BETTER SPACE SHUTTLE

Terms of Service

These Terms of Service (hereinafter referred to as the “Terms”) stipulate the matters which the customer (hereinafter referred to as the “User” or “Users”) needs to agree to, in relation to the use of services of helicopter (hereinafter referred to as the “Services”) provided by BetterSpace Co., Ltd. (hereinafter referred to as the “Company”). The User who desires to use the Services is required to agree on the Terms, before applying for such Services.
Please read carefully the following matters specified in the Terms, before your application.

Article 1. General Provisions

  1. 1. The Company provides the User with an opportunity to use a helicopter through the Services.
  2. 2. The Services shall be provided by either of the following ways, and the Company may, at its own discretion, decide such either way, considering arrangement situations of the operations of the helicopter. The User may not file any objection or complaint against such decision.
    1. (1) The User directly concludes a contract with a operator who has a license of air transport business (hereinafter referred to as the “Operator”), in relation to the provision of air transport service (hereinafter referred to as the “Transport Service Contract”);
    2. (2) The User concludes a contract with the Company, in relation to the use of the helicopter arranged by the Company (hereinafter referred to as the “Contract of Use”).
  3. 3. The Transport Service Contract set forth in the first (1st) item of the preceding paragraph is concluded by and between the User and the Operator voluntarily and under their responsibilities. The Company shall not have any rights or obligations, as a party of such contract.
  4. 4. The Contract of Use set forth in the second (2nd) item of the second (2nd) paragraph stipulates the content in relation to the permission of use of the helicopter arranged by the Company, and is concluded by and between the User and the Company, in accordance with the Contract of Use which is an exhibit of the Terms.
  5. 5. The Terms shall stipulate the matters necessary for the use of the Services, and shall apply to the relation between the User and the Company.
  6. 6. If the User and the Company conclude any agreement different from the Terms, such agreement shall prevail over the Terms.

Article 2. Definitions

  1. 1. In the Terms, the meaning of the terms shall be defined as follows.
    1. (1) Service Agreement (hereinafter referred to as the “Service Agreement”):
      The agreement by and between the User and the Company in relation to the use of the Services, including the agreement different from the Terms by and between both parties.
    2. (2) User (or Users):
      The individual, corporation or any other organization or entity who entrusts the Operator to perform the services through the Services, or applies for the Contract of Use with the Company, and then who receives such services or the Services.
    3. (3) Operator:
      The operator who accepts or attempt to accept the provision of the services to the User through the Services, having a license of air transport business certified and issued by the Minister of Land, Infrastructure, Transport and Tourism of Japan.
    4. (4) Application information:
      The information entered by the User at the time of application, the information which the Company considers necessary and requests the User to enter during the use of the Services, or such information added or changed by the User.
    5. (5) Contents:
      The information which the User may access to through the Services (including but not limited to sentence, picture, video, sound, music, image, software, program, code or any other data).
    6. (6) Intellectual property rights:
      Copy right, patent right, utility model right, trademark, design right or any other intellectual property right (including the right to acquire such right or to apply for registration, etc. in relation to such right).
  2. 2. Any terms other than the terms set forth in the preceding paragraph shall be defined by the Company, from time to time, in the relevant provisions of the Terms, as needed.

Article 3. Use of the Services

  1. 1. The User may use the Services, within the scope of the purpose of the Terms, to the extent of not breaching the Terms, and in accordance with the ways designated by the Company.
  2. 2. The User shall prepare and maintain any computer, software, any other device or equipment, communication line or any other communication environment, etc. necessary to receive the provision of the Services, at his/her own expense and under his/her own responsibilities.
  3. 3. The User shall agree that the only User who meets any and all requirements or conditions such as age, identification or any other matters which the Company considers necessary is permitted to use all or part of the Services.

Article 4. Application for Use

  1. 1. If the Company receives an application for the use of the helicopter from the User, the Company shall decide either of the ways set forth in the second (2nd) paragraph of the Article 1, considering arrangement situations of the operations of the helicopter.
  2. 2. The User shall conclude a Transport Service Contract with the Operator or a Contract of Use with the Company, on the basis of the decision set forth in the preceding paragraph and in a way designated by the Company.
  3. 3. If the Company receives a notice of acceptance in relation to the provision of transport service from the Operator, on the basis of the decision set forth in the first (1st) paragraph, the Company shall notify the User of such notice. The Transport Service Contract by and between the User and the Operator shall become effective at the time when the Company has sent a notice to such User. Such User shall be subject to the terms and conditions of the transport service or any other contractual provisions stipulated by such Operator.
  4. 4. The Contract of Use based on the decision set forth in the first (1st) paragraph shall become effective at the time when the Company has sent a notice of completion of arrangement to such User. Such User shall be subject to the Contract of Use which is an exhibit of the Terms.
  5. 5. If the User cancels the provision of the Services due to his/her own reason after the Transport Service Contract or the Contract of Use set forth in the second (2nd) paragraph has become effective, such User shall pay cancellation charge designated by the Company, to the Company, unless the provision of the Services cannot be performed due to bad weather conditions, etc. or unless the Company especially considers that such cancellation has a justifiable reason.

Article 5. Payment of Usage Fee

  1. 1. The User shall pay the fee for the use of the Services specified in the contract set forth in the third (3rd) or fourth (4th) paragraph of the Article 4 (hereinafter referred to as the “Usage Fee”) to the account designated by the Company by bank transfer by due date by designated by the Company. Any charge necessary for such transfer shall be borne by the User, and such transfer shall be necessarily made from the account with the name of such User.
  2. 2. If the Company cannot confirm the payment of the Usage Fee by due date set forth in the preceding paragraph, the Company shall deem that such User has cancelled his/her application. Even in such case, such User shall bear the cancellation charge set forth the fifth (5th) paragraph of the Article 4.
  3. 3. In case of the third (3rd) paragraph of the Article 4, if the Company confirms that the Operator has provided the User with the services, the Company shall pay the amount after deducting the bank transfer charge and the commission of the Company from the Usage Fee received from such User, to the bank account designated by such Operator, by the fifth (5th) business day of the month after the month following the month when such services have been provided.
  4. 4. In case of the proviso of the fifth (5th) paragraph of the Article 4, or if the Company considers that the cancellation is reasonable on the basis of laws and regulations, etc., the Company shall refund the Usage Fee received from the User, to such User. Any charge necessary for such transfer shall be borne by such User, unless the Company is liable for such case.

Article 6. Filing of Objection

  1. 1. The Services may be suspended due to natural disaster, accident or any other inevitable reason. In case of such suspension, the User shall not file any objection or complaint against the Company or the Operator.
  2. 2. The Company shall not warrant any quality of the transport services provided by the Operator or of the services of any other operator arranged by the Company. The User may not file any objection or complaint against the Company in relation to the quality of such services.

Article 7. Prohibited Acts

In case of using the Services, the User may not conduct any of the following acts, on his/her own or by using any third party.

  1. (1) Act which breaches or may breach laws and regulations, judgment, decision or order by court, or legally binding administrative measures, or act which promotes or may promote such act;
  2. (2) Fraud or threat against the Company, other User or any third party;
  3. (3) Act which may offend public order and morals or good manners;
  4. (4) Act which infringes or may infringe on any intellectual property right, portrait right, privacy, honor or any other right or interest of the Company, other User or any third party;
  5. (5) Transmission of any of the following information or any other information which the Company considers applicable, to the Company, other User or any third party, through the Services;
    1. ▪ Information including violent or cruel expressions;
    2. ▪ Information including computer virus or any other harmful program;
    3. ▪ Information including anti-social expressions;
    4. ▪ Information which requests for its diffusion to any third party, such as junk mail, spam mail or chain mail;
    5. ▪ Information including illegal solicitation or advertisement, etc.;
    6. ▪ Information including any expressions to give a sense of discomfort to any third party;
    7. ▪ Any other information similar to any of the above information.
  6. (6) Act which places an excessive burden on the network or system of the Services;
  7. (7) Unauthorized access to the overall system connected with the Services, unauthorized rewriting or deletion of the information stored in the facilities of the Company, or any other act to give damage to the Company;
  8. (8) Disclosure or posting of fraudulent data, etc. by intent;
  9. (9) Act for the purpose of collecting any information of other User;
  10. (10) Act to pretend to be the Company, other User or any third party;
  11. (11) Advertisement, promotion, solicitation or sales activity in the Services, without prior permission of the Company;
  12. (12) Act to give any profit or interest to any anti-social forces, etc.;
  13. (13) Application for the Services, without intention to receive such Services;
  14. (14) Act to refuse to receive the Services, without justifiable reason, in order to evade the payment for such Services;
  15. (15) Act to relentlessly and repeatedly make any wrongful demand against the Operator or the third party entrusted by the Company to conduct the operations of the helicopter;
  16. (16) Act for the purpose of “stealth marketing”;
  17. (17) Act contrary to the effect or purpose of the Service Agreement or of the Services;
  18. (18) Act to directly or indirectly cause or facilitate any of the above acts;
  19. (19) Any other act which the Company considers inappropriate.

Article 8. Measures, etc. in case of Breach of the Terms

  1. 1. If the Company considers that the User falls or may fall under any of the following items, the Company may, at its discretion, temporarily suspend or limit the use of the Services by such User.
    1. (1) If the User breaches any provision of the Terms;
    2. (2) If all or part of the application information provided by the User to the Company is false;
    3. (3) If any unauthorized use of the Services or methods of payment by the User is found;
    4. (4) If the User is subject to any bank suspension, becomes insolvent, or any proceedings of bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or similar to them are filed against the User;
    5. (5) If the User has died, or is subject to any judgment of guardianship, curatorship or assistance;
    6. (6) If the User does not respond to any inquiry or request for reply from the Company, within a reasonable period of time designated by the Company, by due date;
    7. (7) If the User was subject to any suspension, etc. of the Services, etc. in the past, or currently is subject to such suspension, etc.;
    8. (8) If the User is a minor, adult ward, person under curatorship or person under assistance, and has not obtained consent, etc. of his/her legal representative, guardian, curator or assistant;
    9. (9) If the User falls under any anti-social forces, etc., or if the Company considers that the User has any relationship or involvement with any anti-social forces, such as cooperation with or involvement in the operation or management, etc. of such anti-social forces, etc.;
    10. (10) If the Company considers that such suspension or limit is necessary for the operation or maintenance of the Services;
    11. (11) If the Company considers that any other reason similar to any of the above items exists.
  2. 2. The User shall not be released from any and all obligations or liabilities (including but not limited to damage compensation liabilities) under the Service Agreement to the Company or any third party, even after the suspension of the use of the Services. Further, the Company may retain and use any information provided by the User to the Company, in accordance with the Privacy Policy (hereinafter referred to as the “Privacy Policy”) of the Company, even after such suspension.
  3. 3. The Company shall not be liable for any damage incurred by the User, arising from any act conducted by the Company on the basis of the first (1st) paragraph of this article.

Article 9. Temporary Interruption, etc. of the Services

  1. 1. In case of any of the following items, the Company may temporarily interrupt all or part of the Services, without prior notice to the Users.
    1. (1) If the Company periodically or urgently maintain or repair any hardware, software or communication facilities in relation to the Services;
    2. (2) If the system of the Company has a heavy burden, due to excessive flock of access or any other unexpected factor;
    3. (3) If the necessity to ensure the security of the Users arises;
    4. (4) If the services of the telecommunications carriers are not provided;
    5. (5) If the provision of the Services is difficult, due to force majeure such as natural disaster, etc.;
    6. (6) If the provision of the Services is difficult, due to fire, power outage, any other unexpected accident, war, convulsion, riot or labor dispute, etc.;
    7. (7) If the operation of the Services becomes impossible, due to laws and regulations or measures based on them;
    8. (8) If the Company considers that any other reason similar to any of the above items exists.
  2. 2. The Company shall not be liable for any damage incurred by the Users, arising from any measure taken by the Company on the basis of this article.

Article 10. Ownership of Rights

  1. 1. An and all intellectual property rights in relation to any contents, etc. provided by the Company in the Services shall belong to the Company or the licensor of the Company. Any permission of use of the Services on the basis of the Terms shall not mean the licensing of such intellectual property rights to the User.
  2. 2. The User may not adapt, compile, edit, alter or change, etc. any information, etc. provided by the Company without prior written permission of the Company, make any third party use such information, etc. or disclose such information, etc. The User may not conduct any act which may infringe on any intellectual property rights of the Company or the licensor of the Company (including but not limited to disassembling, decompiling, reverse engineering), for any reason.
  3. 3. Even if any trademark, logo or service mark, etc. (hereinafter collectively referred to as the “Trademark, etc.”) may be displayed in the Services, the Company shall not assign or transfer such Trademark, etc. to the User or any third party, or not allow the User or any third party to use any of them.

Article 11. Collection, Analysis or Handling of Information in relation to the User

  1. 1. The handling by the Company of any information of the User, information of terminal or any other information in relation to the User shall be subject to the Privacy Policy separately stipulated by the Company. The User shall agree that the Company handles such information in accordance with such Privacy Policy.
  2. 2. The User shall agree that the Company may, at its own discretion, use any application information, terminal information or any other information or data provided by such User to the Company, for the purposes of provision and operation of the Services, or of improvement or enhancements, etc. of the contents of the Services, or disclose such information as statistical information which cannot identify the individual in relation to such information.
  3. 3. The Company collects any information in relation to the use of the Services (including but not limited to terminal information, etc. application start logs, browsing history logs) by using “Identification for Advertisers” (hereinafter referred to as the “IDFA”), AdvertisingID, Cookie or any of the following information collection modules, in order to grasp usage situation of the Services (including the purpose of distribution of retargeting advertisement) (Several kinds of IDFA or Cookie and analysis tool, etc. may be used concurrently, or the analysis tool, etc. may use IDFA, AdvertisingID or Cookie.) The details of IDFA and such information collection modules are specified in the terms of use or the privacy policy, etc. of the respective provider of them.
    The Company shall not be liable for any damage arising from the use of IDFA, AdvertisingID, Cookie or any other information collection modules.

    Name/Provider of information collection module:
    1. ▪ Google Analytics/Google Inc.
    2. ▪ Crittercism/Crittercism Inc.
  4. 4. The User shall agree that the Company may provide to its business partners, any application information, terminal information, etc. collected from such User or any other information in relation to such User, to the extent necessary for the use of the services provided by such partners, if such User desires to use the linkage with Facebook or any other partnering services.
  5. 5. The User shall agree that the Company may provide to its business partners or any third party, any statistical document in relation to the information collected or analyzed through the Services, for the purposes stipulated in the second (2nd) paragraph and for the purpose of providing the partnering services by such partners, in addition to the preceding paragraph.

Article 12. Confidentiality

  1. 1. In the Terms, “confidential information” (hereinafter referred to as the “Confidential Information”) means any and all information provided or disclosed in writing, orally or through any recording media, etc. by the Company to the User or which the User may know, in relation to the technology, marketing, sales, operation, finance, organization or any other matters of the Company.
    However, the following information shall not fall under such Confidential Information.
    1. (1) Information which the User has already possessed, before the provision or disclosure of such information by the Company;
    2. (2) Information which has become publicly known by the reason not attributable to the User, before or even after the provision or disclosure of such information by the Company;
    3. (3) Information which the User has duly obtained from any third party without confidentiality;
    4. (4) Information which the User has independently developed.
  2. 2. The User may not use the Confidential Information for any purpose other than the utilization purpose of the Services, and may not provide, disclose or leak such Confidential Information to any third party without prior written consent of the Company.
  3. 3. Notwithstanding the preceding paragraph, the User may disclose the Confidential Information on the basis of laws and regulations, order, demand or request by court or governmental institutions. However, in case of such order, demand or request, the User shall promptly notify the Company of such order, demand or request.
  4. 4. If the User duplicates, copies or adapts, etc. the Confidential Information, such User shall obtain prior written consent of the Company, and strictly manage such duplicate, etc. in accordance with the second (2nd) paragraph of this article.
  5. 5. Upon the request of the Company, the User shall, anytime, without delay, return to the Company or destroy any and all Confidential Information, any and all documents or any other recording media describing or including such Confidential Information, and any and all duplicates, etc. of them, in accordance with the instructions or directions of the Company.

Article 13. Compensation for Damage

  1. 1. If the User gives any damage to the Company, in breach of the Terms or in relation to the use of the Services, such User shall compensate for such damage (including the fees for experts such as attorney, within a reasonable scope) to the Company.
  2. 2. If the Company receives any claim from other User or any third party by reason of infringement of rights or by any other reason, in relation to the use of the Services by the User, such User shall compensate for the amount which the Company is obliged to pay to such other User or such third party and the amount which the Company bears for solution of disputes, etc. in relation to such claim (including the fees for experts such as attorney, within a reasonable scope).
  3. 3. With respect to any damage incurred by the User in relation to the Services, only if such damage is a direct and regular damage which has actually arisen due to the reason attributable to the Company, and only if such User proves such fact in relation to such damage, the Company shall compensate for such damage, unless the intent or gross negligence of the Company exists.

Article 14. Disclaimer of Warranties, Exemption of Liabilities

  1. 1. The Company shall not warrant any following matters to the User.
    1. (1) The Services, any contents of the Services, any selection of the Operator, or any information from the partnering services, etc. and any other information which the User may obtain through the Services comply with any particular purpose of such User and have any function, accuracy, availability or completeness expected by the User;
    2. (2) The use of the Services complies with any laws and regulations, etc., applicable to the User;
    3. (3) The use of the Services does not cause any problem, trouble, failure, malfunction, defect or inconvenience, to the User.
  2. 2. The Company shall not warrant the Operator has any ability, national qualification, skill, expertise, license or permit, etc. required by the User.
  3. 3. The Company shall not be liable for any damage arising from or in relation to the Services, such as interruption, suspension or termination of the provision of the Services, inability to use the Services, change of the Services, deletion or loss of any information sent by the User through the Services, malfunction or damage of any facilities or equipment for the Services, or any other information such as contents of any third party, for any reason.
  4. 4. The Company stores any application information and terminal information, etc. of the User on the highly secured networks under “cloud” environment which the Company considers proven. However, the Company shall not warrant any complete security or reliability, etc. of such networks, and shall not compensate for any damage incurred by such User, arising from any loss or damage of such stored information, etc.
  5. 5. The Company does not get involved in any communications or activities between the Users, in principle. If any dispute or problem arises between the Users, such Users shall immediately notify the Company of such dispute or problem, and solve it under their responsibilities and at their expense. The Company shall not get involved in such dispute or problem, and not be liable for it.
  6. 6. If any dispute arises between the Users or between the User and any third party, in relation to the Services, such Users shall immediately notify the Company of such dispute, and solve it under their responsibilities and at their own expense. The Company shall not get involved in such dispute, and not be liable for it.

Article 15. Message, Notice

  1. 1. Any message or notice by the Company to the User in relation to the Services shall be given by posting it on the website of the Company, by sending e-mails, by push notification or in any other way which the Company considers appropriate.
  2. 2. In case of the preceding paragraph, if such message or notice has not reached the User, due to the reason of such User, such message or notice shall be deemed to have reached such User at the time when such message or notice should have ordinarily reached such User.
  3. 3. Any inquiry, message or notice by the User to the Company relating to the Services shall be given by transmitting such inquiry, message or notice, after entering it in the inquiry form set in the appropriate place of the website of the Company, or in any other way designated by the Company.
  4. 4. The Company may distribute any e-mails for the purpose of advertisement or promotion, etc. in relation to the Services, to the e-mail address entered by the User in applying for the Services.

Article 16. Assignment, etc. of Status on the Terms

  1. 1. The User may not assign (including general succession by merger or demerger, etc.) all or part of contractual status under the Service Agreement or any rights or obligations based on the Terms in relation to such User, to any third party, or offer such status, right or obligation as collateral.
  2. 2. If the Company transfers the business in relation to the Services to any other company or entity, the Company may assign any contractual status under the Service Agreement or any rights or obligations based on the Terms, application information or any other information in relation to the User to the transferee of such business, and such User shall be deemed to have agreed to such assignment in advance in this paragraph. Such business transfer shall include any general succession where the Company becomes a disappearing company or split company, due to merger or demerger, etc.

Article 17. Severability

Even if any provision or any part of such provision of the Terms is considered to be invalid or unenforceable by the “Consumer Contract Act” of Japan or any other laws and regulations, the remaining provisions of the Terms and the remaining portion of such invalid or unenforceable provision shall continue to be fully effective. The Company and the Users shall strive to ensure that such provision has the effect equivalent to the original effect of such provision in a legal and economic way, by making such invalid or unenforceable provision legal, or by amending such provision to the extent necessary to make it enforceable.

Article 18. Survival Clause

The fifth (5t) paragraph of the Article 4, the second (2nd) and fourth (4th) paragraphs of the Article 5, the Article6, the Article 8 to the Article 15, the Article 17 to the Article 19, and any other provision which should survive as a matter of course considering the nature of such provision shall continue to be effective, even after the termination of the Terms and the Service Agreement.

Article 19. Governing Law, Jurisdiction

  1. 1. The Terms shall be governed by and construed in accordance with the laws of Japan.
  2. 2. All disputes, controversies, or differences which may arise between the Company and the User, out of or in relation to or in connection with the Terms shall be subject to the exclusive competent jurisdiction of Tokyo District Court of Japan for the first (1st) trial.

Article 20. Solution through Consultation

With respect to any matter not stipulated in the Terms or any doubt in relation to the interpretation of the Terms, the Company and the User shall promptly solve such matter or doubt in good faith through mutual consultation.

Exhibit (Established on July 25, 2016)
Terms and Conditions of Contract of Use

Article 1. Scope of Application

These terms and conditions of use (hereinafter referred to as the “Conditions”) shall stipulate contractual terms and conditions which apply to the Contract of Use concluded by and between the User and the Company, in relation to the use of the helicopter arranged by the Company, on the basis of the second (2nd) item of the second (2nd) paragraph of the Article 1 of the Terms.

Article 2. Consent of the User

The User and his/her accompanying person (hereinafter collectively referred to as the “User, etc.”) who use the helicopter arranged by the Company shall accept and agree on the Conditions.

Article 3. Instructions of Representative

The User, etc. shall observe any and all instructions or directions of the representative (person in charge), in relation to boarding, disembarkation, any other activities at the airport, etc. or in the helicopter, or loading and unloading of baggage, or place of boarding, etc.

Article 4. Change of Flight

  1. 1. The Company may change any route, departure date and time or departure place of the flight, suspend all or part of the flight, limit the boarding of the User, etc. or limit or cancel the baggage, due to any request or order by laws and regulations or public office, failure or malfunction, etc. of equipment, weather conditions, labor dispute, convulsion, war or any other inevitable reason.
  2. 2. The Company shall not be liable for any damage incurred by the User, etc., in any event set forth in the preceding paragraph.

Article 5. Liabilities

With respect to any bodily damage incurred by the User, etc. or any damage of property such as loss of baggage, due to any accident in getting on or off the helicopter, the Company shall compensate for such damage, only if such damage is a direct and regular damage which has actually arisen due to the reason attributable to the Company (however, only limited to the liability of the Company in relation to selection or supervision of the third party entrusted by the Company to conduct the operations of the Company), and only if such User, etc. proves such fact in relation to such damage, the Company shall compensate for such damage to such User, etc., unless the intent or gross negligence of the Company exists.

Article 6. Posting

The Company shall post the Usage Fee or any other necessary matters on its website, along with the Conditions.

Article 7. Usage Fee

The Usage Fee for the User, etc. shall separately be stipulated by the Company.

Article 8. Change by reason of the User

In case of any change of date and time of the flight, the User shall notify the Company of such change, at least midnight (0:00 a.m. under 24-hour system) of the date falling under 2 days prior to the boarding date, in a way designated by the Company. The Company shall not accept any change of such flight after such due date and time, in principle. Any failure of boarding on such due date and time shall be treated as “cancellation” by the User, etc. and such User, etc. shall pay cancellation charge designated by the Company, to the Company.

Article 9. Time of Gathering

  1. 1. In boarding the helicopter, the User, etc. shall gather at the place designated by the Company, by the date and time designated by the Company, for procedures necessary for such boarding.
  2. 2. If the time of gathering of the User, etc. exceeds such due date and time set forth in the preceding paragraph, such User, etc. may not board the helicopter, as the case may be. In such case, such User, etc. shall pay cancellation charge designated by the Company, to the Company.
  3. 3. The Company may not delay or defer any departure time, for the User, etc. who is late for such due date and time, in principle.

Article 10. Reimbursement of Usage Fee by reason of the Company

In case of failure to perform all or part of the Conditions, by reason of the Company, the Company shall reimburse to the User, etc. the amount equivalent to the Usage Fee for non-flight portion, upon request of such User, etc.

Article 11. Measures in case of Interruption of Flight

If the helicopter makes an emergency landing in flight and becomes unable to continue such flight, the Company shall make its best efforts to arrange transportation for the User, etc. to the departure place or any other substitute place.

Article 12. Handling of Cancellation Charge by reason of the User, etc.

In case of any cancellation of the flight by reason of the User, etc. (except for the case of failure to provide the Services due to bad weather conditions, etc.), such User, etc. shall pay to the Company the following cancellation charge. If the payment of the Usage Fee cannot be confirmed by time limit designated by the Company, or if the User, etc. gives no notice to the Company, such flight shall be deemed to have been cancelled by such User, etc.

  1. (1) Notice of cancellation after 0:00 a.m. of departure date: full amount of the Usage Fee;
  2. (2) Notice of cancellation by 0:00 a.m. of departure date: 50% of the Usage Fee;
  3. (3) Notice of cancellation by 0:00 a.m. of the date before departure date: 30% of the Usage Fee;
  4. (4) Notice of cancellation by 0:00 a.m. of the date falling under 2 days prior to the departure date: No cancellation charge

Article 13. Limit on Boarding

If the User, etc. falls under any of the following cases, such User, etc. may not board the helicopter. Even in any case other than such cases, if the Company considers that the flight on the boarding date or the safety of the User, etc. may have any problem, the Company may refuse such boarding.

  1. (1) Person with psychosis, contagious disease, drug addiction or heavily drunken person;
  2. (2) Person with injury, physically disabled person, or child having the age of elementary school student or younger and who is not unaccompanied by other person;
  3. (3) Baby less than 5 months after birth;
  4. (4) Person who carries any arm, weapon (except for the person who needs to carry it due to his/her profession), explosive, flammable goods, etc. (prohibited goods for loading such as dangerous goods for aviation), or any other goods which may give damage to the persons on board or the things loaded on the helicopter;
  5. (5) Person who is pregnant, without carrying doctor’s certificate for permission of boarding;
  6. (6) Person who carries any inappropriate goods or animal for air transport;
  7. (7) Person who may make other passengers uncomfortable or offended;
  8. (8) Person who does not observe any instruction or directions of the representative of the Company.

Article 14. Baggage

  1. 1. The number of baggage for loading shall be 1 piece only per person and its gross weight shall be 5 kg or less, unless otherwise decided by the Company, considering the volume or space of passenger cabin or cargo compartment or any other reason in relation to the flight.
  2. 2. In case of carrying any expensive goods, valuables or fragile things, the User, etc. shall manage them under his/her own responsibilities.

Article 15. Confirmation and Inspection of Content of Baggage

If the Company considers it necessary by reason of aviation security (including prevention of illegal seizure, control or destroy of the helicopter) or by any other reason, or if the Company considers that any baggage of the User, etc. may fall under the goods specified in the “Notification of General Affairs Section of Civil Aviation Bureau of Ministry of Land, Infrastructure, Transport and Tourism, No.7017 (called “Kokkuso No. 7017″)” which violates the National Civil Aviation Security Program, the Company may take the following measures.

  1. (1) The Company may open and inspect the baggage (including personal belongings) of the User, etc. in the present of such User, etc.;
  2. (2) If such User, etc. refuses such inspection, the Company shall refuse to transport such baggage.

Article 16. Governing Law, Jurisdiction

  1. 1. The Conditions shall be governed by and construed in accordance with the laws of Japan.
    The laws of Japan shall also apply to any matters not stipulated in the Conditions.
  2. 2. All disputes, controversies, or differences which may arise between the Company and the User, out of or in relation to or in connection with the Conditions shall be subject to the exclusive competent jurisdiction of Tokyo District Court of Japan for the first (1st) trial