Japan — filed conditions of carriage, the Consumer Contract Act and the Montreal Convention

The clocks it starts

• Two years for a Montreal Convention claim (Art. 35)This is the limitation period for the Convention claim for proven delay damages on international carriage, not for any national compensation scheme, which may have its own. It is fatal to the Convention claim specifically, and correspondence does not suspend it.Montreal Convention 1999, Art. 35(1) — Art. 35(1)Limitation period

What it entitles you to, beyond money

• The filed conditions of carriage are enforceable promisesUnder Art. 106 of the Civil Aeronautics Act a carrier must file its conditions of carriage and have them approved. Those conditions state what the carrier will do when a flight is delayed or cancelled — rerouting, refunds, in some cases accommodation. Quote the article number of the carrier's 運送約款 back at it. A passenger citing the airline's own approved document is in a different position from one asking for goodwill.
• The Consumer Contract Act limits what the carrier can disclaimArt. 8 of the Consumer Contract Act voids a clause that wholly exempts a business operator from liability for damages caused by its non-performance, and Art. 10 voids a term that unilaterally prejudices the consumer contrary to the principle of good faith. Airline conditions of carriage routinely contain broad exclusions for schedule changes. Those exclusions are not automatically effective against a consumer, and saying so is the difference between a claim and a complaint.
• Damages for non-performance under the Civil CodeWhere the carrier simply did not perform what it contracted to perform, Art. 415 of the Civil Code gives damages for the loss caused, subject to the carrier showing the failure was not attributable to it. On a domestic Japanese flight this is the substantive claim, and Japanese small-claims procedure is designed for exactly this size of dispute.
• The National Consumer Affairs Center is the practical routeThe National Consumer Affairs Center and the local consumer affairs centres reachable on the 188 line take complaints against airlines, advise, and can refer a dispute into their alternative dispute resolution process. It costs nothing and Japanese businesses engage with it seriously.
• Montreal Convention damages for delay (international carriage)On international carriage between States Parties, Art. 19 of the Montreal Convention makes the carrier liable for the damage the delay actually caused you — the unused hotel night, the missed onward booking, the extra meals and transport — unless it proves it took all measures that could reasonably be required. It is capped at 6,303 SDR per passenger (the figure ICAO set with effect from 28 December 2024) and it requires receipts, not a formula. This claim exists independently of any national scheme, and airlines never mention it. The right is extinguished two years after arrival under Art. 35.Art. 19, Art. 22(1)

Where to take it next

1. 01Written claim to the airlineWrite to the carrier quoting the specific article of its filed 運送約款 that it did not honour, and the loss you incurred. Ask for a written answer identifying the provision it relies on.Claim direct·typically 30 days
2. 02国民生活センター / 消費生活センター (National and local Consumer Affairs Centers)Consumer counselling on the 188 line, and referral into consumer ADR. Free, and taken seriously by Japanese carriers.Regulator·typically 90 days·official page
3. 03国土交通省 航空局 (Civil Aviation Bureau, MLIT)The Bureau approves conditions of carriage and supervises carriers. It does not adjudicate individual compensation claims and will not order payment, but a complaint that a carrier is not honouring its approved conditions is squarely within its remit.Regulator·typically 90 days·official page
4. 04少額訴訟 (small claims procedure)Binding on themA single-hearing procedure in the Summary Court for claims up to JPY 600,000, designed to be used without a lawyer. Realistic for a delay claim built on receipts.Small claims·typically 180 days