ZIPAIR General Conditions of Carriage and Tariff Information

Part 1 – General Tariff Information

DEFINITIONS

"Ancillary Services" means Baggage allowance, seat assignment, meals, refreshments and/or the services associated with Carriage.

"Applicable Laws" means such laws, cabinet orders and ministerial ordinances and other governmental regulations, rules, orders, demands or requirements of any state or country as will apply to Carriage of a Passenger and/or Baggage to be performed by ZIPAIR.

"APPR" means the Air Passenger Protection Regulations.

"Assistive Device" means any medical device, mobility aid, communication aid or other aid that is specially designed to assist a person with a disability with a need related to their disability.

"ATPDR" means the Accessible Transportation for Persons with Disabilities Regulations.

"ATR" means the Air Transportation Regulations.

"Authentication Code" means a reference number, a bar code or a QR code that can be found in a Ticket, an Itinerary, a receipt, and/or an electric device screen which evidences a Passenger's Ticket.

"Authorized Agent" means a passenger sales agent appointed by ZIPAIR to represent ZIPAIR in the sale of Carriage of Passengers over the services of ZIPAIR.

"Baggage" means such articles, effects and other personal property of a Passenger as are necessary or appropriate for wear, use, comfort, or convenience in connection with his/her travel. Unless otherwise specified, it includes both Checked and Unchecked Baggage of the Passenger.

"Baggage Identification Tag" means a document issued by ZIPAIR solely for the purpose of identification of Checked Baggage which is attached by ZIPAIR to a particular article of Checked Baggage.

"Baggage Identification Tag Receipt" means a document issued by ZIPAIR solely for the purpose of identification of Checked Baggage which is given to the Passenger.

"Bank of Seats" means passenger seats that are immediately adjacent to each other and does not include passenger seats that are across the aisle.

"Barrier" means anything – including anything physical, architectural, technological, or attitudinal, anything that is based on information or communications or anything that is the result of a policy or a practice – that hinders the full and equal participation in society of persons with an impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment or a functional limitation.

"Booking" means the details which ZIPAIR or its Authorized Agent has entered into ZIPAIR's system relating to a journey to be made by a Passenger.

"Booking Reference" means the reference issued by ZIPAIR or its Authorized Agent which appears on a Passenger's Ticket or Itinerary and invoice and which identifies the Booking the Passenger has made with ZIPAIR.

"Carriage" which is equivalent to transportation means carriage of a Passenger and/or Baggage by air, gratuitous or for reward.

"Carrier" which refers to ZIPAIR Tokyo Inc.

"Checked Baggage" means Baggage of which ZIPAIR takes custody and for which ZIPAIR issues a Baggage Check and Baggage Identification Tag.

"Convention" means whichever of the following instruments is applicable to the contract of Carriage: The Warsaw Convention; The Warsaw Convention as amended at the Hague, 1955; The Warsaw Convention as amended by Additional Protocol No.1 of Montreal 1975; The Warsaw Convention as amended at The Hague, 1955, and by Additional Protocol No.2 of Montreal, 1975, and The Montreal Convention.

"Curb side Zone" means an area that is located outside of a terminal where passengers are picked up or dropped off and that is owned, operated, leased, or otherwise controlled by the terminal operator.

"Days" means calendar days including all seven days of the week; provided that, for the purpose of calculating the number of days of a notice period, the day upon which such notice is dispatched shall not be counted and further provided that, for the purpose of determining the period of validity of a Ticket, the day upon which the Ticket is issued, or the flight is commenced, shall not be counted.

"Denial of Boarding" occurs when a passenger is not permitted to occupy a seat on-board a flight because the number of seats that may be occupied on the flight is less than the number of passengers who have checked in by the required time, hold a confirmed reservation and valid travel documentation, and are present at the boarding gate at the required boarding time.

"Destination" means the ultimate stopping place under a contract of Carriage. In the case of a trip which returns to the place of departure, the Destination is the same as the place of departure.

"Disability" means any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment — or a functional limitation — whether permanent, temporary or episodic in nature, or evident or not, that, in interaction with a barrier, hinders a person’s full and equal participation in society.

"Fare Rules" means ZIPAIR's rules with respect to any applicable fare and service charges.

"Flight Coupon" means such portion of a Ticket that indicates particular places between which the coupon is good for Carriage.

"Full Flat Seat" means ZIPAIR`s fully flat 180-degree seat located in the front of the cabin.

"Gratuitous Carriage" means air transportation of passengers, goods, or animals for no reward.

"Infant" means a person who has not reached his/her second birthday as of the date of commencement of Carriage.

"International Carriage" means (except where the Montreal Convention is applicable) Carriage in which, according to a contract of Carriage, the place of departure and the Destination are situated in two or more countries. As used in this definition, the term "country", which is equivalent to "state", shall include any territory subject to its sovereignty, suzerainty, mandate, authority, or trusteeship.

“Involuntary Refunds” means any refund made in the event the passenger is prevented from using all or a portion of their ticket in situations where a delay or cancellation occurs – within the carrier's control and within the carrier's control but required for safety purposes, or Denial of boarding – within the carrier's control and within the carrier's control but required for safety purposes.

"Itinerary" means a document or documents forming part of the Ticket which contains the information such as the Passenger's name, Booking information, Booking Reference, Authentication code, a portion of the conditions of a contract of Carriage and notices relating thereto.

"Large Carrier APPR" is a carrier that has transported a worldwide total of two million passengers or more during each of the two preceding calendar years.

"Large Carrier ATPDR" is a carrier that has transported a worldwide total of one million passengers or more during each of the two preceding calendar years.

“Minor” means a person who has not reached their 15th birthday on the date that travel commences.

"Mobility Aid" means any manual or electric wheelchair, scooter, boarding chair, walker, cane, crutch, prosthesis, or other aid that is specially designed to assist a person with a disability with a need related to mobility.

The "Montreal Convention" means the Montreal Convention for the Unification of Certain Rules for International Carriage by Air", done at Montreal on 28th May 1999.

"Passenger" means any person, except crew members, carried or to be carried in an aircraft with the consent of ZIPAIR.

“Person with a Disability means a person with any impairment, including a physical, mental, intellectual, cognitive, learning, communication, or sensory impairment — or a functional limitation — whether permanent, temporary or episodic in nature, or evident or not, that, in interaction with a barrier, hinders a person’s full and equal participation in society.

"Required for Safety Purposes" means required by law in order to reduce risk to passenger safety and includes required by safety decisions made within the authority of the pilot of the aircraft or any decision made in accordance with a safety management system as defined in subsection 101.01(1) of the Canadian Aviation Regulations but does not include scheduled maintenance in compliance with legal requirements.

"Refusal to Transport" Refusal to transport: means, despite a passenger holding a valid ticket, the carrier will not carry or, if necessary, will remove the passenger from a flight at any point for reasons found in Part 12, Refusal and Limitation of Carriage.

"SDR" means Special Drawing Rights as defined by the International Monetary Fund. Conversion of the SDR sum into a national currency shall, in the case of judicial proceedings, be made at the exchange rate between the currency and SDR prevailing on the date of the final court hearing of such proceedings and, in any other case, at the exchange rate between the currency and SDR prevailing on the date on which the amount of the damages is finally fixed or on which the value of Baggage is declared.

"Service Dog" means a dog that has been individually trained by an organization or person specializing in service dog training to perform a task to assist a person with a disability with a need related to their disability.

"Severe Allergy" means an allergy to an allergen that may cause a person to experience significant physical distress if they are directly exposed to the allergen.

"Situations outside the carrier's control" include, but are not limited to the following:

• war or political instability;
• illegal acts or sabotage;
• meteorological conditions or natural disasters that make the safe operation of the aircraft impossible;
• instructions from air traffic control;
• a NOTAM, (Notice to Airmen) as defined in subsection 101.01(1) of the Canadian Aviation Regulations;
• a security threat;
• airport operation issues;
• a medical emergency;
• a collision with wildlife;
• a labour disruption within the carrier or within an essential service provider such as an airport or an air navigation service provider;
• a manufacturing defect in an aircraft that reduces the safety of passengers and that was identified by the manufacturer of the aircraft concerned, or by a competent authority; and
• an order or instruction from an official of a state or a law enforcement agency or from a person responsible for airport security.

"Small Carrier APPR" means any carrier that is not a Large Carrier APPR. For greater certainty, Small Carrier APPR means a carrier that has not transported a worldwide total of two million passengers or more during each of the two preceding calendar years.

"Small Carrier Non-ATPDR" means any carrier that is not a Large Carrier ATPDR. For greater certainty, Small Carrier Non-ATPDR means a carrier that has not transported a worldwide total of one million passengers or more during each of the two preceding calendar years.

"Standard Seat" means ZIPAIR`s seat located in the middle and back of the cabin.

"Support Person" means a person who is needed by a person with a disability, because of the nature of their disability, after departure and before arrival for assistance with eating meals, taking medication, using the washroom, transferring to and from a passenger seat, orientation, and communication; or for physical assistance in an emergency, including in the case of an evacuation or decompression.

“Tariff” means a schedule of fares, rates, charges or terms and conditions of carriage applicable to the provision of an air service and other incidental services.

"Tarmac Delay" occurs when a flight is delayed on the tarmac after the doors of the aircraft are closed for take-off or after the flight has landed.

"Taxes" means conditions under which taxes, fees and other charges are imposed, collected, or refunded are stablished by the domestic or foreign government, airport authority or third party and must be respected. As a result, refund of unused taxes, fees and other charges will be made only if permitted by the domestic or foreign government, airport authority or third party.

"Ticket" means the document electronically issued by ZIPAIR or its Authorized Agent for Carriage of a Passenger and/or Baggage, setting forth a portion of the conditions of a contract of Carriage and notices relating thereto.

“Traffic” means any persons or goods that are transported by air.

"Unchecked Baggage" means any Baggage other than Checked Baggage.

"Warsaw Convention" means the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12th October, 1929.

"ZIPAIR" means ZIPAIR Tokyo Inc.

"ZIPAIR's Regulations" means ZIPAIR's rules and regulations as defined in this tariff.

Part 2 – Application of Conditions

2.1 General

Nothing in these Conditions of Carriage, ZIPAIR's Regulations or Fare Rules shall, unless permitted by the Montreal Convention and otherwise expressly provided herein, constitute a modification by ZIPAIR of any provision of, or waiver by ZIPAIR of any right granted to it by, the Montreal Convention.

2.2 Applicability

To the extent not in conflict with the Montreal Convention and except as provided in Articles 2.5 and 2.6, these Conditions of Carriage apply to any Carriage of Passengers and/or Baggage and any service incidental thereto, each to be performed or provided by ZIPAIR at fares, rates and charges published in connection with these Conditions of Carriage. Any Carriage of Passengers and/or Baggage shall be subject to these Conditions of Carriage and ZIPAIR's Regulations in effect as of the date of commencement of the Carriage covered by the first Flight Coupon of the Ticket.

2.3 Charter Operations

If Carriage is performed by ZIPAIR under a charter agreement, pursuant to which ZIPAIR subcontracts the Carriage of Passengers to a charter operator, these Conditions of Carriage apply unless Passengers are advised otherwise.

2.4 Overriding Law

Any provision contained or referred to in a ticket or in this tariff shall be considered valid to the extent that it does not violate applicable laws. The invalidity of any provision shall not affect the validity of any other provision.

2.5 Modification and Waiver

No representative, officer, employee, or agent of ZIPAIR shall have authority to alter, modify or waive any provision of the contract of Carriage or of these Conditions of Carriage or ZIPAIR's Regulations. Except as will be prohibited by Applicable Laws, ZIPAIR may change, modify or amend any provision of these Conditions of Carriage and relevant regulations, and shall notify reasonably in advance the contents of such changes of Conditions of Carriage by posting them to the website or by other appropriate means; provided that no contract of Carriage shall be subject to such change, modification or amendment made after the Carriage to be performed pursuant to such contract commences.

Part 3 - General

3.1 Preparing to Travel

The Passenger alone is responsible for making all necessary arrangements for his/her travel and ensuring that he/she complies with all laws, regulations, and orders of the places he/she will travel to. For example, he/she will need to find out from relevant embassies or consulates whether he/she needs a passport, visa or other travel document, health document or evidence of onward travel or accommodation.

3.2 Personal Data

The Passenger agrees and consents that his/her personal data will be furnished to ZIPAIR by the Passenger or his/her agent, will be retained by ZIPAIR or, if ZIPAIR deems necessary, will be transmitted by ZIPAIR to any of its own offices, other carriers, the providers of travel services, government authorities or other entity or agency in countries to be flown from, into or over, or in countries of transit and transfer, for the purpose of making a reservation for Carriage, obtaining ancillary services, facilitating immigration and entry requirements or making available such data to government authorities or for any other purpose which ZIPAIR deems necessary in order to facilitate the travel for the Passenger.

Part 4 - Reservation

4.1 Reservation Completion

Unless otherwise provided in ZIPAIR's regulations or applicable Fare Rules, a booking for a flight and carriage agreement is made when recorded as accepted and confirmed by ZIPAIR or its Authorized Agent that full payment for applicable fares, service charges, fees or taxes is completed. ZIPAIR or its Authorized Agent will provide a Passenger with written confirmation of his/her booking. ZIPAIR does not accept any responsibility for any loss a Passenger may incur as a result of making arrangements for travel on ZIPAIR through anyone other than ZIPAIR or its Authorized Agent.

The carrier does not accept a reservation for anyone under the age of 15 who will be travelling alone. ZIPAIR does not provide unaccompanied minor service. Therefore, only individuals over the age of 15 are allowed to create a reservation when travelling alone.

4.2 Payment

The Passenger must pay for applicable fare, service charges, fees, or taxes in the form of payment specified by ZIPAIR.

4.3 If there is No Payment

ZIPAIR shall not be obliged to carry a Passenger if ZIPAIR has not received the Passenger's payment, even if a Passenger has a Booking for a flight.

Unless otherwise provided in ZIPAIR's Regulations or applicable Fare Rules, payment must be made at the time of booking when the Passenger selects the payment method. If a period of time is permitted between booking and payment, ZIPAIR or its Authorized Agent will specify that amount of time to the Passenger and consider the Booking as a tentative booking. Any booking for which payment is not received in full by the specified deadline will be cancelled.

4.4 Seat Assignment

A Passenger may reserve a specified seat of a flight in advance on an availability basis. Upon assignment of the specific seat in the cabin, ZIPAIR shall charge the fees prescribed in ZIPAIR's Regulations therefor. Although ZIPAIR will attempt to accommodate a Passenger's seat reservation request, ZIPAIR does not guarantee the Passenger any particular seat, even if he/she has paid for the seat. ZIPAIR may change such seat assignment without prior notice due to a change in aircraft or other operational reasons.

If a Passenger does not select a seat in advance, one will be automatically assigned for the Passenger by ZIPAIR.

Seat Assignment

※ Full Flat Seat – CAD 36 / JPY3,500 Flat rate for seat assignment.

Inflight Seat Change Fee

Assignment of Seats to Children under the Age of 14 Years

We make every effort to ensure that children under the age of 14 years are assigned a seat in close proximity to their parent, guardian, or tutor in accordance with the following chart at no additional cost:

On some flights, passengers, including children under the age of 14 years, may reserve a specified seat on a flight in advance. ZIPAIR aims to assign a seat to a child in close proximity to their parent, guardian, or tutor before check-in.

If we are unable to assign a child a seat in close proximity to their parent, guardian or tutor, we try to assign seats:

• At the time of check-in, if possible.
• By asking for volunteers to change seats at the time of boarding; and
• By asking for volunteers to change seats before take-off.

We will make every effort to ensure that children under the age of 14 years are assigned a seat in close proximity to their parent, guardian, or tutor.

4.5 Communications Charges

A Passenger shall, unless ZIPAIR agrees otherwise, bear any communication expense for telephone, fax, or other communication facility (such as internet) used in connection with making or cancelling a reservation.

4.6 Booking Reference and Authentication Code

A Passenger must keep his/her Itinerary, Booking Reference, and Authentication Code secure so that no one else can misuse it to refer to the Passenger's Booking or change the Passenger's Booking.

Part 5 – Fares, Ancillaries, Taxes and Charges

5.1 Applicable Fares

Applicable fares shall be the fares which shall be published by ZIPAIR or its Authorized Agent or, if not so published, determined in accordance with ZIPAIR's Regulations, which shall, unless otherwise provided in Applicable Laws, be in effect as of the date of issue of a Ticket. If the amount collected is not equivalent to the applicable fare, the difference shall be paid by the Passenger or, as the case may be, refunded by ZIPAIR.

5.2 Fare Coverage

A Passenger's fare covers the flight(s) for the Passenger from the airport at the place of departure specified in his/her booking, to the airport at the Destination. A Passenger's fare does not include ground transport between one airport and another or between the airport and any other place. Baggage allowance, seat assignment, meals and refreshments are not included in a Passenger's fare unless the applicable Fare Rules provide otherwise.

5.3 Ancillary and Service Charges

Ancillary Services will be provided subject to the applicable charges prescribed by ZIPAIR's Regulations.

Ancillary Package(Flights between Canada and Japan)

Value Package - Advanced Seat Selection, Inflight Meal (Standard), 1 Checked Baggage (30kg)

Premium Package - Advanced Seat Selection, Inflight Meal (Standard), 1 Checked Baggage (30kg), Amenity Set (without Tote Bag), 15kg of Carry-on Baggage.

Flex Biz Package(Flights between Canada and Japan)

Flex Biz Package - Advanced Seat Selection, 15kg of Carry-on Baggage, Date Change E-Voucher

Inflight Meal(Flights between Canada and Japan)

Inflight Seat Upgrade(Flights between Canada and Japan)

ZIPAIR Express Service(Flights between Canada and Japan)

*Priority check-in at airport counter and to receive baggage early at destination

Contact Center Handling Fees(Flights between Canada and Japan)

Airport Handling Fees(Flights between Canada and Japan)

5.4 Taxes, Fees, and other charges

Any tax or charge imposed by a government or other public authority or by an operator of an airport in respect of a Passenger or his/her use of any services or facilities shall be in addition to the published fares and charges and be payable by the Passenger.

5.5 Currency

A Passenger must pay for his/her Booking in Canadian Dollars.

Part 6 – Reservation Changes and Refunds

6.1 Reservation Change

Any requested change or modification by a Passenger to a reservation and/or to his/her Ticket shall only be permitted in accordance with ZIPAIR's Regulations and Fare Rules. Under the Fare Rules, conditions applicable to certain fares may limit or prohibit change of reservations.

6.2 Open booking

Unless otherwise provided by the Fare Rules, a Passenger cannot hold an open booking, where the date and time, the flight number, etc. are not confirmed.

6.3 Refunds Due to Reservation Change

All refunds requested by a Passenger pursuant to a Reservation Change will be considered and made in accordance with ZIPAIR's Regulations and the Fare Rules. Under the Fare Rules, conditions applicable to certain fares may limit or prohibit the refund of reservations. In general, no refunds will be allowed on tickets purchased on ZIPAIR.

In relation to any such refunds:

• ZIPAIR shall be entitled to provide the refund either to the person named in the Ticket, or to the person who has paid for the Ticket upon presentation of satisfactory proof of such payment; if the Ticket has been paid for by a person other than the Passenger named in the Ticket, and ZIPAIR has indicated on the Ticket that there is a restriction on refund, ZIPAIR shall make a refund only to the person paying for the Ticket or to that person’s order;
• refunds will be provided in the same currency as used by the Passenger for his/her Booking, unless ZIPAIR informed the Passenger otherwise; and
• if a Passenger does not travel, he/she may be able to claim a refund of certain charges or taxes. If there is a charge or tax which ZIPAIR collects on a per passenger basis to remit to an airport, tax, or other authority, and ZIPAIR does not have to remit that amount as a result of the Passenger not travelling, ZIPAIR will refund that amount to the Passenger.

6.4 Reservations and Ticket Transferability

A Booking shall only be valid for the flight on which a seat is reserved as indicated in the Itinerary. A Booking and Ticket shall not be transferable. ZIPAIR shall not be liable to any person entitled to be carried or to receive a refund, for honoring or refunding a Ticket presented by any person other than the person so entitled. If a Ticket is in fact used by any person other than the person who is entitled to be carried, with or without such person's knowledge and consent, ZIPAIR shall not be liable for death of or injury to such unauthorized person or for loss, destruction or delay in arrival of, or damage to, such unauthorized person's Baggage or other personal property arising from or in connection with such unauthorized use.

Part 7 – Delays, Cancellations, and Denied Boarding

7.1 Schedules

ZIPAIR undertakes to use its best efforts to carry a Passenger and his/her Baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel, provided that times shown in a timetable or elsewhere shall be just scheduled but not guaranteed and shall form no part of the contract of Carriage. ZIPAIR may change any schedule of a flight without any prior notice. When delays and/or cancellations occur, applicable passengers will be entitled to alternative transportation and/or compensation according to the APPR.

7.2 Connecting Flights

The booking of connecting flights by a Passenger shall be at the Passenger's own risk, and it is the Passenger's responsibility to ensure that he/she has enough time to collect his/her Checked Baggage and carry out all steps to check-in for and board the connecting flight. A Passenger must collect his/her Checked Baggage after each individual flight.

7.3 Changes Due to Circumstances Beyond ZIPAIR's Control

ZIPAIR may, without prior notice, cancel, terminate, divert, postpone, or delay any flight or have the right to, or any reservation with respect to, any further Carriage thereafter or determine if any take-off or landing should be made in case of the following unavoidable circumstances:

• because of any fact beyond ZIPAIR's control (including, but not limited to, force majeure such as meteorological conditions, acts of God, strikes, riots, civil commotions, embargoes, wars, hostilities, disturbances, epidemics, pandemics, or unstable international relations) whether actual, threatened or reported or because of any delay, demand, condition, circumstances or requirement directly or indirectly relating to such fact;
• because of any fact not to be foreseen, anticipated or predicted;
• because of any Applicable Laws; or
• because of shortage of labour, fuel or facilities or labour problems of ZIPAIR or others,

(each an "Unavoidable Circumstance").

In the event of an occurrence of an Unavoidable Circumstance, the Passenger may be entitled to:

• a change in flight, if a flight operated ZIPAIR is available, at all times in accordance with ZIPAIR's Regulations; or
• a refund of the applicable fare, ancillary service charges and other charges as per Article 7.5 (Flight Delays, Cancellations and Denial of Boarding).

Unless otherwise specified or provided in Applicable Laws, ZIPAIR shall not provide a transfer to flights not operated by ZIPAIR.

7.4 Flight Delays, Cancellations, and Denial of Boarding

Where a flight is delayed, cancelled or where a passenger is not permitted to occupy a seat on board a flight because the number of seats that may be occupied on the flight is less than the number of passengers who have checked in by the required time, hold a confirmed reservation and valid travel documentation and are present at the boarding gate at the required boarding time (a “Denial of Boarding”) (flight delays, cancellations and Denial of Boarding are collectively referred to as a “Flight Disruption”), passengers may be entitled to specific standards of treatment, rebooking or a refund, and compensation.

The following is a summary of our terms and conditions in cases of a Flight Disruption.

• Notifying passengers of a known Flight Disruption

　　To keep our passengers informed during a Flight Disruption we will provide affected passengers with the following information, based on the information available to us:

• The reason for the Flight Disruption;
• The compensation to which the passengers may be entitled for the inconvenience (if applicable);
• The standard of treatment for passengers (if any); and
• The recourse available to passengers against ZIPAIR, including their recourse to the Canadian Transportation Agency. Passengers may submit claims via the website or mailing address provided on Inquiry Form. An official decision will be communicated within 30 days after the day on which it received the request.

We will provide passengers with updated information as soon as feasible and will provide status updates every 30 minutes until a new departure time is set for the flight or alternative travel arrangements have been made pursuant to (1)(B) here.

Providing services to minimize inconvenience.

Alternate Travel Arrangements

In the event of a delay of three hours or more (“Extended Delay”), a flight cancellation, or a Denial of Boarding, we will assist our passengers in rebooking travel to their destination to complete their itinerary as soon as feasible. Specifically:

Where the Extended Delay, flight cancellation, or a Denial of Boarding occurs for ‎reasons ‎outside of our control as defined in the APPR and described below, we will provide our passengers, free of ‎charge, with:‎

(i)a confirmed reservation for the next available flight that is operated by ‎ZIPAIR, traveling on any reasonable air route ‎from the airport where the passenger is located to their destination, ‎and that departs within 48 hours of the end of the event that ‎caused the Extended Delay, flight cancellation or Denial of Boarding

A Flight Disruption is outside of our control if caused by events, including but not limited to, war or political instability, illegal acts or sabotage, meteorological conditions or natural disasters that make the safe operation of the aircraft impossible, instructions from air traffic control, a NOTAM, a security threat, airport operation issues, a medical emergency, a collision with wildlife, a labour disruption within ZIPAIR or within an essential service provider such as an airport or an air navigation service provider, a manufacturing defect in an aircraft that reduces the safety of passengers and that was identified by the manufacturer of the aircraft concerned, or by a competent authority, or an order or instruction from an official of a state or a law enforcement agency or from a person responsible for airport security.

Where an Extended Delay, a flight cancellation, or a Denial of Boarding, occurs for reasons within our control, (including situations required for safety purposes), we will provide passengers, free of charge, with:

(i)a confirmed reservation on the next available flight that is operated by ZIPAIR, traveling on any reasonable air route from the airport where the passenger is located to their destination, and that departs within 9 hours of the original departure time.

A Flight Disruption is within our control but required for safety purposes where the cause of the Flight Disruption is required by law in order to reduce risk to passenger safety and includes required by safety decisions made within the authority of the pilot of the aircraft or any decision made in accordance with a safety management system as defined in subsection 101.01(1) of the Canadian Aviation Regulations but does not include scheduled maintenance in compliance with legal requirements.

In accordance with the APPR, ‎we will provide alternate travel arrangements that are comparable to those on the original ticket in case of an Extended Delay, cancellation, or Denial of Boarding.

If the alternate travel arrangements offered do not accommodate our passenger’s travel needs, we will (a) in the case where a passenger is no longer at the point of origin indicated on the ticket and the travel no longer serves a purpose because of the Flight Disruption, refund the ticket and if necessary, return our passenger to his/her point of origin; and (b) in any other case, refund the unused portion of the ticket. Passengers who choose to take a ticket refund instead of alternate arrangements may be entitled to compensation in the amount of $125 (CAD) if their ticket is refunded due to an Extended Delay or cancellation that is within the control of ZIPAIR ‎(except where the Extended Delay or cancellation is required for safety ‎purposes). In order to receive compensation, the passenger must file a request for compensation with ZIPAIR within 1 year of the Extended Delay or cancellation.

Denial of Boarding Procedure

Before a Denial of Boarding, we ask passengers to volunteer to give up their seat. If we offer a benefit to our volunteer(s) in exchange for giving up his/her seat, we will provide written confirmation of the benefit before the flight departs.

Where a Denial of Boarding occurs, we will give priority for boarding to passengers in the following order:

• a person with a disability and their support person, service animal, or emotional support animal, if any;
• a passenger who is travelling with family members; and
• a passenger who was previously denied boarding on the same ticket.

*The order of priority described above does not apply where the Denial of Boarding was caused by a situation outside of our control.

We will make reasonable efforts not to cause a Denial of Boarding to a passenger who is already on board the aircraft but may do so where it is required for safety reasons.

Our Contingency Plan for Lengthy Tarmac Delays

Where a flight is delayed on a tarmac at a Canadian airport for three hours after the aircraft doors have been closed for take-off or after the flight has landed, we will allow passengers to disembark the aircraft.

*The following cases are excluded: (1) where it is likely that take-off will occur less than three hours and 45 minutes after the doors of the aircraft are closed for take-off or after the flight has landed and ZIPAIR is able to continue providing passengers with the services described below; and (2) where it is not possible to provide an opportunity for passengers to disembark, including if it is not possible for reasons related to safety and security or to air traffic or customs control.

When allowing passengers to disembark, if feasible, we will give passengers with disabilities, and their support person, service animal or emotional support animal (if any) the opportunity to disembark first.

For all flights to, from and within Canada, in accordance with the APPR, ‎we will use reasonable efforts to provide convenient and comfortable services to all customers in cases of tarmac delays. Specifically, we will provide passengers with the following, free of charge:‎

• Access to lavatories in working order;
• Proper ventilation and cooling or heating of the aircraft;
• If it is feasible to communicate with people outside of the aircraft, the means to do so; and
• Food and drink, in reasonable quantities, taking into account the length of the delay, the time of day and the location of the airport.

Information on treatment, compensation, refunds, and recourse

(A)Providing services to minimize inconvenience resulting from a Flight Disruption

We make every effort to ensure our flights operate on time and passengers are ‎not denied boarding. ‎However, in case of a Denial of Boarding and in the case of a delay or cancellation where passengers are informed of the delay or cancellation less than 12 hours before ‎the ‎departure and have waited two hours after the original departure time, we will provide the following treatment, free of charge:

(i)Food and drink in reasonable quantities, taking into account the length of the wait, ‎the time of day and the location of the passenger; and (ii)Access to a means of communication.‎

The following cases, however, are excluded: (1) where providing the services above would further delay the passenger; and (2) where the Flight Disruption was due to “situations outside the carrier’s control” as defined in section 10(1) of the APPR.

ZIPAIR will provide overnight ‎accommodations (hotel or comparable) including round trip transportation ‎from the airport to the hotel or other accommodation, if ZIPAIR expects the ‎passenger will be required to wait overnight for a flight reserved or as part of ‎the alternate travel arrangements, in cases where the Extended Delay, ‎cancellation or Denial of Boarding was within ZIPAIR’s control, including situations required for safety ‎reasons.‎

(B) Compensation for Denial of Boarding

In the event that a passenger is denied boarding, and the cause of the Denial of Boarding was within our control (excluding situations within our control but required for safety purposes), affected passengers may be entitled to compensation, calculated based on your arrival time at destination, as follows:

(C) Compensation for Delay or Cancellation

If a flight delay or cancellation is within our control (excluding situations within our control but required for safety purposes) and passengers have been informed of the delay or cancellation 14 days or less before their original departure time, affected passengers may be entitled to compensation paid within 30 days of receiving the request, calculated based on your arrival time at destination, as follows:

In order to receive compensation, you must file a request for compensation with ZIPAIR within 1 year of the flight delay or cancellation.

(D)Refunds

ZIPAIR will issue the refund within 30 days to the person who originally purchased the Ticket, using that person’s original payment method, in accordance with the provisions of the APPR.

(E)Recourse

If passengers believe that they have received unfair treatment from ZIPAIR, they may contact us on our website. They may also submit an air travel complaint to the Canadian Transportation Agency online.

Passengers may submit claims via the website or mailing address provided on Frequently Asked Questions. An official decision will be communicated within 30 days after the day on which it received the request.

Part 8 – Baggage

8.1 Prohibited Items

ZIPAIR reserves the right to refuse to accept as Baggage:

• items which do not constitute Baggage as defined in Part 1;
• items which may endanger an aircraft or any person or property, such as items which are specified as Dangerous Goods in (i) any applicable regulations in force in any country to which ZIPAIR operates; (ii) in any procedures, guidance, standards, or recommended practices of the International Civil Aviation Organization (ICAO) or the International Air Transport Association (IATA); or (iii) in ZIPAIR's Regulations;
• items Carriage of which is prohibited by Applicable Laws of any state or country to be flown from, into or over;
• items which ZIPAIR deems unsuitable for Carriage by reason of their weight, size, shape, or character such as being fragile or perishable;
• live animals including pets (save as provided for in Article 8.8 (Service Dogs); and/or
• firearms, swords, and other similar items.

If ZIPAIR discovers that a Passenger is carrying prohibited items, ZIPAIR may take whatever actions it considers appropriate and/or reasonable in the circumstances, including disposing of the item without notifying the Passenger.

8.2 Unchecked Baggage

All Unchecked Baggage must comply with ZIPAIR's Regulations.

(1)Passengers may carry into the cabin a maximum of two pieces of baggage at no charge, provided that (a) the first item of Baggage is no bigger than 40 X 25 X 55 cm, (b) the second item of Baggage is no bigger than 35 x 25 x 45 cm and (c) their total weight shall be no more than 7 kg. If a Passenger carries Baggage that exceeds this weight, the Passenger will be charged according to ZIPAIR's Regulations.

Carry-on Baggage(Flights between Canada and Japan)

※ Each passenger may carry-on up to 7kg free of charge.

(2)A Passenger shall not carry into the cabin any Unchecked Baggage which ZIPAIR deems cannot be stowed safely in the cabin.

(3)Sharp knives, articles intended for cutting, and sports equipment should be placed in Checked Baggage, and shall not be brought into the cabin as Unchecked Baggage. This applies regardless of the material, type, and size of such articles. If such items are included in a Passenger's Unchecked Baggage, they may be disposed of without notice and will not be returned.

(4)If a Passenger is in possession of a syringe or needle, the Passenger shall declare such possession at the security checkpoint and shall present documentation or identification confirming the Passenger's medical condition, such as a diagnosis certificate by a qualified medical doctor.

ZIPAIR shall not be liable for any items refused to be carried or not carried as Baggage.

8.3 Checked Baggage

Carriage of Checked Baggage will be accepted if a Passenger pays the ancillary service charge specified in ZIPAIR's Regulations or if required by and in accordance with the Fare Rules. The method of collecting such ancillary service charges will be governed by ZIPAIR's Regulations.

Baggage Fees(Flights between Canada and Japan)

※ Each passenger can check-in up to 5 pieces of baggage, including sporting equipment.

For details, the Baggage Information.

Flights between Canada and Japan(Golf/Ski/Snowboard or Surfboard less than 200cm in length)

※ Each passenger can check-in up to 5 pieces of baggage, including sporting equipment.

Flights between Canada and Japan(Golf/Ski/Snowboard or Surfboard more than 200cm in length)

※ Each passenger can check-in up to 5 pieces of baggage, including sporting equipment.

Strollers, child seats, wheelchairs, and any other mobility aids required by the Passenger are accepted free of charge in accordance with ZIPAIR's Regulations.

The following items cannot be accepted as Checked Baggage:

• items of which the sum of length, height and width exceeds 203 cm (80 inches);
• items which weigh more than 30 kilograms (66 pounds);
• fragile, delicate, or perishable items (including electronic devices such as cameras);
• money, jewelry, precious metals, silverware, and any other items ZIPAIR considers to hold special value;
• negotiable papers, share certificates, securities, or other valuable documents;
• product samples;
• documents that prove a Passenger's identity such as passports and other travel documents; and/or
• items which are not properly packed in a suitcase or other suitable container to ensure safe carriage with ordinary care in handling.

ZIPAIR shall not be liable for any loss, inconvenience or damage suffered by a Passenger if he/she has failed to comply with ZIPAIR's requirements or criteria as set out under Montreal Convention in relation to Checked Baggage.

ZIPAIR will use reasonable endeavors to ensure that the Checked Baggage of a Passenger is carried on the same aircraft as the Passenger provided that, if ZIPAIR deems it difficult or impracticable, ZIPAIR may carry the Checked Baggage on any other flight in which such Baggage can be loaded within the maximum weight allowance or by any other transportation service.

8.4 Collection of Checked Baggage

A Passenger shall claim and receive his/her Baggage as soon as reasonably possible after it becomes receivable at the destination after checking the number on the Baggage Identification Tag and Baggage Identification Tag Receipt. Acceptance of delivery of Baggage by the bearer of the Baggage Identification Tag Receipt without his/her written complaint at the time of the delivery shall be understood to generally constitute evidence that the Baggage has been delivered in good condition and in accordance with the contract of Carriage. If a Passenger cannot find his/her Checked Baggage, the Passenger shall produce his/her Baggage Identification Tag Receipt to ZIPAIR or its appointed representative as soon as possible. ZIPAIR may, unless precluded by Applicable Laws and if time and other circumstances permit, deliver Checked Baggage to the bearer of a Baggage Identification Tag Receipt at the place of departure or unscheduled stopping place if he/she requests such delivery. In this case, ZIPAIR will not refund any charges paid for such Baggage.

8.5 Release of Checked Baggage by ZIPAIR

If a person claiming Baggage is not in possession of a Baggage Identification Tag Receipt, ZIPAIR will release the Baggage to such Passenger only if he/she:

• produces adequate proof of entitlement to it; and
• undertakes in writing to ZIPAIR that the Passenger will reimburse ZIPAIR for any loss, damage or expense incurred as a result of that release.

ZIPAIR shall not be obligated to ascertain that the bearer of a Baggage Identification Tag Receipt is truly entitled to accept delivery of the Baggage. ZIPAIR shall not be liable for any damage arising out of or in connection with its failure to so ascertain.

8.6 Disposal of Baggage by ZIPAIR

If a Passenger does not collect his/her Checked Baggage and the Passenger has not claimed it within 30 Days after the arrival date of flight, unless otherwise specified in Applicable Laws, ZIPAIR may dispose of such Baggage without any liability on ZIPAIR's part. ZIPAIR will make reasonable efforts to contact the Passenger through electronic mail and or phone, if available.

In addition, if ZIPAIR stores and delivers the Baggage, the Passenger shall be responsible for such storage and delivery costs.

ZIPAIR shall not be liable for any loss a Passenger may suffer as a result of the Passenger leaving any belongings in the cabin or in the airport terminal.

8.7 Collection of Incorrect Baggage

If a Passenger collects the wrong Baggage from the baggage carousel, it is the Passenger's responsibility to immediately return the Baggage, at the Passenger's own cost, to ZIPAIR or its appointed representative at the airport where the Passenger collected it.

We will make reasonable efforts to ensure that all checked baggage is available as soon as possible after a passenger's flight arrives at the gate and to avoid damage to the checked baggage. In the unlikely event your baggage does not arrive at your destination with you, we will initiate a search and make reasonable efforts to return the baggage to you within 24 hours. In the further unlikely event that your baggage cannot be located or your baggage is damaged, we will pay compensation for lost or damaged baggage as required by applicable international agreements and according to our Conditions of Carriage. Moreover, in cases of lost (even temporarily) or damaged baggage, we will reimburse passengers for any fees paid for carrying such baggage.

8.8 Musical Instruments

Musical Instruments as carry-on baggage:

The carrier will permit a passenger to bring on-board the aircraft cabin a small musical instrument, such as a violin or flute, as part of passenger's carry-on baggage allowance if,

• the instrument can be stowed safely in a suitable baggage compartment in the aircraft cabin or under the passenger seat, in accordance with the carrier's requirements for carriage of carry-on baggage; and,
• there is space for such stowage at the time the passenger boards the aircraft.

No additional fees will be collected if the total weight of the carry-on baggage, including the musical instrument, is under 7kg. For an additional fee of CAD52/JPY5,000, passengers may carry-on an additional 8kg (total 15kg) into the cabin.

Musical Instruments as checked baggage

• The carrier will permit a passenger to transport as checked baggage a musical instrument that cannot be carried in the aircraft cabin if;
  • the sum of the length, width, and height measured in centimetres of the outside linear dimensions of the instrument (including the case) does not exceed 203 centimetres
  • the weight of the instrument (including the case) does not exceed 30 kilograms or the applicable weight restrictions established for the aircraft;
  • the instrument can be stowed safely and securely in accordance with the carrier's requirements; and
  • the passenger has paid the applicable checked baggage fee, which would be CAD114/JPY11,000 per piece.
• A passenger has the option of checking suitable musical instruments if all applicable fees are paid.
• Musical instruments carried as checked baggage will be carried on the same aircraft as the passenger unless the baggage is delayed or the carrier decides that it is impractical to carry the baggage on the same aircraft. This will also include cases of substitution of aircraft. In case of baggage delay, the carrier will take necessary steps to inform the passenger of the status of the baggage and arrange to deliver the musical instrument to the passenger as soon as possible unless applicable laws require the presence of the passenger for customs clearance.
• Delicate musical instruments are not suitable for carriage as checked baggage. Passengers should contact the carrier or review its Web site for more information about which musical instruments are not suitable for carriage.

Exception: The carrier is not liable for the declared amount if it can prove that it is greater than the passenger’s actual interest in delivery at destination.

Part 9 – Carriage of persons with disabilities (ATPDR – Small Carrier)

Application

This rule applies to the transportation of persons with disabilities by ZIPAIR, which is a Small Carrier Non-ATPDR, that operates aircraft with 30 or more seats on its international transportation services.

Acceptance for carriage

The carrier will accept the determination made by or on behalf of a person with a disability as to self-reliance, unless doing so would impose undue hardship on the carrier, for example if it would jeopardize security, public health or public safety.

The carrier will not refuse to transport a person with a disability solely based on their disability unless the transportation of the person would impose an undue hardship on the carrier, for example, if it would jeopardize security, public health or public safety.

If the carrier refuses to transport a person with a disability for reasons related to their disability, it will, at the time of the refusal, inform the person of the reasons for the refusal. In addition, within 10 days of the refusal, the carrier will provide the person with a written notice setting out the reasons for the refusal including:

the evidence of undue hardship, such as a medical report, an expert opinion, or an engineering report that demonstrates that the risk is significant enough that it would be unreasonable to waive or modify a requirement;

any relevant rule, policy, procedure or regulation; and,

the duration of the refusal and the conditions, if any, under which the carrier would accept the person for transport.

Reservations – information about services and seating assignments

• If a person with a disability identifies the nature of their disability when making a reservation with a carrier, the carrier will:
  • discuss with the person their needs in relation to their disability and the services offered by the carrier in relation to those needs;
  • before assigning a passenger seat to a person with a disability, inform the person of the passenger seats that are available in the class of service that the person has requested and that have equipment and facilities that best meet the accessibility needs of that person, such as a wheelchair-accessible washroom or a passenger seat that has additional leg room, a larger seat pitch or movable armrests;
  • in assigning a passenger seat to a person with a disability, take into account the person’s opinion with respect to which seats would best meet the accessibility needs of that person; and
  • where a person is travelling with a support person, ensure that the person and the support person are seated together.
• The carrier will advise the person if information and/or documents are required to permit the carrier to assess any request for service, as per (F)(3) below. The carrier will also advise the person that the information and/or documents must be filed within 48 hours and that the assessment of the request may take up to 2 business days after receipt of the information and/or documents.

Confirmation of services and communication of information

• The carrier will indicate in the record of a person’s travel reservation the services that the carrier will provide to the person.
• The carrier will provide a written confirmation of the services that it will provide to the person.
• The carrier will ensure that any announcements made to passengers concerning stops, delays, schedule changes, connections, and on-board services and the claiming of baggage is in visual, verbal and/or written format.

Every reasonable effort

In all instances, the carrier will make every reasonable effort to provide a service requested by a person with a disability even if the person does not comply with any requirement in this section, to provide advance notice or to provide information and/or documents to permit the carrier to assess the request.

Services – 48 hours advance notice

Subject to the carrier's requirement for the person with a disability to provide information and/or documents, the carrier will provide the following services if requested by a person with a disability at least 48 hours prior to the scheduled time of departure of the person's flight:

• Assist the person with registration at the check-in counter;
• Assist the person in proceeding to the boarding area;
• Assist the person in boarding and deplaning;
• Periodically inquire about the needs of the person who is in a wheelchair, is not independently mobile and is waiting to board an aircraft, and attend to those needs;
• Allow the person, upon request, to board the aircraft in advance of other passengers, where time permits and where a person with a disability requests assistance in boarding or seating or in stowing carry-on baggage;Note: The carrier can require a person to board the aircraft in advance of other passengers in order that it has sufficient time to provide assistance even if the person with a disability does not request to do so, or the carrier can require a person to board after the other passengers if the person arrives at the boarding area after the end of priority boarding.
• Assist the person in stowing and retrieving carry-on baggage and retrieving checked baggage;
• provide, up to the time of departure of the aircraft, to individual persons with disabilities and their support person a briefing on emergency procedures and the layout of the cabin;
• Assist the person in moving to and from an aircraft lavatory;
• Assist the person in proceeding to the general public area or, in some cases, to a representative of another carrier;
• Transfer the person between the person’s own mobility aid and a mobility aid provided by the carrier;
• Transfer the person between a mobility aid and the person’s passenger seat;
• Serve the person special meals, where available, and provide limited assistance with meals, such as opening packages, identifying items and cutting large food portions;
• Periodically inquire with the person during a flight about a person’s needs and attend to those needs where the services are usually provided by the carrier or required to be provided under this provision;

Acceptance of mobility aids and other assistive devices

• The carrier will accept for carriage, free of charge, in addition to the regular baggage allowance, and as priority baggage, mobility aids and any other assistive devices, subject to any safety or security restrictions that would prevent such a device from being transported.
• Where a mobility aid is accepted for carriage, the carrier will:
  • disassemble and package, where necessary, the aid for transportation and unpackage and reassemble the aid upon arrival; and
  • return the aid promptly upon arrival.
• Where a carrier refuses to transport a mobility aid, the carrier will:
  • inform the person of the reason for refusal at the time of refusal; and,
  • advise the person of alternate transportation arrangements that the person may make to transport the aid, or of alternative trips for the person to travel with the aid.
• Where space permits, the carrier will store a person's manual folding wheelchair in the passenger cabin during the flight.
• Where space permits, the carrier will permit a person with a disability to retain in the person's custody any of the following small assistive devices that the person needs during travel:
  • a walker, a cane, crutches or braces;
  • any device that assists the person to communicate; and
  • any prosthesis or medical device such as a portable oxygen concentrator.

Acceptance of service animals

• The carrier will accept for transportation, without charge, a service animal required to assist a person with a disability provided that the animal is:
  • properly harnessed; and,
  • certified in writing as having been trained by a professional service animal institution.
• The carrier will permit the service animal to accompany the person with a disability on-board the aircraft and to remain on the floor at the person’s passenger seat. For the comfort of all passengers, the carrier staff will determine, in consultation with the person with a disability, where the person and service animal will be seated.
• The carrier will assign a seat to the person which provides sufficient space for the person and the service animal. Where there is insufficient floor space in the seat row of the person’s passenger seat, the carrier will permit the service animal to remain on the floor in an area where the person can still exercise control over the animal.
• The person is responsible for complying with all laws, regulations, orders, demands, and travel requirements of countries to be flown from, into or through, in respect to the service animal. In particular, the person is responsible for obtaining valid health and vaccination certificates, entry permits and other documents required by countries, states or territories for entry or transit of any service animal that is to accompany the person.
• The carrier may refuse to transport a service animal if the person with a disability fails to have in their possession documentation at the time of check-in which demonstrates that the animal has all the necessary valid health and vaccination certificates, entry permits and other documents required by countries, states or territories for entry or transit.
• When travel involves more than one carrier, it is the responsibility of the person to verify the policy of each carrier involved in the itinerary and ensure that the requirements of each carrier have been met and that each carrier is aware of and has agreed to carry the service animal on its own aircraft.

Other services for persons with disabilities

ZIPAIR does not offer any pre-paid oxygen and/or stretcher service on its scheduled services.

Part 10 – Check-in

A Passenger is required to present his/her valid Itinerary and identification documents or identity verification documents indicated as required by ZIPAIR when checking-in. In addition, when boarding an aircraft, it is necessary for a Passenger to present his/her valid boarding pass and documents indicated as required by ZIPAIR at the boarding gate. In the absence of such items and documents, ZIPAIR may refuse to carry the Passenger.

A Passenger must arrive at ZIPAIR's check-in counter and the boarding gate by the times indicated by ZIPAIR or, if no time is indicated, sufficiently in advance of the flight departure such that there is sufficient time for the Passenger to have check-in and departure procedures completed by the departure time of the flight. If a Passenger fails to arrive at ZIPAIR's check-in counter or the boarding gate by the time indicated by ZIPAIR or is unable to depart due to improper or incomplete exit, entry or any other necessary documentation required for his/her departure, ZIPAIR may cancel his/her reservation of a seat and will not delay the flight for the Passenger. Unless otherwise specified in Applicable Laws, applicable fare, ancillary service charges and other charges will not be refunded if the Passenger cannot board the flight in time due to such a failure to arrive at the indicated times. ZIPAIR shall not be liable to the Passenger for any loss incurred by the Passenger as a result of their failure to comply with the provisions of this Article.

Part 11 – Security Inspection

• A Passenger shall submit to any security check required by government or airport officials or by ZIPAIR, unless it is specifically deemed unnecessary by government or airport officials or by ZIPAIR.
• ZIPAIR or any government or airport official will inspect the contents of a Passenger's Baggage by opening his/her Baggage and/or by using some device in the presence of the Passenger concerned or a third person, for the purpose of security (including but not limited to the prevention of unlawful acts of seizure, exercise of control or destruction of aircraft) and/or for any other reason. Notwithstanding the foregoing, ZIPAIR may inspect the Passenger's Baggage in his/her or a third person's absence to see whether he/she is in possession of, or his/her Baggage contains, any prohibited item referred to in Article 9.1 (Prohibited Items).
• ZIPAIR or any government or airport official will search a Passenger's articles by touching the Passenger through his/her clothes and personal fittings including wigs or by using instruments such as a metal detector, for the purpose of security (including but not limited to the prevention of unlawful acts of seizure, exercise of control or destruction of aircraft) and/or for any other reason.
• When a Passenger does not agree with ZIPAIR's inspection as specified in sub paragraph (2) of this Article, ZIPAIR will refuse to carry such a Passenger's Baggage.
• When a Passenger does not agree with ZIPAIR's search as specified in sub paragraph (3) of this Article, ZIPAIR will refuse to carry such a Passenger.
• When such prohibited items as specified in Article 8.1 (Prohibited Items) have been found as a result of such inspection or search as specified in sub paragraphs (2) or (3) of this Article, ZIPAIR may refuse to carry such Baggage, or may dispose of such Baggage upon notifying the Passenger.

Part 12 – Refusal and Limitation of Carriage

12.1 Right to Refuse Carriage, Etc.

ZIPAIR may refuse Carriage of, or remove, any Passenger, and his/her Baggage will be handled in the same way, if ZIPAIR determines in its reasonable discretion that:

• the Passenger has failed to comply with any applicable law, rule, regulation or order or these Conditions of Carriage;
• the Passenger may unlawfully seek to enter a country through which he/she is in transit by means of destroying his/her documentation required for exit, entry, or other purposes or other ways;
• the Passenger has refused to accept ZIPAIR's request by reason of protecting an unlawful entry to a country to entrust his/her documentation to be held temporarily by a crew member in exchange of ZIPAIR's receipt thereof;
• a person who is refused carriage for a period of time or to whom a probation notice is served may provide to the carrier, in writing, the reasons why they believe they no longer pose a threat to the safety or comfort of passengers or crew, or to the safety of the aircraft. Such document may be sent to the address provided in the refusal to carry notice or the notice of probation. The carrier will respond to the passenger within a reasonable period of time providing carrier’s assessment as to whether it remains necessary to continue the ban or maintain the probation period.
• the Passenger has refused to allow a security check to be carried out on the Passenger or his/her Baggage;
• the Passenger has a serious illness/injury, infectious disease or is suspected to have an infectious disease;
• the Passenger may cause discomfort or makes himself/herself objectionable to other Passengers;
• the Passenger has failed to complete the check-in process 60 minutes prior to departure or fails to arrive at the boarding gate before door closure;
• the Passenger does not have the necessary documentation for carrying the Passenger or Baggage required for exit, entry into a country;
• the Passenger may cause harm to himself/herself or to other persons or an aircraft or any property;
• the Passenger obstructs ground staff or any crew member in performing his/her duties;
• the Passenger has failed to comply with any instruction of ground staff or any crew member;
• the Passenger uses threatening, abusive or insulting words towards ground staff or any crew member of the aircraft or other passenger or otherwise behaves in a threatening manner;
• the Passenger is drunk or under the influence of alcohol or drugs;
• the Passenger has not complied with the medical requirements in ZIPAIR's Regulations;
• the Passenger's mental or physical state is a danger or risk to the Passenger, the aircraft, or any person in it;
• the Passenger smokes in aircraft cabin (an act of smoking includes use of cigar cigarette, electronic cigarette, electronic vaporizer style cigarettes, or any use of smoking device in aircraft cabin.);
• the Passenger has refused to or has failed to pay any applicable fares, charges or taxes;
• the Passenger cannot prove that the Passenger is the person specified in the Booking on which he/she wishes to travel;
• the Passenger's Booking and/or Ticket cannot be confirmed;
• the Passenger's Booking and/or Ticket has been acquired unlawfully, such as through an unauthorized transaction by the cardholder;
• the Passenger's Booking and/or Ticket has been acquired from someone other than ZIPAIR or its Authorized Agent; or
• the Passenger's Booking and/or Ticket is counterfeit or otherwise invalid.

For the avoidance of doubt, if Carriage of a Passenger is refused in accordance with this Article 11.1 no refund of the Ticket (including any and all applicable fares, ancillary service charges and other charges) will be available. In the event the Passenger acts in a manner falling under paragraphs (10), (11),(12) and/or (13) above, ZIPAIR may take such measures as it deems necessary to prevent continuation of such conduct, including through restraint of the Passenger. If ZIPAIR determines in its reasonable discretion that it is necessary to offload the Passenger as a result of the Passenger engaging in any conduct described in this Article 11.1, the Passenger may be refused further Carriage by ZIPAIR and may be prosecuted for offences committed on board the aircraft.

The Passenger shall be responsible for and indemnify ZIPAIR for any and all costs and expenses associated with a flight diversion or landing at an unscheduled airport as a result of the Passenger engaging in any conduct described in this Article 11.1. Such costs and expenses shall include, but not be limited to, fuel, landing, take off and parking charges.

12.2 Conditional Acceptance for Carriage

If a Passenger whose status, age or mental or physical condition may cause any hazard or risk to himself/herself is carried, ZIPAIR shall not be liable for death of, or any injury, illness, wounding, or disability suffered by, the Passenger or any aggravation or consequences thereof due to such status, age or mental or physical condition.

12.3 Limitation on Carriage

(1)Acceptance of Carriage of unaccompanied Passenger who is 14 years or younger or Infants, incapacitated persons, pregnant women without a support person shall be subject to ZIPAIR's Regulations and may require a prior arrangement with ZIPAIR. For those applicable passengers, refer below:

- Unaccompanied Passenger 14 years and under – Children under the age of 14 are unable to travel alone on ZIPAIR.

- Pregnant Passenger - Pregnant passengers cannot travel if the expected due date is within 14days. For pregnant passengers who will be boarding within 28 days of giving birth, including the due date, please contact our contact center as you will require a medical information form.

- Incapacitated Passenger - Customers who find it difficult to do things by themselves need to fly with a support person accompanying them in the same class. The support person should provide care and assistance at the airport, when boarding, during the flight and when deplaning, and should please give guidance and assistance at the time of an emergency.

A support person for the purposes of the paragraph above is a Passenger who is 16 years or older who can properly assist and supervise the accompanying Passenger.

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

Part 13 – Refusal of Entry and Fines

13.1 Refusal of Entry

• A Passenger shall present to ZIPAIR all exit, entry or other necessary documents required by Applicable Laws and shall permit ZIPAIR, if ZIPAIR at its reasonable discretion deems it necessary, to make and retain copies thereof. The fact that ZIPAIR carries a Passenger after presentation of exit, entry, or other documents to ZIPAIR does not mean that ZIPAIR guarantees that such documents comply with the Applicable Laws.
• A Passenger shall indemnify ZIPAIR for any loss or damage incurred by ZIPAIR, in connection with the Passenger's failure to comply with this Article.
• A Passenger shall pay the applicable fares, ancillary charges, and expenses whenever ZIPAIR is required by any Applicable Laws to return the Passenger to his/her place of departure or elsewhere because the Passenger is not permitted to enter a country of transit or Destination.
• ZIPAIR may apply to the payment of such fares, charges, and expenses any fares and/or charges paid by the Passenger to ZIPAIR for any unused portion of the Ticket or any funds of the Passenger in the possession of ZIPAIR.
• ZIPAIR will not refund the fare collected for Carriage to the point of such refusal of entry or deportation.

13.2 Reimbursement of costs

If ZIPAIR is ordered to pay any fine or penalty at any time, or incur any expense, costs, loss or damage ("Losses") by reason of a Passenger being denied entry into any country, or because of a Passenger's failure to comply with any law, regulation, order or requirement, or because of a Passenger's behavior, health or medical condition, the Passenger must reimburse ZIPAIR for all Losses and all legal costs and other expenses reasonably incurred. ZIPAIR may offset these costs and Losses with applicable fares, ancillary service charges and other charges paid to ZIPAIR for non-boarded segments.

Part 14 – Liability of Carriers

14.1 Applicable Laws

• Carriage performed by ZIPAIR shall be subject to the rules and limitations relating to liability established by the Montreal Convention unless such carriage does not apply under the Montreal Convention. Where a Montreal Convention is applicable it may limit the liability of ZIPAIR in respect of death or injury and for destruction or loss of, or damage to, baggage, and for delay.
• To the extent not in conflict with the provisions of the preceding sub-paragraph (1), any Carriage and other services to be performed or provided by ZIPAIR shall be subject to:
  • Applicable Laws; and
  • these Conditions of Carriage and ZIPAIR's Regulations, which may be inspected at any of ZIPAIR's business offices and its offices in any airport from which it operates regular services.

14.2 Limitation of Liability

• Except as otherwise provided by the Montreal Convention or Applicable Laws, ZIPAIR's liability for death of, or wounding or other bodily injury to, a Passenger, delay in arrival of a Passenger and/or his/her Baggage, or any loss of or damage to any Baggage of a Passenger (hereinafter collectively referred to as "Damage") arising out of or in connection with Carriage or other services incidental thereto performed or provided by ZIPAIR shall be as described hereinafter. If there has been contributory negligence on the part of the Passenger, ZIPAIR's liability shall be subject to the applicable law relating to contributory negligence.
• ZIPAIR shall not be liable for any Damage in respect of Unchecked Baggage not attributable to negligence of ZIPAIR. Assistance rendered to a Passenger by a representative, officer, employee, or agent of ZIPAIR in loading, unloading or trans-shipping Unchecked Baggage shall be considered as gratuitous service to the Passenger.
• ZIPAIR shall not be liable for any Damage directly or indirectly arising out of its compliance with any Applicable Laws, failure of a Passenger to comply with the same or any cause beyond ZIPAIR's control.
• In relation to a Passenger's Baggage:
  • In the case of Carriage subject to the Montreal Convention, ZIPAIR's liability for Baggage shall be limited to 1,519 SDR for each Passenger.
  • In the case of Carriage of Checked Baggage from or to a point or points in the United States of America, Canada or any other country provided in ZIPAIR's Regulations, ZIPAIR's liability shall also be subject to the preceding sub-paragraph (4).
• ZIPAIR shall not be liable for any Damage with respect to a Passenger's Baggage if and to the extent that the damage resulted from the inherent defect, quality, or vice of the baggage.
• ZIPAIR shall not be liable for any Damage to items which are included in a Passenger's Checked Baggage, if and to the extent that the damage resulted from the inherent defect, quality, or vice of the item, irrespective of ZIPAIR's knowledge thereof.
• ZIPAIR may refuse to accept any article which shall not constitute baggage under these conditions of carriage. However, if the article is delivered to and received by ZIPAIR, it shall be subject to the baggage valuation and limitation of liability set forth in these conditions of carriage and shall be subject t the rates and charges published by ZIPAIR.
• ZIPAIR shall not be liable in any event for any consequential or special damage or punitive damages arising from Carriage complying with these Conditions of Carriage and ZIPAIR's Regulations, whether or not ZIPAIR had knowledge that such damage might arise.
• Unless otherwise provided in these Conditions of Carriage, ZIPAIR reserves any and all right of defense available under the Montreal Convention.
• Any exclusion or limitation of liability of ZIPAIR under these Conditions of Carriage and ZIPAIR's Regulations shall also apply to any of ZIPAIR's representatives, officers, employees, or agents performing their respective duties and to any person or entity whose aircraft is used by ZIPAIR for Carriage and any of its representatives, officers, employees or agents performing their respective duties. The aggregate amount of the damages payable by ZIPAIR or its representatives, officers, employees, or agents shall not exceed the amount of ZIPAIR's limitation of liability under these Conditions of Carriage.
• Carrier liability under the APPR: The carrier operating a flight is liable to passengers with respect to the obligations set out in sections 7 to 22 and 24 of the APPR, or, if they are more favorable to those passengers, the obligations on the same matter that are set out in the applicable tariff.

14.3 Self Identification (APPR / ATPDR)

For the purposes of establishing obligations toward passengers under the APPR, ZIPAIR declares that it is a Small Carrier APPR.

For the purposes of establishing obligations toward passengers with disabilities under the ATPDR or otherwise, ZIPAIR declares that it is a Small Carrier Non-ATPDR operating aircraft with 30 or more passenger seats. The carrier will have accessibility obligations toward persons with disabilities based on the ATR and the Agency`s Codes of Practice, or on human rights principles.

Part 15 – Time Limitations on claims and actions

15.1 Time Limitation on Claims

No claim for damage may be made in the case of damage to Baggage, unless the person entitled to delivery complains to an office of ZIPAIR forthwith after the discovery thereof and no later than 7 Days from the date of receipt; and, in the case of delay or loss, unless the complaint is made no later than 21 Days from the date on which the Baggage has been (in the case of delay) or should have been (in the case of loss) placed at his/her disposal. Every complaint must be in writing and dispatched within the time aforesaid. In case Carriage is not "International Carriage" as defined in the Montreal Convention, failure to give such notice of complaint shall not prevent a claimant from filing a suit if the claimant proves that:

• it was not reasonably possible for him/her to give such notice;
• fraud on the part of ZIPAIR induced the claimant not to give such notice; or
• ZIPAIR had knowledge of the damage to the Passenger's Baggage.

15.2 Time Limitation on Actions

Any right to damages against ZIPAIR shall be extinguished unless an action is brought by the relevant Passenger within 2 years from the date of arrival at the Destination, from the date on which the aircraft ought to have arrived, or from the date on which the Carriage was terminated or cancelled.