance Dog that results from its inherent defect; orf.

fire arms, swords and other similar items, except as otherwise provided
in Peach's Regulations.

2.

Peach may refuse Carriage of, and take any necessary step with respect
to, items whose Carriage is prohibited by the preceding sub -paragraph 1
and may refuse onward Carriage of any such item upon discovery thereof.

3.

Peach shall refuse to accept fragile or perishable items, money, jewellery ,precious metals, ne gotiable papers, securities or other valuables, businessdocuments, passports or other identification documents necessary for travelor samples as Checke d Baggage.

4.

Peach may refuse to carry Baggage as Checked Baggage in case it i s notproperly packe d in a suitcase or other suitable container to ensure safe
Carriage with ordinary care in handling.

5.

Peach may accept to carry a musical instrument as Checked Baggage solong as it is properly packed in a suitcase or other suitable container toensure safe Carriage with ordinary care in handling; provided, however,that Peach shall not be liable for any damage other than those caused due
to ne gligence on the part of Peach.

6.

If any item referre d to in sub -paragraph 1 of this paragraph is carried,
whether or not Carriage of such item as Baggage is prohibited, such
Carriage shall be subject to the charges, limitations of liability and anyother provision of these Conditions of Carriage applicable to Carriage of
Baggage.

B.

Security Inspection- 19 -1.

A Passenger shall submit to any security inspection required bygovernment o r airport officials or by Peach, unless it is speci fically deemed
unnecessary by gove rnment or airport officials or by Peach

2.

Peach will inspect the contents of Passenger's Baggage by opening his/her
Baggage and/or by using some device in the presence of the Passenger
concerned or a third person, for the purpose of safety or security of aircraft(including but not limited to the prevention of unlawful acts of seizure,
exercise of control or destruction of aircraft) and/or for any other reason.
Notwithstanding the foregoing, Peach may inspect the Passenger's Baggage
in his/her or a third person's absence to check whether he/she is inpossession of, or his/her Baggage contains, any prohibited item referred toin sub-paragraph 1 of paragraph A of this Article. Peach will have noliability for any damage of the Baggage (including a key of the Baggage),which is cause d by inspection done by openin g of his/her Baggage or othermeasures.

3.

Peach will search Passenger's articles by touching the Passenger throughhis/her clothes and personal fittings or by using such instruments as ametal detector, for the purpose of security (including but not li mited to theprevention of unlawful acts of seizure, exercise of con trol or destruction of
aircraft) and/or for any other reason.

4.

When a Passenger fails to agree with Peach's inspection as specified in
sub-paragraph 2 of this paragraph, Peach will refuse to carry such
Passenger's baggage.

5.

When a Passenger fails to agree with Peach's search as specified in sub paragraph 3 of this paragraph, Peach will refuse to carry such Passenger.

6.

When such prohibite d articles as specified in sub -paragraph 1 of paragraph
A of this Article are found as a result of such inspection or search as
specified in sub-paragraph 2 or 3 of this paragraph, Peach may refuse to
carry such Baggage, or may dispos e of such Baggage.

C.

Checked Baggage
1.

Peach shall not, in principle, accept Carriage of Checked Baggage;
provided, however, that in the case where a Passenger pays a Fare

- 20 -

Including Ancillary Services for Carriage or pays a Baggage Chargeprescribed in Peach's Regulations, or otherwise wh ere specifically provided
herein, Peach shall accept Carriage of Checked Baggage of such Passenger
pursuant to Pe ach's Regulations, sub -paragraphs 2 through 6 of thisparagraph and paragraphs E through J of this Article.
2.

Nothing containe d in these Co nditions of Carriage shall entitle a Passenger
to have his/her Baggage checked on a flight for a sector for which a Carrier
does not accept checking of Baggage.

3.

Unless otherwise provided in Peach's Regulations or Applicable Laws, etc.,
Peach will, upon presentation by a Passenger of a valid Ticket covering
Carriage on the lines of Peach, or on the lines of Peach and one or moreother Carriers, accept as Checked Baggage the Baggage that is tendered by
the Passenger at the office designated, and by the time prescribed, by
Peach in respect of Carriage on the lines designated on the Ticket;
provided, however, that Peach shall not accept as Checked Baggage the
Baggage tendere d for Carriage:a.

beyond the Destination designated, or on any routing not designated,on the Ticke t;b.

beyond a Stopover point, or beyond a point at which the Passenger
transfers to a connecting flight departing from a different airport fromthat at which the Passenger is scheduled to arrive under the Ticket,
unless otherwise provided for in Peach's Regulations;c.

be yond a point of transfer of the Baggage to any other Carrier withwhich Peach has no interline Baggage agreement or which has different
conditions of Carriage of Baggage from Peach's;d.

for a sector for which th e Passenger holds no reservation;e.

beyond a point at which the Passenger desires to resume possession ofsuch Baggage or any portion thereof; orf.
4.

for a sector for which the Passenger fails to pay all applicable charges.

Upon delivery to Pe ach of Baggage to be checked, Peach shall issue a
Baggage Identification Tag for each piece of the Checked Baggage.

- 21 -

5.

If Checked Baggage of a Passenger has no name, initial or other personal
identification, the Passenger shall affix such identification to the Baggage
prior to Peach's acceptance of the Checked Baggage.

6.

Peach shall, to the reasonable extent possible, carry Checked Baggage of a
Passenger coincidently with the Passenger on the aircraft which the
Passenger boards; provided, however, that i f Peach deems it difficult or
impracticable, Pe ach may carry the Checked Baggage on any other flight inwhich such Baggage can be loaded within the maximum weight allowance orby any other trans portation service.

D.

Unchecked Baggage
1.

Except articles s pecifically permitted by Peach to be carried into the cabin,
Baggage that a Passenger may carry into the cabin shall be, besides one
piece of the Passenger's personal belongings that the Passenger carries andretains as permitted by Peach's Regulations (the sum of the three
dimensions of which shall not exceed 115 centimeters (45 inches)), one
piece of article provided in Peach's Regulations that can be stowed in an
enclosed storage compartment in the cabin or under the seat in front of the
Passenger, the sum of the three dimensions of which shall not exceed 115
centimeters (45 inches); provided, however, that the total weight of sucharticles shall not exceed 7 kilograms (15.4 pounds). A Passenger shall notcarry into the cabin any Baggage that Peach de ems cannot be stowed insafety in the cabin.

2.

With respect to a musical instrument that Peach cannot accept as Checked
Baggage pursuant to sub -paragraph 5 of paragraph A of this Article, a
Passenger may only carry such article into a cabin as Unchecke d Baggage
pursuant to these Conditions of Carriage or other regulations upon priorrequest by such Passenger and with prior permission from Peach.

E.

Baggage Allowance1.

The total Baggage allowance of Checked Baggage of each Passenger shallbe as fo llows:a.

a Passenger who pays a Fare Including Ancillary Services for Carriage
or pays a Baggage Charge prescribed in Peach's Regulations shall receive- 22 -

a Checked Baggage allowance of one piece of Baggage, the weight ofwhich shall not exceed 20 kilogram s (44 pounds); provided, however,that the sum of the three dimensions of the piece shall not exceed 203
centimeters (80 inches).

2.

In the event that two or more Passengers travelling on the same flightcheck their Baggage at the same time to be carr ied by Peach to the sameplace, Peach may, notwithstanding sub -paragraph 1 of this paragraph E andupon those Passengers' request, provide them collectively with a Baggage
allowance e qual to the aggregated individual Baggage allowance in respectof the num ber and weight of such pieces.

3.

A fully collapsible stroller/pushchair, carrying basket, and/or car seat for
Infants or Child Passenger's use as well as a wheelchair for Passenger's use
are accepte d for free and are not included in the Baggage allowan ce.

F.

Special Baggage Allowance
In addition to the Baggage allowance provided in the preceding paragraph E,
Peach will carry as Baggage, without additional charge, a Passenger's personal
belongings permitte d by Peach's Regulations only when the Passenger carries
and retains them.

G.

Excess Baggage
1.

Baggage in excess of the Baggage allowance set forth in sub -paragraph 1of paragraph E of this Article shall be subject to the applicable excess
Baggage charge provided in Peach's Regulations.

2.

Unless otherwise agreed in advance with a Passenger, Peach may carry the
Passenger's Baggage which is in excess of the applicable Baggage allowanceon any other flight or by any other transportation service.

H.

Declaration of Baggage the Value of Which Exceeds Limit of Liability andExcess Value Charges for International Carriage

1.

In the case of International Carriage, a Passenger may declare a value of
Baggage in e xcess of the liability limitation of Peach pursuant to sub -paragraph- 23 -

4 of paragraph B of Article 18. In the event that such declaration is made,Carriage of the Baggage to be performed by Peach shall be subject to a charge
at the rate of U.S.$0.50 for each U.S.$100 or any fraction thereof as excess
value charges with res pect to such excess value; provided, however, that thevalue of Baggage to be declared by one Passenger shall not exceed U.S.$2,500.
2.

Unless otherwise provided in Peach's Regulations, a Passenger carrying his/her
Baggage on an international flight may pay excess v alue charges at the place of
departure for a trave l to the Destination; provided, however, that, if a portionof the Carriage is performed by any other Carrier that applies different excess
value charges from Peach, Peach may refuse to accept the declarati on in thepreceding sub -paragraph with respect to such portion.

I.

Excess Baggage Charge or Excess Value Charge on Change of Flight orCancellation
Any payment or refund of excess Baggage Charge or excess value charge to bemade in the case of Change o f Flight or cancellation of Carriage shall be subject
to the provisions hereunder concerning payment of additional fare or refund of
fare; provided, however, that Peach shall not make refund of excess value
charge in the event that a portion of the Carriag e has already been completed.

J.

Collection and Delivery of Baggage
1.

A Passenger shall claim and receive his/her Baggage as soon as it becomes
ready to be collecte d at the Destination or Stopover point.

2.

The be arer of the Baggage Identificati on Tag(s) issued to a Passenger
when his/her Baggage is checked shall be exclusively entitled to accept
delivery of such Baggage; provided, however, that a person who claims
Baggage but fails to present a Baggage Identification Tag(s) may accept
delivery of the Baggage if the Baggage is identified by other means. Peachshall not be obligate d to ascertain that the bearer of a Baggage
Identification Tag(s) is truly entitled to accept delivery of the Baggage.
Peach shall not be liable for any damage arising ou t of or in connection
with its failure to so ascertain.

3.

If a person claiming Baggage is unable to receive Baggage pursuant to thepreceding sub -paragraph 2, Peach will deliver the Baggage to such person- 24 -

only if he/she establishes to Peach's satisfact ion that he/she is duly entitled
to receive the Baggage and if such person shall, upon Peach's request,
provide Peach with adequate security to indemnify Peach from any loss anddamage to be incurre d by Peach in connection with such delivery.
4.

Peach m ay, unless precluded by Applicable Laws, etc. and if time andother circumstances permit, deliver Checked Baggage to the bearer of a
Baggage Identification Tag(s) at the place of departure or unscheduled
stopping place if he/she requests such delivery. In delivering Baggage at
the place of de parture or unscheduled stopping place, Peach will not refund
any charges paid for such Baggage.

5.

Acce ptance by a Pas senger of delivery of Checked Baggage or the
Passenger's other be longings that Peach takes custody of without his/her
written complaint at the time of the delivery shall constitute prima facie
evidence that such Baggage and other articles have been delivered in goodcondition and in accordance with the contract of Carriage.

6.

If any Baggage is not accepted by Passenger within 7 days of arrival,
Peach may dispose of such Baggage at its discretion.

In this case, aPassenger who owns such Baggage shall bear any damages and expenses
incurred in connection therewith.

12

SCHEDULES, DELAYS AND CANCELLATIONS OF FLIGHTS
A.

Sche dules
Peach 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, however, that times shown on a timetableor elsewhere shall be just scheduled times, and therefore not guaranteed, andshall form no part of the contract of Carriage. Peach may change any scheduleof a flight without any prior notice and shall not be responsible for any trouble
in res pect of connection of a Passenger and/or his/her Baggage with any otherflight because of such change.

B.

Cancellations- 25 -

1.

Peach may, without prior notice, substitute any other Carrier or change anaircraft with respect to Carriage assumed by Peach.

2.

Peach may, without prior notice, cancel, terminate, divert, postpone ordelay any flight or the right to, or any reservation with respect to, any
further Carriage thereafter or determine if any take -off or landing should be
made, without any liability except to refund, in accordance with these
Conditions of Carriage and Peach's Regulations, the fares and charges forany portion of the Ticket unused for any of the following reasons:a.

because of any fact beyond Peach's control (including, but not li mited
to, force majeure such as meteorological conditions, acts of God,
strikes, riots, civil commotions, embargoes, wars, hostilities,
disturbances and unstable international relations) whether actual,
threatene d or reported, or because of any delay, dema nd, condition,
circumstances or requirement directly or indirectly relating to such
fact;

b.

because of any fact not to be foreseen, anticipated or predicted by
Peach;c.

because of any Applicable Laws, etc.; ord.

because of shortage of labour, fuel or facilities or labour problems ofPeach or others.

3.

If a Passenger refuses, notwithstanding Peach's request, to pay all or a
portion of the fares demanded by Peach or the charges demanded orassessed by Peach with respect to his/her Baggage, Pe ach shall cancel the
Carriage, or the right to any further Carriage thereafter, of the Passenger
and/or his/her Baggage, without being subject to any liability therefor
except to refund, in accordance with these Conditions of Carriage andPeach's Re gulatio ns, any unused portion of the Ticket, if any, for which the
Passenger fully paid the applicable fares and charges.

13

REFUNDSA.

General- 26 -

1.

In the event that a Passenger fails to use his/her Ticket or a portion
thereof for a reason provided in par agraph C (involuntary refunds) or D
(refunds due to force majeure, etc.) of this Article, Peach shall make a
refund in originally paid currency or Points for such unused Ticket or
portion in accordance with this Article and Peach's Regulations.

2.

In the event that a Passenger fails to use his/her Ticket or a portion
thereof for any re ason other than that provided in paragraph C (involuntary
refunds) or D (refunds due to force majeure, etc.) including, but not limited
to, a voluntary refund made by a Pas senger, Peach shall not refund to the
Passenger any fare, and charges received from the Passenger for suchunused Ticket or portion thereof; provided, however, that Peach shall makea refund in Points pursuant to paragraph E of this Article where a Passeng erpurchased a Ticket for a Fare Including Ancillary Services.

B.

Person Entitle d to Refund
1.

Unless otherwise provided in Peach's Regulations, Peach shall make a
refund to the person named or recorded on a Ticket as a revenue Passenger
or, to the person who purchased the Ticket upon presentation to Peach ofsatisfactory e vidence to prove that he/she is entitled to such refund.

C.

Involuntary Refunds
1.

The term "Involuntary Refund" means any refund made when a Passenger
is prevente d from us ing the Carriage provided for in his/her Ticket because
Peach cancels a flight, fails to operate a flight according to the schedulewith no justifiable reason, fails to stop at a Passenger's Destination or
Stopover point, fails to provide a Passenger with his/her reserved seat,causes a Passenger to miss his/her connecting flight of Peach on which
he/she holds a reservation or refuses to carry or removes a Passenger
pursuant to any of sub-paragraphs 1, 2, 5 and 9 of paragraph A of Article
10, and the amount of the refund shall be:a.

if no portion of the trip has been made, an amount equal to the farepaid; or,b.

if a portion of the trip has been made, the higher of the following:- 27 -

i.

the amount equal to the fare, less the same rate of discount, i fany, that was applied in computing the original fare, and charges
applicable to the unused transportation from the point oftermination of travel (or the point at which transportation was tobe resume d in the absence of the termination) to the Destinatio nor Stopover point indicated or recorded on the Ticket ; orii.

the difference between the fare paid and the fare for the
Carriage completed.

D.

Refunds Due to Force Majeure, etc.
1.

In the event that Pe ach cancels a flight, fails to operate a fl ight according
to the schedule with no justifiable reason, fails to stop at a Passenger's
Destination or Stopover point, is unable to provide a Passenger with his/herreserved se at or causes a Passenger to miss his/her connecting flight ofPeach on which he/she holds a reservation for any reason provided for initems a through d of paragraph B of Article 12, Peach shall, at its option,
make a refund pursuant to paragraph C of Article 7, and the amount of therefund shall be:a.

if no portion of the trip has been made, the fare paid; orb.

if a portion of the trip has been made, the higher of the following:i.

the amount equal to the fare, less the same rate of discount, if
any, that was applied in computing the original fare, and charges
applicable to the unused transportation from the point oftermination of travel (or the point at which transportation was tobe resume d in the absence of the termination) to the Destination
or Stopover point indicated or recorded on the Ticket ; orii.

the difference between the fare paid and the fare for the
Carriage completed.

E.

Refunds for Re asons Other Than Involuntary Refunds (Paragraph C) and Force
Majeure, etc. (Paragraph D)
1.

Peach shall make a refund in points as follows only where a Passenger
purchased a Ticket for a Fare Including Ancillary Services:- 28 -

a.

if no portion of the trip has been made, an amount equal to the farepaid, less any cancellation fees provided in Peach's Regulations; orb.

if a portion of the trip has been made, an amou nt equal to thedifference between the fare paid and the fare applicable to the sector
for which the Ticket has been used, less any cancellation fees provided
in Peach's Regulations.

2.

If a refund for any portion of a Ticket shall result in such Ticket having
been used for a sector where Carriage is prohibited, the refund, if any,
shall be made in accordance with item b of sub -paragraph 1 of thisparagraph as if such Ticket had been used beyond such sector until a point
where Carriage is not prohi bited.

F.

Right to Refuse Refund
1.

Peach may refuse a to grant a refund for a Ticket in the event that: arequest therefor is made pursuant to paragraph C of this Article more than
30 Days after the de parture date indicated or recorded on the Ticket ; orsuch request is made pursuant to paragraph D or E of this Article more than
10 Days after such departure date.

2.

Peach may refuse a to grant refund for a Ticket that a Passenger presents
to Peach or to government officials of a country as evidence of his/her
intention to depart therefrom, unless the Passenger establishes to Peach's
satisfaction that he/she has permission to remain in the country or thathe/she will de part therefrom by other Carrier or other transportation
service.

3.

Peach shall not grant a refund for a Ticket of a Passenger in the eventthat Carriage of the Passenger is refused or he/she is removed inaccordance with any of sub -paragraphs 3, 4 and 6 through 8 of paragraph A
of Article 10; provide d, however, that only if a Passen ger pays part offares, charges or taxes, and Carriage of the Passenger is refused or he/she
is removed in accordance with sub -paragraph 8 of paragraph A of Article
10, Peach shall refund to the Passenger the money received from such
Passenger.

G.

Currency and Points Used for Refund- 29 -

Any refund shall be made subject to Applicable Laws, etc. of the country inwhich a Ticket is originally paid for and of the country in which the refund ismade. Any refund under paragraph C of this Article shall be made, atPassenger's option, in the currency in which the Ticket is paid for or inpoints.

Any refund unde r paragraph D of this Article shall be made, at Peach's

option, in the currency in which the Ticket is paid for or in points.

Any refund

under paragraph E of this Article shall be made only in points.

14

GROUND/MARINE TRANSPORTATION SERVICE
Unless otherwise provide d in Pe ach's Regulations, Peach shall not arrange for,
operate or provide ground/marine transportation service within airport areas,
between airports or between an airport and downtown areas. Except ground/marinetrans portation service directly operated by Peach, any such service will be provided
by an independent operator who is not and shall not be deemed as an agent orservant of Pe ach. Even in case an officer, employee or agent of Peach assists a
Passenger in making arrangements for such ground/marine transportation service,
Peach shall not be liable for the acts or omissions of such independent operator. In
the event that Peach operates for a P assenger such ground/marine transportation
service, Peach's Re gulations including those stated or referred to in thoseagreements concerning Tickets, value of Baggage or otherwise shall be applicable tosuch ground/marine transportation service. No portion of fares shall be refundable
even in case such ground/marine transportation service is not used by a Passenger.

15

HOTEL ACCOMMODATION, ARRANGEMENTS MADE BY PEACH AND IN-

FLIGHT MEALSA.

Hote l Accommodation
Hotel charges shall not be included in air fares.

B.

In-flight Meals
In-flight meals will, if served, be charged separately from and additionally tothe fare, charges, taxes or service fees paid by a Passenger for a Ticket, except
as otherwise provided in Peach's Regulations.

- 30 -

16

IMMIGRATION FORMALITIESA.

Compliance with Applicable Laws, etc.
A Passenger shall comply with and observe all Applicable Laws, etc. of countries
concerned such as those to be flown from, into or through which the Passenger
transits, Peach's Regulations , and instructions to be given by Peach. Peach shallbe liable neither for any aid, assistance, guidance or otherwise given by an
officer, employee or agent of Peach to the Passenger who is to board aninternational flight, 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, etc. nor for the Passenger's failure toobtain such documents or to comply with or observe such Applicable La ws, etc.
as a result of such aid, as sistance or guidance.

B.

Passports and Vis as for International Carriage
1.
a.

A Passenger shall present to Peach all exit, entry or other necessary
documents required by Applicable Laws, etc. of countries conce rned
such as those to be flown from, into or through which the Passenger
transits, and shall permit Peach, if Peach at its reasonable discretion
deems it necessary, to make and retain copies thereof; provided,
however, that even if a Passenger presents exi t, entry or othernecessary documents to Peach and Peach carries the Passenger, Peachshall not guarantee to the Passenger that such documents comply with
Applicable Laws, etc.

b.

Pe ach reserves the right to refuse Carriage of any Passenger who fails
to comply with any of such Applicable Laws, etc. or whose exit, entry
or other necessary documents are not complete in any respect.

2.

Peach shall not be responsible for any loss or damage incurred by a
Passenger, and the Passenger shall indemnify Peach f or any loss or damage
incurred by Peach, in connection with the Passenger's failure to comply withthis Article.

3.

A Passenger shall pay the applicable fares, fines, charges and expenses
whenever Pe ach is re quired by any Applicable Laws, etc. to return the- 31 -

Passenger to his/her place of departure or elsewhere because the Passenger
is not permitted to enter a country of transit or Destination. Peach may
appropriate for the payment of such fares, charges and expenses any fares
and/or charges paid by the Pa ssenger to Peach for unused portion of the
Ticket or any funds of the Passenger in the possession of Peach. Peachshall not refund the fare collected for Carriage to the point of such refusalof entry or de portation.
C.

Customs Inspection
Whenever re quire d, a Pas senger's Baggage shall, whether checked or
unchecked, be subject to any inspection to be conducted by customs or othergovernment officials. Pe ach shall not be responsible in any respect to a
Passenger for his/her failure to comply with this para graph. A Passenger shallindemnify Peach for any loss or damage incurred by Peach in connection with
the Passenger's failure to comply with this paragraph.

D.

Government Regulations
Peach shall not be responsible to a Passenger in any respect for its re fusal of
Carriage of the Passenger if Peach at its reasonable discretion determines, or
any Applicable Laws, etc. require, such refusal.

17

SUCCESSIVE CARRIERS
1.

Carriage to be performed under a Ticket and any Conjunction Ticket issued inconjunction therewith by two or more successive Carriers shall be regarded as asingle operation.

2.

Even if Pe ach is a Carrier issuing a Ticket or is designated as a Carrier for the
first sector covered by a Ticket or any Conjunction Ticket involving C arriage by
successive Carriers, Peach shall not be responsible for any sector operated byother Carriers, unless otherwise provided in these Conditions of Carriage.

3.

Each Carrier's liability to compensate for damage arising in connection with a
Passenger's travel shall be governed by such Carrier's Conditions of Carriage.

18

LIABILITY OF CARRIER- 32 -

A.

Applicable Laws, etc.
1.

Carriage performe d by Peach shall be subject to the rules and limitations
relating to liability established by the Convention as applicable to the
Carriage unless such Carriage is International or Domestic Carriage to which
the Convention does not apply.

2.

To the extent not in conflict with the preceding sub -paragraph 1, any
Carriage and other services to be perfor med or provided by Peach shall be
subject to:a.

Applicable Laws, etc.; andb.

these Conditions of Carriage and Peach's Regulations, which may beinspected at any of Peach's business offices and its offices in any
airport from which it operates regu lar services.

3.

The full name of a Carrier and its abbreviation shall be as set forth in the
Carrier's regulations and such name may be expressed in an abbreviatedform on a Ticket. For the purpose of application of the Convention, aCarrier's address shall be the airport of departure indicated or recorded in
the line of the Ticket on which the abbreviation of the Carrier's name first
appears and the Agreed Stopping Places (which may be altered by the
Carrier in case of necessity) shall be those places as defined in Article 1.

B.

Limitation of Liability
Except as otherwise provided by the Convention or Applicable Laws, etc.,
Peach'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 Peach shall be as descri bed
hereinafter. If the re has been intention or negligence on the part of the
Passenger, Pe ach's liability shall be subject to the applicable laws andregulations.
1.

Peach shall not be liable for any Damage in respect of Unchecked Baggage
not attributable to ne gligence of Peach. Assistance rendered to a Passenger- 33 -

by an officer, employee or agent of Peach in loading, unloading ortranshipping Unchecke d Baggage shall be considered as gratuitous service
to the Passenger.
2.

Peach shall not be liable for any Damage directly or indirectly arising out
of its compliance with any Applicable Laws, etc., failure of a Passenger tocomply with the same or any cause beyond Peach's control.

3.

Where the Convention other than the Montreal Convention is applicable,
the following shall apply.
a.

Peach agrees in accordance with Article 22 (1) of the Convention
that, as to all International Carriage performed by Peach and as
defined in the Convention:i.

Peach shall not apply the applicable limit of liability to each
Passenger based on Article 22 (1) of the Convention in defence ofany claim arising out of death of or, wounding or other bodily
injury to, a Passenger within the meaning of Article 17 of theConvention. However, except as provided in ite m a.ii below, Peach
will not waive any defence to such claim that is available under
Article 20 (1) of the Convention or any other Applicable Laws, etc.;
and

ii.

Pe ach shall not, with respect to any claim arising out of death of,or wounding or other bo dily injury to, a Passenger within themeaning of Article 17 of the Convention, avail itself of any defence
under Article 20 (1) of the Convention up to the sum of 128,821
SDR exclusive of the costs of the claim including attorney's fees
which the court finds reasonable.

b.

Nothing here in shall affect the right of Peach with regard to any claim
brought by, on behalf of, or in respect of any person who has wilfullycaused Damage which resulted in death of, or wounding or other bodily
injury to, a Passenge r.

4.

In the case of International Carriage except as prescribed in the preceding
sub-paragraph 3, the following shall apply.

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a.

In the case of Carriage subject to the Montreal Convention, Peach's
liability for Baggage shall be limited to 1,288 SDR for each Passenger.

b.

Exce pt as provided in the preceding item, Peach's liability shall belimited to 17 SDR (250 French Gold Francs) per kilogram in the case ofInternational Carriage of Checked Baggage and 332 SDR (5,000 FrenchGold Francs) for each Passenger in the case of Carriage of Unchecked
Baggage.

c.

The limitation referred in items a and b of this sub -paragraph shallnot apply if the Passenger declares a higher value in advance and pays
excess value charges pursuant to paragraph H of Artic le 11. In thatevent, Peach's liability shall be limited to such higher declared value.
In no case shall Peach's liability exceed the actual amount of Damage
suffered by the Passenger. All claims shall be subject to proof by the
Passenger of the amount of Damage.

5.

Where item b of sub -paragraph 4 applies, in the event of delivery to a
Passenger of a part but not all of his/her Checked Baggage or in the eventof Damage with respect to a part but not all of such Baggage, Peach's
liability with respect to the undelivered or the Damage portion shall be
reduced proportionate ly on the basis of the weight of the Baggage,
notwithstanding the value of any part of the Checked Baggage or thecontents thereof.

6.

Peach shall not be liable for any Damage with resp ect to a Passenger's
Baggage caused by the contents thereof. A Passenger whose property
causes Damage to another Passenger's Baggage or the property of Peachshall indemnify Peach for all loss and expenses incurred by Peach as aresult thereof.

7.

Peach shall not be liable for any Damage to articles that are included in a
Passenger's Checke d Baggage if and to the extent that the Damage resulted
from an inherent defect or inadequate qualityflaw of the article, irrespectiveof Pe ach's knowle dge thereof.

8.

Peach may refuse to accept any article that does not constitute Baggage
under these Conditions of Carriage; provided, however, that if the article is- 35 -

delivered to and received by Peach, it shall be subject to the Baggage
valuation and limitation of lia bility set forth in these Conditions of Carriage
and shall also be subject to the rates and charges published by Peach.
9.

Peach shall issue a Ticket or accept Checked Baggage for a sector the
Carriage for which is performed by any other Carrier only as an agent ofsuch Carrier. Peach shall not be liable for any Damage caused outside a
sector the Carriage for which is performed by Peach. Peach shall neither beliable for any Damage caused to Checked Baggage outside a sector the
Carriage for which is perf ormed by Peach, except where the Passenger shallbe entitle d by the Convention to claim such Damage against Peach in case
Peach is the first or the last Carrier under the relevant contract of Carriage.

10.

Peach shall not be liable in any event for any co nsequential or special or
punitive damages arising from Carriage complying with these Conditions ofCarriage and Pe ach's Regulations, whether or not Peach had knowledge thatsuch damages might arise.

11.

Unless otherwise provided in these Conditions of Ca rriage, Peach reserves
any and all right of defence available under the Convention. Peach also
reserves a right to make a subrogation claim against a third party that hascontributed to Damage, with respect to a portion or all of any payment
made by Peach in connection with the Damage.

12.

Any exclusion or limitation of liability of Peach under these Conditions ofCarriage and Pe ach's Regulations shall also apply to any of Peach's officers,
employees or agents performing their respective duties and to any personor entity whose aircraft is used by Peach for Carriage and any of its
officers, employees or agents performing their respective duties. The
aggre gate amount of the damages payable by Peach or its officers,
employees, or agents shall not exceed the a mount of Peach's limitation of
liability under these Conditions of Carriage.

13.

In the case of Domestic Carriage, the following shall apply.
a.
i.

Peach shall be liable for any Damage arising in connection withthe death or wounding of, or any ot her bodily injury suffered by, a- 36 -

Passenger, if the incident or accident which causes such Damage
takes place on board an aircraft or in the course of embarking or
disembarking an aircraft.
ii.

Pe ach shall be liable for any Damage arising in connection withthe destruction or loss of, or damage to, any Checked Baggage or
any other article of a Passenger of which Peach takes custody, if
the incident or accident that causes such Damage, takes place
while such Checked Baggage or article is in the custody of Peach.

iii.

Peach shall not be liable for such Damage as provided for initems a.i and a.ii of this sub -paragraph if it is proved that Peach
and/or its Agent(s) have taken necessary measures to avoid such
Damage or that Peach and/or its Agent (s) were prevented fromtaking such measures. The term “Agent(s)" as used in this Articlemeans any employee, representative, agent or contractor of Peach
who assists in the performance of a contract of Carriage.

iv.

Peach shall be liable for Damage aris ing out of or in connection
with the destruction or loss of, or damage to Unchecked Baggage
or any other article carried or worn by a Passenger only if it isproved that such destruction, loss or damage was caused by the
negligence of Peach and/or its Agen t(s).

v.

Pe ach may, without notice, change the scheduled time of, or
cancel, suspend or terminate any flight; change places ofdeparture and/or destination; make emergency landing; limit the
number of Passengers on board; unload all or part of loaded
Baggage; or take any other necessary measures, for any reason
beyond Peach's control, such as laws or regulations, governmental
requirements, security requirements (including, but not limited to,prevention of unlawful seizure, control or destruction of anaircraft), adverse weather, force majeure, labour dispute actions,riots, civil commotions and wars; and Peach shall not be liable forany Damage arising as a result of taking such measures, unless
Peach is he ld liable for such Damage pursuant to the preced ing
items a.i through a.iv of this sub -paragraph.

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b.

Pe ach shall not be liable for any Damage arising in connection withdestruction, loss of, or damage to any Checked Baggage or any otherarticle of a Passenger that Peach takes custody of, if such Dama ge iscaused solely by any inherent defect, inadequate quality or flaw in the
Baggage or the article.

c.

If Pe ach proves that any Damage has been caused by or inconnection with the wilful misconduct or negligence of a Passenger,
Peach shall be exempte d from liability to the Passenger, in whole or inpart, to the e xtent that such wilful misconduct or negligence has
caused or contributed to the Damage.

d.

If Pe ach incurs any Damage caused by a Passenger's wilful misconduct
or negligence, or by his/her failure to observe these Conditions ofCarriage or any rules or regulations stipulated thereunder, thePassenger shall indemnify Peach for such Damage.

e.

Peach's liability for the Carriage of Baggage shall be limited to150,000 yen per Passenger, pro vided, however, that the liability ofPeach shall not, under any circumstances, exceed the actual value ofthe Baggage.

f.

The limitation of liability provided for in item e of this sub -paragraphshall not be applicable if it is proved that the Damage has been causedby the wilful misconduct or gross negligence of Peach and/or its
Agent(s); provided, however, that if such Damage is caused by wilful
misconduct or gross negligence of the Agent(s), it shall also be provedthat the Damage occurred while the Agent(s) was (were) performing
his/her (their) duties.

g.
i.

If Peach issues a Ticket or accepts Baggage for Carriage of any
other Carrier, Peach shall do so only as an agent acting on behalfof such other Carrier.

ii.

If the Carriage of a Passe nger is performed successively by morethan one Carrier, any claim for Damage arising from such Carriage
may be made only against the Carrier that performed the Carriage- 38 -

causing the Damage. Peach shall not, under any circumstances, beliable for any Damage to a Passenger if the same has arisen from
Carriage by any other Carrier.
h.

If a Passenger holding a Ticket issued by Peach changes to another
Carrier with the consent of Peach and boards a flight of such other
Carrier with the same Ticket, the Carria ge shall be subject to theconditions of carriage of such other Carrier and Peach shall bear no
responsibility for such Carriage.

i.

If it is proved by an Agent of Peach that he/she was performing
his/her own duties when any Damage as set forth in thes e Conditionsof Carriage occurred, such Agent may apply to such Damage any andall provisions pertaining to exclusion or limitation of liability of Peachin these Conditions of Carriage and any rules and regulations underthese Conditions.

19

TIME LIMITATIONS ON CLAIMS AND ACTIONSA.

Time Limitation on Claims
No claim for damage may be made in the case of damage to Baggage unless the
person entitle d to delivery complains to an office of Peach forthwith after the
discovery thereof and no later than 7 Days from the date of receipt of the
Baggage; and, in the case of delay or loss, unless the complaint is made no
later than 21 Days from the date on which such person has received (in the caseof delay) or should have received (in the case of loss) the Bag gage. Everycomplaint must be in writing and dispatched within the time aforesaid. In caseCarriage is not "International Carriage" subject to the Convention or is Domestic
Carriage, failure to give s uch notice of complaint shall not prevent a claimantfrom filing a suit if the claimant proves that:1.

it was not reasonably possible for him/her to give such notice;2.

he/she was prevented from giving such notice by reason of any act ofPeach; or

3.

Peach had knowledge of the damage to the Passenger 's Baggage.

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B.

Time Limitation on Actions
Any right to damages against Peach shall be extinguished unless an action isbrought within 2 ye ars 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 s toppe d.

20

OVERRIDING LAW
Any provision contained or referred to in a Ticket or in these Conditions of Carriage
or Peach's Re gulations shall, even if it is in violation of Applicable Laws, etc. andtherefore is invalid, remain valid to the extent not in conflict with Applicable Laws,
etc. The invalidity of any provision shall not affect any other provision.

21

MODIFICATION AND WAIVER
No officer, employee or agent of Peach shall have authority to alter, modify or waive
any provision of the contract of Carriage or of these Conditions of Carriage or
Peach's Re gulations.

SUPPLYMENTARY PROVISIONS
1

DATE OF EFFECTIVENESS
This Conditions of Carriage shall come into effect as of July 1, 2020.

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