Terms and conditions for the international transport of passengers

Article 1 Definition of terms

The terms used in these terms and conditions on transport are defined as follows.

1. "Air Premia" refers to Air Premia Co., Ltd.

2. "Passenger" refers to a person who is not a flight attendant, and who is or will be transported by an aircraft upon his or her consent.

3. "Transport" is the synonym of transportation and refers to the air transportation of passengers or baggage for free or for a price.

4. "Carrier” refers to the airline carrier, and includes the airline carrier that issues the flight ticket and the airline carrier that has been delegated to transport passengers or their baggage, or implement other related services under the same flight ticket.

5. "Fare” refers to the air transport fare set by Air Premia for air transport, in addition to other fees such as the fuel surcharge and airport usage fees.

6. "Fuel surcharge” refers to the fees charged to preserve the additional costs incurred by the airline for increase in fuel prices.

7. "Airport usage fees” refers to the usage fees charged by the government authorities or airport operators to the passenger.

8. "Convention" refers to the “Convention on the unification of certain rules for international air transport” which was signed on October 12, 1929 (“Warsaw Convention”) or its version amended in The Hague on September 28, 1955 (“Amended Warsaw Convention”), or the “Convention on the unification of certain rules for international air transport” amended in Montreal on May 28, 1999, whichever is applied.

9. International transport that is not defined in the convention refers to transport that is not included in the category of international transport under the Warsaw Convention or the Montreal Convention, and is a transport where the departure point and the destination point under the agreement between parties are located in more than two countries. “Country” in this context includes all areas where a state’s sovereign rights, permanent sovereign rights, delegated governance, authority or entrusted governance is applied.

10. "Tariff” refers to the fare, rates and fees applied to the international transport of passengers and baggage as charged by Air Premia and the rules and procedures related to such transport. Tariff also consists as a part of these terms and conditions on transport.

11. “Contract terms” refers to the clauses that are included in the flight ticket or delivered with the flight ticket and either marked as “contract terms” or are clauses written in the notice and in these terms and conditions.

12. "Flight ticket” refers to the electronic flight ticket, electronic voucher or its printed document recorded in the data base of Air Premia and issued in accordance with these terms and conditions by Air Premia or an agent designated by Air Premia (“branch office”) for the transport of passengers and baggage, and includes the itinerary of the passenger, fare, contract terms and notices.

13. "Electronic flight tickets” refers to the e-ticket itinerary/receipt or electronic vouchers issued by the airline or on behalf of the airline, and includes the name of the passenger, flight number and notice.

14. "Electronic voucher” refers to the coupon for electronic check-in or related information stored in the airline database.

15. "Boarding coupon” refers to a part of the flight ticket that is a voucher that has marked a specific leg over which the passenger will be transported. It is presented during check-in and exchanged for a boarding pass.

16. "Passenger coupon” refers to documents that prove the transport contract with the passenger and forms a part of the flight ticket.

17. "Connecting flight ticket” refers to two or more flight tickets issued at the same time to the passenger, which form a single transport contract.

18. ”Miscellaneous Charges Order : (“MCO”)” refers to a ticket issued by the carrier or its agent to the person marked on the ticket to request an issuance of a flight ticket or a provision of services. In an electronic environment, it is called an “Electronic Miscellaneous Document : “EMD”)”.

19. "Regular fare” refers to the non-discounted fare that has been established for air transport at regular times. If this fare is applied, special restrictions of flight ticket fare conditions shall not apply.

20. "Special price fare, event flight ticket or special fare” refer to one-time offer fares that are not regular fares. If flight tickets with such fares are purchased, certain restrictions may apply.

21. “Change fees”, "Cancellation fees” and “Refund penalties” refer to the fees charged in accordance with the applicable fare at the time of changing or cancelling a flight ticket.

22. "No-show penalty” refers to fees charged if a passenger of a confirmed flight does not board the flight without notifying the airline of their cancellation of the booking.

23. “Check-in closing time” refers to the time determined by Air Premia, by which passengers must complete their check-in and receive their boarding pass.

24. "Baggage” refers to items and belongings that a passenger wears, uses or needs for their comfort. Unless otherwise stated, it includes both carry-on baggage and checked-in baggage.

25. "Checked-in baggage” refers to baggage that the passenger presented with a valid flight ticket and which Air Premia received and issued a baggage ticket in exchange.

26. "Carry-on baggage” refers to the baggage that the passenger brings on board into the cabin.

27. “Excess baggage” refers to the baggage that goes above the free baggage allowance as determined by Air Premia.

28. "Baggage ticket” refers to the ticket issued by Air Premia to transport a passenger’s checked-in baggage. It consists of the verification label attached to the checked-in baggage and the reclaim ticket handed to the passenger.

29. "Day” refers to total calendar days including Sundays and public holidays. However, if a notification is sent, the day of notification shall not be included in the calculation of days. In the case of calculating a valid period, the day on which a flight ticket is issued or the travel starts shall not be included.

30. "Child” refers to a passenger over two and under 12 years of age before the start of each trip.

31. “Unaccompanied minors” refers to passengers aged 5 or older who boards the flight without a guardian or adult passenger accompanying them.

32. "Infant” refers to a passenger under 2 years of age before the start of each trip.

33. "Roundtrip” refers to a trip where the same flight route is used to return from a travel destination, regardless of whether the fares for the two flights are the same. Alternatively, it can mean a trip where the passengers travels from one point to another but returns via a different route but the fares for the two trips are set as the same.

34. "Around-the-globe tour” refers to a trip where the passenger departs from one point and takes a flight route that goes around the globe to return to the departure point.

35. "Open-jaw trip” is basically the same as a roundtrip in nature, but the departing point and the arrival point within one country differ, or all four points differ from one another.

36. "Destination” refers to the final arriving point in accordance with the transport contract. In the case of a roundtrip or around-the-globe trip, the destination is the same point as the departure point.

37. "Mid-itinerary stay” means a suspension of the trip. Under prior agreement with the carrier, the passenger intentionally suspends the trip at a point between the departure point and the destination.

38. “Force Majeure” refers to cases caused by an uncontrollable, unavoidable, and unforeseeable circumstance(including weather conditions or airport circumstances)that is beyond the control of Air Premia.

39. "Damages” include death, injury, delays, loss or equivalent that occur in association with the flight transport or its related services.

40. "French Gold Franc” refers to French Franc consisting of 65.5 milligrams of a purity 900/1000 gold.

41. "SDR” refers to the Special Drawing Right as designated by the International Monetary Fund.

Article 2 Application of the terms and conditions

1. General Provisions

None of these terms and conditions for transport or other applicable tariffs shall amend or waive any provisions of the convention.

2. Application

These terms and conditions for transport shall apply to the transport of passengers and baggage, and related services, carried out by Air Premia in exchange for the publicly posted fare, fees and rates within the scope of abiding by the convention.

3. Free transport

For free transport, Air Premia holds the rights to exclude the terms and conditions for transport either partially or in entirety as it deems fit. However, such exclusion of application shall not violate the law, government ordinances or orders (including conventions).

4. Charter flight contracts

For the transport of passengers and baggage carried out under the charter flight contracts with Air Premia, the charter flight contracts of the current year shall take priority. Items not stipulated in the charter flight contracts shall have these terms and conditions for transport applied. In the case that a passenger agrees on the charter flight contract and transport is carried out, regardless of whether the passenger is the party who signed the charter flight contract with Air Premia, the passenger shall be deemed to have agreed on these terms and conditions for transport and the charter flight contract.

5. Effect

The transport of all passengers and baggage shall be carried out under the terms and conditions for transport and other applicable tariffs in place as of the day on which the trip starts with the initial boarding coupon of the flight ticket.

6. Changes without notice

Due to changes in applicable law, government rules, orders, instructions or improvement in services, these terms and conditions for transport and other applicable tariffs may change without notice. If these terms and conditions for transport are changed for any other reason, passengers to which flight tickets had been issued before such change takes effect shall not have the amended terms and conditions for transport applied.

7. Code share flights

A. In accordance with code share agreements signed with other airlines, Air Premia may sell flight tickets issued under Air Premia’s name or airline code(YP)for legs operated by another airline. The passenger is notified of the actual carrier at the time of booking the services.

B. For the transport of passengers and baggage on legs for which Air Premia sells tickets under its own airline code (YP) but are flown by another airline, these terms and conditions for transport shall apply. Air Premia shall bear the liability stipulated in these terms and conditions for transport for the transport leg for the tickets sold under Air Premia’s airline code (YP).

C. The rules of these terms and conditions for transport notwithstanding, different rules may apply to the leg operated by another airline based on their discretion. In such a case, the rules concerned shall not have these terms and conditions for transport applied. Items to which rules different from these terms and conditions for transport may apply include, but are not limited to the following.

 1) Check-in process and closing time
 2) Transport of passengers needing special assistance and unaccompanied minors
 3) Items related to baggage
 4) Transport of live animals
 5) Rejection of transport
 6) Whether oxygen supply services are available
 7) Irregular operations
 8) Denied boarding compensation due to overbooking or the fault of the airline
 9) Measures to prepare for extended waits on the tarmac

D. Partner carriers that operate code share flights of Air Premia may offer services in accordance with their own rules. Partner carriers that operate code share flights of Air Premia may charge fees for additional services in accordance with their own rules. This is beyond the control of Air Premia and is subject to change at any time and shall not be included in the terms and conditions for transport by Air Premia.

E. If a carrier other than Air Premia sells flights with their own code but are operated by Air Premia, the carrier that sold the flight tickets shall bear the liability for services as per the above Clause “C”.

F. For code share flights that depart from or arrive in U.S.A. operated by a partner airline of Air Premia in an alliance where Air Premia also participates as a marketing airline, certain emergency measures are taken by the carrier at the U.S. airport in case of an extended delay in accordance with Implementation Rule 14 C.F.R.§ 259.4 of the U.S. Department of Transportation.

Article 3 Flight tickets

1. General Provisions

If a passenger has not paid the applicable fare or does not honor the conditions for credit transactions of Air Premia, Air Premia shall not issue a flight ticket and nor will it carry out the transport in any case.

2. Validity of the flight ticket

A. The flight ticket is valid for the transport from the departure airport through the route noted on the ticket to the destination airport and for the transport of applicable grades. Only when the conditions of Clause “B” are honored and within the period as stipulated in Clause “C” shall it remain valid. Each boarding coupon is valid for flights where seats have been booked. If the coupon was issued without seats being booked, booking may be done only when there are remaining seats at the time of the request for booking. The place and date of issuance are marked on the flight ticket.

B. The booking class and the passenger name record on the boarding coupon: The booking class on the PNR must match. If the aforementioned booking class differs, the passenger may be denied boarding. If the determined balance is paid, boarding may be allowed.

C. The valid period of flight tickets issued at a regular fare shall be one year from the day on which the booking for the flight ticket is generated, if the ticket has not been partially used. However, for flight tickets with an e-ticket, the valid period for the e-ticket shall take precedence. Flight tickets issued at a fare that comes with a valid period that is shorter than the aforementioned valid period or flight tickets that include such fares shall have the shorter valid period for the current year apply to the transport where the current year’s fare is applied.

D. The valid period of MCO/EMD is one year following the date of issuance. Unless the MCO/EMD is presented within one year of the issuance date, it cannot be exchanged for a flight ticket.

E. Flight tickets become invalid at 24:00 of the expiration date. Unless otherwise specified in the rules for the applicable terms and conditions for transport, the journey on the final leg using the final boarding coupon of the flight ticket must be presented before 24:00 of the expiration date. In such a case, travel can continue beyond the expiration date.

F. Flight tickets or MCO/EMDs that have expired shall be refunded in accordance with Article 11.

3. Extension of the valid period of flight tickets

A. The above Clause 2 notwithstanding, the valid period of flight tickets may be extended as follows at no additional cost.

 1) Up to 30 days past the expiration date in the following cases
  A) Air Premia cancelled or delayed a flight on which a passenger’s seat had been confirmed, during the valid period of the current year
  B) Air Premia did not operate a flight to the designated point that is a departure point, destination or layover point.
  C) Air Premia did not operate normally according to the flight schedule
  D) Due to the circumstances of Air Premia, the passenger was unable to board a connecting flight.
  E) Air Premia was unable to provide a seat for which the passenger had confirmed.

B. Suspension of a journey due to illnessUnless otherwise stipulated in the applicable tariff, if a passenger is unable to complete his trip after departing during the valid period of the flight ticket due to illness other than pregnancy, Air Premia shall extend the valid period of the flight ticket until the day on which a trip can be made based on a doctor’s diagnosis or until the first flight that is available at the fare class that the passenger has paid for among the flights that depart the final connecting point or the point at which the trip resumes. Air Premia shall also extend the valid period of the flight tickets of accompanying family members of the patient.

C. In the case that a passenger dies during his trip, the valid period of the flight ticket of accompanying family members may be extended up to 45 days from the day of death.

D. In the case of flight tickets that were sold at a special fare including minimum stay requirements, the minimum stay requirements for the family members of the passenger who died on the trip shall be waived upon the submission of an original copy or reproduced copy of a death certificate.

E. If a passenger with a flight ticket on a special fare who has the minimum stay requirements applied wishes to start the return journey before the minimum stay requirement has been met due to a death of a family member who had not accompanied the passenger on his trip, but the passenger is unable to present an original or reproduced copy of the death certificate, the passenger may submit the death certificate at a later point in time to be refunded the extra charges he had paid to take the return flight earlier than the day on which the minimum stay was fulfilled.

 Note) The same rules shall apply to the family members who accompanied the passenger on the trip.

F. The scope of family as per the above Clauses “B” to “E: is defined as follows. Scope of family: Spouse, children, siblings, parents, grandparents, grandchildren, parents of the spouse, spouse of siblings, siblings of the spouse, spouse of one’s spouse’s siblings, son-in-law, daughter-in-law, sister-in-law and brother-in-law.

4. The order in which boarding coupons are used and presentation of flight tickets

A. Flight tickets are valid for the itinerary marked on the flight tickets. Therefore, the boarding coupons(or electronic coupons in the case of electronic flight tickets) must be appropriately used in accordance with what is marked on the passenger’s coupon regarding the layover point and destination that was agreed upon. The fare paid by the passenger is based on the applicable tariff of Air Premia and is used for the transport marked on the flight ticket. It forms an essential part of the transport contract between the passenger and Air Premia. If the passenger does not use the boarding coupons in the order marked on the flight ticket, Air Premia shall reject the reception of such flight tickets, and the tickets shall be refunded or annulled.

B. If the passenger wishes to change his itinerary, there must be prior consultation with Air Premia. The passenger may choose either to pay the newly calculated fare for the new itinerary, or to travel as per the original itinerary marked on the flight ticket.

C. If the passenger changes the itinerary without prior agreement with Air Premia, the fare applied to the actual trip shall be charged. The passenger shall pay Air Premia the balance between the fare he has already paid and the total fare applied to the changed itinerary. If the newly applied fare is lower than the original fare, Air Premia shall refund the balance.

D. Changing the destination(for example, if the passenger does not travel on the first leg) or changing the direction of the itinerary may cause a rise in the fare. The fare that the passenger has paid for is valid for the specific date and flight marked on the flight ticket. Depending on the situation, a change may not be possible or only possible by paying a surcharge.

E. On the journey, the passenger must carry the passenger coupons and all unused boarding coupons on their person, and present the flight ticket and hand over the relevant coupon upon the request of the carrier. If the ticket is not an e-ticket, the passenger must present a valid flight ticket including the boarding coupon and all other unused boarding coupons and passenger coupons. If the passenger is unable to present them the carrier shall not transport the passenger. In addition, the carrier shall refuse to transport the passenger if the flight ticket presented has been damaged or has undergone unauthorized change. In the case of e-tickets, the passenger must present a valid ID and a valid e-ticket legitimately issued under his own name. Otherwise the carrier shall refuse to transport the passenger.

5. Non-transferability of the flight tickets

Flight tickets shall be prohibited from being transferred to another individual. If a flight ticket is presented by those other than the individual with the rights to be offered transport or a refund, Air Premia shall not bear the liability towards the individual with the right to be offered transport or refund for the transport or refund that had been offered to the other person. In the case that a flight ticket has been used by someone other than the individual to whom the flight ticket was issued, regardless of whether the legitimate recipient of the ticket had been aware or had given consent to such, Air Premia shall not bear the liability for the death or injury of the illegitimate passenger, the damage, loss or delay of their baggage that result from such illegitimate use of the flight ticket.

Article 4 Stopovers

1. Permission of stopovers

A. Unless prohibited by the tariff of the carrier or a request by a government, stopovers during the valid period of a flight ticket that had been issued at a regular fare shall be allowed at points scheduled for landing.

B.Stopovers of passengers issued at a special fare shall be done in accordance with the restrictions, prohibitions or additional fees stipulated in the Air Premia tariff.

2. Preparations for stopovers

Stopovers must be indicated on the flight ticket based on the prior agreement with the carrier.

Article 5 Fares, fees and routes

1. Applicable fares and fees

A. Unless otherwise stipulated in these terms and conditions or applicable tariffs, the applicable fares and fees shall be those valid as of the day on which the payment has been made to the airline for a journey on the specific date and route marked on the flight ticket and appropriately notified by Air Premia. In the case that the fares and fees received differ from the aforementioned applicable fares or fees, the balance shall be invoiced or refunded. If the itinerary is changed upon the passenger’s request, the valid fares and fees for the changed itinerary shall be re-calculated.

B. Applicable fares apply only from the departure airport to the destination airport. For road transport within the airport premises, between airports or from the airport to downtown, additional fares shall be charged. However, an exception shall be made if it is noted that road transport shall be carried out without additional charges, under the applicable tariff.

C. Unless otherwise stipulated in the applicable tariff, the direct flight fare noted in the applicable fare shall be applied as a priority, before the fare calculated by adding the fares for legs of same points and in same class.

D. Unless otherwise stated in the applicable tariff, the fare noted in the applicable tariff is for one seat in the class where the fare is applied. If two seats are booked in advance, twice the applicable fare shall be charged.

2. Calculation of unpublished fares

If the fare for a route between two points is not published, the fare shall be calculated in accordance with the applicable tariff.

3. Routes

Unless otherwise stated in the applicable tariff, fares apply to only routes that were published in association with the roundtrip fares. If there are two or more routes that can be traveled for the same fare, the passenger may designate the route before the ticket is issued. For legs that are not booked on the flight, the passenger may designate the desired route. If the route is not specifically designated, Air Premia may determine the route.

4. Payment currency and applicable exchange rates

A. Payment currency

The payment of fares and fees may be made in a currency other than the currency used to denominate the fares and fees, if doing so does not violate the Foreign Exchange Act or government regulations and if Air Premia can still receive the payment.

B. Applicable exchange rates

The exchange rates applied to the fares or fees shall be those determined by Air Premia unless otherwise stipulated in government regulations, relevant laws or applicable tariffs.

5. Taxes, usage fees and other fees

Taxes, usage fees and other fees charged by the government authorities or airport operators to the passenger shall be added to the final charge. The same shall apply to service fees or usage fees that Air Premia charges its passengers or fees that occur as a result of changes made. If new taxes, usage fees or other fees are charged after ticketing, the passenger shall bear the liability for their payment.

Article 6 Change of itinerary, non-implementation of transport and inability to make it onto connecting flights

1. Itinerary changes upon the passenger’s request

A. In the following cases, Air Premia shall make the changes by either issuing a new flight ticket or signing it off, to accommodate changes of routes(excluding the departure point), carrier, cabin class, destination, fares or valid period marked on the unused flight ticket, boarding coupon or MCO/EMD.

 1) If Air Premia initially issued the flight ticket or MCO/EMD
 2) If Air Premia received approval from the carrier with the rights to execute such change in writing or electronic communication

B. If the applicable fares or fees change as a result of changing the itinerary, the new fares and fees shall be calculated in accordance with the applicable tariff.

C. The expiration date of the valid period for the new flight ticket issued due to an itinerary change shall have the original valid period of the initial flight ticket or MCO/EMD applied.

2. Route changes due to circumstances of Air Premia

A. If Air Premia cancels a flight, is unable to normally operate a flight according to schedule, cannot fly to the destination or stopover point marked on the passenger’s flight ticket, cannot offer the seat that had been confirmed, or if the passenger has been denied transport under Article 8 Clause 1, Air Premia shall take one of the following measures.

 1) The passenger is transported via another flight of Air Premia where a seat is available.
 2) The unused portion of the flight ticket is handed over to another airline or another transport institution to change the route
 3) The passenger is transported via a transport mode of Air Premia or another transport institution to the destination or stopover point marked on the flight ticket or valid coupon via a different route,
 4) A refund is offered in accordance with Article 11 Clause 4.

B. If the passenger is unable to take a connecting flight on which he had a booked seat because the carrier did not operate according to schedule or changed the operating time of the flight, the carrier that had transported the passenger shall take the necessary measures for the transport of the passenger. In such a case, Air Premia shall not bear liability for the inability to make it onto connecting flights.

C. Passengers whose routes have been changed due to the circumstances of Air Premia shall have the same free baggage allowance for the initially paid fare applied.

Article 7 Booking

1. General Provisions

Flight tickets are only valid for the leg marked on the flights for which a seat has been booked, or on the boarding coupon. Passengers who do not have a booked seat on their unused flight ticket or coupon but who wish to change the booking marked on the ticket or coupon shall not be given priority rights for booking confirmation.

2. Terms and conditions of booking

A. The booking of seats on specific flights is valid when it is verified by Air Premia and the confirmed seat records are reflected onto the booking system of Air Premia. If a passenger has not purchased a flight ticket for a booked seat by the deadline designated by Air Premia, Air Premia may cancel the booking without prior notice.

B. Air Premia does not guarantee the assignment of specific seats in the cabin.

3. Confirmation of booking

A. Confirmation may be needed for the booking of ongoing legs or the return flight. If a confirmation of the booking is needed, Air Premia shall notify the passenger of the deadline, method and place of confirmation. If the passenger does not confirm his booking, the ongoing legs or return flight may be cancelled. If a passenger wishes to continue his journey and if there is a seat available on the flight, Air Premia shall re-use the existing booking for transport. If there are no seats available, Air Premia shall take reasonable measures to transport the passenger to the next or final destination.

B. If transport by another carrier is included, it is up to the passenger to check with the other carrier whether confirmation of the booking is needed. If confirmation of the booking is needed, the passenger shall make the confirmation by contacting the airline designated as the carrier.

4. Telecommunication expenses

Telecommunication expenses including collect calls, fax or telegrams that Air Premia had paid for upon the special request of a passenger regarding booking shall be borne by the passenger.

5. Cancellation of booking

If a passenger did not use a booked seat, Air Premia may cancel all bookings for ongoing journeys and return flights.

6. Passenger’s arrival at the airport

Passengers must arrive by the time designated by Air Premia at the airport check-in counter or other departure point with plenty of time for check-in before the flight’s departure if no specific time was designated. If a passenger has not arrived at the airport or other departure point by a designated time or is missing travel documents that make it impossible to make the trip, Air Premia may cancel the booked seat. The departure time of flights cannot be delayed for passengers who arrive at the airport or other departure point too late that they cannot check-in before the flight’s departure. Air Premia shall not bear any liability for the losses or expenses incurred as a result of the passenger violating these rules.

7. Personal data

The passenger or his agent shall provide the passenger’s personal data(name, contact information, payment information) to Air Premia upon request for the purposes of flight booking, flight purchases, other services or immigration inspection. If Air Premia deems such personal data necessary for the above purposes, it may forward the data to Air Premia branches, other airlines, partner companies or service providers. In addition, if it is required by government bodies or authorities of the departure country, layover country or destination country, such data may be forward to such organizations.

Article 8 Restrictions to transport

1. Rejection of transport or cancellation of booking

A. Air Premia may list specific passengers on a no-fly list and deny them transport. If such individuals are notified in writing, Air Premia reserves the right to deny the transport of such passengers and their baggage based on the company’s reasonable judgment.

B. If the number of passengers that can board is limited due to the fault of Air Premia, Air Premia may encourage passengers to voluntarily waive their boarding. The above notwithstanding, if there are no volunteers to waive their boarding and certain passengers are asked to waive their boarding against their will, Air Premia shall select those who will waive their boarding in the order as designated by the company, starting with the airline employees who are not essential to safe operation of the aircraft and passengers whose booking is not confirmed. However, in such a case, passengers traveling with infants, disabled passengers or pregnant passengers shall not be selected to waive their boarding.

C. If the allowed capacity of the aircraft has been reduced due to causes that are not the fault of Air Premia nor that could have been foreseen by Air Premia, Air Premia may select a minimum number of passengers to disembark or items to unload from the aircraft to meet the capacity. However, in such a case, Air Premia shall select those who will waive their boarding in the following order: Airline employees who do not handle tasks directly related to the operation of the aircraft, passengers whose booking is not confirmed, and passengers whose booking is confirmed. However, passengers who are considered vulnerable or as requiring special assistance, including unaccompanied minors, disabled individuals, pregnant women or those with illnesses, shall not be selected to waive their boarding.

D. In the following cases, Air Premia may take reasonably necessary measures including physical deterrence to deny or cancel the transport of the passenger or to stop the following acts. Such passengers may be asked to deplane at a certain point on the route or be denied their ongoing journey, and may be sued for their acts on board.

 1) When the individual did not follow the instructions or requests of Air Premia or government authorities for the safety of the life and property of passengers.
 2) When such measures are deemed necessary to abide by the applicable laws, rules or orders of the government
 3) When the transport of a certain passenger or their baggage may have materially negative impact on the safety of other passengers or flight attendants or their wellbeing
 4) When the individual has shown threatening behavior, aggressive behavior, acts of cursing or insults or commotion caused during check-in including ticketing
 5) When the mental or physical state of the passenger is deemed to pose a risk to his own self, other passengers, flight attendants or their property, including damage caused by alcohol or other substances.
 6) When it is anticipated that the pet(excluding guide dogs for disabled people) will continuously cause noise such as through barking, disrupting the comfort of other passengers during the trip
 7) When the passenger has undermined the safe operation of an aircraft before or caused discomfort to other passengers and there is a likelihood of such a situation recurring
 8) When the passenger is unable to present an ID or refuses to present their ID when requested by Air Premia for the latter to confirm that the individual matches the passenger on the ticket
 9) When the passenger refuses to undergo a security search of his body or his belongings
 10) When the passenger has destroyed, doctored, or changed travel documents to attempt entry into a destination country or a stopover country for which he does not have the required documents. Or, the passenger refused to submit travel documents requested by Air Premia for record-keeping, in exchange for a verification ticket
 11) When the passenger presented a flight ticket that was acquired illegally or purchased from someone who is not Air Premia or its branch office, or that was reported as lost or stolen

E.For passengers who have been denied boarding or asked to deplane mid-journey against their will for reasons stipulated in the above “A” to “D,” Air Premia shall determine whether to offer a refund for the unused portion of the flight ticket under Article 11 Clause 4 and Clause 5.

2. Conditional transports

A. Passengers who may pose a risk to themselves or others due to their identity, age or mental or physical status shall be transported in accordance with the applicable tariff and rules of Air Premia on the condition that they submit a written document that holds Air Premia exempt from the liability associated with death, illness, disability, or worsened health or the subsequent results of such due to their identity, age, or mental or physical status.

B. Transport of passengers requiring special assistance, or unaccompanied minors, disabled individuals, pregnant women or those with illnesses can only be carried out if there has been prior agreement with Air Premia on the necessary measures in accordance with the rules of Air Premia. If a passenger notified Air Premia of their disability and special requests associated with their transport and is granted approval for transport, unless there are changes to the passenger’s condition, transport shall not be refused on the grounds of disability or special requests.

3. Transport of unaccompanied infants or children

A. Infants and children under the age of 5 shall not be allowed to be transported unless accompanied by a guardian aged 18 or older.

B. Children over the age of 5 but under the age of 12 must be accompanied by a passenger that is at least 18 years old in the same cabin class. However, their transport is possible if the following conditions are met and advance agreement was made with Air Premia.

 1) A pledge to ensure the following and hold Air Premia exempt from any incidents that may occur during the journey must be submitted: The child’s parent, guardian or an adult who can be responsible for the child must accompany the child to the departure airport and stay with him until boarding. When deplaning at a stopover point or at the destination airport, the child must be protected by his parent or adult guardian.
 2) Additional conditions and fare rules set by Air Premia must also be observed. A service surcharge shall be added in the case of a unaccompanied minors.
 3) Passengers must abide by the rules concerning the entry documents and procedures of all relevant countries. Air Premia shall not be responsible for any losses or expenses incurred as a result of the passengers not abiding by such rules.

4. In-flight behavior

A. In the following cases, Air Premia may take reasonably necessary measures including physical deterrence to stop the following acts by a passenger. Such passengers may be asked to deplane at a certain point on the route or be denied their ongoing journey, and may be sued for their actions on board.

 1) The passenger poses risks to the aircraft, other passengers or property on board
 2) The passenger refuses to follow the instructions and requests by the flight attendants regarding illegal acts on board as follows

  ① Rambunctious behavior, shouting, verbal insults
  ② Smoking
  ③ Acts that cause harm to other passengers while under the influence of alcohol or other substances
  ④ Acts that cause sexual embarrassment to others
  ⑤ Use of electronic devices in violation of Article 61.2 of the Air Travel Act
  ⑥ Attempts to enter the cockpit without authorization from the pilot
  ⑦ Interrupting the work of the pilot through force or threats
  ⑧ Other acts deemed by the pilot or flight attendants to be disruptive to the safe operation of the aircraft

 3) Acts that cause anxiety, discomfort, loss or injury to other passengers or flight attendants and/or pose safety risks

B. For losses incurred as a result of acts referred to in the above Clause “A,” the passenger shall bear liability of damages.

5. Electronic devices

Air Premia may prohibit or restrict the use of electronic devices that may affect the safe operation of the aircraft (including but not limited to mobile phones, tablets, televisions, computers, recorders, radios, CD players, electronic gaming devices, electronic control toys and transmitters).

Article 9 Baggage

1. General Provisions

A. The transport of baggage shall be carried out under the terms and conditions for transport and other applicable tariffs in place as of the day on which the trip starts with the initial boarding coupon of the flight ticket. However, if there are a separate set of rules for the country concerned, such rules shall take precedence.

B.Passengers are prohibited from including in the baggage items that may pose a risk to the aircraft or to the life or property of passengers, fragile items that may break during transport, items that are not appropriately packaged or items prohibited under law, rules or orders in the departure country, stopover country or destination country. If Air Premia deems that the weight, size or nature of the baggage makes it inappropriate for transport via aircraft, it may refuse its transport either partially or in its entirety, before departure or during the transport.

C. If a passenger has not paid the full fare using the payment methods designated by Air Premia or in accordance with the conditions for credit transactions, Air Premia may deny the transport of baggage.

2. Transport of checked-in baggage

A. Passengers are prohibited from checking in their baggage for legs on which Air Premia cannot offer baggage check-in services. No clause in these terms and conditions for transport recognize the rights to make such a request for baggage check-in.

B.When receiving baggage to be checked in, Air Premia shall enter the number of pieces and weight of the checked-in baggage and issue a baggage ticket for identification of each piece of baggage. The baggage ticket shall be handed over to the passenger.

C. Air Premia shall only receive baggage that is in the form of a suitcase or that is packaged appropriately in a similar container for it to be transported safely in accordance with the regular baggage handling methods. Personal electronics such as laptop computers, mobile phones, cameras, video recorders or MP 3 players, fragile items such as data storage devices, items that are prone to spoilage, currency, precious stones, jewelry, securities, pharmaceutical products, identification document, keys, artwork, antiques or other valuables, explosives, documents or samples shall not be accepted as checked-in baggage.

D. If the passenger checks in his baggage after the cut-off time that had been set by Air Premia, Air Premia may refuse to accept the baggage for check-in.

E. In principle, the checked-in baggage of a passenger shall be transported to the flight that the passenger will board. However, if it is impossible to transport the checked-in baggage on the same flight as the passenger due to security reasons or other reasons, Air Premia shall transport it via another flight that is the closest to the original flight in time.

F. In principle, Air Premia shall only accept baggage of the passenger whose name is listed on the flight ticket, and may reject the boarding and transport of baggage that a third party has asked the passenger to transport on their behalf. Air Premia may claim damages for all losses incurred, from the individual who asked the passenger to transport their baggage on their behalf, and the actual passenger.

3. Free checked-in baggage allowance

A. If departing from or arriving in the Americas

 1) For passengers who have paid an adult premium economy fare, the free baggage allowance is two pieces, with each piece weighing 32 kilograms (71 pounds) or less, and the sum of the length of the three sides of each piece being 158 cm or less.
 2) For passengers who have paid an adult economy fare, the free baggage allowance is two pieces, with each piece weighing 23 kilograms (51 pounds) or less, and the sum of the length of the three sides of each piece being 158 cm or less.
 3) For adult passengers who have paid a special or event fare, or infants who have paid a child fare, the free baggage allowance is one piece, weighing 23 kilograms (51 pounds) or less, and the sum of the length of the three sides of the piece being 158 cm or less.

B. If departing from or arriving in regions other than the Americas

 1) For passengers who have paid an adult premium economy fare, the free baggage allowance is one piece, weighing 32 kilograms (71 pounds) or less, and the sum of the length of the three sides of each piece being 158 cm or less.
 2) For passengers who have paid an adult economy fare, the free baggage allowance is one piece, weighing 23 kilograms (51 pounds) or less, and the sum of the length of the three sides being 158 cm or less.
 3) For adult passengers who have paid a special or event fare, or infants who have paid a child fare, the free baggage allowance is one piece, weighing 15 kilograms (33 pounds) or less, and the sum of the length of the three sides being 158 cm or less.

C. The checked-in baggage allowance for children or infants for whom a children’s fare has been paid is the same as the allowance for passengers who have paid an adult fare.

D. For infants who do not take up seats, the free checked-in baggage allowance is one piece, weighing 10 kilograms (22 pounds) or less, and the sum of the length of the three sides being 115 cm or less. In addition, one piece of checked-in or carry-on baggage that is a completely foldable stroller, a bassinet or infant car seat shall be allowed.

E. In the case of passengers with mobility issues, one wheelchair or other assisting device may be checked in for free, in addition to the above regular baggage allowance.

F.Free baggage allowance varies according to the fare class and leg of the itinerary. The size, weight or items of the checked-in baggage may be restricted for security or safety reasons.

G. If the passenger’s itinerary is made up of multiple legs

 1) The free baggage allowance applicable to the class of each leg for which a fare has been paid, shall apply.
 2) If the passenger travels in a higher class than the fare paid, the free baggage allowance that was given initially at the time of paying the fare shall apply.
 3) If the passenger travels in a lower class than the fare paid due to the circumstances of Air Premia, the free baggage allowance that was given initially at the time of paying the fare shall apply.
 4) If there is an ongoing journey connecting with the flights to or from the Americas operated by Air Premia, the free baggage allowance for the American route shall apply. The excess baggage fees shall have the rate for the ongoing journey’s route applied.

4. Excess baggage fees

A. In the event that free checked-in baggage allowance is exceeded, excess baggage fees shall be paid in accordance with the rules and procedures of Air Premia that are valid at the time of payment.

B. Golf equipment or ski/snow equipment may be transported without a surcharge if the sum with one regular suitcase is within the free checked-in baggage allowance and the sum of the length of the three sides of the equipment are within 292 centimeters. Other sports equipment shall have the same rules as regular baggage applied.However, in the case of sports equipment such as skis, snow boards, surfboards, wind surfing equipment, scuba diving equipment or bicycles, a fee set by Air Premia regardless of the free checked-in baggage allowance may be charged.

C. The passenger may pay the excess baggage fees for the entire itinerary from the departure point to the stopover and to the destination(including for legs where the baggage is not checked in), or for the leg from the departure point to the next stopover or destination. If the payment was made for the leg to the stopover point, the passenger may pay excess baggage fees when the trip resumes, for the leg from the stopover point to the next stopover point or final destination. If the excess baggage fees were paid for the legs to the destination and the excess baggage ticket was issued but baggage increased during the journey, Air Premia shall charge fees for the increased baggage either to the stopover point or the final destination, whichever is preferred by the passenger, and issue another excess baggage ticket.

D. If a passenger has not paid the full fare using the payment methods designated by Air Premia or in accordance with the conditions for credit transactions, Air Premia may deny the transport of checked-in baggage.

E. If the passenger changes or cancels the itinerary, the rules applied to charging of additional fares or their refund shall also apply to the payment and refund of excess baggage fees.

5. Hand-over of checked-in baggage

A.Upon arrival at the final destination or stopover point, the passenger must claim his checked-in baggage.

B. Air Premia shall consider the individual with the baggage ticket as the legitimate rights holder and hand over the baggage to the individual. In such a case, Air Premia shall not have the obligation to verify whether the individual presenting the baggage ticket is the legitimate holder of such a ticket, and any direct or indirect losses incurred as a result of such non-verification shall not be the liability of Air Premia. Except for cases presented in the following Clause “D,” checked-in baggage shall be handed over at the final destination marked on the baggage ticket.

C. If an individual that does not meet the criteria presented in “B” claims the baggage, it shall only be delivered in cases where the individual sufficiently proves that he is the legitimate right holder and can guarantee that he will hold Air Premia exempt from and pay damages for any losses that may incur as a result of such delivery of baggage.

D. If the holder of a baggage ticket claims baggage at the departure point or stopover point, it may be handed over to the passenger without a refund for the baggage fees already paid within the scope of abiding by government regulations in line with the above “B.”

E. If the baggage ticket holder has claimed the baggage without a written objection, the baggage shall be considered to have been handed over in accordance with the transport contract, in a decent state.

6. Carry-on baggage

A. Independent of the free checked-in baggage allowance, belongings whose sum of the three sides is 115 centimeters (with the maximum width 55 centimeters, maximum length 40 centimeters and maximum height 20 centimeters) shall be transported for free on the condition that the passenger shall place it in the overhead bin or under the seat in front of them and bear the liability for its storage. The free carry-on baggage allowance for each class is as follows: Two pieces of baggage, each being 10 kg or less for Premium Economy seats. One piece of baggage that is 10 kg or less for Economy seats.

B.In addition to the baggage referred to in the above “A,” one piece of the following items may be brought into the cabin.

 1) One handbag, purse or small briefcase
 2) Small quantity of reading materials
 3) Coat, cover or blanket
 4) Infant’s food to be used during the flight
 5) Completely foldable wheelchair, crutches or prosthetic legs used by a passenger with physical disabilities
 6) A small camera and binoculars
 7) An umbrella or cane with a blunt end
 8) Infant’s bassinet or cradle
 9) Small stroller that can be folded into a straight line
 10) A laptop computer and its carrier bag

C.Carry-on baggage may be restricted due to the space restraints on the aircraft, the rules of the departure or destination country, or circumstances at the airport.

D.Musical instruments or valuables that would be inappropriate to be transported as checked-in baggage may be transported as baggage to which a separate seat is assigned. Baggage that is assigned a separate seat must be applied for and receive approval at the time of booking. An additional fee shall be charged in accordance with the occupation of the seat on board.

E. Other items prohibited by Air Premia to be brought inside the cabin may be restricted for safety reasons.

7. Items that are not accepted as baggage

If Air Premia deems that the weight, size or nature of the baggage makes it inappropriate for transport via aircraft, it may refuse its transport either partially or in its entirety, before departure or during the transport. The following items are prohibited from being included in baggage.

A. Hazardous items as defined by the ICAO(International Civil Aviation Organization) and IATA(International Air Transport Association)

B. Items that may pose a risk to the aircraft, passengers or property

C. Items that are prohibited from being imported or exported by the laws, rules and orders of the departure country, stopover country or destination country

D. Fragile items that may break during transport

E. Items that are not packaged appropriately to prevent damage or loss

F. Items listed in the above Clause 2 “C”

8. Security search of baggage

For reasons of safety and security, Air Premia may search the contents of the passenger’s baggage in their presence. For baggage whose owner cannot be identified or baggage left unattended, Air Premia reserves the right to open and search regardless of the passenger’s presence. However, Air Premia does not have the obligation to check all baggage, and waiving of such rights for search shall not be interpreted as meaning that Air Premia will transport items that would be rejected under the terms and conditions for transport and other rules.

9. Valuation charge

Air Premia does not apply valuation charges. Transportation service may be rejected on customers who wish to report valuation charge.

10. Pets

A. Pets including dogs, birds or cats may be transported as carry-on or checked-in baggage if the appropriate customs documents required by the departure country, arrival country and stopover country are prepared and the pets are in an appropriate carrier. The transport of pets may be restricted based on their age or state. Detailed restrictions shall apply in accordance with the rules and procedures of Air Premia. Passengers must make prior applications for the transport of their pets and acquire approval from Air Premia.

B. The transport of pets may be restricted based on their age or state, the structure of the aircraft or the travel duration.

C. Pets are not included in the free baggage allowance and therefore excess baggage fees shall be charged in accordance with Air Premia’s policies.

D. In principle, guide dogs accompanying those with visual or audio impairments shall be transported for free, independent of the free baggage allowance.

E. Request for the transport of pets shall only be accepted if the passenger signs a pledge that he will hold Air Premia exempt from any liability regarding the death, injury or loss of the pet that may occur during transport.

F. It is the passenger’s responsibility to address passport control or immigration procedures for the pet, including going through the customs and quarantine system of the departure country, destination country or stopover country. Any expenses or penalties incurred by the passenger or the airline during this process shall be borne by the passenger.

Article 10 Delay or cancellation of flight schedules

1. Schedules

The times marked on the timetable or other materials are only scheduled times and thus may change due to situations beyond the control of Air Premia. As such, the flight times are not guaranteed and do not constitute a part of the transport contract with the airline. Flight schedules may change without notice. Air Premia shall not bear any liability for flight connections. Air Premia shall not bear any liability for the errors or missing information in the timetable or other printed materials.

2. Cancel

A. Air Premia reserves the right to change and replace a carrier or aircraft without notice.

B.Air Premia may cancel, suspend, change or delay the flight, subsequent transport rights or booking without notice in the following cases, and may also determine whether to take off or land. In such a case, Air Premia shall not bear any liability other than that of refunding the fares and fees for the unused portion of the flight tickets in accordance with these terms and conditions for transport. However, an exception shall be made in the case of a deliberate act or negligence.

 1) Situations that are ongoing, are at the risk of occurring, or that have been reported to have occurred which are beyond the control of the carrier (e.g. weather conditions, natural disasters, Force Majeure events, labor disputes or strikes, riots, ban on departures or arrivals, acts of war or geopolitical instability.) Or, delays, requests, conditional situations or instructions caused directly or indirectly by the aforementioned circumstances
 2) Circumstances that had not been forecast or anticipated
 3) Rules, orders, requirements or instructions by a government
 4) Shortage of labor, fuel or equipment, or issues with human resources of Air Premia or another company. However, in the case of cancellations or delays in transport caused by a deliberate act or negligence of Air Premia, Air Premia shall pay damages in accordance with the relevant terms and conditions for transport, tariff and law.

C. If the passenger refuses to pay the fare requested by Air Premia, either partially or in entirety, or refuses to pay the fees for his baggage, Air Premia may cancel the transport ticket or subsequent tickets of the passenger and his baggage. In such a case, Air Premia shall not bear any liability other than that of refunding the fares and fees for the unused portion of the flight tickets in accordance with these terms and conditions for transport.

3. Extended ground delays at U.S. airports

A. For flights that depart from or arrive in U.S.A. that are operated by Air Premia, certain emergency measures are taken at U.S. airports in case of an extended delay in accordance with Implementation Rule 14 C.F.R.§ 259.4 of the U.S. Department of Transportation.

Article 11 Refunds

1. General Provisions

Refunds by Air Premia for unused flight tickets, difference in fares, or for coupons or MCO/EMD shall be done under the following conditions in cases other than stipulated in Clause 6.

A. The request for refund must be made within the valid period of the flight ticket or MCO/EMD. If the flight ticket has not been used at all, the request for refund must be made within one year of the initial booking. However, in the case of MCO/EMD, its valid period shall take precedence.

B. Individuals requesting a refund must present their booking confirmation for the flight ticket or all boarding coupons or MCO/EMD for the unused portion of the flight ticket to Air Premia.

C. Except for the following cases, refunds shall be made to the individual whose name is marked on the flight ticket or MCO/EMD as the passenger.

 1) If the flight ticket or MCO/EMD is issued in accordance with the following, the refund shall be made as follows.
  A) If issued under the Universal Air Travel Plan : or “UATP”). The refund shall be made into the account of the individual whose name is listed on the Air Travel Card),
  B) If issued under a Government Transportation Request : or “GTR”), the refund shall be made to the government body that issued the GTR,
  C) If the flight was paid by credit card, the refund shall be made into the account of the credit card holder,
 2)If the purchaser designates the individual to whom the refund should be made, the refund shall be made to that designated individual.
 3)When requesting for a refund, if sufficient evidence is submitted that a specific company, on behalf of the employee, had purchased the flight ticket or MCO/EMD, or the branch office had made the refund to its customer, Air Premia shall make a direct refund to the employee’s company or the branch office.

D. Refunds made to the individual whose name is listed on the documents submitted to process the refund, a designated individual or a representative of a company or branch office are considered valid refunds. Air Premia shall not be liable to make another refund to the genuine rights holder after the fact.

E. Air Premia may deny refunds if the passenger is unable to sufficiently prove that he had received approval for stay in the country or that he will leave the country via transport by another carrier or other means, if the refund request is made on flight tickets that had been submitted to government bodies or Air Premia to prove their intention to depart the country.

2. Currency

Refunds shall be made in accordance with the laws, rules and orders of the country in which the flight ticket or MCO/EMD was initially purchased or refunded. In accordance with the above rules, refunds shall be made in the currency used for the payment of the fare, the legal currency of the country in which the refund is processed, or the currency of the country in which the flight ticket or MCO/EMD was purchased, for the equal value that was initially charged. However, the above clause notwithstanding, if a request for refund is made in Korea, the refund shall be made in Korean won in principle.

3. Refund process

Air Premia shall process refunds through its branch offices or sales offices. To request a refund, the passenger must fill out a form for request of refund, as designated by Air Premia.

4. Refunds due to circumstances of Air Premia

A. “Refunds due to circumstances of Air Premia” refers to refunds made in cases where the passenger is not offered the transport listed on their flight ticket due to cancellation of the flight, unavailability of booked seats due to circumstances of Air Premia, delays in the flight, omission of the scheduled stopover or rejection of transport for reasons listed from Clause “A” to Clause “D” of Article 8 Clause 1. However, The reason for force majeure in Article 1, Paragraph 38 shall not be considered a refund due to Air Premia circumstances.

B. The value refunded in cases due to circumstances of Air Premia shall be calculated as follows.

 1) Full fare that had been paid if no portion of the flight ticket has been used
 2) If a portion of the flight ticket was used, the following methods will be used for calculation. The highest value among the following shall be the refund amount
  A) One-way fare for the unused leg from the point where transport stopped to the listed destination or stopover or the point where transport will resume (in the case of roundtrip or around-the-globe trip fares, half of the roundtrip fare or equivalent. If a discount was applied to the initial calculation of the fare, the amount after deducting the applied discount) or
  B) The difference between the paid fare and the fare for the transported leg

5. Refunds due to circumstances of the passenger

A. “Refunds due to circumstances of the passenger” refers to refunds made on flight tickets other than “refunds due to circumstances of Air Premia” as per Clause “A” or rejection of transport or refunds on MCO/EMD in accordance with the conditions of Clause “D” of Article 8 Clause 1.

B.The value refunded in cases due to circumstances of the passenger shall be as follows.

 1) If no portion of the flight ticket has been used, the fare paid after deducting applicable service fees, refund penalties or booking cancellation fees
 2) If a portion of the flight ticket was used, the difference between the total fare paid and the fare applicable to the portion used, after deducting applicable service fees, refund penalties or booking cancellation fees

C. The value to be refunded in cases where a portion of the flight ticket is refunded leading to the passenger having used a leg on which the transport was prohibited, it shall be assumed for the purposes of the refund that the flight ticket was used for the leg that does not violate the operation rights of Air Premia, with the final refund value being determined in accordance with the above Clause “B” 2).

6. Refund penalty

A. In principle, a refund penalty shall be charged on refunds that meet the criteria of Article 11 Clause 1, Clause 2, Clause 3 or Clause 5. The amount of the penalty shall be determined by Air Premia in separate rules based on the route, type of ticket and timing of the cancellation of booking.However, an exception shall be made in the following cases.

 1) The refund is made not due to circumstances of the passenger
 2) The ticket was offered for free to the customer by the airline
 3) The payment method was changed

B. Refunds shall be made in accordance with the refund rules valid as of the time of the initial booking of the flight ticket. However, refund rules valid based on different criteria may be applied if an advance notice was given by Air Premia.

Article 12 Advance cancellation of confirmed tickets and no-show penalty

1. Advance cancellation

Passengers who do not wish to board a confirmed flight due to circumstances of their own shall notify a cancellation of confirmed tickets before the departure of the flight by contacting the branch office or sales office of Air Premia.

2. No-show penalty

A. "No-show penalty” refers to fees charged if a passenger of a confirmed flight does not board the flight without notifying the airline of their cancellation of the booking as per the above Clause 1.

B. If advance cancellation is not made in cases where the passenger is unable to board due to circumstances of his own, both the refund penalty and the now-show penalty shall be charged.

Article 13 Ground transport services

Unless otherwise stated in the applicable tariff, Air Premia shall not own, operate or offer ground transport on the airport premises, between airports or between the airport and downtown. Except for cases where a ground transport method is directly operated by Air Premia, it shall be deemed that such ground transport is operated by an independent party that cannot be considered an employee or agent of Air Premia. No acts committed by an employee, agent or representative of Air Premia in the process of assisting passengers securing ground transport means shall impose liability on Air Premia for the acts that the independent ground transport operator should or should not have done. If Air Premia owns and operates ground transport means for passengers, the terms and conditions for transport and rules of Air Premia shall be deemed to be applicable, including what is mentioned in the agreement regarding the passenger’s flight tickets, baggage tickets and the baggage fees. In the above case, even in cases where the passenger does not take ground transport, Air Premia shall not refund a portion of the fare already paid.

Article 14 Accommodation and in-flight meals

1. Accommodation

A. Accommodation fees are not included in the passenger fare.

B.Upon the request of the passenger, Air Premia may request a booking of accommodation on behalf of the passenger but this does not guarantee a confirmed use of the given accommodation facility. Expenses incurred in the process of securing and taking measures for bookings by Air Premia or its agent shall be borne by the passenger.

2. In-flight meals

Whether in-flight meals are provided for free or at cost shall be stipulated in the applicable tariff.

3. Referrals by Air Premia

In referring the passenger to hotels, other accommodation facilities or traveler’s insurance, Air Premia shall simply be an agent of the passenger, regardless of whether the required expenses are borne by Air Premia or not. Air Premia shall not bear any liability for losses incurred by the passenger as a result of, or in association with the use of the accommodation facilities by the passenger, or by the refusal of the passenger by a third party other than Air Premia(i.e. another individual, company or authorities).

Article 15 Passport control for departure and arrival

1. Observation of law

The passenger has the responsibility to prepare all travel documents, to acquire the necessary visa, and to observe all relevant laws, rules, orders and requirements of the departure, stopover or destination country. Air Premia shall not bear liability for what happens to the passenger for not having acquired the necessary documents or not having observed relevant laws, rules, orders, requirements or instructions.

2. Passport and visa

A. Passengers must submit all entry or departure documents and other documents as required under the laws, rules, orders or requirements of the relevant country. Air Premia reserves the right to reject the transport of a passenger who does not abide by the relevant laws, rules, order or requirements or who has not prepared the necessary documents. Air Premia shall not bear any liability for the losses or expenses incurred by the passenger for not having abided by such rules. in addition, in the case that a passenger’s non-compliance with the rules incurs losses for Air Premia, the passenger shall be liable to pay all damages.

B. If Air Premia is required to send the passenger to the departure point or other point under government orders as a result of the passenger not being allowed entry into the stopover country or destination country, unless there is a violation of relevant laws or rules, the passenger shall pay Air Premia the applicable fare associated with such a transport. The payment that had been made by the passenger for the transport of the unused leg or the money owned by the passenger and held by Air Premia shall be used to pay for the fare. The fare charged for the transport due to denial of entry into a country shall not be refunded.

3. Customs inspections

The passenger must be present during the inspection of carry-on baggage or checked-in baggage conducted upon the request of customs or other government officials. Air Premia shall not bear liability for the passenger if he does not abide by the conditions. If the passenger causes damage to Air Premia by not abiding by these conditions, the passenger shall be liable to pay all damages for such loss.

4. Government regulations

If Air Premia has made a reasonable decision to reject the transport of a passenger under relevant law, rules, requirements, or orders, Air Premia shall not bear liability for such.

Article 16 Liability of the carrier

1. Connecting carrier

Transports that are carried out by two or more carriers under one flight ticket or by two or more flight tickets issued in connection shall be considered a single case of transport. In such a case, the liability to pay damages for losses incurred in association with the passenger’s trip in each leg shall be determined under the terms and conditions for transport of the carrier for each leg. Regardless of whether Air Premia is the carrier that issued the flight ticket or is the carrier for the first leg on the ticket, unless otherwise stipulated in these terms and conditions, Air Premia shall not bear the liability for the legs transported by another carrier.

2. Applicable laws

A. The liability of Air Premia regarding international transport stipulated in these terms and conditions shall apply the rules of the Warsaw Convention, the amended version of the Warsaw Convention or the Montreal Convention, regarding liabilities and their limits.

B.All transports and services carried out by Air Premia shall abide by the following within the cope that it does not violate the above Clause “A”.

 1) Applicable laws(including domestic laws that observe the rules of the Convention for transports other than “international transports” as defined in the Convention or the domestic law that implements the Convention), government rules, orders or instructions
 2) These terms and conditions for transport and applicable tariff that can be viewed at Air Premia sales offices or airport branches serviced by regular flights of Air Premia, other rules and timetables (However, this does not include the departure or arrival time listed on the timetables)

C. The name of the carrier may be marked on the flight ticket using acronyms. The official title of each carrier and their acronyms are listed in the applicable tariff. The address of the carrier shall be the departure airport marked in the same line as the initial acronym for the carrier on the flight ticket. For the purposes of the “Convention,” an agreed-upon stopover point is a location marked on the flight that is not the departure point or destination point, or a mid-route landing point that has been planned in the itinerary of the passenger which is marked in the flight schedule of the carrier.

3. Scope of liability

Unless otherwise stated in the Convention or other applicable laws, the liability of Air Premia regarding deaths, injuries, delays, loss, damage or any other nature of loss (“loss”) occurring in association with the transport or related services provided by Air Premia shall be as follows.

A.Air Premia shall bear liability only in cases where it is proven that the given loss was due to the deliberate act or negligence of Air Premia. If a deliberate act or negligence of the passenger is shown, the liability of Air Premia for damages shall be reduced.

B. Air Premia shall bear no liability for loss caused directly or indirectly due to circumstances beyond Air Premia’s control or due to a non-compliance of the laws, government rules, orders or requirements by the passenger, despite Air Premia’s compliance with the aforementioned laws.

C. The following shall apply to claims for damages made by a passenger of Air Premia or his legal representative in regards to transport carried out by Air Premia.

 1) Air Premia shall not apply Article 22 Clause (1) of the amended Warsaw Convention or Article 20 of the Warsaw Convention for parts under SDR 128,821 regarding claims for damages of the death or injury of a passenger as stipulated in the Convention.
 2) Regardless of whether the claim is made in or outside of court, Air Premia reserves all rights stipulated in the Convention other than what is noted in the above Clause 1) and all types of rights including the rights to share the burden with a third party or seek exemption.
 3) The above Clause 1) notwithstanding, Air Premia may exercise the rights under Article 20 of the Warsaw Convention or Article 22 Clause (1) of the amended Warsaw Convention regarding claims for damages made by a social security institution or other similar institution. However, an exception shall be made for U.S. social agencies.

D. The following shall apply to Air Premia. The rules of Clause 1) notwithstanding, Air Premia may exercise all rights as a carrier stipulated in the Convention and other laws regarding claims for damages made by an individual who caused the death or injury of a passenger or the individual’s representative, or regarding claims for damages over losses caused by such an individual.

E. The liability of Air Premia regarding delays shall not in any case exceed the maximum stipulated in the Convention.

F. Maximum liability for damages concerning checked-in or carry-on baggage

 1) The maximum liability of Air Premia regarding checked-in baggage shall be set at 250 French Gold Francs or its equivalent(approximately 20.00 US dollars) per kilogram. In the case of carry-on baggage or other belongings, the maximum shall be st at 5,000 French Gold Francs or its equivalent(approximately 400.00 US dollars) per person. If only part of the checked-in baggage is delivered to the passenger or if a part of the baggage has incurred loss, the liability of Air Premia shall be calculated pro rata based on the weight of the un-delivered part or part that has suffered loss, regardless of the value of the un-delivered or lost part or its contents.
 2) For transports to which the Montreal Convention applies, the maximum liability for checked-in and carry-on baggage shall be 1,288SDR per person. Except for what is stipulated in the above Clauses (1) and (2), for transports to which the domestic law of the relevant country for the transport leg is applied, the relevant laws shall be observed. If the domestic law does not stipulate matters, the clause among the two clauses that is applied by the majority of airlines servicing the relevant leg shall apply.
 3) Air Premia shall not lower its maximum liability to under what is stipulated in domestic law or international conventions.
 4) Air Premia shall not bear liability for damages in excess of the actual loss incurred by the passenger. When a claim for damages is made, the actual value of loss must be proven.
 5) Air Premia shall not bear liability for loss to carry-on baggage in any case unless it is proven that the loss was caused by a fault of Air Premia. The help by Air Premia employees in loading, unloading or shifting carry-on baggage shall be considered complimentary services for the passenger.
 6) Air Premia shall not bear liability for loss to the baggage or injury of the passenger caused by the contents of the passenger’s own baggage. If a passenger’s item has caused injury to another passenger, loss of baggage or loss of property for Air Premia, the passenger shall pay damages to the other passenger and Air Premia for all losses and expenses incurred.
 7) Air Premia shall not bear any liability for the damage caused by the innate defects, nature or incompleteness of the baggage. Nor shall Air Premia shall bear liability for light scratches, erosions, dents or stains that occur despite undertaking normal baggage handling procedures.
 8) Air Premia shall not bear any liability beyond the scope defined in these terms and conditions or the Montreal Convention for the loss, damage or delayed delivery of personal electronics or data storage devices such as laptop computers, mobile phones, cameras, video recorders or MP3 players, or items prone to damage or spoilage, currency, jewelry, precious stones, securities, pharmaceutical products, personal ID documents, keys, other valuables, documents or passports required for travel.

G. Air Premia reserves the right to reject the check-in of items that it does not consider or allow as checked-in baggage under these terms and conditions for transport. The above notwithstanding, items delivered to and accepted by Air Premia shall have the baggage charges and liability limits under these terms and conditions and the Convention applied, as well as the publicly notified rates and fees by Air Premia.

H. In the case of ticketing or issuance of flight tickets by Air Premia for the transportation on routes operated by other carriers, Air Premia is simply acting as an agent of the given carrier. Air Premia shall not bear liability for the death, injury, or delay of a passenger, or loss, damage or delay of checked-in baggage that occurred on routes other than those operated by Air Premia. However, in the case that Air Premia, under the transport contract, is the initial or last carrier, the passenger shall reserve the right to claim damages to Air Premia for the loss, damage or delay of checked-in baggage.

I. "SDR” refers to the Special Drawing Right as designated by the International Monetary Fund. When converting the value denominated in SDR to a local currency, the valid exchange rate as of the final ruling date of the court is applied in cases of legal trials, and the exchange rate as of the date on which the compensation and damages to be paid has been agreed upon.

J. For the indirect or consequential losses, lost profits, special or punitive losses incurred from the transport carried out in accordance with these terms and conditions and the applicable tariff, Air Premia, regardless of whether it was aware of the loss having occurred, shall not bear liability in any case.

K. All rules concerning the exemption and maximum liability of Air Premia under these terms and conditions and the applicable tariff shall also apply to its agents, employees, representatives, as well as the owner of the aircraft operated by Air Premia, his agents, employees and representatives.

L. Obligation to compensate for denial of boarding due to overbookingIf a passenger is unable to board a flight departing from Korea due to overbooking, the airline etc. shall compensate in accordance with the standards for consumer dispute resolution(posted by the Fair Trade Commission).

4. Causes of litigation

Passengers shall only file lawsuits for damages related to the transport of passengers and baggage under conditions and restrictions stipulated in the Convention, regardless of whether the cause of litigation is a non-implementation of the contract, illegal acts or other reasons. However, the Convention shall not affect the individual making the claim or the rights that the individual claiming damages has.

Article 17 Deadline for claims to damages or litigation

1. Deadline for claims to damages

If there was damage to the baggage, the individual with the rights to be delivered the baggage shall, upon discovery or within 7 days of the delivery date at the most, file a complaint with the office of Air Premia. In the case of a delay or loss, a complaint shall be file a complaint within 21 days of the day on which the individual is able to dispose of the baggage(in the case of delays) or the day on which the individual should have become able to dispose of their baggage(in the case of a loss). Otherwise, no claims for damages shall be recognized by Air Premia. All complaints shall be submitted by the above deadline in writing. If the transport is not an “international transport” as defined in the “Convention,” legal charges may be pressed if any of the following requirements are proven to have been met, even if there was no notification by the individual.

A. There was a reasonable circumstance preventing the individual from making the notification.

B. A fraud by Air Premia prevented the individual from making the notification.

C. Air Premia was aware of the damage caused to the passenger’s baggage.

2. Deadline for litigation

Legal charges pressed in relation to the liability of Air Premia regarding its passengers, regardless of the cause for litigation, shall be made within two years of either the date on which the passenger arrived at his destination, or the date on which the aircraft arrived, or the date on which the transport was suspended. After this deadline, the passenger’s rights to press legal charges against Air Premia shall expire.

Article 18 Precedence of laws

If the rules stipulated in the flight ticket, these terms and conditions or other applicable tariff violate the law, government policies, orders or requirements, the former shall be valid within the scope of not violating the latter. Even in cases where a certain rule is deemed invalid, it shall not affect the validity of other articles.

Article 19 Amendments and waivers

Agents, employees or representatives of Air Premia shall be prohibited from changing, amending or waiving any rules in the terms and conditions for transport or other applicable tariffs.

Article 20 Original version of the terms and conditions

These terms and conditions may be translated into an English version for publication. In such a case, if there is any room for doubt or dispute regarding the interpretation of the clauses, the Korean version shall take precedence.

Name of airline: Air Premia

Acronym of Air Premia Co., Ltd.: Air Premia