Standard Terms and Conditions of Travel Contracts (Agent-Organized Package Tour Contracts)
- Bonded Member of the Japan Association of Travel Agents
- Company Name Hankyu Travel International Co., Ltd.
Chapter 1 General Provisions
(Scope of Application)
| Article 1 |
A contract for an Agent-Organized Package Tour which this company (hereinafter referred to as "the Company") concludes with a traveler (hereinafter referred to as "Agent-Organized Package Tour Contract") shall be subject to the provisions of these Standard Terms and Conditions. Matters not provided for in these Standard Terms and Conditions shall be governed by laws, ordinances, regulations and generally established practices. |
| 2. | If the Company has entered into a special agreement in writing without violating the laws, ordinances and regulations and within the scope not unfavorable for the traveler, that special agreement, notwithstanding the provisions of the preceding Paragraph, shall prevail. |
(Definition of Terms)
| Article 2 |
An "Agent-Organized Package Tour" as stated in these Standard Terms and Conditions means travel for which the Company prepares in advance, for the soliciting of travelers, a tour plan in which the destination and itinerary of the tour, the contents of the transportation or accommodation services which the traveler is entitled to receive, and the amount of the tour fee that the traveler should pay to the Company are specified, and which the Company operates according to such plan. |
| 2. | As stated in these Standard Terms and Conditions, "Domestic Travel" means travel only within Japan and "Overseas Travel" means travel other than Domestic Travel. |
| 3. | A "Contract by Correspondence" as stated in this section means an Agent-Organized Package Tour Contract, which the Company concludes with a card member of the credit card company with which the Company, or a company which sells the Company's Agent-Organized Package Tour as an agent of the Company, is affiliated (hereinafter referred to as "Affiliated Company") by receiving an application by telephone, mail, facsimile, or any other means of communication with which the traveler agrees in advance to settle the credits or debts for the tour fee, etc., based on the Agent-Organized Package Tour Contract which the Company has with the traveler on or after the date on which such credits or debts should be settled in accordance with the card membership rules of the Affiliated Company separately established, and with which the traveler pays the tour fee, etc., under the Agent-Organized Package Tour Contract in accordance with the methods stipulated in Article 12, Paragraph 2, the latter part of Article 16, Paragraph 1, and Article 19, Paragraph 2. |
| 4. | An "Electronic Acceptance Notice" as stated in this section means a notice of acceptance in response to an application for a contract, which is sent by, among methods using information communication technology, a method of transmission through a telecommunication line connecting the computer, facsimile machine, telex or telephone (hereinafter referred to as "Computer, etc.") used by the Company, or a company which sells Agent-Organized Package Tours as an agent of the Company, and the Computer, etc., used by the traveler. |
| 5. | A "Card Use Date" as stated in these Standard Terms and Conditions means the date on which the traveler or the Company should pay the tour fee, etc., or settle the refund debts in accordance with the Agent-Organized Package Tour Contract. |
(Contents of Tour Contract)
| Article 3 |
Under an Agent-Organized Package Tour Contract, the Company undertakes to make arrangements and manage the itinerary so that the traveler may receive transportation, accommodation, and other services relating to the tour (hereinafter referred to as "Tour Services") provided by transportation, accommodation facilities, etc., in accordance with the itinerary established by the Company. |
(Arrangements Agent)
| Article 4 |
In performing an Agent-Organized Package Tour Contract, the Company may have another travel agent, a person handling travel arrangements as a business, or any other auxiliary in or outside Japan perform arrangements in whole or in part as an agent. |
Chapter II Conclusion of Contract
(Application for Contract)
| Article 5 |
A traveler who intends to apply to the Company for an Agent-Organized Package Tour Contract must enter the prescribed matters in an application form prescribed by the Company (hereinafter referred to as "Application Form") and submit it to the Company together with the application fee, the amount of which is separately specified by the Company. |
| 2. | Notwithstanding the provisions of the preceding Paragraph, a traveler who intends to apply to the Company for a Contract by Correspondence must inform the Company of the title of the Agent-Organized Package Tour for which he/she intends to apply, the date of commencement of the tour, the membership number, and other matters (hereinafter referred to as "Membership Number, etc."). |
| 3. | The application fee referred to in Paragraph 1 shall be treated as part of a tour fee or a cancellation fee or a penalty. |
| 4. | A traveler who requires special attention when participating in an Agent-Organized Package Tour is requested to inform the Company of such requirements when applying for the Agent-Organized Package Tour Contract. Then, the Company will accommodate the requirements to the extent deemed feasible and reasonable. |
| 5. | The cost required for special measures taken by the Company for the traveler in accordance with the information referred to in the preceding Paragraph shall be borne by the traveler. |
(Reservation by Telephone, etc.)
| Article 6 |
The Company accepts reservations for an Agent-Organized Package Tour Contract by telephone, mail, facsimile or other means of communication. In such cases, the contract is not in effect at the time of the reservation, and the traveler, after the Company has informed him/her of the acceptance of the reservation, must submit an Application Form and the application fee, or inform the Company of the Membership Number, etc., in accordance with the provisions of Paragraph 1 or 2 of the preceding Article, within the period specified by the Company. |
| 2. | When the Application Form and the application fee have been submitted or the Membership Number, etc., have been informed in accordance with the provisions of the preceding Paragraph, the order for the conclusion of the Agent-Organized Package Tour Contract shall be according to the order of receipt of the reservation concerned. |
| 3. | If the traveler has not submitted the application fee or has not informed the Company of the Membership Number, etc., within the period referred to in Paragraph 1, the reservation shall be voided. |
(Refusal of Conclusion of Contract)
| Article 7 |
In any of the following cases, the Company may not agree to conclude an Agent-Organized Package Tour Contract: |
| (1) If any of the conditions of a participating traveler, with respect to gender, age, qualifications, skills, etc., specified by the Company in advance is not met. | |
| (2) If the number of applying travelers has reached the intended number. | |
| (3) If the traveler is likely to cause trouble for other travelers or interfere with the smooth conducting of the collective activities of tour participants. | |
| (4) If, in a case when attempting to conclude a Contract by Correspondence, the traveler is unable to settle his/her debts relating to the tour fee, etc., in whole or in part, in accordance with the card membership rules of the Affiliated Company, for such reasons as the traveler's credit card being invalid, etc. | |
| (5) If the traveler is found to be a member of a crime syndicate, an associate member of a crime syndicate, a person affiliated with a crime syndicate, a company affiliated with a crime syndicate, corporate racketeers or other organized crime. | |
| (6) If the traveler makes violent or unreasonable demands of the Company, speaks or acts in a threatening way or uses violence with regard to a transaction, or engages in similar behavior. | |
| (7) If the traveler spreads rumors or uses fraudulent means or intimidation to discredit the Company, or engages in acts to interfere with the business of the Company, or engages in similar behavior. | |
| (8) Due to other operational reasons of the Company. |
(Time of Entry into Effect of Contract)
| Article 8 |
An Agent-Organized Package Tour Contract shall enter into effect when the Company has consented to the conclusion of the contract and received the application fee referred to in Article 5, Paragraph 1. |
| 2. | Notwithstanding the provisions of the preceding Paragraph, a Contract by Correspondence shall enter into effect at the time the Company has issued a notice to the effect that the Company agrees to the conclusion of the contract. However, if an Electronic Acceptance Notice is issued under the contract, the contract shall enter into effect at the time such notice has reached the traveler. |
(Issue of Contract Document)
| Article 9 |
The Company shall issue to the traveler a document mentioning the itinerary, the contents of Tour Services, the tour fee, and other tour conditions and matters relating to the Company's responsibilities (hereinafter referred to as "Contract Document") promptly after the conclusion of the contract as established in the preceding Article. |
| 2. | The scope of the Tour Services for which the Company assumes the obligation to make arrangements and manage the itinerary under an Agent-Organized Package Tour Contract is according to what is stated in the Contract Document referred to in the preceding Paragraph. |
(Final Documents)
| Article 10 |
If it is not possible to mention the finalized itinerary or name of transportation or accommodation facilities in a contract document referred to in Paragraph 1 of the preceding Article, after having issued the contract document mentioning the names of the accommodation facilities scheduled to be used and specific transportation facilities that are deemed important to be indicated, a document mentioning the final situation of these matters (hereinafter referred to as "Final Document") shall be issued by the date specified in the contract document not later than the day preceding the date of commencement of the tour (or the day of commencement of the tour in case that the application for the Agent-Organized Package Tour Contract has been made on or after the 7th day prior to the day preceding the date of commencement of the tour). |
| 2. | In the case referred to in the preceding Paragraph, if an inquiry has been received from the traveler who wishes to confirm the arrangements situation, the Company will reply in a prompt and appropriate manner, even before the issue of the Final Document. |
| 3. | If the Final Document referred to in Paragraph 1 has been issued, the scope of Tour Services for which the Company assumes liability for making arrangements and managing the itinerary in accordance with the provisions of Paragraph 2 of the preceding Article shall be defined according to what is mentioned in the Final Document. |
(Method of Using Information and Communications Technology)
| Article 11 |
Having obtained the traveler's agreement in advance, if the Company, in place of the document mentioning the itinerary, the contents of Tour Services, the tour fee, and other conditions for the tour and matters concerning the responsibility of the Company, the Contract Document or the Final Document to be issued to the traveler in concluding an Agent-Organized Package Tour Contract, has provided the matters which should be mentioned in these documents (hereinafter referred to in this Article as "Matters To Be Mentioned") by a method using information and communications technology, it will confirm that the Matters To Be Mentioned have been recorded in the file kept in the communications equipment used by the traveler. |
| 2. | In the case of the preceding Paragraph, if a file to record the Matters To Be Mentioned is not kept in the communications equipment used by the traveler, the Matters To Be Mentioned will be recorded in the file kept in the communications equipment used by the Company (which must be made available only to the traveler concerned) and it will be confirmed that the traveler has read them. |
(Tour Fee)
| Article 12 |
The traveler must pay the tour fee to the Company, the amount of which is mentioned in the Contract Document, by the date mentioned in the Contract Document not later than the date of commencement of the tour. |
| 2. | If the Company has entered into a Contract by Correspondence, it shall be paid the tour fee, the amount of which is mentioned in the Contract Document, by a card of the Affiliated Company without the traveler's signature on the prescribed payment slip. Furthermore, the card use date shall be considered to be the date on which the Tour Contract enters into effect. |
Chapter III Change in Contract
(Change in Contract Contents)
| Article 13 |
If a natural disaster, war, rioting, the suspension of the provision of Tour Services of transportation and accommodation facilities, etc., an order of a government or other public offices, the provision of transportation services not scheduled in the original service plan, or any other event in which the Company is unable to intervene has occurred, and if it is unavoidable in order to secure the safe and smooth operation of the tour, the Company may change the itinerary, the contents of Tour Services, or other contents of the Agent-Organized Package Tour Contract (hereinafter referred to as "Contract Contents"), having explained promptly in advance to the traveler the reason that the event concerned is one which cannot be intervened in and the causal relation with the event concerned. However, in case of emergency and if it is unavoidable, such explanation will be given after the change has been made. |
(Change in Tour Fees)
| Article 14 |
If the fares and charges which are applied to the transportation facilities used in operating an Agent-Organized Package Tour (hereinafter in this Article referred to as "Applicable Fares and Charges") are increased or reduced significantly, beyond the extent normally expected in comparison with the Applicable Fares and Charges published as effective at the time of specifying them at the solicitation for the Agent-Organized Package Tour, due to a significant fluctuations in economic conditions, etc., the Company may increase or reduce the amount of the tour fee, within the amount increased or reduced. |
| 2. | In the event that the Company decides to increase the tour fee in accordance with the provisions of the preceding Paragraph, it shall notify the traveler to that effect no later than the 15th day prior to the day preceding the date of commencement of the tour. |
| 3. | If the Applicable Fares and Charges as stated in Paragraph 1 are reduced, the Company will reduce the tour fee only by the amount of such reduction in accordance with the provisions of the same Paragraph. |
| 4. | If the cost of operating the tour is reduced or increased due to a change in the contract contents in accordance with the provisions of the preceding Article (including cancellation fees, penalties and other fees that have already been paid or which are due to be paid for Tour Services that could not be used because of the changes) (excluding cases where the increase in the cost has resulted from insufficient seats, rooms or any other facilities of the transportation and accommodation facilities, etc., despite the fact that the Tour Services are provided by the transportation and accommodation facilities, etc.), the Company may change the amount of the tour fee within the amount of such reduction or increase at the time of said change in the contract contents. |
| 5. | If the Company specifies in the Contract Document are dependent on the number of users of the transportation/accommodation facilities, etc., and if, after the entry into effect of the Agent-Organized Package Tour Contract, there is a change in the number of the participants due to reasons not attributable to the Company, the Company may change the amount of the tour fee in accordance with what is mentioned in the Contract Document. |
(Change in Traveler)
| Article 15 |
A traveler who has concluded an Agent-Organized Package Tour Contract may transfer his/her status in the contract to a third party with the approval of the Company. |
| 2. | If a traveler intends to seek the approval of the Company as stated in the preceding Paragraph, he/she must fill in the required information in the form specified by the Company and submit it to the Company together with the specified handling fee. |
| 3. | The transfer of the status under the contract referred to in Paragraph 1 shall become valid by the consent of the Company, and the third party that received the transfer of status in the Tour Contract shall thereafter succeed all of the traveler’s rights and responsibilities under the Agent-Organized Package Tour Contract in question. |
Chapter IV Cancellation of Contract
(Traveler's Right of Cancellation)
| Article 16 |
A traveler may cancel an Agent-Organized Package Tour Contract at any time upon payment to the Company of the cancellation fee specified in Schedule I. In case of cancellation of a Contract by Correspondence, the Company shall be paid the cancellation fee using a card of the Affiliated Company without the signature of the traveler on the prescribed payment slip. |
| 2. | Notwithstanding the provisions of the preceding Paragraph, a traveler may cancel an Agent-Organized Package Tour Contract prior to the start of the tour without paying a cancellation fee in any of the following cases. |
| (1) If the Contract Contents have been changed by the Company. However, this is applicable only when the change is one mentioned in the upper section of Schedule II or other significant change. | |
| (2) If the tour fee has been increased in accordance with the provisions of Article 14, Paragraph 1. | |
| (3) In cases where a natural disaster, war, rioting, the suspension of the provision of Tour Services of transportation and accommodation facilities, etc., an order of a government or other public offices, or any other event has occurred, and the safe and smooth operation of the tour has become impossible or there is a very large possibility of such impossibility arising. | |
| (4) If the Company has failed to issue to the traveler the Final Document by the date prescribed in Article 10, Paragraph 1. | |
| (5) When tour operation as specified in the Contract Document becomes impossible owing to factors attributable to the Company. | |
| 3. | If, after the commencement of the tour, a traveler has become unable to receive the Tour Services mentioned in the Contract Document due to causes not attributable to the traveler, or if the Company has informed him/her to that effect, the traveler may, notwithstanding the provisions of Paragraph 1, cancel that part of the contract for which he/she has become unable to receive the Tour Services, without payment of the cancellation fee. |
| 4. | In the case referred to in the preceding Paragraph, the Company shall refund the traveler, out of the tour fee, the amount for that part of the Tour Services which he/she has become unable to receive. However, if the case referred to in the preceding Paragraph is due to causes not attributable to the Company, the Company will refund the said amount to the traveler less the amount of the cancellation fee, the penalty, and any other cost which have already been paid or must be paid in the future with respect to the Tour Services concerned. |
(Right of Cancellation, etc. of the Company – Cancellation before Commencement of Tour)
| Article 17 |
The Company may cancel an Agent-Organized Package Tour Contract before the commencement of the tour, explaining the reason to the traveler, in any of the following cases. |
| (1) When it is found that the traveler does not satisfy the conditions for a participating traveler with respect to gender, age, qualifications, skills, etc., which the Company has specified in advance. | |
| (2) If it is considered that the traveler is not fit for the tour concerned for reasons of illness, absence of a required assistant or other reasons. | |
| (3) If it is considered that the traveler may give trouble to other travelers or disturb the smooth operation of the group tour. | |
| (4) If the traveler has demanded a burden exceeding a reasonable extent in relation to the Contract Contents. | |
| (5) If the number of travelers has not reached the minimum number of participants mentioned in the Contract Document. | |
| (6) If there is a great possibility that the conditions for the operation of the tour, such as the required amount of snowfall in case the tour is for the purpose of skiing, which have been specified at the time of concluding the contract, will not be fulfilled. | |
| (7) If a natural disaster, war, rioting, the suspension of the provision of Tour Services of transportation and accommodation facilities, etc., an order of a government or other public offices, or any other event in which the Company is unable to intervene has occurred, and the safe and smooth operation of the tour in accordance with the itinerary mentioned in the Contract Document has become impossible, or there is a very large possibility of such impossibility arising. | |
| (8) If, in a case where a Contract by Correspondence has been concluded, the traveler is unable to settle his/her debts relating to the tour fee, etc., in whole or in part, in accordance with the card membership rules of the Affiliated Company, for such reasons as the traveler's credit card being invalid, etc. | |
| (9) If it is found that the traveler falls under any of items (5) through (7) in Article 7. | |
| 2. | If a traveler has not paid the tour fee by the date mentioned in the Contract Document as stated in Article 12, Paragraph 1, it shall be deemed that the traveler has canceled the Agent-Organized Package Tour Contract on the day following that date. In this case, the traveler must pay a penalty to the Company, the amount of which is equivalent to the cancellation fee specified in Paragraph 1 of the preceding Article. |
| 3. | If the Company intends to cancel an Agent-Organized Package Tour Contract for the reason mentioned in Item (5), Paragraph 1, it shall notify the traveler to the effect that the tour will be canceled no later than the 13th day in case of Domestic Travel (in case of a one-day trip, the 3rd day), or no later than the 23rd day in case of Overseas Travel (in case of travel commencing during the peak period provided for in Schedule I, the 33rd day), no later than the day preceding the date of commencement of the tour. |
(The Company's Right of Cancellation of – Cancellation after Commencement of the Tour)
| Article 18 |
In any of the following cases, the Company may cancel part of an Agent-Organized Package Tour Contract, explaining the reason to the traveler, even after the commencement of the tour. |
| (1) If the traveler is not fit for the continuance of the tour for reasons of illness, absence of a required assistant or other reasons. | |
| (2) If the traveler corrupts the discipline of group activities and disturbs the safe and smooth operation of the tour through violation of the instructions of the Company conveyed by the tour conductor or any other person for the safe and smooth operation of the tour, or through violence or threat, etc., against these persons or other accompanying travelers. | |
| (3) If it is found that the traveler falls under any of items (5) through (7) in Article 7. | |
| (4) If a natural disaster, war, rioting, the suspension of the provision of Tour Services of transportation and accommodation facilities, etc., an order of a government or other public offices, or any other event in which the Company is unable to intervene has occurred, and it has become impossible to continue the tour. | |
| 2. | If the Company has canceled an Agent-Organized Package Tour Contract in accordance with the provisions of the preceding Paragraph, the contractual relationship between the Company and the traveler may cease to exist at and after the time of the cancellation. In this case, The Company’s obligations with regard to the Tour Services already received by the client shall be deemed as having been fulfilled. |
| 3. | In the case referred to in the preceding Paragraph, the Company shall refund the traveler, out of the tour fee, the amount for that part of the Tour Services which have not yet been received by the traveler, less the amount of the cancellation fee, the penalty, and any other cost which have already been paid or must be paid in future with respect to the Tour Services concerned. |
(Refund of Tour Fee)
| Article 19 |
If the tour fee has been reduced in accordance with the provisions of Article 14, Paragraphs 3 through 5, or an Agent-Organized Package Tour Contract has been canceled in accordance with the provisions of the preceding three Articles, resulting in an amount which should be refunded to the traveler, the Company shall refund the said amount to the traveler within 7 days of the day following the date of the cancellation in case of a refund due to cancellation before the commencement of the tour, or within 30 days of the day following the date of end of the tour mentioned in the Contract Document in case of a refund due to reduction of the amount or cancellation after the commencement of the tour. |
| 2. | In a case where the Company has concluded a Contract by Correspondence with a traveler, if the tour fee has been reduced in accordance with the provisions of Article 14, Paragraphs 3 through 5, or a Contract by Correspondence has been canceled in accordance with the provisions of the preceding three Articles, resulting in an amount which should be refunded to the traveler, it shall refund the said amount to the traveler in accordance with the card membership rules of the Affiliated Company. In this case, the Company shall notify the traveler of the amount to be refunded within 7 days of the day following the date of the cancellation in case of a refund due to cancellation before the commencement of the tour, or within 30 days of the day following the date of end of the tour mentioned in the Contract Document in case of a refund due to reduction of the amount or cancellation after the commencement of the tour, and the day on which the Company thus informed the traveler shall be deemed to be the Card Use Date. |
| 3. | The provisions of the preceding two Paragraphs do not prevent a traveler or the Company from exercising the right to seek compensation for damages in accordance with the provisions of Article 27 or Article 30, Paragraph 1. |
(Arrangements for Return Trip after Cancellation of Contract)
| Article 20 |
If the Company has canceled an Agent-Organized Package Tour Contract after the commencement of the tour in accordance with the provisions of Items 1 or 4 of Article 18, Paragraph 1, it shall make the necessary arrangements for the Tour Services, as requested by traveler, for the traveler’s return to the point of departure. |
| 2. | In a case of the preceding Paragraph, all the cost required for the trip to return to the point of departure must be borne by the traveler. |
Chapter V Party/Group Contracts
(Party/Group Contracts)
| Article 21 |
The Company applies the provisions of this Chapter with respect to the conclusion of an Agent-Organized Package Tour Contract for which more than one traveler traveling together following the same itinerary has applied after nominating a responsible representative (hereinafter referred to as "Person Responsible for Contract"). |
(Person Responsible for Contract)
| Article 22 |
Except in those cases where a special agreement has been concluded, it shall be deemed that the Person Responsible for Contract has all power of agency for the conclusion of an Agent-Organized Package Tour Contract for travelers constituting the Party/Group concerned (hereinafter referred to as "Member(s)"), and the Company shall conduct transactions concerning the tour business for that Party/Group with the said Person Responsible for Contract. |
| 2. The Person Responsible for Contract must submit a list of Member(s) to the Company by the date prescribed by the Company. | |
| 3. The Company shall not bear any responsibility for any debt or obligation which the Person Responsible for Contract now has or is expected to have in the future to a Member. | |
| 4. In a case where the Person Responsible for Contract does not accompany the Party/Group during the tour, the Company deems that the Member who has been assigned by the Person Responsible for Contract in advance as the Person Responsible for Contract after the commencement of the tour. |
Chapter VI Itinerary Management
(Itinerary Management)
| Article 23 |
The Company shall make efforts to secure for a traveler the safe and smooth operation of the tour, and conduct the following operations for a traveler. However, this shall not apply if a special contract has been concluded between the traveler and the Company which is different from this. |
| (1) | When the Company confirms that the traveler may be not able to receive the specified Tour Services during the tour, the Company shall take all necessary measures to ensure that the traveler will receive Tour Service in accordance with the Agent-Organized Package Tour Contract.. |
| (2) | When the Company must change details of the Contract Contents even after taking measures specified in preceding item, the Company shall arrange alternative services. In such cases, when changing the itinerary, efforts must be made to make the itinerary after the change conform to the purposes of the original itinerary. Furthermore, efforts must be made to minimize the change to the contents of the contract, such as making an effort to make the Tour Services after the change similar to the original Tour Services when changing the contents of the Contract Contents |
(Instructions of the Company)
| Article 24 |
A traveler must follow instructions of the Company for the safe and smooth operation of the tour when acting in a group during the period between the commencement of the tour and the end of the tour. |
(Services of Tour Conductors, etc.)
| Article 25 |
The Company may, depending on the contents of the tour, have a tour conductor or other person accompany the tour and have him/her perform, in whole or in part, the services mentioned in Items of Article 23 or any other business which the Company considers necessary incidental to the Agent-Organized Package Tour concerned. |
| 2. | The period of time during which the tour conductor or other person referred to in the preceding Paragraph engages in the services referred to in the said Paragraph is, in principle, from 8:00 to 20:00. |
(Protective Measures)
| Article 26 |
If the Company considers that a traveler is in need of protection due to illness, injury, etc., during the tour, it may take necessary measures. In this case, if the case is due to causes not attributable to the Company, the cost required for the measures taken shall be borne by the traveler, and the traveler must pay the said cost by the date designated by the Company and by the method designated by the Company. |
Chapter VII Responsibility
(Liabilities of the Company)
| Article 27 |
In performing an Agent-Organized Package Tour Contract, should the Company, or the person whom the Company has had make arrangements as an agent in accordance with the provisions of Article 4 (hereinafter referred to as "Arrangements Agent"), caused damage to a traveler intentionally or by gross negligence, the Company shall be liable for such damage; provided that the Company has been informed within 2 years of the day following the date of occurrence of the damage. |
| 2. | If a traveler has incurred damage due to a natural disaster, war, rioting, the suspension of the provision of Tour Services of transportation and accommodation facilities, etc., an order of a government or other public offices, or any other event in which the Company or the Company's Arrangements Agent is unable to intervene, the Company shall not be liable for the damage except in a case referred to in the preceding Paragraph. |
| 3. | Notwithstanding the provisions of Paragraph 1, the Company shall compensate for the damage referred to in the same Paragraph caused to baggage up to a maximum of 150,000 yen per traveler (Except in cases of willful or gross negligence by the Company) in the event that the Company has been informed within14 days in case of Domestic Travel, or within 21 days in case of Overseas Travel, of the day following the date of occurrence of the damages. |
(Special Compensation)
| Article 28 |
Regardless of whether or not the Company is liable in accordance with the provisions of Paragraph 1 of the preceding Article, it shall pay a compensation and a solatium, the amounts of which are specified in advance, for specific damage which a traveler has incurred to his/her life, person, or baggage while participating in an Agent-Organized Package Tour, in accordance with the provisions of the annexed Special Compensation Rules. |
| 2. | Of the damages prescribed in the preceding Paragraph, if the Company bears responsibility in accordance with the provisions of Paragraph 1 of the Preceding Article, the compensation referred to in the preceding Paragraph which it should pay shall be deemed to be the compensation for the damage concerned within the limits of the amount of the damage which it should pay based on that responsibility. |
| 3. | In a case provided for in the preceding Paragraph, the obligation of the Company to pay compensation in accordance with the provisions of Paragraph 1 shall be reduced by the amount equivalent to the compensation for the damage which the Company should pay in accordance with the provisions of Paragraph 1 of the preceding Article (including the compensation which is deemed to be the compensation for the damage in accordance with the provisions of the preceding Paragraph). |
| 4. | The Agent-Organized Package Tour which the Company operates by collecting a separate tour fee for travelers participating in an Agent-Organized Package Tour of the Company shall be treated as part of the contents of the main Agent-Organized Package Tour Contract. |
(Itinerary Guarantee)
| Article 29 |
Should major changes in Contract Contents mentioned in the left section of Schedule II (excluding a change mentioned in any of the following Items (excluding a change due to the occurrence of a shortage of seats, rooms, or any other facilities of the transportation and accommodation facilities, etc., despite the fact that the Tour Services are provided by the transportation and accommodation facilities, etc.)), has occurred, the Company shall calculate the amount of compensation for changes by multiplying the tour fees by the rate indicated in the bottom of the column of the schedule, and refund the client within 30 days counting from the day after the tour ends. However, this shall not apply if it is clear that the Company will bear the responsibility in accordance with the provisions of Article 27, Paragraph 1, for the change concerned. |
(1) Change due to any of the following reasons
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| (2) If an Agent-Organized Package Tour Contract has been canceled in accordance with the provisions of Articles 16 through 18, the change made for the canceled part concerned. | |
| 2. | The amount of compensation for changes which the Company should pay per a traveler per Agent-Organized Package Tour shall not exceed the amount arrived at by multiplying the tour fee by the rate of 15% or higher specified by the Company. Furthermore, if the amount of the compensation for changes payable per traveler per Agent-Organized Package Tour is less than 1,000 yen, the Company shall not pay the compensation for changes. |
| 3. | If after the Company has paid compensation for changes in accordance with the provisions of Paragraph 1, it has become evident that the Company is liable under the provisions of Article 27, Paragraph 1, for the change concerned, the traveler must return to the Company the compensation for changes concerned. In such cases, the Company shall pay compensation for damages to the client in accordance with the provisions in Paragraph 1 after deducting the sum of compensation for changes to be returned by the client. |
(Responsibility of the Traveler)
| Article 30 |
Article 30 If the Company has incurred any damage caused by a traveler’s willful negligence or fault, the traveler must compensate the Company for such damage. |
| 2. | In concluding an Agent-Organized Package Tour Contract, a traveler client is required to make every effort to understand the details of his/her rights and obligations of the traveler, as well as other contents of the Agent-Organized Package Tour Contract, making good use of the information supplied by the Company. |
| 3. | In order to smoothly receive the Tour Services mentioned in the Contract Document, should a traveler have realized that Tour Services provided is different from those mentioned in the Contract Document after the commencement of the tour, the Traveler is required to promptly report the discrepancy to either the Company, the Arrangements Agent, or the provider of the Tour Services concerned to that effect tour destination. |
Chapter VIII Compensation Security Bonds
(Compensation Security Bonds)
| Article 31 |
The Company is a Bonded Member of the Japan Association of Travel Agents (3-3 Kasumigaseki 3-chome, Chiyoda-ku, Tokyo). |
| 2. | The traveler or Member who has concluded an Arranged Package Tour Contract with the Company is entitled to receive compensation from the Compensation Security Bonds which Japan Association of Travel Agents (a corporate juridical person) referred to in the preceding Paragraph has deposited, with respect to any claim arising from transactions in connection with such contract up to 250 million yen. |
| 3. | Since the Company has paid a Due Portion of the Compensation Security Bonds to Japan Association of Travel Agents in accordance with the provisions of Article 22-10, Paragraph 1, of the Travel Agency Law, it has not deposited any Business Guarantee Bonds referred to in Article 7, Paragraph 1, of the same law. |
Schedule I Cancellation Fee (relating to Article 16, Paragraph 1)
- 1. Cancellation fee for Domestic Travel
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Classification Cancellation fee （1） (1) Agent-Organized Package Tour Contract except that which is mentioned in the following Paragraph (a) If cancellation is made on or after the 20th day (10th day in case of a one-day trip) counting back from the day prior to the commencement of the tour (excluding the cases mentioned in (b) through (e)) 20% or less of the tour fee (b) If cancellation is made on or after the 7th day prior to the day preceding the date of commencement of the tour (excluding the cases mentioned in (c) through (e) 30% or less of the tour fee (c) If cancellation is made on the day preceding the date of commencement of the tour 40% or less of the tour fee (d) If cancellation is made on the date of commencement of the tour (excluding the case mentioned in (e)) 50% or less of the tour fee (e) In case of cancellation after the commencement of the tour or of non-participation without giving notification 100% or less of the tour fee (2) Agent-Organized Package Tour Contract using a chartered ship According to the provisions concerning the cancellation fee for the ship concerned Note: (1) The amounts of cancellation fees will be specified in the Contract Document. (2) In the application of this schedule "After the commencement of the tour" refers "The time the receiving of the provided services began", as provided for in the annexed Special Compensation Rules, onwards. - 2. Cancellation fee for Overseas Travel
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Classification Cancellation fee (1) Agent-Organized Package Tour Contract including air travel at the time of departure from, or return to, Japan and at the time of departure from, or return to, a foreign country (except Tour Contract which is mentioned in the following Paragraph and Paragraph 3) (a) In case of travel for which the date of commencement of the tour falls on the peak period, if cancellation is made on or after the 40th day prior to the day preceding the date of commencement of the tour (excluding the cases mentioned in (b) through (d)). 10% or less of the tour fee (b) If cancellation is made on or after the 30th day prior to the day preceding the date of commencement of the tour (excluding the cases mentioned in (c) and (d)) 20% or less of the tour fee (c) If cancellation is made on or after the day before the day preceding the date of commencement of the tour (excluding the case mentioned in (d)) 50% or less of the tour fee (d) In case of cancellation after the commencement of the tour or of non-participation without giving notification 100% or less of the tour fee (2) Agent-Organized Package Tour Contract using a chartered aircraft (a) If cancellation is made on or after the 90th day prior to the day preceding the date of commencement of the tour (excluding the cases mentioned in (b) through (d)) 20% or less of the tour fee (b) If cancellation is made on or after the 30th day prior to the day preceding the date of commencement of the tour (excluding the cases mentioned in (c) and (d)) 50% or less of the tour fee (c) If cancellation is made on or after the 20th day prior to the day preceding the date of commencement of the tour (excluding the case mentioned in (d)) 80% or less of the tour fee (d) In case of cancellation on or after the 3rd day prior to the day preceding the date of commencement of the tour 100% or less of the tour fee (3) Agent-Organized Package Tour Contract using a cruise for more than 3 nights (excluding the cases mentioned below) (a) If cancellation is made within the period where the base date for the cancellation fee charge period under the provisions for cancellation fees for the cruise included in the tour, namely, the date of commencement of the cruise, is treated as the date of commencement of the tour. (excluding the cases mentioned in (b)) [1] The number of nights spent on a cruise is more than 50% of the total Agent-Organized Package Tour days (excluding nights on an aircraft. This also applies to [2])
The cancellation fee rate applied for the cruise included in said period shall be 50% or less of the applicable cancellation fee rate.
[2] The number of nights stayed on a cruise is less than 50% of the total Agent-Organized Package Tour days
The cancellation fee rate applied for the cruise included in said period shall be 25% or less of the applicable cancellation fee rate.(b) In case of cancellation after the commencement of the tour or of non-participation without giving notification 100% or less of the tour fee (4) An Agent-Organized Package Tour Contract using a ship when departing from, and returning to, Japan According to the provisions concerning the cancellation fee for the ship concerned Note: "Peak Time" refers to the periods from December 20 to January 7, April 27 to May 6, and July 20 to August 31. Note: (1) The amounts of cancellation fees will be specified in the Contract Document. (2) In the application of this schedule "After the commencement of the tour" refers "The time the receiving of the provided services began", as provided for in Article 2, Paragraph 3, of the annexed Special Compensation Rules, onwards.
Schedule II Compensation for Changes (relating to Article 29, Paragraph 1)
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Change requiring payment of the compensation for change Rate (%) per change Prior to the commencement of the tour After the commencement of the tour １. 1. Changes in tour start or end dates specified in the Contract Document 1.5％ 3.0％ 2. Changes in destination or entry to tourist spots and/or facilities (including restaurants), specified in the Contract Document 1.0％ 2.0％ 3. Changes in class of transport facilities or facilities as stated in the Contract Document to those of lower cost (limited to cases when the total price after change to class of transport facilities or facilities becomes lower than the amount stated in the Contract Document). 1.0％ 2.0％ 4. Changes in the type of transport facility or of the name of the company operating them as specified in the Contract Document 1.0％ 2.0％ 5. Changes to the flight at the airport in the location of the commencement of the tour in Japan or to the flight at the airport in the location of the end of the tour as specified in the Contract Document 1.0％ 2.0％ 6. Changes from direct flights between Japan and the foreign country specified in the Contract Document to connecting flights or indirect flights 1.0％ 2.0％ 7. Changes in the type or name of accommodation facility as specified in the Contract Document 1.0％ 2.0％ 8. Changes in type of rooms, facilities, the view, or other room condition at accommodation facilities as specified in in the Contract Document 1.0％ 2.0％ 9. Changes in the preceding Items which are listed in the tour title of the Contract Document 2.5％ 5.0％ Note 1: "Before the commencement of the tour" refers to a case where the traveler has been notified of the change concerned by the day prior to the date of commencement of the tour, and "after the commencement of the tour", to a case where the traveler has been notified of the change concerned on or after the date of commencement of the tour. Note 2: When a Final Document has been issued, this Schedule shall apply by reading "Contract Document" as "Final Document." In such case, if there has arisen any change between the contents specified in the Contract Document and those in the Final Document or between the contents specified in the Final Document and the contents of the Tour Services actually provided, each respective change shall be treated as one change. Note 3: If the transportation facility involved in the changes mentioned in Item 3 or Item 4 accompanies the use of accommodation facility, each overnight stay shall be treated as one change. Note 4: This shall not apply to changes to the name of the transport facility mentioned in Item 4 involving a change to facilities with a higher class or facilities.. Note 5: Even if the changes stated in Items 4, 7 or 8 occur multiple times within a single train, automobile or ship ride, or a single overnight stay, each ride or overnight stay shall be treated as one change.. Note 6: For changes mentioned in 9, the percentages in 1 through 8 will not apply, and the rate in 9 shall be applied.
Created July 1, 2014