Arranged Tour Contracts
Chapter I General Provisions
(Scope of Application)
Article 1
An Arranged Tour Contract which this company (hereinafter referred to as "theCompany") concludes with the Traveler shall be subject to these General Terms andConditions. Matters which are not provided for in these General Terms and Conditionsshall be governed by the laws, ordinances, regulations and generally establishedpractice.
2. If the Company has concluded a special agreement in writing not in violation of thelaw, ordinances and regulations and within the scope not unfavorable to the Traveler,that special agreement, notwithstanding the provisions of the preceding Paragraph, shallprevail over the provisions of these General Terms and Conditions.
(Definition of Terms)
Article 2
An "Arranged Tour Contract" as stated in these General Terms and Conditions means acontract under which the Company, commissioned by the Traveler, undertakes to makearrangements so that the Traveler can receive services for transportation,accommodation, and other services for travel provided bytransportation/accommodation facilities (hereinafter referred to as "Travel Services") byacting as a representative, as an intermediary, as an agent, etc., on behalf of the Traveler.
2. As stated in these General Terms and Conditions, "Domestic Travel" means travelonly within Japan and "Overseas Travel" means travel other than Domestic Travel.
3. A "Travel Fee" as stated in these General Terms and Conditions means a chargewhich the Company pays to transportation/accommodation facilities, etc., such as a fare,accommodation charges, etc., and the prescribed travel business handling fee of theCompany (excluding a fee for procedures for making a change as well as that formaking a cancellation) in order for the Company to make arrangements for TravelServices..
4. A "Communications Contract" as stated in this part means an Arranged Tour Contractwhich the Company concludes with a card member of the credit card company affiliatedwith the Company (hereinafter referred to as the "Affiliated Company") in accordancewith an application made by telephone, mail, facsimile, or any other means of.
communication with which the Traveler agrees in advance to settle any credit or debt ofthe Company in respect of the Traveler concerning the Travel Fee, etc., based on theArranged Tour Contract on or after the date on which such credit or debt should besettled in accordance with the card membership rules of the Affiliated Companyseparately established, and with which the traveler pays the Travel Fee, etc., inaccordance with the method provided for in Paragraph 2 or 5, Article 16..
5. An "Electronic Acceptance Notice" as stated in this part means a notice of acceptancewith respect to an application for a contract which is sent by, among various methodsusing information and communications technology, the method of transmission on thetelecommunications line connecting the computer, facsimile machine, telex or telephone(hereinafter referred to as "Computer, Etc.") used by the Company and the Computer,Etc., used by the Traveler..
6. A "Card Use Day" as stated in these General Terms and Conditions means the day onwhich the Traveler or the Company should pay the Travel Fee, etc., or settle the refunddebts in accordance with the Arranged Tour Contract..
(Completion of Obligations Concerning Arrangements)
Article 3
When the Company has made arrangements for Travel Services with the goodmanager‚s duty of due care, the performance of the Company‚s obligations based on theArranged Tour Contract is deemed completed. Accordingly, even if the Company wasunable to conclude a contract with transportation/accommodation facilities, etc., forproviding Travel Services due to a reason of being full, suspension of business,conditions being unsuitable, etc., the Traveler has to pay to the Company its prescribedtravel business handling fee (hereinafter referred to as the "Handling Fee") if theCompany has fulfilled its obligations. If a Communications Contract has beenconcluded, the Card Use Day shall be the day on which the Company has notified theTraveler to the effect that the Company was unable to conclude a contract withtransportation/accommodation facilities, etc., for the provision of Travel Services..
(Arrangements Agent)
Article 4.
In performing an Arranged Tour Contract, the Company may have another travel agent,a person handling travel arrangements as a business, or any other auxiliary in Japan orany other place outside Japan perform as an agent for all or part of the arrangements..
Chapter II Entry into Effect of Contracts
(Application for a Contract)
Article 5
A Traveler who intends to conclude an Arranged Tour Contract with the Company mustenter the prescribed matters in an application form prescribed by the Company andsubmit it to the Company together with the application fee, the amount of which shallbe separately specified by the Company.
2. Notwithstanding the provisions of the preceding Paragraph, a Traveler who intends toconclude a Communications Contract with the Company must notify the Company ofhis/her membership number and the contents of Travel Services which he/she intends torequest.
3. The application fee referred to in Paragraph 1 will be treated as part of the Travel Fee,the cancellation fee or other money which the Traveler should pay to the Company.
(Refusal to Conclude a Contract)
Article 6
The Company may not agree to conclude an Arranged Tour Contract in any of thefollowing cases:.
(1) If the Company‚s business situation necessitates it..
(2) In case of intending to conclude a Communications Contract, if the Traveler isunable to settle part or all of his/her liability concerning the Travel Fee, etc., inaccordance with the card membership rules of the Affiliated Company due to thefact that his/her credit card is invalid, etc..
(Time of Entry into Effect of a Contract)
Article 7
An Arranged Tour Contract enters into effect when the Company has agreed to concludeit and has received the application fee referred to in Paragraph 1, Article 5..
2. Notwithstanding the provisions of the preceding Paragraph, a CommunicationsContract enters into effect when the Company has sent a notice of accepting theapplication referred to in Paragraph 2, Article 5. However, in case of sending anElectronic Acceptance Notice under that contract, such contract comes into effect whensuch notice has reached the Traveler..
(Special Provisions for Entry into Effect of a Contract)
Article 8
Notwithstanding the provisions of Paragraph 1, Article 5, the Company may have anArranged Tour Contract come into effect only by accepting the conclusion of thecontract without receiving the application fee under a special written agreement..
2. In a case referred to in the preceding Paragraph, the time of entering into effect of theArranged Tour Contract shall be made clear in the special agreement referred to in thepreceding Paragraph..
(Special Provisions for Train (Bus) Tickets, Accommodation Coupons, Etc.)
Article 9
Notwithstanding the provisions of Paragraph 1, Article 5 and Paragraph 1 of thepreceding Article, the Company may accept an oral application for an Arranged TourContract intended only for arrangements for transportation or accommodation servicesunder which a document is issued indicating the right to receive such Travel Services inreturn for the Travel Fee..
2. In the case referred to in the preceding Paragraph, an Arranged Tour Contract isdeemed to enter into effect when the Company has agreed to conclude such contract..
(Contract Document)
Article 10
Promptly after an Arranged Tour Contract has come into effect, the Company shall issueto the Traveler a document mentioning the itinerary, the contents of Travel Services, theTravel Fee, and other conditions for the tour, as well as matters concerning theCompany‚s responsibility (hereinafter referred to as a "Contract Document"). However,if the Company delivers train (bus) tickets, accommodation coupons, etc., and otherdocuments indicating the right to receive Travel Services with respect to all the TravelServices for which it makes arrangements, it may not issue such Contract Document..
2. If a Contract Document referred to in the first sentence of the preceding Paragraphhas been issued, the scope of the Travel Services for which the Company is obligated tomake arrangements under the Arranged Tour Contract is subject to what is mentioned insuch Contract Document..
(Method Using Information and Communications Technology)
Article 11
With the prior agreement with the Traveler, if the Company, instead of issuing adocument mentioning the itinerary, the contents of Travel Services, the Travel Fee andother conditions for the tour, as well as matters concerning the responsibility of theCompany, to be issued to the Traveler when concluding an Arranged Tour Contract, or aContract Document, has provided the matters which should be mentioned in suchdocument (hereinafter referred to in this Article as "Matters To Be Mentioned") by amethod using information and communications technology, it will confirm that theMatters To Be Mentioned have been recorded in a file kept in the communicationsequipment used by the Traveler..
2. In the case referred to in the preceding Paragraph, if a file for recording the MattersTo Be Mentioned is not kept in the communications equipment used by the Traveler, theCompany will record the Matters To Be Mentioned in a file kept in the communicationsequipment used by the Company (limited to a file which is used only for the Travelerconcerned) and confirm that the Traveler has read the Matters To Be Mentioned..
Chapter III Change and Cancellation of Contracts
(Change in Contract Contents)
Article 12
The Traveler may request the Company to change the itinerary, the contents of TravelServices and other contents of the Arranged Tour Contract. In this case, the Companywill comply with the Traveler‚s request to the reasonably practical extent..
2. If a change is to be made in the contents of the Arranged Tour Contract at the requestof the Traveler referred to in the preceding Paragraph, the Traveler must bear acancellation fee, a penalty to be paid to transportation/accommodation facilities, etc.,when canceling the arrangements already completed, as well as any other cost requiredfor the change in the arrangements, and pay to the Company a fee for procedures formaking a change prescribed by the Company. Any increase or reduction in the TravelFee resulting from the change in the contents of the Arranged Tour Contract concernedshall be attributed to the Traveler..
(Voluntary Cancellation by the Traveler)
Article 13
The Traveler may cancel the Arranged Tour Contract in whole or in part at any time..
2. If the Arranged Tour Contract has been canceled in accordance with the provisions ofthe preceding Paragraph, the Traveler must, in addition to bearing the cost which hasalready been paid, or which must be paid in the future, to transportation/accommodationfacilities, etc., as a consideration for the Travel Services already received by theTraveler, or as the cancellation fee, the penalty, etc., for the Travel Services not yetreceived, pay to the Company the fee for procedures for making a cancellationprescribed by the Company and the Handling Charge which the Company would havereceived..
(Cancellation Due to a Cause Attributable to the Traveler)
Article 14
The Company may cancel the Arranged Tour Contract in any of the following cases:.
(1) If the Traveler has not paid the Travel Fee by the prescribed date;.
(2) If the Traveler has become unable to settle the debt in connection with the TravelFee, etc., in whole or in part in accordance with the card membership rules of theAffiliated Company, for such a reason as the Traveler‚s credit card becoming invalidafter a Communications Contract has been concluded..
2. If the Arranged Tour Contract has been canceled in accordance with the provisions ofthe preceding Paragraph, the Traveler must, in addition to bearing the cost which hasalready been paid, or which must be paid in the future, to transportation/accommodationfacilities, etc., as the cancellation fee, the penalty, etc., for the Travel Services not yetreceived, pay to the Company the fee for procedures for making a cancellationprescribed by the Company and the Handling Charge which the Company would havereceived..
(Cancellation Due To a Cause Attributable to the Company)
Article 15
The Traveler may cancel the Arranged Tour Contract if it has become impossible tomake arrangements for Travel Services due to causes attributable to the Company..
2. If the Arranged Tour Contract has been canceled in accordance with the provisions ofthe preceding Paragraph, the Company shall refund the Traveler the Travel Fee alreadyreceived, excluding the cost which has already been paid, or which must be paid in thefuture, for transportation/accommodation facilities, etc., as a consideration for theTravel Services already received by the Traveler..
3. The provisions in the preceding Paragraph do not prevent the Traveler from making aclaim against the Company for damages..
Chapter IV Travel Fee
(Travel Fee)
Article 16
The Traveler must pay the Travel Fee to the Company by the time, prior to thecommencement of the tour, fixed by the Company..
2. If a Communications Contract has been concluded, the Company will receivepayment of the Travel Fee by means of the card of the Affiliated Company without theTraveler‚s signature on a prescribed payment slip. In this case, the day on which theCompany has notified the Traveler of the finalized contents of Travel Services shall beconsidered to be the Card Use Day..
3. If fluctuation in the Travel Fee has arisen prior to the commencement of the tour dueto a revision of a fare/charge of the transportation/accommodation facilities, etc.,exchange rate fluctuations or any other cause, the Company may change the Travel Feeconcerned..
4. In the case referred to in the preceding Paragraph, the increase or reduction in theTravel Fee shall be attributed to the Traveler..
5. Where a Communications Contract has been concluded with the Traveler, if there hasarisen any cost, etc., to be borne by the Traveler in accordance with the provisions ofChapter III or IV, the Company will receive payment of such cost, etc., by means of thecard of the Affiliated Company without the Traveler‚s signature on a prescribed paymentslip. In this case, the day on which the Company has notified the Traveler of theamount of the cost, etc., to be paid by the Traveler to the Company or of the amount tobe refunded by the Company to the Traveler shall be considered to be the Card Use Day.However, if the Company has canceled the Arranged Tour Contract in accordance withthe provisions of Item (2), Paragraph 1, Article 14, the Traveler must pay the cost, etc.,to be paid by the Traveler to the Company by the date fixed by the Company by themethod of payment specified by the Company..
(Adjustment of the Travel Fee)
Article 17
If the Handling Charge and the amount of cost paid by the Company to thetransportation/accommodation facilities, etc., to make arrangements for Travel Serviceswhich should be borne by the Traveler (hereinafter referred to as the "Adjustment TravelFee"), on one hand, and the amount already received as the Travel Fee, on the other, arenot in agreement, the Company shall promptly adjust the Travel Fee after thecompletion of the travel in accordance with the provisions of Paragraphs 2 and 3..
2. If the Adjustment Travel Fee exceeds the amount already received as the Travel Fee,the Traveler must pay the difference to the Company..
3. If the Adjustment Travel Fee is less than the amount already received as the TravelFee, the Company shall refund the difference to the Traveler..
Chapter V Party/Group Arrangements
(Party/Group Arrangements)
Article 18
With respect to the conclusion of an Arranged Tour Contract for which more than oneTraveler traveling together, following the same itinerary at the same time, have appliedafter designating their responsible representative (hereinafter referred to as the "PersonResponsible for Contract"), the Company applies the provisions of this Chapter..
(Person Responsible for Contract)
Article 19
Except when a special agreement has been concluded, it shall be deemed that the PersonResponsible for Contract has all power of agency concerning the conclusion of anArranged Tour Contract for the Travelers constituting the party/group concerned(hereinafter referred to as the "Member(s)"), and the Company will conduct thetransactions concerning the travel business in connection with the said party/group, aswell as the business referred to in Paragraph 1, Article 22, with the said PersonResponsible for Contract..
2. The Person Responsible for Contract must submit to the Company a list of theMembers or notify the Company of the number of the Members by the date fixed by theCompany..
3. The Company bears no responsibility for any debt or obligation to a Member whichthe Person Responsible for Contract currently has or is expected to have in the future..
4. If the Person Responsible for Contract does not accompany the party/group, theCompany deems that the Member who has been assigned by the Person Responsible forContract in advance as the Person Responsible for Contract after the commencement ofthe travel..
(Special Provisions for Entry into Effect of Contracts)
Article 20
Notwithstanding the provisions of Paragraph 1, Article 5, in case an Arranged TourContract is to be concluded with the Person Responsible for Contract, the Companymay agree to conclude an Arranged Tour Contract without receiving the application fee..
2. If an Arranged Tour Contract is to be concluded without receiving the application feein accordance with the provisions of the preceding Paragraph, the Company shall issueto the Person Responsible for Contract a document containing an entry to that effect,and the Arranged Tour Contract shall enter into effect at the time when the Companyhas issued the said document..
(Change in the Members of the Party/Group)
Article 21
If a change in the Members of the party/group has been brought up by the PersonResponsible for Contract, the Company will comply with it to the reasonably practicalextent..
2. The increase or reduction in the Travel Fee resulting from the change referred to inthe preceding Paragraph or the cost involved in such change shall be attributed to theMembers of the party/group..
(Tour Conducting Services)
Article 22
At the request of the Person Responsible for Contract, the Company may provide tourconducting services by having a tour conductor accompany the party/group concerned..
2. In principle, the contents of tour conducting services performed by the tour conductorwill consist of work necessary for securing the Party/Group activities from theviewpoint of following the itinerary fixed in advance..
3. In principle, the period of time during which the tour conductor provides tourconducting services is from 8:00 to 20:00..
4. When the Company has provided tour conducting services, the Person Responsiblefor Contract must pay to the Company the prescribed fee for the tour conductingservices..
Chapter VI Responsibility
(Responsibility of the Company)
Article 23
In performing an Arranged Tour Contract, if the Company or the person whom theCompany has had act as an agent in making arrangements in accordance with theprovisions of Article 4 (hereinafter referred to as the "Arrangements Agent") has causeddamage to a Traveler intentionally or by negligence, the Company shall be responsiblefor compensating for the damage, provided that the Company is notified within 2 yearsof the day following the date of occurrence of such damage..
2. If a Traveler has incurred damage due to a natural disaster, a war, a riot, suspension ofthe provision of Travel Services by transportation/accommodation facilities, etc., anorder of a government or other public offices, or any other cause in which the Companyor the Arrangements Agent of the Company is unable to intervene, the Company shallnot be responsible for compensating for the damage except in the case referred to in thepreceding Paragraph..
3. Notwithstanding the provisions of Paragraph 1, for the damage caused to baggagereferred to in the same Paragraph, the Company shall compensate within the limits of150,000 yen per Traveler (except in a case where the damage was due to intention orgross negligence on the part of the Company), provided that the Company has beennotified of the damage within 14 days in case of Domestic Travel, or within 21 days incase of Overseas Travel, of the day following the date of occurrence of such damage..
(Responsibility of the Traveler)
Article 24
If the Company incurred any damage caused by a Traveler intentionally or bynegligence, the Traveler must compensate for the damage..
2. In concluding an Arranged Tour Contract, the Traveler should endeavor to understandhis/her rights and obligations and other contents of such contract, making good use ofthe information provided by the Company..
3. In order to smoothly receive the Travel Services mentioned in the Contract Documentafter the commencement of the travel, should a Traveler have realized that TravelServices different from those mentioned in the Contract Document have been provided,he/she must promptly notify the Company, the Arrangements Agent of the Company, orthe provider of the Travel Services concerned to that effect at the place of travel..
Chapter VII Business Guarantee Bonds (For the Company not being aSecurity Member of an Association of Travel Agents)
(Business Guarantee Bonds)
Article 25
The Traveler or the Member who has concluded an Arranged Tour Contract with theCompany is entitled to receive compensation from the Business Guarantee Bonds whichthe Company has deposited in accordance with the provisions of Paragraph 1, Article 7of the Travel Agency Law in respect of any claim arising from transactions inconnection with such contract..
2. The name and the location of the Deposit Office with which the Company hasdeposited the Business Guarantee Bonds are as follows:.
(1) Name:.
(2) Location:.
Chapter VII Compensation Security Bonds (For the Company being aSecurity Member of an Association of Travel Agents)
(Compensation Security Bonds)
Article 25
The Company is a Security Member of All Nippon Travel Agents Association, (a corporate juridical person) (Tanakayama BLD 5F, Toranomon4-1-20, Minatoku, Tokyo)..
2. The Traveler or the Member who has concluded an Arranged Tour Contract with theCompany is entitled to receive compensation from the Compensation Security Bondswhich All Nippon Travel Agents Association (a corporate juridical person)referred to in the preceding Paragraph has deposited, in respect of any claim arisingfrom transactions in connection with such contract up to 3 million yen..
3. Since the Company has paid a Due Portion of the Compensation Security Bonds toAll Nippon Travel Agents Association (a corporate juridical person) inaccordance with the provisions of Paragraph 1, Article 22-10 of the Travel Agency Law,it has not deposited any Business Guarantee Bonds referred to in Paragraph 1, Article 7of the same law..
