Arranged Travel Terms and Conditions

 

Chapter 1 General Provisions

(Scope of Application)

Article 1

  1. The arranged travel contracts concluded between the Company and the Traveler shall be governed by these Terms and Conditions. Matters not stipulated herein shall be governed by laws and regulations or generally established customs.

  2. Notwithstanding the preceding paragraph, where the Company and the Traveler have concluded a special agreement in writing that does not violate laws and regulations and does not disadvantage the Traveler, such special agreement shall prevail.

(Definitions of Terms)

Article 2

  1. In these Terms and Conditions, an “Arranged Travel Contract” means a contract under which the Company, upon the request of the Traveler, undertakes to arrange for the Traveler to receive transportation, accommodation, and other travel-related services (hereinafter referred to as “Travel Services”) provided by transportation and accommodation providers, etc., by acting as an agent, intermediary, or arranger.

  2. In these Terms and Conditions, “Domestic Travel” means travel conducted only within Japan, and “Overseas Travel” means travel other than Domestic Travel.

  3. In these Terms and Conditions, “Travel Price” means the fares, accommodation charges, and other costs paid by the Company to transportation and accommodation providers, etc. for arranging Travel Services, plus the Company’s prescribed handling fees (excluding change handling fees and cancellation handling fees).

  4. In this Part, a “Communication Contract” means an Arranged Travel Contract concluded with a card member of a credit card company affiliated with the Company (hereinafter referred to as the “Affiliated Company”) upon application made by telephone, mail, facsimile, Internet, or other means of communication, under which the Traveler agrees in advance that the claims or obligations relating to the Travel Price, etc. arising from the Arranged Travel Contract shall be settled in accordance with the card member terms of the Affiliated Company after the date on which such claims or obligations are to be performed, and that the Travel Price, etc. shall be paid by the method prescribed in Article 16, paragraph 2 or paragraph 5.

  5. In these Terms and Conditions, the “Card Use Date” means the date on which the Traveler or the Company is to perform the obligation to pay or refund the Travel Price, etc. under the Arranged Travel Contract.

(Completion of Arrangement Obligation)

Article 3

When the Company has arranged the Travel Services with the care of a good manager, the Company’s obligation under the Arranged Travel Contract shall be deemed fulfilled. Therefore, even if the Company is unable to conclude a contract with transportation or accommodation providers, etc. for the provision of Travel Services due to full booking, closure, unsuitable conditions, or other reasons, the Traveler shall pay the Company the prescribed travel handling fee (hereinafter referred to as the “Handling Fee”) if the Company has duly performed its obligation. In the case of a Communication Contract, the Card Use Date shall be the date on which the Company notifies the Traveler that it was unable to conclude a contract with the transportation or accommodation providers, etc.

(Subcontracting of Arrangements)

Article 4

The Company may, in performing the Arranged Travel Contract, have all or part of the arrangements carried out by other travel agencies inside or outside Japan, persons who conduct arrangement services as a business, or other assistants.

Chapter 2 Formation of Contract

(Application for Contract)

Article 5

  1. A Traveler who intends to conclude an Arranged Travel Contract with the Company shall submit to the Company an application form prescribed by the Company, duly completed with the required information, together with an application deposit in the amount separately determined by the Company.

  2. A Traveler who intends to conclude a Communication Contract with the Company shall, notwithstanding the preceding paragraph, notify the Company of the card membership number and the details of the Travel Services to be requested.

  3. The application deposit set forth in paragraph 1 shall be treated as part of the Travel Price, cancellation charges, or other monies payable by the Traveler to the Company.

(Refusal to Conclude Contract)

Article 6

The Company may refuse to conclude an Arranged Travel Contract in the following cases:

  1. In the case of a Communication Contract, where the Traveler’s credit card is invalid or the Traveler is otherwise unable to settle part or all of the obligations relating to the Travel Price, etc. in accordance with the card member terms of the Affiliated Company.

  2. Where the Traveler is recognized as a member of an organized crime group, a quasi-member, a related person, a related company, a corporate extortionist, or other antisocial forces.

  3. Where the Traveler has made violent demands, unreasonable demands, threatening statements or acts of violence in connection with transactions, or acts equivalent thereto against the Company.

  4. Where the Traveler has spread rumors, used falsehood or force to damage the Company’s credibility or obstruct the Company’s business, or committed acts equivalent thereto.

  5. Where there are other business-related reasons on the part of the Company.

(Time of Formation of Contract)

Article 7

  1. An Arranged Travel Contract shall be deemed concluded at the time when the Company accepts the conclusion of the contract and receives the application deposit prescribed in Article 5, paragraph 1.

  2. Notwithstanding the preceding paragraph, a Communication Contract shall be deemed concluded when the notice of acceptance of the application prescribed in Article 5, paragraph 2 reaches the Traveler.

(Special Provisions on Formation of Contract)

Article 8

  1. Notwithstanding Article 5, paragraph 1, the Company may, by a special agreement in writing, conclude an Arranged Travel Contract solely by accepting the conclusion of the contract without receiving an application deposit.

  2. In such case, the time of formation of the Arranged Travel Contract shall be specified in the written agreement set forth in the preceding paragraph.

(Special Provisions on Tickets and Accommodation Vouchers, etc.)

Article 9

  1. Notwithstanding Article 5, paragraph 1 and Article 8, paragraph 1, in the case of an Arranged Travel Contract whose sole purpose is the arrangement of 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 to be issued, the Company may accept an oral application.

  2. In such case, the Arranged Travel Contract shall be deemed concluded at the time when the Company accepts the conclusion of the contract.

(Contract Document)

Article 10

  1. The Company shall, without delay after the conclusion of the Arranged Travel Contract, deliver to the Traveler a document (hereinafter referred to as the “Contract Document”) stating the travel itinerary, details of the Travel Services, the Travel Price, other travel conditions, and matters concerning the Company’s responsibility. However, if the Company delivers tickets, accommodation vouchers, or other documents indicating the right to receive all Travel Services arranged by the Company, the Company may omit delivery of the Contract Document.

  2. When the Contract Document described in the main clause of the preceding paragraph is delivered, the scope of the Travel Services for which the Company is obligated to arrange under the Arranged Travel Contract shall be as stated in that Contract Document.

(Method Using Information and Communication Technology)

Article 11

  1. With the prior consent of the Traveler, if the Company provides, by means of information and communication technology, the matters to be stated in the documents described in the preceding article (hereinafter in this Article referred to as the “Stated Matters”) in lieu of delivering such documents, the Company shall confirm that the Stated Matters have been recorded in a file installed in the communication device used by the Traveler.

  2. In the case of the preceding paragraph, if the communication device used by the Traveler does not have a file for recording the Stated Matters, the Company shall record the Stated Matters in a file installed in the Company’s communication device (limited to one used exclusively for the Traveler) and shall confirm that the Traveler has viewed the Stated Matters.

Chapter 3 Changes to and Cancellation of Contract

(Changes to Contract Details)

Article 12

  1. The Traveler may request the Company to change the travel itinerary, details of the Travel Services, or other details of the Arranged Travel Contract. In such case, the Company shall comply with the Traveler’s request to the extent possible.

  2. When the details of the Arranged Travel Contract are changed at the Traveler’s request, the Traveler shall bear cancellation charges, penalty charges, and other costs payable to transportation or accommodation providers, etc. for canceling arrangements already completed, and shall also pay the Company the prescribed change handling fee. Any increase or decrease in the Travel Price resulting from such change shall accrue to the Traveler.

(Voluntary Cancellation by Traveler)

Article 13

  1. The Traveler may cancel all or part of the Arranged Travel Contract at any time.

  2. When the Arranged Travel Contract is canceled pursuant to the preceding paragraph, the Traveler shall bear the cost of Travel Services already received, or cancellation charges, penalty charges, and other costs payable to transportation or accommodation providers, etc. for Travel Services not yet received, and shall also pay the Company the prescribed cancellation handling fee and the Handling Fee that the Company would otherwise have earned.

(Cancellation Due to Reasons Attributable to the Traveler)

Article 14

  1. The Company may cancel the Arranged Travel Contract in the following cases:

    (1) When the Traveler fails to pay the Travel Price by the prescribed date.

    (2) In the case of a Communication Contract, when the Traveler’s credit card becomes invalid or the Traveler otherwise becomes unable to settle part or all of the obligations relating to the Travel Price, etc. in accordance with the card member terms of the Affiliated Company.

    (3) When it becomes clear that the Traveler falls under any of items (2) through (4) of Article 6.

  2. When the Arranged Travel Contract is canceled pursuant to the preceding paragraph, the Traveler shall bear cancellation charges, penalty charges, and other costs payable to transportation or accommodation providers, etc. for Travel Services not yet received, and shall also pay the Company the prescribed cancellation handling fee and the Handling Fee that the Company would otherwise have earned.

(Cancellation Due to Reasons Attributable to the Company)

Article 15

  1. The Traveler may cancel the Arranged Travel Contract if the arrangement of Travel Services becomes impossible due to reasons attributable to the Company.

  2. When the Arranged Travel Contract is canceled pursuant to the preceding paragraph, the Company shall refund to the Traveler the Travel Price already received, excluding costs already paid or to be paid to transportation or accommodation providers, etc. as consideration for Travel Services already received by the Traveler.

  3. The provisions of the preceding paragraph shall not preclude the Traveler from claiming damages against the Company.

Chapter 4 Travel Price

(Travel Price)

Article 16

  1. The Traveler shall pay the Travel Price to the Company by the date specified by the Company prior to the start of the trip.

  2. In the case of a Communication Contract, the Company shall receive payment of the Travel Price by the card of the Affiliated Company without requiring the Traveler’s signature on the prescribed slip. In this case, the Card Use Date shall be the date on which the Company notifies the Traveler of the finalized details of the Travel Services.

  3. Prior to the start of the trip, if the Travel Price fluctuates due to revisions of fares or charges by transportation or accommodation providers, changes in exchange rates, or other reasons, the Company may change the Travel Price.

  4. In the case of the preceding paragraph, any increase or decrease in the Travel Price shall accrue to the Traveler.

  5. In the case of a Communication Contract, if costs, etc. to be borne by the Traveler arise under the provisions of Chapter 3 or this Chapter, the Company shall receive payment of such costs, etc. by the card of the Affiliated Company without requiring the Traveler’s signature on the prescribed slip. In this case, the Card Use Date shall be the date on which the Company notifies the Traveler of the amount to be paid by the Traveler or refunded by the Company. However, if the Company cancels the Arranged Travel Contract pursuant to Article 14, paragraph 1, item (2), the Traveler shall pay such costs, etc. by the method specified by the Company by the date specified by the Company.

(Settlement of Travel Price)

Article 17

  1. If the costs paid by the Company to transportation or accommodation providers, etc. for arranging Travel Services that are to be borne by the Traveler plus the Handling Fee (hereinafter referred to as the “Settled Travel Price”) do not match the amount already received as the Travel Price, the Company shall promptly settle the Travel Price after the end of the trip in accordance with the following two paragraphs.

  2. If the Settled Travel Price exceeds the amount already received as the Travel Price, the Traveler shall pay the difference to the Company.

  3. If the Settled Travel Price is less than the amount already received as the Travel Price, the Company shall refund the difference to the Traveler.

Chapter 5 Group and Group Arrangements

(Group Arrangements)

Article 18

When multiple Travelers traveling on the same itinerary at the same time designate a responsible representative (hereinafter referred to as the “Contract Representative”) and apply for an Arranged Travel Contract, the provisions of this Chapter shall apply.

(Contract Representative)

Article 19

  1. Unless otherwise agreed by special agreement, the Company shall deem that the Contract Representative has full authority to act on behalf of the Travelers constituting the group (hereinafter referred to as the “Members”) with respect to the conclusion of the Arranged Travel Contract, and transactions relating to travel services for the group and the services set forth in Article 22, paragraph 1 shall be conducted with the Contract Representative.

  2. The Contract Representative shall submit a list of the Members to the Company or notify the Company of the number of Members by the date specified by the Company.

  3. The Company shall not be responsible for any obligations or duties that the Contract Representative currently owes or is expected to owe to the Members.

  4. If the Contract Representative does not accompany the group, after the start of the trip, the Company shall deem a Member designated in advance by the Contract Representative to be the Contract Representative.

(Special Provisions on Formation of Contract)

Article 20

  1. When the Company concludes an Arranged Travel Contract with a Contract Representative, notwithstanding Article 5, paragraph 1, the Company may accept the conclusion of the Arranged Travel Contract without receiving an application deposit.

  2. In such case, the Company shall deliver to the Contract Representative a document stating that effect, and the Arranged Travel Contract shall be deemed concluded at the time when the Company delivers such document.

(Change of Members)

Article 21

  1. When the Company receives a request from the Contract Representative to change the Members, the Company shall comply with such request to the extent possible.

  2. Any increase or decrease in the Travel Price and any costs required for such change shall accrue to the Members.

(Escort Service)

Article 22

  1. Upon request by the Contract Representative, the Company may assign an escort to accompany the group and provide escort services.

  2. The content of the escort services shall, in principle, be limited to the duties necessary for group activities in accordance with the predetermined travel itinerary.

  3. The hours during which the escort provides escort services shall, in principle, be from 8:00 a.m. to 8:00 p.m.

  4. When the Company provides escort services, the Contract Representative shall pay the Company the prescribed escort service fee.

Chapter 6 Liability

(Liability of the Company)

Article 23

  1. If the Company or a person to whom the Company has delegated arrangements pursuant to Article 4 (hereinafter referred to as an “Arrangement Agent”) causes damage to the Traveler intentionally or negligently in the performance of the Arranged Travel Contract, the Company shall be liable to compensate for such damage, provided that the Traveler notifies the Company within two years from the day following the occurrence of the damage.

  2. If the Traveler suffers damage due to natural disasters, war, riots, suspension of Travel Services by transportation or accommodation providers, orders of public authorities, or other causes beyond the involvement of the Company or its Arrangement Agents, the Company shall not be liable to compensate for such damage, except in the case set forth in the preceding paragraph.

  3. Notwithstanding paragraph 1, with respect to damage to baggage, the Company shall compensate up to a limit of JPY 150,000 per Traveler (unless the Company has acted intentionally or with gross negligence), only if the Traveler notifies the Company within 14 days from the day following the occurrence of the damage in the case of Domestic Travel, or within 21 days in the case of Overseas Travel.

(Responsibility of the Traveler)

Article 24

  1. If the Company suffers damage due to the intentional or negligent act of the Traveler, the Traveler shall compensate the Company for such damage.

  2. When concluding an Arranged Travel Contract, the Traveler shall endeavor to make use of the information provided by the Company and to understand the rights and obligations of the Traveler and other details of the Arranged Travel Contract.

  3. After the start of the trip, in order to smoothly receive the Travel Services stated in the Contract Document, if the Traveler becomes aware that Travel Services different from those stated in the Contract Document are being provided, the Traveler shall promptly notify the Company, the Company’s Arrangement Agent, or the provider of such Travel Services at the travel destination.

Chapter 7 Performance Guarantee Deposit

(Performance Guarantee Deposit)

Article 25

  1. The Company is a guaranteed member of the Japan Association of Travel Agents (3rd Floor, Zen-Nittsu Kasumigaseki Building, 3-3-3 Kasumigaseki, Chiyoda-ku, Tokyo).

  2. A Traveler or Member who has concluded an Arranged Travel Contract with the Company may receive reimbursement of claims arising from such transactions from the performance guarantee deposit deposited by the Japan Association of Travel Agents, up to a limit of JPY 11,000,000.

  3. Since the Company has paid its share of the performance guarantee deposit to the Japan Association of Travel Agents pursuant to Article 49, paragraph 1 of the Travel Agency Act, the Company has not deposited a business guarantee deposit pursuant to Article 7, paragraph 1 of the same Act.