Chapter 1 General Provisions
(Scope of application)
Article 1 The Arranged Travel Contract that our company concludes with the traveler shall be subject to the provisions of these General Terms and Conditions. Any matters not provided for in these General Terms and Conditions shall be governed by laws and regulations or generally established customs.
2. If we have concluded a special agreement in writing which does not violate laws and regulations and is not disadvantageous to the Traveler, that special agreement will take precedence, notwithstanding the provisions of the preceding Paragraph.
(Definition of terms)
Article 2 In these General Terms and Conditions, an "Arranged Travel Contract" means a contract under which we, at the request of the Traveler, undertake to make arrangements for the Traveler to receive transportation, accommodation and other travel-related services (hereinafter referred to as "Tour Services") offered by transportation and accommodation facilities, etc., by acting as an agent, intermediary or broker on behalf of the Traveler.
2. In these terms and conditions, "Domestic Travel" means travel solely within Japan, and "Overseas Travel" means travel other than Domestic Travel.
3. In these General Terms and Conditions, "tour price" means the fare, accommodation charges and other expenses paid by our company to transportation and accommodation facilities, etc. in order to arrange the travel services, as well as the travel business handling fee specified by our company (excluding change procedure fees and cancellation procedure fees).
4. In this Part, a "Communications Contract" means an Arranged Travel Contract which is concluded with a card member of a credit card company with which we are affiliated (hereinafter referred to as the "Affiliated Company") 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 we have against the Traveler for the travel fee, etc. based on the Arranged Travel Contract on or after the date on which such claims or debts should be fulfilled in accordance with the card membership rules of the Affiliated Company separately specified, and in which the travel fee, etc. will be paid in the manner specified in Article 16, Paragraph 2 or 5.
5. In these General Terms and Conditions, the "Card Use Date" means the date on which the Traveler or our company should pay the travel fare, etc. or fulfill the refund obligations under the Arranged Travel Contract.
(Termination of Arrangement Obligations)
Article 3 When we have arranged for travel services with the care of a good manager, the performance of our obligations under the Arranged Travel Contract shall be completed. Therefore, even if we are unable to conclude a contract to provide travel services with transportation and accommodation facilities, etc. due to reasons such as full occupancy, closure, or inappropriate conditions, if we have fulfilled our obligations, the traveler must pay to us the travel business handling fee (hereinafter referred to as the "Handling Fee") specified by our company. If a communications contract is concluded, the Card Use Date shall be the date on which we notify the traveler that we were unable to conclude a contract to provide travel services with transportation and accommodation facilities, etc.
(Arrangement Agent)
Article 4 In performing an Arranged Tour Contract, we may have another travel agent, a person who makes arrangements as a business, or other assistant, either in Japan or outside Japan, make all or part of the arrangements on our behalf.
Chapter 2 Formation of Contract
(Application for a contract)
Article 5 A traveler who wishes to enter into an Arranged Tour Contract with our company must fill in the required information on the application form provided by our company and submit it to our company together with an application fee in an amount separately determined by our company.
2. Notwithstanding the provisions of the preceding Paragraph, a Traveler who wishes to conclude a Communications Contract with us must notify us of his/her membership number and the contents of the Travel Services he/she wishes to request.
3. The application fee referred to in Paragraph 1 shall be treated as part of the travel fee, cancellation fee and other monies to be paid by the Traveler to our Company.
(Refusal to enter into a contract)
Article 6 We may refuse to enter into an Arranged Tour Contract in the following cases:
(1) 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 debts relating to the Travel Fee, etc. in accordance with the card membership terms and conditions of the Affiliated Company.
(2) When the traveler is recognized as 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, a corporate racketeer or any other anti-social force.
(3) When the traveler makes violent demands or unreasonable demands to our company, or uses threatening words or actions or violence in connection with the transaction, or any other act equivalent thereto.
4. When the traveler has spread rumors, used fraudulent means or used force to damage our reputation or interfere with our business, or has engaged in any other act equivalent thereto.
5. When there are other business reasons for our company.
(Time of Formation of Contract)
Article 7 An Arranged Travel Contract shall be deemed to have been concluded when our company agrees to the conclusion of the contract and accepts the application fee referred to in Article 5, Paragraph 1.
2. Notwithstanding the provisions of the preceding Paragraph, the Communications Contract will be deemed to have been established when the notice by which we accept the application referred to in Article 5, Paragraph 2, reaches the Traveler.
(Special Provisions on Formation of Contracts)
Article 8 Notwithstanding the provisions of Article 5, Paragraph 1, we may, by special written agreement, enter into an Arranged Travel Contract without receiving the application fee, by merely accepting the conclusion of the contract.
2. In the case of the preceding paragraph, the time when the Arranged Travel Contract is concluded will be clearly stated in the document referred to in the preceding paragraph.
(Special provisions for train tickets and accommodation vouchers, etc.)
Article 9 Notwithstanding the provisions of Article 5, Paragraph 1 and the preceding Article, Paragraph 1, we may accept oral applications for Arranged Tour Contracts whose purpose is solely to arrange transportation services or accommodation services and for which a document indicating the right to receive such Travel Services in exchange for the Travel Price is issued.
2. In the case of the preceding paragraph, the Arranged Travel Contract shall be deemed to have been established at the time when our company consents to the conclusion of the contract.
(Contract document)
Article 10 Promptly after the conclusion of an Arranged Tour Contract, we will issue to the traveler a document stating the itinerary, content of Travel Services, travel price, other conditions for the trip, and particulars concerning our responsibility (hereinafter referred to as the "Contract Document"); provided, however, that if we issue a document indicating the right to receive tickets, accommodation vouchers, and other Travel Services for all Travel Services arranged by us, we may not issue the Contract Document.
2. In cases where the Contract Document referred to in the main clause of the preceding Paragraph has been issued, the scope of the Travel Services for which we are obligated to arrange under the Arranged Travel Contract shall be as stated in said Contract Document.
(Methods using information and communication technology)
Article 11 If, with the traveler's prior consent, instead of issuing the traveler a document stating the itinerary, content of travel services, travel fee and other conditions for the travel and matters concerning our responsibility or a contract document to be issued to the traveler when an Arranged Tour Contract is being concluded, we have provided the traveler with the matters to be stated in such document (hereinafter in this Article referred to as "Matters to Be Stated") by means of information and communications technology, we will confirm that the Matters to Be Stated 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 exclusively for the Traveler's use) kept in the communications equipment used by our company and confirm that the Traveler has viewed the Matters to Be Mentioned.
Chapter 3: Amendment and Termination of Contract
(Changes to contract contents)
Article 12 The Traveler may request that we change the itinerary, the contents of Travel Services, or other contents of the Arranged Tour Contract. In this case, we will comply with the Traveler's request to the extent possible.
2. If the contents of the Arranged Travel Contract are changed at the request of the Traveler as described in the preceding paragraph, the Traveler shall bear the cancellation fee, penalty fee, and other costs required for changing the arrangements that would be payable to transportation and accommodation facilities, etc. when canceling arrangements that have already been completed, and shall also pay to us the change procedure fee specified by our company. Furthermore, any increase or decrease in the travel price resulting from the change in the contents of the Arranged Travel Contract shall belong to the Traveler.
(Voluntary cancellation by traveler)
Article 13 The traveler may cancel the Arranged Travel Contract in whole or in part at any time.
2. If an Arranged Travel Contract is canceled in accordance with the provisions of the preceding Paragraph, the Traveler shall, in addition to bearing the consideration for the Travel Services already received by the Traveler, or the cancellation fee, penalty charge, and other expenses already paid or to be paid to transportation, accommodation, etc. in connection with Travel Services not yet received, pay to us the cancellation procedure fee specified by our company and the handling fee that we would have received.
(Cancellation due to reasons attributable to the traveler)
Article 14 We may cancel the Arranged Tour Contract in the following cases:
1. When the traveler fails to pay the travel fee by the specified date.
(2) 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 his/her debts relating to the Travel Fee, etc. in accordance with the card membership terms and conditions of the Affiliated Company.
3. When it is found that the traveler falls under any of the items 2 to 4 of Article 6.
2. If an Arranged Travel Contract is canceled in accordance with the provisions of the preceding Paragraph, the Traveler must bear the cancellation fee, penalty charge, and other expenses already paid or to be paid in the future to transportation and accommodation facilities, etc. in connection with Travel Services not yet received, and must also pay to us the cancellation procedure fee specified by our company and the handling fee that we would have received.
(Termination due to reasons attributable to the Company)
Article 15 If it becomes impossible to arrange Travel Services due to reasons attributable to our company, the traveler may cancel the Arranged Travel Contract.
2. If an Arranged Travel Contract is canceled in accordance with the provisions of the preceding Paragraph, we will refund to the Traveler the travel fee already received, excluding any expenses already paid or to be paid in the future to transportation and accommodation facilities, etc., as consideration for the Travel Services already received by the Traveler.
3. The provisions of the preceding paragraph shall not prevent the Traveler from claiming compensation for damages against our company.
Chapter 4 Travel Fee
(Travel fee)
Article 16 The traveler must pay the travel fee to us by the period specified by us prior to the commencement of the travel.
2. When a Communications Contract is concluded, we will receive payment of the travel fee by card of an Affiliated Company without the traveler's signature on the prescribed slip. In this case, the card use date will be the date on which we notify the traveler of the contents of the confirmed travel services.
3. If the travel price changes before the start of the trip due to revisions to fares and fees of transportation and accommodation facilities, fluctuations in exchange rates, or other reasons, we may change the travel price.
4. In the case of the preceding paragraph, any increase or decrease in the travel price shall belong to the traveler.
5. If we have concluded a Communications Contract with the Traveler and expenses, etc. to be borne by the Traveler arise in accordance with the provisions of Chapter 3 or Chapter 4, we will receive payment of those expenses, etc. by card of an Affiliated Company without the Traveler's signature on the prescribed slip. In this case, the Card Use Date will be the date on which we notify the Traveler of the amount of the Expenses, etc. to be paid by the Traveler to us or the amount to be refunded by us to the Traveler. However, if we cancel an Arranged Travel Contract in accordance with the provisions of Article 14, Paragraph 1, Item 2, the Traveler must pay the Expenses, etc. to be paid by the Traveler to us by the date specified by us and by the payment method specified by us.
(Settlement of travel fare)
Article 17 If the expenses paid by us to transportation and accommodation facilities, etc. in order to arrange the Travel Services which should be borne by the traveler, as well as the handling charges (hereinafter referred to as the "Adjusted Travel Price") do not match the amount already received as the Travel Price, we will settle the Travel Price promptly after the completion of the travel in accordance with the following Paragraph and Paragraph 3.
2. If the Adjustment Travel Fee exceeds the amount already received as the Travel Fee, the Traveler must pay the difference to us.
3. If the adjusted travel fee is less than the amount already received as the travel fee, we will refund the difference to the traveler.
Chapter 5: Organization and Group Arrangements
(Group/organization arrangements)
Article 18 We will apply the provisions of this Chapter to the conclusion of an Arranged Tour Contract applied for by two or more 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 19 Except where a special agreement has been concluded, the Company will deem the Contract Representative to have full power of representation regarding the conclusion of Arranged Tour Contracts for the Travelers constituting that party/group (hereinafter referred to as the "Member(s)"), and will conduct transactions concerning the travel business in relation to that party/group and the business referred to in Article 22, Paragraph 1, with that Contract Representative.
2. The Contracting Person must submit a list of members to us or notify us of the number of members by the date specified by us.
3. The Company shall not be liable for any debts or obligations that the Contracting Person currently owes or is expected to owe in the future to the Members.
4. If the Contract Representative does not accompany the party/group, after the commencement of the travel, the Company shall deem a member selected in advance by the Contract Representative to be the Contract Representative.
(Special Provisions on Formation of Contracts)
Article 20 When concluding an Arranged Tour Contract with the Person Responsible for Contract, notwithstanding the provisions of Article 5, Paragraph 1, we may agree to the conclusion of the Arranged Tour Contract without receiving the application fee.
2. If an Arranged Tour Contract is concluded without receiving the application fee in accordance with the provisions of the preceding paragraph, we will deliver a document to that effect to the person responsible for the contract, and the Arranged Tour Contract will be deemed to have come into effect at the time we deliver said document.
(Change of members)
Article 21 If the Person Responsible for Contract requests a change to the members of the Contract, we will comply with this request to the extent possible.
2. Any increase or decrease in the travel price resulting from the changes referred to in the preceding paragraph and any expenses required for such changes shall be borne by the Constituent Parties.
(tour escort service)
Article 22 At the request of the Contract Person, we may provide tour conductor services by having a tour conductor accompany the party or group.
2. In principle, the tour conductor's tour services shall consist of the work necessary to carry out group activities on a predetermined travel itinerary.
3. In principle, the hours during which tour conductors provide tour conducting services shall be from 8:00 to 20:00.
4. When our company provides tour conductor services, the contract representative must pay to our company the prescribed tour conductor service fee.
Chapter VI Responsibility
(Our Responsibility)
Article 23 If, in the performance of an Arranged Travel Contract, we 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 "Arrangement Agent") causes damage to the traveler intentionally or through negligence, we will be liable to compensate for the damage, provided that notice is given to us within two years counting from the day following the occurrence of the damage.
2. If a Traveler has suffered damage due to a natural disaster, war, riot, suspension of the provision of Travel Services by transportation and accommodation facilities, etc., orders from a government agency, or other causes beyond the control of our company or our arrangements agent, we shall not be liable for compensation for the damage, except in the case referred to in the preceding Paragraph.
3. Notwithstanding the provisions of Paragraph 1, with regard to damage caused 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 caused intentionally or by gross negligence on the part of us), only if we are notified of the damage within 14 days in the case of Domestic Travel, or within 21 days in the case of Overseas Travel, from the day following the day on which the damage occurred.
(Responsibility of Travelers)
Article 24 If our company suffers damage due to the intention or negligence of a traveler, the traveler must compensate for the damage.
2. When entering into an Arranged 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 Arranged Tour Contract.
3. In order to receive smoothly the Travel Services mentioned in the Contract Document, if a Traveler realizes after the commencement of the travel that Travel Services provided differ from those mentioned in the Contract Document, he/she must notify us, our travel arrangements agent or the Travel Service provider concerned promptly at the travel destination.
Chapter 7 Payment Guarantee Bonds
(Payment Guarantee Bond)
Article 25 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 an Arranged Travel Contract with our company may receive payment up to the amount of yen from the payment guarantee bond deposited by the All Nippon Travel Agents Association, a general incorporated association, as referred to in the preceding paragraph, in connection with 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.
