Chapter 1 General Provisions
(Scope of application)
Article 1 The contract for an agent-organized tour concluded between our company and the traveler (hereinafter referred to as "agent-organized tour contract") shall be subject to the provisions of these terms and conditions. Any matters not provided for in these terms and conditions shall be governed by laws and regulations or generally established practices.
2 If we enter into a special written agreement within the scope of laws and regulations and not to the traveler's disadvantage, that special agreement will take precedence notwithstanding the provisions of the preceding paragraph.
(Definition of terms)
Article 2In these General Terms and Conditions, an « Agent-Organized Tour » means a travel which is implemented by our company, which prepares in advance for the purpose of recruiting travelers, a travel plan which specifies the destination and itinerary of the travel, the content of the transportation or accommodation services which the traveler can receive, and the amount of the travel fee to be paid by the traveler to our company.
2 In these terms and conditions, "domestic travel" means travel solely within Japan, and "overseas travel" means travel other than domestic travel.
3 In this section, a "Communications Contract" means an Agent-Organized Tour Contract which our company concludes with a card member of a credit card company (hereinafter referred to as the "Affiliated Company") affiliated with us or a company selling our Agent-Organized Tours on our behalf, upon receiving an application by telephone, mail, facsimile, the Internet, or any other means of communication, in which the traveler agrees in advance to settle the claims or debts that our company has against the traveler for the travel fee, etc. based on the Agent-Organized Tour Contract in accordance with the card membership terms and conditions of the Affiliated Company separately established on or after the date on which such claims or debts should be fulfilled, and in which the travel fee, etc. for the Agent-Organized Tour Contract will be paid in the manner specified in Article 12, Paragraph 2, the latter part of Article 16, Paragraph 1, and Article 19, Paragraph 2.
4. In these terms and conditions, the "Card Use Date" means the date on which the traveler or our company must pay the travel fare, etc. or fulfill the refund obligation under the package tour contract.
(Contents of the Travel Contract)
Article 3 In an Agent-Organized Tour Contract, our company undertakes to make arrangements and manage the itinerary so that the traveler can receive transportation, accommodation and other travel-related services (hereinafter referred to as "Travel Services") provided by transportation, accommodation, etc. in accordance with the travel itinerary determined by our company.
(Arrangement Agent)
Article 4 In fulfilling an Agent-Organized Tour Contract, our company may have another travel agent, professional travel arrangements person, or other assistant in or outside Japan make all or part of the arrangements on our behalf.
Chapter 2: Conclusion of Contracts
(Application for a contract)
Article 5 A traveler who wishes to apply to our company for an Agent-Organized Tour Contract must fill in the required particulars on an application form prescribed by our company (hereinafter referred to as the "Application Form") and submit it to our company together with an application fee of an amount separately determined by our company.
2 Notwithstanding the provisions of the preceding paragraph, a traveler who intends to apply for a Communications Contract with our company must notify us of the name of the package tour for which he or she wishes to apply, the date of commencement of the trip, his or her membership number and other particulars (hereinafter referred to in the following article as the "membership number, etc.").
3 The application fee referred to in paragraph 1 shall be treated as part of the travel fee or cancellation fee or penalty fee.
4. If a traveler requires special consideration when participating in an agent-packaged tour, please notify us at the time of application for the contract. In this case, we will accommodate such requests to the extent possible.
5. The traveler shall bear the costs required for any special measures taken by us for the traveler based on the application in the preceding paragraph.
(Reservations by telephone, etc.)
Article 6Our company accepts reservations for package tour contracts by telephone, mail, facsimile, the Internet, or other means of communication.In this case, the contract is not concluded at the time of the reservation, and the traveler must submit an application form and application fee or notify our company of their membership number, etc., in accordance with the provisions of Paragraph 1 or 2 of the preceding Article, within the period specified by our company after our company has notified the traveler of its acceptance of the reservation.
2 When an application form and application fee have been submitted or a membership number, etc. has been notified in accordance with the provisions of the preceding paragraph, the order of conclusion of the package tour contracts will be determined by the order in which the reservations are received.
3 If the traveler does not submit the application fee or does not notify the membership number, etc. within the period specified in Paragraph 1, the Company will treat the reservation as if it had not been made.
(Refusal to enter into a contract)
Article 7 Our company may refuse to enter into an Agent-Organized Tour Contract in any of the following cases:
(1) When the participant does not meet the gender, age, qualifications, skills, or other conditions for participating travelers that have been clearly stated by our company in advance.
(2) When the number of applicants reaches the planned number of applicants.
(3) When the Traveler is likely to cause inconvenience to other Travelers or hinder the smooth conduct of group activities.
(4) When a communications contract is to be concluded and the traveler's credit card is invalid, or the traveler is unable to settle part or all of the debt relating to the travel fee, etc. in accordance with the card membership terms and conditions of the affiliated company.
(5) When the traveler is deemed to be a member of an organized crime group, a quasi-member of an organized crime group, a person related to an organized crime group, a company related to an organized crime group, or a corporate racketeer or other anti-social force.
(6) When the traveler makes violent demands, unreasonable demands, uses threatening words or actions or violence in connection with the transaction, or engages in any other similar conduct against our company.
(7) When the traveler spreads rumors, uses fraudulent means or force to damage our reputation or interfere with our business, or engages in any other act equivalent thereto.
(8) When there are other business reasons for our company.
(Time of Formation of Contract)
Article 8 A package tour contract shall be deemed to have been concluded when our company has agreed to the conclusion of the contract and has received the application fee referred to in Article 5, Paragraph 1.
2 Notwithstanding the provisions of the preceding paragraph, a Communications Contract shall be deemed to have been concluded when the notice of our acceptance of the conclusion of the contract reaches the traveler.
(Delivery of written contract)
Article 9 Promptly after the contract specified in the preceding Article has been concluded, our company will issue to the traveler a document stating the itinerary, the contents of the travel services, the travel fee, other conditions for the travel, and matters concerning our responsibility (hereinafter referred to as the "Contract Document").
2 The scope of travel services for which we are obligated to arrange and manage the itinerary under an agent-packaged tour contract shall be as set forth in the contract document in the preceding paragraph.
(Final document)
Article 10 If it is not possible to state the confirmed itinerary or the names of transportation or accommodation facilities in the Contract Document referred to in Paragraph 1 of the preceding Article, the Contract Document will list only the names of the accommodation facilities to be used and any transportation facilities that are important to indicate, and after the Contract Document is delivered, a document stating the confirmed status of these (hereinafter referred to as the "Confirmed Document") will be delivered by the date specified in the Contract Document, which will be no later than the day before the start of the trip (or the start of the trip if the application for an Agent-Organized Tour Contract is made on or after the seventh day counting back from the day before the start of the trip).
2 In the case of the preceding paragraph, if a traveler wishes to confirm the status of their arrangements, we will respond promptly and appropriately, even before the issuance of the Final Document.
3. When the Final Document referred to in Paragraph 1 has been issued, the scope of the Travel Services for which we are obligated to arrange and manage the itinerary pursuant to the provisions of Paragraph 2 of the preceding Article will be specified as set out in said Final Document.
(Methods using information and communication technology)
Article 11 If, with the Traveler's prior consent, instead of issuing the document, Contract Document or Final Document which mentions the itinerary, content of Travel Services, travel price and other conditions for the travel and matters concerning our responsibility to be issued to the Traveler when concluding an Agent-Organized Tour Contract, our Company has provided the Traveler with the matters which should be mentioned in such document (hereinafter in this Article referred to as "Matters to Be Mentioned") by means of information and communications technology, we will confirm that the Matters to Be Mentioned have been recorded in a file kept in the communications equipment used by the Traveler.
2 In the case referred to in the preceding paragraph, if the communications equipment used by the Traveler does not have a file for recording the Matters to Be Mentioned, we will record the Matters to Be Mentioned in a file (limited to one used exclusively for the Traveler) kept in the communications equipment used by our company and confirm that the Traveler has viewed the Matters to Be Mentioned.
(Travel fee)
Article 12 The Traveler must pay to us the travel fee, the amount of which is stated in the Contract Document, by the due date stated in the Contract Document, which is not later than the commencement date of the travel.
2. When a communications contract is concluded, the Company will receive payment of the travel fare in the amount stated in the contract document by card of the affiliated company without the traveler's signature on the prescribed slip. The card usage date will be the date the travel contract is concluded.
Chapter 3: Changes to the Agreement
(Changes to contract contents)
Article 13 In the event of a natural disaster, war, riot, suspension of the provision of travel services by transportation and accommodation facilities, etc., orders from a government agency, provision of transportation services not in accordance with the original operation plan, or any other event beyond our control, if this is unavoidable in order to ensure the safe and smooth implementation of the travel, our company may change the itinerary, the contents of travel services, and other contents of the agent-organized tour contract (hereinafter referred to as the "contract contents"), by explaining to the traveler promptly in advance why the event in question is beyond our control and the causal relationship between the event and the event. However, in the case of an emergency and if it is unavoidable, we will explain the change after it has been made.
(Changes in the amount of the travel fare)
Article 14 If the fares and charges applicable to the transportation facilities used in implementing an Agent-Organized Tour (hereinafter in this Article referred to as "Applicable Fares and Charges") are increased or reduced by a degree that significantly exceeds what would normally be expected, due to a significant change in economic conditions or the like, compared with the applicable fares and charges published as valid at the time of soliciting the Agent-Organized Tour, we may increase or decrease the amount of the travel price within the amount of the increase or decrease.
2 If we increase the travel fee in accordance with the preceding paragraph, we will notify the traveler to that effect before the 15th day counting back from the day before the start of the travel.
3. If the applicable fares and charges as provided for in Paragraph 1 are reduced, we will reduce the travel price by the amount of the reduction in accordance with the provisions of the same Paragraph.
4 If a change in the contract content pursuant to the provisions of the preceding article results in a decrease or increase in the costs required for the implementation of the trip (including cancellation fees, penalty fees, and other costs already paid or to be paid in the future for travel services that were not provided due to the change in the contract content), we may change the amount of the travel price within that range when the contract content is changed (except when the increase in costs is due to a shortage of seats, rooms, or other facilities at transportation and accommodation facilities, etc. despite the transportation and accommodation facilities, etc. providing the travel services).
5. If the contract document states that the travel price will vary depending on the number of people using transportation and accommodation facilities, etc., and if the number of people using the facility changes after the conclusion of the package tour contract through reasons not attributable to the Company, the Company may change the amount of the travel price in accordance with the terms of the contract document.
(Replacement of Travelers)
Article 15 A traveler who has concluded an Agent-Organized Tour Contract with our company may, with our company's consent, transfer his/her contractual status to a third party.
2 When a traveler wishes to request our consent as provided for in the preceding paragraph, he/she must fill in the required information on a form prescribed by our company and submit it to our company together with the required fee.
3 The transfer of the contractual status under Paragraph 1 shall take effect at the time of our consent, and thereafter the third party who has taken over the status under the Travel Contract shall succeed to all of the Traveler's rights and obligations regarding the said package tour contract.
Chapter 4 Termination of Contract
(Traveler's Right to Cancel)
Article 16 A traveler may cancel an agent-organized tour contract at any time by paying to our company the cancellation fee specified in Schedule 1. In the case of canceling a correspondence contract, our company will receive payment of the cancellation fee by card of an affiliated company without the traveler's signature on the designated slip.
2 Notwithstanding the provisions of the preceding paragraph, a traveler may cancel an agent-packaged tour contract before the start of the trip without paying the cancellation fee in the following cases:
(1) When the contents of the contract are changed by the Company, provided, however, that this shall apply only when the change is one of those listed in the upper column (left column) of Schedule 2 or other important changes.
(2) When the travel fare is increased pursuant to the provisions of Article 14, Paragraph 1.
(3) When a natural disaster, war, riot, suspension of travel services by transportation or accommodation providers, orders from government agencies, or other events occur, making it impossible or highly likely that the safe and smooth operation of the trip will become impossible.
(4) When the Company fails to issue a confirmation document to the Traveler by the deadline specified in Article 10, Paragraph 1.
(5) When it becomes impossible to carry out the trip according to the travel itinerary stated in the contract document due to reasons attributable to our company.
3. Notwithstanding the provisions of Paragraph 1, if after the commencement of the travel, a traveler is unable to receive the travel services mentioned in the contract document due to reasons not attributable to the traveler, or if the Company notifies the traveler to that effect, the traveler may cancel the contract for that part of the travel services that he or she is unable to receive without paying the cancellation fee.
4 In the case of the preceding paragraph, our company will refund to the traveler the amount of the travel fee for the part of the travel services that the traveler was unable to receive. However, if the case of the preceding paragraph is not due to reasons attributable to our company, we will refund to the traveler the amount of the travel fee minus the cancellation fee, penalty fee, and other costs that have already been paid or will be paid in the future for the travel services.
(Our right to cancel - Cancellation before the start of the trip)
Article 17 In any of the following cases, our company may cancel an agent-organized tour contract before the start of the trip, explaining the reasons to the traveler:
(1) When it is discovered that the traveler does not meet the gender, age, qualifications, skills, or other conditions for participating travelers that we have specified in advance.
(2) When the traveler is deemed unable to endure the trip due to illness, absence of necessary assistance, or other reasons.
(3) When it is deemed that the traveler may cause inconvenience to other travelers or hinder the smooth operation of the group tour.
(4) When the traveler requests an unreasonable burden in relation to the contents of the contract.
(5) When the number of travelers does not reach the minimum number of participants stated in the contract document.
(6) When there is an extremely high risk that the conditions for carrying out the trip, such as the amount of snowfall required for a skiing trip, which were clearly stated at the time of concluding the contract, will not be fulfilled.
(7) When a natural disaster, war, riot, suspension of travel services by transportation or accommodation providers, orders from government agencies, or other events beyond our control occur, making it impossible or highly likely that the safe and smooth implementation of the trip according to the itinerary stated in the contract document will become impossible.
(8) In the case where a communications contract has been concluded, when the traveler’s credit card becomes invalid or the traveler is unable to settle part or all of the debts relating to the travel fee, etc. in accordance with the card membership terms of the affiliated company.
(9) When it is found that the traveler falls under any of the items 5 to 7 of Article 7.
2 If a Traveler fails to pay the Travel Price by the due date mentioned in the Contract Document referred to in Article 12, Paragraph 1, the Traveler will be deemed to have cancelled the Agent-Organised Tour Contract on the day following that due date. In this case, the Traveler must pay to our company a penalty charge in an amount equivalent to the cancellation fee specified in Paragraph 1 of the preceding Article.
3 If we intend to cancel an agent-packaged tour contract for the reasons set forth in Paragraph 1, Item 5, we will notify the traveler of our intention to cancel the trip prior to the 13th day in the case of a domestic trip (or the 3rd day in the case of a day trip), or the 23rd day in the case of an overseas trip (or the 33rd day in the case of a trip commencing during the peak hours specified in Schedule 1), counting back from the day before the start of the trip.
(Our right to cancel – cancellation after the start of the trip)
Article 18 In any of the following cases, our company may cancel part of the Agent-Organized Tour Contract, even after the start of the trip, by explaining the reasons to the traveler:
(1) When the traveler is unable to continue the trip due to illness, absence of necessary assistance, or other reasons.
(2) When a traveler violates the instructions of our tour conductor or other persons for the safe and smooth operation of the trip, or disrupts the discipline of group activities by assaulting or threatening such persons or other accompanying travelers, thereby hindering the safe and smooth operation of the trip.
(3) When it is found that the traveler falls under any of the items 5 to 7 of Article 7.
(4) When the continuation of the trip becomes impossible due to a natural disaster, war, riot, suspension of travel services by transportation or accommodation providers, orders from government agencies, or other events beyond our control.
2. If our company cancels an agent-organized tour contract in accordance with the provisions of the preceding paragraph, the contractual relationship between our company and the traveler will be extinguished only going forward. In this case, our company's obligations regarding the travel services already provided to the traveler will be deemed to have been validly repaid.
3 In the case of the preceding paragraph, we will refund to the traveler the amount of the travel fee relating to the portion of the travel services which the traveler has not yet received, minus the amount of the cancellation fee, penalty charge and other costs which have already been paid or which must be paid in the future for such travel services.
(Refund of travel fare)
Article 19 If the travel price has been reduced in accordance with the provisions of Paragraphs 3 to 5, Article 14, or if the Agent-Organized Tour Contract has been canceled in accordance with the provisions of the preceding three Articles, resulting in an amount to be refunded to the Traveler, our company will refund the amount to the Traveler within 7 days from the day following the date of cancellation in the case of a refund due to cancellation before the start of the travel, or within 30 days from the day following the last day of the travel mentioned in the Contract Document in the case of a refund due to a reduction in the travel price or cancellation after the start of the travel.
2 If we have concluded a Communications Contract with a Traveler and the travel fee has been reduced in accordance with the provisions of Article 14, Paragraphs 3 to 5, or the Communications Contract has been terminated in accordance with the provisions of the preceding three Articles, resulting in an amount to be refunded to the Traveler, we will refund said amount to the Traveler in accordance with the card membership terms and conditions of the Affiliated Company. In this case, we will notify the Traveler of the amount to be refunded within seven days from the day following the cancellation in the case of a refund due to cancellation before the start of the travel, or within 30 days from the day following the end of the travel stated in the Contract Document in the case of a refund due to a reduction or cancellation after the start of the travel, and the day on which we have so notified the Traveler will be considered the Card Use Date.
3 The provisions of the preceding two paragraphs shall not prevent the Traveler or the Company from exercising the right to claim damages pursuant to the provisions of Article 27 or Article 30, paragraph 1.
(Return arrangements after contract termination)
Article 20 If the Company cancels an Agent-Organized Tour Contract after the commencement of the travel in accordance with the provisions of Article 18, Paragraph 1, Item 1 or 4, the Company will, at the Traveler's request, undertake to arrange the Travel Services necessary for the Traveler to return to the place of departure of the travel.
2 In the case of the preceding paragraph, all expenses required for the journey back to the place of departure shall be borne by the traveler.
Chapter 5: Organization/Group Contracts
(Group contract)
Article 21 Our company will apply the provisions of this chapter to the conclusion of an agent-organized tour contract applied for by multiple travelers traveling on the same itinerary at the same time who have designated a responsible representative (hereinafter referred to as the "contract representative").
(Contract Responsible Person)
Article 22 Except when a special agreement has been concluded, the Company will deem the Contract Representative to have all power of attorney regarding the conclusion of an Agent-Organized Tour Contract for the Travelers constituting the party or group (hereinafter referred to as the "Member(s)"), and will conduct transactions concerning the travel business for the party or group in question with the Contract Representative.
2 The contracting officer must submit a list of members to our company by the date specified by our company.
3. The Company shall not be liable for any debts or obligations that the Contracting Party currently owes or is expected to owe in the future to any Member.
4. If the Contract Representative does not accompany the party/group, after the commencement of the trip, we will deem a member selected in advance by the Contract Representative to be the Contract Representative.
Chapter 6 Itinerary Management
(Itinerary management)
Article 23 The Company will endeavor to ensure the safe and smooth operation of the Traveler's Travel, and will perform the following services for the Traveler. However, this does not apply if the Company has concluded a different special agreement with the Traveler.
(1) When it is deemed that there is a risk that a traveler will not be able to receive travel services during the trip, take the necessary measures to ensure that the travel services are provided in accordance with the package tour contract.
(2) If, despite taking the measures set forth in the preceding paragraph, it becomes necessary to change the contents of the contract, we will make arrangements for alternative services. In this case, if the travel itinerary is changed, we will endeavor to ensure that the changed travel itinerary conforms to the purpose of the original travel itinerary, and if the content of the travel services is changed, we will endeavor to ensure that the changed travel services are similar to the original travel services, and we will make every effort to keep the changes to the contract contents to a minimum.
(Our instructions)
Article 24 From the start of the trip until its completion, when traveling in a group, the Traveler must follow our instructions to ensure the safe and smooth operation of the trip.
(Duties of tour conductors, etc.)
Article 25 Depending on the content of the travel, our company may have a tour conductor or other persons accompany the travel to perform all or part of the services listed in each item of Article 23 or other services that our company deems necessary incidental to the package tour in question.
2 The hours during which tour conductors and other personnel referred to in the preceding paragraph may engage in the services referred to in the same paragraph shall, in principle, be from 8:00 to 20:00.
(Protective measures)
Article 26 If we determine that a traveler is in need of protection due to illness, injury, etc. during the trip, we may take the necessary measures. In this case, if this is not due to reasons attributable to our company, the expenses incurred in taking such measures shall be borne by the traveler, who must pay such expenses by the date and in the manner designated by our company.
Chapter 7 Responsibility
(Our Responsibility)
Article 27 If, in the performance of an Agent-Organized Tour Contract, our company or a person whom we have appointed to make arrangements on our behalf in accordance with the provisions of Article 4 (hereinafter referred to as the "Arrangements Agent") causes damage to a traveler intentionally or through negligence, our company will be liable to compensate for the damage, provided that notice is given to our company within two years counting from the day following the occurrence of the damage.
2 If a traveler suffers damage due to a natural disaster, war, riot, suspension of travel services provided by transportation or accommodation facilities, etc., orders from a government agency, or other causes beyond the control of our company or our travel agent, we shall not be liable for compensation for such damage, except in the case of the preceding paragraph.
3 Notwithstanding the provisions of Paragraph 1, with regard to damage to baggage as referred to in the same paragraph, we will compensate up to a maximum of 150,000 yen per traveler (except in cases where the damage is due to our willful misconduct or gross negligence), provided that notice is given to us within 14 days in the case of domestic travel, or within 21 days in the case of international travel, counting from the day following the occurrence of the damage.
(Special compensation)
Article 28 Regardless of whether or not our company is responsible under the provisions of Paragraph 1 of the preceding Article, we will pay compensation and a solatium in the amounts specified in advance for certain damage suffered by a traveler to his/her life, person, or baggage while participating in an agent-organized tour, in accordance with the Special Compensation Rules in a separate document.
2 If the Company is liable for the damages referred to in the preceding paragraph pursuant to the provisions of Paragraph 1 of the preceding Article, the compensation paid by the Company under the preceding paragraph shall be deemed to be the damages payable based on such liability, up to the amount of the damages payable based on such liability.
3 In the case set forth in the preceding paragraph, our obligation to pay compensation under the provisions of paragraph 1 shall be reduced by an amount equivalent to the damages (including the compensation deemed to be damages pursuant to the provisions of the preceding paragraph) that we are required to pay pursuant to the provisions of paragraph 1 of the preceding Article.
4. With regard to package tours that are organized by our company for travelers participating in our package tours and for which a separate travel fee is collected, such package tours will be treated as part of the contents of the main package tour contract.
(Itinerary Guarantee)
Article 29 In the event of a significant change to the contract contents set out in the upper column (left column) of Schedule 2 (excluding any of the changes set out in the following items (excluding changes due to a shortage of seats, rooms or other facilities at transportation and accommodation facilities, etc. despite the transportation and accommodation facilities, etc. continuing to provide the travel services)), our company will pay a change compensation of an amount equal to or greater than the travel price multiplied by the rate set out in the lower column (right column) of the same schedule, within 30 days from the day following the end of the travel. However, this does not apply if it is clear that our company will incur liability pursuant to the provisions of Article 27, Paragraph 1 for the change in question.
(1) Changes due to the following reasons:
B. Natural disasters
B. War
C Riot
(d) Orders from government agencies
E. Suspension of travel services provided by transportation and accommodation providers
F. Providing transportation services that are not based on the original operation plan
(g) Measures necessary to ensure the safety of the lives or bodies of travel participants
(2) Changes to the cancelled portion of a package tour contract when the package tour contract is cancelled pursuant to the provisions of Articles 16 to 18.
2 The amount of change compensation to be paid by our company shall be limited to the amount obtained by multiplying the travel price by a rate determined by our company of at least 15% per traveler per package tour. Furthermore, if the amount of change compensation to be paid by one traveler per package tour is less than 1,000 yen, our company will not pay change compensation.
3 If, after we have paid the change compensation in accordance with the provisions of Paragraph 1, it becomes clear that we will incur liability in accordance with the provisions of Article 27, Paragraph 1 for the change, the traveler must return the change compensation for the change to us. In this case, we will pay the amount remaining after offsetting the amount of damages we should pay in accordance with the provisions of the same Paragraph against the amount of the change compensation that the traveler should return.
(Responsibility of Travelers)
Article 30 If the Company suffers damage due to the intention or negligence of a Traveler, the Traveler must compensate for the damage.
2 When entering into a package tour contract, the traveler must make use of the information provided by our company and endeavor to understand the traveler's rights and obligations and other contents of the package tour contract.
3 In order to smoothly receive the travel services described in the Contract Document, if the traveler becomes aware after the start of the trip that travel services different from those described in the Contract Document have been provided, the traveler must promptly notify us, our travel agent or the travel service provider in question at the travel destination.
Chapter 8 Payment Guarantee Bond
(Payment Guarantee Bond)
Article 31 The Company is a guarantor member of the All Nippon Travel Agents Association (Akasaka Shasta East Building, 2-19 Akasaka 4-chome, Minato-ku, Tokyo).
2. A traveler or a member who has concluded a package tour contract with our company may receive repayment up to 11 million yen from the repayment guarantee bond deposited by the All Nippon Travel Agents Association, a general incorporated association, as referred to in the preceding paragraph, in relation to claims arising from that transaction.
3. As the Company has paid its share of the reimbursement guarantee fund to the All Nippon Travel Agents Association (General Incorporated Association) in accordance with the provisions of Article 49, Paragraph 1 of the Travel Agency Act, it has not deposited a business guarantee fund in accordance with Article 7, Paragraph 1 of the same Act.
Appendix 1 Cancellation Fee (Article 16, Paragraph 1)
1. Cancellation fees for domestic travel
|
classification |
Cancellation fee |
|
(1) Package tour contracts other than those listed in the following paragraph |
|
|
(a) In the case of cancellation on or after the 20th day (10th day in the case of a day trip) counting back from the day before the start of the trip (excluding the cases listed in (b) to (e)). (b) If the contract is cancelled on or after the seventh day counting back from the day before the start of the trip (excluding the cases listed in (c) through (e)). (c) If you cancel the tour the day before the start date (d) When the contract is cancelled on the day the trip begins (excluding the cases listed in (e)). E. Cancellation after the start of the trip or non-participation without notice |
Up to 20% of the travel cost Up to 30% of the travel cost Up to 40% of the travel cost Up to 50% of the travel cost Up to 100% of the travel cost |
|
(2) Package tour contracts using chartered ships |
The cancellation fee will depend on the regulations for the vessel in question. |
|
Note (1) The amount of the cancellation fee will be clearly stated in the contract document. (2) In applying this table, "after the start of the trip" means the period as defined in Article 2, Paragraph 3 of the Special Compensation Regulations. This refers to the period from "the time you start receiving the services" as defined in the provision of the service. |
|
2. Cancellation fees for overseas travel
|
classification |
Cancellation fee |
|
(1) Package tour contracts that use aircraft when departing from or returning to Japan (excluding the travel contracts listed in the next paragraph). |
|
|
If the start date of the trip is during peak hours, When the contract is terminated on or after the 40th day counting back from the day before the commencement date of the contract (excluding the cases listed in B to D). (b) If the contract is cancelled on or after the 30th day counting back from the day before the start of the trip (excluding the cases listed in (c) and (d)). (c) When the contract is cancelled two days or more prior to the start date of the trip (excluding the cases listed in (d)). (d) Cancellation after the start of the trip or non-participation without notice |
Up to 10% of the travel cost Up to 20% of the travel cost Up to 50% of the travel cost Up to 100% of the travel cost |
|
(2) Package tour contracts using chartered aircraft |
|
|
(a) 90 days prior to the day before the start of the trip If the contract is terminated on or after the date specified in (excluding the cases listed in (b) to (d)). (b) If the contract is cancelled on or after the 30th day counting back from the day before the start of the trip (excluding the cases listed in (c) and (d)). (c) If the contract is cancelled on or after the 20th day counting back from the day before the start of the trip (excluding the cases listed in (d)). (d) In the case of cancellation or non-participation without notice on or after the third day prior to the day before the start of the trip. |
Up to 20% of the travel cost Up to 50% of the travel cost Up to 80% of the travel cost Up to 100% of the travel cost |
|
(3) Package tour contracts using a ship when leaving and returning to Japan |
The cancellation fee will depend on the regulations for the vessel in question. |
|
Note: "Peak periods" refer to the periods from December 20th to January 7th, April 27th to May 6th, and July 20th to August 31st. |
|
|
Notes (1) The amount of the cancellation fee will be clearly stated in the contract document. (2) For the purposes of this table, "after the start of the trip" means "the time when the provision of the service begins" as defined in Article 2, Paragraph 3 of the Special Compensation Regulations. |
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Appendix 2: Compensation for changes (related to Article 29, Paragraph 1)
|
Changes that require payment of compensation |
Rate per case (%) |
|
|
Before the trip starts |
After the trip begins |
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1. Changes to the start or end dates of the trip as stated in the contract document 2. Changes to the tourist attractions or tourist facilities (including restaurants) to be visited or other travel destinations stated in the contract document 3. A change to a lower-priced class or facility of transportation facilities stated in the contract document (only if the total amount of the fees for the changed class and facility is lower than that of the class and facility stated in the contract document). 4. Changes to the type of transportation facility or company name stated in the contract document 5. Change to a flight at a different airport in Japan where the trip begins or ends as stated in the contract document. 6. Changes to connecting or transit flights from direct flights between Japan and other countries as stated in the contract documents 7. Changes to the type or name of the accommodation facility stated in the contract document 8. Changes to the type of accommodation room, facilities, scenery, and other room conditions of the accommodation facility as stated in the contract document 9. Any changes to the items listed above that are stated in the tour title of the contract document |
1.5 1.0 1.0 1.0 1.0 1.0 1.0 1.0 2.5 |
3.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 5.0 |
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Note 1: "Before the start of the trip" means that the traveler is notified of the change by the day before the start of the trip, and "after the start of the trip" means that the traveler is notified of the change on or after the start of the trip. Note 2: If a Final Document has been issued, this table shall apply, with the term "Contract Document" being read as "Final Document." In this case, if there are any changes between the contents of the Contract Document and the contents of the Final Document, or between the contents of the Final Document and the contents of the Travel Services actually provided, each such change shall be treated as one change. Note 3: If the means of transportation pertaining to the change specified in item 3 or 4 involves the use of accommodation facilities, each night's stay will be treated as one case. Note 4: This does not apply to changes in the company name of the transportation facility listed in item 4 if the change involves a change to a facility with a higher class or facilities. Note 5: Even if multiple changes as set forth in item 4, 7 or 8 occur within one boarding trip, ship trip, etc. or one overnight stay, they will be treated as one change per boarding trip, ship trip, etc. or one overnight stay. Note 6: For changes listed in item 9, the rates listed in items 1 to 8 will not apply and item 9 will apply. |
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Attachment: Special Compensation Provisions
Chapter 1 Payment of Compensation, etc.
(Our liability for payment)
Article 1If a Traveler participating in an Organized Tour organized by our company suffers bodily injury due to a sudden and fortuitous extraneous accident (hereinafter referred to as an "Accident") during the Organized Tour, our company will pay to the Traveler or his/her legal heir compensation for death, compensation for permanent disability, solatium for hospitalization and solatium for medical visits (hereinafter referred to as "Compensation, etc.") in accordance with the provisions of this Chapter to Chapter 4.
2. The injury referred to in the preceding paragraph includes sudden poisoning symptoms caused by accidentally inhaling, absorbing or ingesting toxic gases or substances from outside the body all at once (excluding poisoning symptoms caused by continuous inhalation, absorption or ingestion), but does not include bacterial food poisoning.
(Definition of terms)
Article 2 In these regulations, "Packaged Tour" means what is defined in Article 2, Paragraph 1 of the Subscription-Type Package Tour Contract section of the Standard Travel Agency Terms and Conditions and Article 2, Paragraph 1 of the Order-Taking Package Tour Contract section.
2 In these regulations, "participating in an Organized Tour" means the period from when the Traveler begins to receive the first service of transportation, accommodation facilities, etc. specified in the Organized Tour itinerary, which is provided by the Tickets, etc. arranged in advance by our company for the purpose of participating in the Organized Tour, to when the Traveler completes receiving the last service of transportation, accommodation facilities, etc. However, if the Traveler leaves the predetermined itinerary of the Organized Tour and has notified our company in advance of the scheduled dates and times of departure and return, the period from the time of departure to the scheduled time of return will be considered to be "participating in an Organized Tour," and if the Traveler leaves without notifying our company in advance of the scheduled dates and times of departure and return or leaves without any plans to return, the period from the time of departure to the time of return or from the time of departure onwards will not be considered to be "participating in an Organized Tour." Furthermore, if the itinerary of the packaged tour specifies a day (based on the standard time of the travel location) on which the traveler will not receive any services such as transportation or accommodation arranged by our company, and if this is clearly stated in the contract document and that no compensation or solatium will be paid pursuant to these regulations for damages suffered by the traveler as a result of an accident occurring on that day, that day will not be considered to be "during participation in the packaged tour."
3. The "time when you start receiving the provision of the services" in the preceding paragraph means any of the following times:
(1) When the tour conductor, an employee or a representative of our company is in charge of the reception, the time of completion of the reception.
(2) In the event that the reception described in the preceding paragraph is not made, the first transportation or accommodation facility, etc.
(a) In the case of an aircraft, upon completion of baggage inspection, etc. within the airport premises, which is accessible only to passengers.
(b) In the case of a ship, upon completion of boarding procedures.
(c) In the case of a railway, when the ticket gates are closed, or when boarding the train if there are no ticket gates.
(d) If it is a vehicle, when boarding
(e) In the case of an accommodation facility, at the time of admission to said facility.
(f) In the case of a facility other than an accommodation facility, the date of departure will be the completion of the usage procedures for that facility.
4. The term "when the provision of the services is completed" in paragraph 2 means any of the following times:
(1) When the tour conductor, an employee or agent of our company announces the disbandment, the time of such announcement.
(2) In the event that the notice of dissolution as set forth in the preceding paragraph is not given, the last transportation or accommodation facility, etc.
(a) In the case of an aircraft, when exiting the airport premises where only passengers are allowed to enter.
(b) If it is a ship, when disembarking
(c) In the case of a railway, when the ticket gates are closed, or when the passenger gets off the train if there are no ticket gates.
(d) If it is a vehicle, when getting off
(e) In the case of an accommodation facility, when leaving the facility.
(f) If the facility is other than an accommodation facility, the departure date shall be the time of leaving the facility.
Chapter 2: Cases where compensation, etc. is not paid
(Cases where compensation, etc. is not paid - Part 1)
Article 3: The Company shall not pay compensation for injuries caused by any of the following reasons:
(1) Intentional misconduct on the part of the Traveler. However, this does not apply to injuries suffered by persons other than the Traveler.
(2) The willful misconduct of a person who is to receive compensation for the death of another person. However, if that person is the recipient of part of the compensation for the death of another person, this does not apply to the amount that is to be received by that other person.
(3) Suicidal, criminal or combative acts by the Traveler. However, this does not apply to injuries suffered by persons other than the Traveler.
(4) An accident occurring while the Traveler was driving a motor vehicle or a moped without the legally required driving qualifications or while intoxicated and in a state where he or she was likely unable to drive normally. However, this does not apply to injuries suffered by persons other than the Traveler.
(5) An accident that occurred while the traveler was intentionally committing an act that violated laws and regulations or while receiving services that violated laws and regulations. However, this does not apply to injuries suffered by persons other than the traveler in question.
(6) Brain disease, illness, or insanity of the Traveler. However, this does not apply to injuries suffered by persons other than the Traveler.
(7) The Traveler's pregnancy, childbirth, premature birth, miscarriage, or surgery or other medical treatment, except in the case of treatment for an injury for which our company is responsible.
(8) An accident that occurs during the execution of a sentence, detention, or imprisonment of a traveler.
(9) War, the use of military force by a foreign country, revolution, seizure of power, civil war, armed rebellion, or other similar incidents or riots (in these regulations, this refers to a situation in which the peace is significantly disturbed throughout the country or in a specific area due to the actions of a crowd or a large number of people, and which is deemed to be a serious situation in terms of maintaining public order).
(10) Radioactive, explosive or other harmful properties of nuclear fuel material (including spent fuel; the same applies hereinafter) or material contaminated by nuclear fuel material (including atomic fission products), or an accident caused by these properties.
(11) Accidents arising from the causes set forth in the preceding two items or accidents arising from the disorder associated with them.
(12) Radiation exposure or radioactive contamination other than that in item 10
2 Regardless of the cause, the Company will not pay compensation for cervical syndrome (commonly known as "whiplash") or lower back pain where there are no objective symptoms.
(Cases where compensation, etc. is not paid - Part 2)
Article 4 In the case of an Organized Tour for the purpose of Domestic Travel, in addition to the cases provided for in the preceding Article, our company shall not pay Compensation, Etc. for an injury caused by any of the causes listed in the following items:
(1) Earthquakes, eruptions, or tsunamis
(2) Accidents that occur as a result of the events in the preceding paragraph or accidents that occur as a result of the disorder that accompanies these events.
(Cases where compensation, etc. is not paid - Part 3)
Article 5Our company will not pay Compensation, etc. for injuries listed in the following items unless the acts in each item are included in the itinerary of the Organized Tour determined in advance by our company. However, if the acts in each item are included in the itinerary, we will also pay Compensation, etc. for injuries caused by the same type of act while participating in the Organized Tour outside the itinerary.
(1) Injury caused while the traveler was engaged in the exercise specified in Schedule 1
(2) Injuries caused while the Traveler was engaged in a race, competition, or show (all of which include practice) or test run (meaning driving or operation for the purpose of a performance test) with an automobile, motorized bicycle, or motorboat. However, Compensation, etc. will be paid for injuries caused while engaging in these activities on the road with an automobile or motorized bicycle, even if they are not included in the itinerary of the Organized Tour.
(3) Injuries caused while a traveler is operating an aircraft other than one operated by an air carrier on a fixed route (regardless of whether it is a scheduled flight or a non-scheduled flight).
(Cases where compensation, etc. is not paid - Part 4)
Article 5-2 If the Traveler or the person entitled to receive the death compensation falls under any of the following items, our company may not pay the Compensation, etc. However, if that person is the recipient of part of the death compensation, this shall not apply to the amount that other persons are to receive.
(1) Being recognized as belonging to an organized crime group, a member of an organized crime group, a quasi-member of an organized crime group, a company related to an organized crime group, or other anti-social forces (hereinafter referred to as "anti-social forces").
(2) It is recognized that the person is involved in providing funds or convenience to anti-social forces.
(3) It is deemed that anti-social forces are being used unfairly.
(4) It is recognized that the person has other socially reprehensible relationships with anti-social forces.
Chapter 3 Types of Compensation and Payment Amounts
(Payment of compensation for death)
Article 6If a Traveler suffers an injury as referred to in Article 1 and dies as a direct result thereof within 180 days from the date of the Accident, our company will pay to the Traveler's legal heirs as compensation for death 25 million yen per Traveler in the case of an Organized Tour intended for Overseas Travel, or 15 million yen in the case of an Organized Tour intended for Domestic Travel (hereinafter referred to as the "Amount of Compensation"). However, if compensation for permanent disability has already been paid for the Traveler, we will pay the remainder after deducting the amount already paid from the Amount of Compensation.
(Payment of compensation for residual disability)
Article 7 If a Traveler has suffered an injury referred to in Article 1 and, as a direct result thereof, has developed a permanent disability (meaning a serious impairment of a function or loss of a part of the body that remains in the body and cannot be recovered in the future, even after the injury that caused it has healed; the same applies hereinafter), the Company will pay to the Traveler compensation for a permanent disability in an amount calculated by multiplying the amount of compensation by the percentage specified in the respective items of Schedule 2 per Traveler.
2 Notwithstanding the provisions of the preceding Paragraph, if the Traveler is still in a condition requiring treatment more than 180 days after the date of the Accident, we will determine the degree of the residual disability based on a doctor's diagnosis on the 181st day after the date of the Accident and pay compensation for the residual disability.
3 For residual disabilities not listed in any of the items in Schedule 2, the amount of compensation for residual disabilities will be determined according to the degree of the physical disability and in accordance with the classification of each item in Schedule 2, regardless of the Traveler's occupation, age, social status, etc. However, compensation for residual disabilities will not be paid for disabilities that do not amount to functional disabilities listed in Schedule 2, 1(3), 1(4), 2(3), 4(4) and 5(2).
4. In the event that two or more types of residual disabilities are caused by the same accident, the Company shall apply the preceding three paragraphs to each of them and pay the total amount. However, for residual disabilities of the upper limbs (arms and hands) or lower limbs (legs and feet) as stipulated in 7, 8 and 9 of Schedule 2, the compensation for residual disabilities per limb shall be limited to 60% of the compensation amount.
5. The amount of compensation for permanent disability that we must pay pursuant to the preceding paragraphs shall be limited to the amount of compensation per traveler per package tour.
(Payment of hospitalization benefits)
Article 8 If a Traveler has suffered an injury referred to in Article 1 and, as a direct result, has been unable to engage in normal work or lead a normal life and has been hospitalized (meaning a case in which medical treatment by a doctor is required and, because treatment at home or elsewhere is difficult, the Traveler is admitted to a hospital or clinic and must concentrate on treatment under the constant supervision of a doctor; the same applies hereinafter in this Article), the Company will pay to the Traveler a solatium for hospitalization for the number of days (hereinafter referred to as "Days of Hospitalization") in accordance with the following classification:
(1) In the case of package tours for overseas travel
(a) When the injury requires hospitalization for 180 days or more. 400,000 yen
(b) When the injury results in hospitalization for 90 days or more but less than 180 days. 200,000 yen
(c) When the injury results in hospitalization for 7 days or more but less than 90 days. 100,000 yen
(2) When the injury results in hospitalization for less than seven days. 40,000 yen
(2) In the case of package tours for domestic travel
(a) When the injury requires hospitalization for 180 days or more. 200,000 yen
(b) When the injury results in hospitalization for 90 days or more but less than 180 days. 100,000 yen
(c) When the injury results in hospitalization for 7 days or more but less than 90 days. 50,000 yen
(2) When the injury results in hospitalization for less than seven days. 20,000 yen
2 Even if the Traveler is not hospitalized, if he/she falls under any of the items in Schedule 3 and has received medical treatment from a doctor, the period during which he/she is in that condition will be deemed to be the number of days of hospitalization for the purposes of applying the provisions of the preceding paragraph.
3 If we are required to pay both a solatium for hospitalization and compensation for death, or a solatium for hospitalization and compensation for permanent disability, for one Traveler, we will pay the total amount.
(Payment of medical expenses)
Article 9 If a Traveler has suffered an injury referred to in Article 1 and, as a direct result of it, has been prevented from engaging in normal business or living a normal life and has had to visit a hospital (meaning, in cases where medical treatment by a doctor is necessary, going to a hospital or clinic to receive medical treatment from a doctor (including house calls); the same applies hereinafter in this Article), and the number of such days (hereinafter referred to as the "Number of Days of Hospital Visits") amounts to 3 days or more, the Company will pay to the Traveler a solatium for hospital visits in accordance with the following classification:
(1) In the case of package tours for overseas travel
(a) When the injury requires more than 90 days of hospital treatment. 100,000 yen
(b) When the injury requires hospital treatment for 7 days or more but less than 90 days. 50,000 yen
(c) When the injury requires hospital treatment for 3 to 7 days. 20,000 yen
(2) In the case of package tours for domestic travel
(a) When the injury requires more than 90 days of hospital treatment. 50,000 yen
(b) When the injury requires hospital treatment for 7 days or more but less than 90 days. 25,000 yen
(c) When the injury requires hospital treatment for 3 to 7 days. 10,000 yen
2 Even if the Traveler does not visit a hospital, if we determine that the Traveler has been required to wear a cast, etc. at all times at the direction of a doctor to immobilize the part of the body suffering from an injury such as a fracture, and as a result has caused significant interference with his or her ability to engage in normal business or lead a normal life, the period during which he or she has been in that condition will be deemed to be the number of days of hospital visits for the purposes of applying the provisions of the preceding paragraph.
3. The Company will not pay any medical ex-gratia payments for medical visits after the injury has healed to the extent that it does not interfere with the employee's normal work or normal life.
4. Under no circumstances will the Company pay any medical expenses for medical treatment that occurs more than 180 days after the date of the accident.
5 If we are required to pay both a solatium for medical treatment and compensation for death, or a solatium for medical treatment and compensation for permanent disability, for one traveler, we will pay the total amount.
(Special provisions regarding the payment of hospitalization and outpatient benefits)
Article 10 Notwithstanding the provisions of the preceding two Articles, if the Number of Days of Hospitalization and the Number of Days of Hospital Visits per Traveler each reaches one day or more, our company will pay only the greater of the solatium amounts mentioned in the following Items (if the amounts are the same, the amount mentioned in Item 1):
(1) Hospitalization ex-gratia payment to be paid by the Company for the number of days of hospitalization in question
(2) The number of days of hospitalization plus the number of days of outpatient treatment (excluding those during the period for which the Company is to pay hospitalization ex-gratia payments) shall be deemed to be the number of days of outpatient treatment, and the number of days of hospitalization shall be the number of days for which the Company is to pay hospitalization ex-gratia payments.
(Presumption of death)
Article 11 If a Traveler has not been found within 30 days since the aircraft or ship on which he/she was boarding went missing or was in distress, he/she will be presumed to have died from the injury referred to in Article 1 on the day the aircraft or ship went missing or was in distress.
(Effects of other physical disabilities or illnesses)
Article 12 If the injury referred to in Article 1 has become serious due to the effects of a physical disability or illness that was already present at the time the Traveler suffered the injury, or due to the effects of an injury or illness that occurred after the Traveler suffered the injury, independently of the Accident that caused it, we will determine and pay the amount equivalent to what it would have been if such effects had not occurred.
Chapter 4: Accidents and Procedures for Claiming Compensation, etc.
(Request for explanation, etc. regarding the extent of injury, etc.)
Article 13 If a Traveler has suffered an injury referred to in Article 1, we may request the Traveler or the person entitled to receive compensation for death to explain the extent of the injury and a summary of the Accident which caused it, or we may request that the Traveler be examined by a medical examiner or that the body be examined. In this case, the Traveler or the person entitled to receive compensation for death must cooperate with these requests.
2 If a Traveler or a person entitled to receive compensation for death has suffered an injury referred to in Article 1 due to causes beyond the knowledge of our company, he/she must report to our company the extent of the injury, a summary of the Accident which caused it, etc. within 30 days from the date of the Accident.
3 If the traveler or the person entitled to receive compensation for death has violated the provisions of the preceding two paragraphs without a justifiable reason recognized by our company, or has failed to disclose facts known to him/her or has made a false statement in his/her explanation or report, our company will not pay compensation, etc.
(Claims for compensation, etc.)
Article 14 If a Traveler or a person entitled to receive compensation for death wishes to receive payment of Compensation, Etc., he/she must submit to the Company a Claim Form for Compensation, Etc., prescribed by the Company, along with the following documents:
(1) In the case of a claim for compensation for death
A copy of the traveler's family register and the legal heir's family register and seal certificate
(b) Accident certificate issued by a public institution (or, in unavoidable circumstances, a third party)
(c) The traveler's death certificate or postmortem certificate
(2) In the case of a claim for compensation for a permanent disability
B. Traveler's seal certificate
(b) Accident certificate issued by a public institution (or, in unavoidable circumstances, a third party)
(c) A doctor's certificate certifying the degree of residual disability
(3) In the case of claiming hospitalization benefits
A certificate of the accident issued by a public institution (or, in unavoidable circumstances, a third party)
(b) A doctor's certificate certifying the extent of the injury
C. A certificate from a hospital or clinic stating the number of days of hospitalization or outpatient treatment
(4) In the case of claiming medical treatment ex-gratia payments
A certificate of the accident issued by a public institution (or, in unavoidable circumstances, a third party)
(b) A doctor's certificate certifying the extent of the injury
C. A certificate from a hospital or clinic stating the number of days of hospitalization or outpatient treatment
2. We may request the submission of documents other than those set forth in the preceding paragraph or permit the omission of some of the documents to be submitted.
3 If the traveler or the person entitled to receive compensation for death has violated the provisions of Paragraph 1 or has failed to disclose known facts or has made a false statement in the documents submitted, we will not pay Compensation, Etc.
(subrogation)
Article 15 Even if the Company has paid Compensation, Etc., any right that the Traveler or his/her heirs have against a third party for damages in respect of an injury suffered by the Traveler will not be transferred to the Company.
Chapter 5: Personal Effects Damage Compensation
(Our liability for payment)
Article 16 If a Traveler participating in an Organized Tour operated by our Company suffers damage to his/her personal belongings (hereinafter referred to as "Goods for Compensation") due to an accident that occurred while he/she was participating in the Organized Tour, our company will pay compensation for damage to personal belongings (hereinafter referred to as "Compensation for Damage") in accordance with the provisions of this Chapter.
(Cases where compensation for damages is not paid - Part 1)
Article 17 The Company shall not pay compensation for damages caused by any of the following reasons:
(1) The Traveler's willful misconduct. However, this does not apply to damages suffered by persons other than the Traveler.
(2) Intentional acts by a relative living in the same household as the traveler. However, this does not apply if the intention was not to have the traveler receive compensation for damages.
(3) Suicidal, criminal or combative acts by the Traveler. However, this does not apply to damages suffered by persons other than the Traveler.
(4) An accident occurring while the Traveler was driving a car or a motorized bicycle without the legally required driving qualifications or while intoxicated and in a state where he or she was likely unable to drive normally. However, this does not apply to damages suffered by persons other than the Traveler.
(5) An accident that occurred while the traveler was intentionally committing an act that violated laws and regulations or while receiving services that violated laws and regulations. However, this does not apply to damages suffered by persons other than the traveler in question.
(6) The exercise of public authority by a state or public body, such as seizure, requisition, confiscation, or destruction, except when such action is taken as a necessary measure for fire prevention or evacuation.
(7) Defects in the Compensated Goods, except for defects that the Traveler or the person managing the Compensated Goods on his/her behalf could not have discovered with reasonable care.
(8) Natural wear and tear, rust, mold, discoloration, rodent damage, insect damage, etc. of the insured items.
(9) Damage that is merely cosmetic and does not impair the functionality of the insured item.
(10) Spillage of liquid that is a covered item, except for any resulting damage to other covered items.
(11) Leaving or losing items covered by compensation
(12) Any of the reasons set forth in Article 3, Paragraph 1, Items 9 to 12.
2 In the case of an Organized Tour for the purpose of Domestic Travel, in addition to the provisions of the preceding paragraph, we will not pay Compensation for Damages caused by any of the following reasons:
(1) Earthquakes, eruptions, or tsunamis
(2) Accidents that occur as a result of the events in the preceding paragraph or accidents that occur as a result of the disorder that accompanies these events.
(Cases where compensation for damages is not paid - Part 2)
Article 17-2.The Company may not pay Compensation for Damage if the Traveler falls under any of the following cases:
(1) Being recognized as belonging to anti-social forces.
(2) It is recognized that the person is involved in providing funds or convenience to anti-social forces.
(3) It is deemed that anti-social forces are being used unfairly.
(4) In the case of a corporation, it is recognized that anti-social forces control the corporation or are substantially involved in the management of the corporation.
(5) Any other relationship that is deemed to be socially reprehensible with anti-social forces.
(Products covered by compensation and their scope)
Article 18 Items eligible for compensation are limited to personal belongings that the Traveler carries with him/her while participating in the Organized Tour.
2. Notwithstanding the provisions of the preceding paragraph, the following items are not included in the items eligible for compensation:
(1) Cash, checks, other securities, revenue stamps, postage stamps, and other similar items
(2) Credit cards, coupons, airline tickets, passports, and other similar items
(3) Manuscripts, blueprints, drawings, ledgers, and other similar items (including those recorded on recording media that can be directly processed by information devices (computers and their peripheral devices, such as magnetic tapes, magnetic disks, CD-ROMs, and optical disks)).
(4) Vessels (including yachts, motorboats and boats), automobiles, motorized bicycles and their accessories.
(5) Mountain climbing equipment, exploration equipment, and other similar items
(6) Dentures, artificial limbs, contact lenses, and other similar items
(7) Animals and plants
(8) Other matters designated in advance by the Company
(Amount of damages and amount of compensation for damages paid)
Article 19 The amount of damages for which the Company shall pay compensation for damages (hereinafter referred to as "Amount of Damages") shall be the value of the Compensated Goods at the place and time when the damage occurred or the amount necessary to restore the Compensated Goods to their condition immediately before the occurrence of the damage.
The standard amount will be the total of the necessary repair costs and the expenses set forth in Paragraph 3 of the following Article, whichever is lower.
2 If the amount of damage to one or a pair of Compensated Goods exceeds 100,000 yen, the Company shall deem the amount of damage to be 100,000 yen and apply the provisions of the preceding paragraph.
3 The amount of Compensation for Damages to be paid by our company shall be limited to 150,000 yen per traveler per package tour. However, if the amount of damages does not exceed 3,000 yen per traveler per accident, our company will not pay Compensation for Damages.
(Prevention of damage, etc.)
Article 20 If a Traveler becomes aware that damage as provided for in Article 16 has occurred to Goods for Compensation, he/she must perform the following:
(1) Make efforts to prevent and mitigate damage.
(2) Notify us without delay of the extent of the damage, a summary of the accident that caused it, and whether or not the traveler has an insurance contract for the items covered by the compensation that were damaged.
(3) If the traveler is entitled to receive compensation for damages from another person, he/she shall take the necessary procedures to exercise that right.
2 If the Traveler has violated Item 1 of the preceding Paragraph without a justifiable reason, we will deem the amount of damages to be the remainder after deducting the amount that is considered to have been prevented or mitigated; if the Traveler has violated Item 2 of the same Paragraph, we will not pay any Compensation for Damage; and if the Traveler has violated Item 3 of the same Paragraph, we will deem the amount of damages to be the remainder after deducting the amount that is considered to have been received by exercising the right that he or she should have obtained.
3. We will pay the following expenses:
(1) Expenses incurred to prevent or mitigate damages as set forth in Paragraph 1, Item 1, that the Company deems necessary or beneficial.
(2) Expenses necessary for the procedures set forth in paragraph 1, item 3.
(Claims for compensation for damages)
Article 21 If a Traveler wishes to receive payment of Compensation for Damage, he/she must submit to the Company a Claim Form for Compensation for Damage specified by the Company and the following documents:
(1) An accident certificate issued by a police station or a third party acting in its place
(2) Documents proving the extent of damage to the item covered by the compensation.
(3) Other documents requested by our company
2 If the traveler violates the provisions of the preceding paragraph or intentionally makes false representations in the documents submitted, or forges or alters said documents (the same applies if the traveler has a third party do so), we will not pay compensation for damages.
(If you have an insurance contract)
Article 22 If there is an insurance contract under which insurance payments should be made for damages referred to in Article 16, the Company may reduce the amount of compensation for damages that the Company should pay.
(subrogation)
Article 23 If the Traveler has a right to claim compensation for damages against a third party in respect of damage for which our Company should pay Compensation for Damage, that right to claim compensation for damages will be transferred to our Company within the limit of the amount of Compensation for Damage that we have paid to the Traveler.
Schedule 1 (Article 5, item 1)
Mountain climbing (using climbing equipment such as ice axes, crampons, ropes, hammers, etc.), luge, bobsleigh, skydiving, hang gliding, flying ultralight aircraft (motor hang gliders, microlight aircraft, ultralight aircraft, etc.), flying gyroplanes, and other similar dangerous sports.
Schedule 2 (Article 7, Paragraphs 1, 3 and 4)
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1. Eye disorders (1) When both eyes are blind. (2) When one eye becomes blind. (3) When the corrected visual acuity of one eye becomes 0.6 or less. (4) When the visual field of one eye is constricted (meaning when the total angle of the normal visual field is reduced to 60% or less). 2. Ear disorders (1) When you have completely lost hearing in both ears. (2) When you have completely lost hearing in one ear. (3) When the hearing in one ear is such that normal speech cannot be heard at a distance of 50 centimeters or more. 3 Nasal disorders When significant impairment of nasal function remains. 4. Chewing and speech disorders (1) When the function of chewing or speech is completely lost. (2) When significant impairment of chewing or speech function remains. (3) When it leaves behind impairments in chewing or speech function. (4) When five or more teeth are missing. 5. Disfigurement of the appearance (face, head, and neck) (1) When it leaves a significant disfigurement on the appearance. (2) When it leaves a disfiguring mark on the face (on the face, this means a scar of about 2 centimeters in diameter or a linear scar of about 3 centimeters in length). 6. Spinal disorders (1) When a significant deformity or significant movement disorder remains in the spine. (2) When movement disorders remain in the spine. (3) When it leaves a deformity in the spine. 7. Disorders of the arms (above the wrist) and legs (above the ankle) (1) When you lose an arm or a leg. (2) When the function of two or three of the three major joints in an arm or leg is completely lost. (3) When the function of one of the three major joints in an arm or leg is completely lost. (4) When the function of one arm or leg is impaired. 8. Hand and finger disorders (1) When the thumb of one hand is lost above the knuckle (interphalangeal joint). (2) When the function of the thumb of one hand is significantly impaired. (3) When a finger other than the thumb is lost at or above the second knuckle (distal interphalangeal joint). (4) When the function of a finger other than the thumb is significantly impaired. 9. Toe disorders (1) When the first toe of one foot is lost above the toe joint (interphalangeal joint). (2) When the function of the big toe of one foot is significantly impaired. (3) When a toe other than the first toe is lost at or above the second toe joint (distal interphalangeal joint). (4) When significant impairment remains in the function of a toe other than the big toe. 10. When the insured person is unable to provide for his/her own life due to a serious physical disability. |
100% 60% 5% 5% 80% 30% 5% 20%
100% 35% 15% 5%
15% 3%
40% 30% 15%
60% 50%
35%
5% 20% 15% 8% 5% 10% 8% 5% 3% 100% |
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Note: In the provisions of items 7, 8, and 9, "above" refers to the part closer to the heart than the joint in question. |
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Schedule 3 (related to Article 8, Paragraph 2)
(1) Corrected visual acuity in both eyes is 0.06 or less.
(2) Loss of chewing or speech function.
(3) Hearing loss in both ears.
(4) Loss of function of all joints above the wrists in both upper limbs.
(5) Loss of function of one lower limb.
(6) Due to damage to the thoracic and abdominal organs, physical freedom is limited mainly to daily activities such as eating and washing.
(7) Due to a nervous system or mental disorder, physical freedom is limited mainly to daily activities such as eating and washing.
(8) Due to other complications in the above areas, the person's physical freedom is limited mainly to daily activities such as eating, washing, etc.
(Note) In the provision of No. 4, "above" refers to the part closer to the heart than the joint in question.