Section on Arranged Tour Contracts
Chapter 1 General Provisions
(Scope of Application)
Article 1
Arranged Tour Contracts concluded between the Company and the Traveler shall be governed by the provisions of these Terms and Conditions. Matters not stipulated herein shall be governed by laws and regulations or generally established customs.
2. Notwithstanding the preceding paragraph, if the Company concludes a special agreement in writing that does not violate laws and regulations and is not disadvantageous to the Traveler, such special agreement shall prevail.
(Definitions)
Article 2
In these Terms and Conditions, an “Arranged Tour Contract” refers to a contract under which the Company, upon the Traveler’s commission, undertakes to make arrangements through agency, intermediation, or otherwise, for transportation, accommodation, and other travel-related services (hereinafter referred to as “Travel Services”) provided by transportation or accommodation facilities, so that the Traveler may receive such Travel Services.
2. “Domestic Travel” means travel conducted solely within Japan; “Overseas Travel” means travel other than Domestic Travel.
3. “Tour Price” refers to the expenses payable by the Company to transportation or accommodation facilities for the arrangement of Travel Services—such as fares, accommodation charges, and related costs—together with the Company’s prescribed handling fees for travel operations (excluding fees for change procedures and cancellation procedures).
4. In this Section, a “Communication Contract” refers to an Arranged Tour Contract concluded by means of telephone, mail, facsimile, the Internet, or other communication methods between the Company and a credit card member of a credit card company affiliated with the Company (hereinafter referred to as a “Partner Company”), whereby the Traveler, in advance, agrees that claims or obligations relating to the Tour Price arising under the Arranged Tour Contract shall be settled in accordance with the card member agreement separately stipulated by the Partner Company on or after the due date, and further agrees to pay the Tour Price pursuant to the methods set forth in Article 16, Paragraphs 2 or 5.
5. “Card Use Date” in these Terms and Conditions refers to the date on which the Traveler or the Company must perform the obligation to pay or refund the Tour Price under the Arranged Tour Contract.
(Completion of Arrangement Obligations)
Article 3
When the Company, with the due care of a prudent manager, has completed the arrangements for Travel Services, the Company’s obligations under the Arranged Tour Contract shall be deemed fulfilled. Therefore, even if the Company is unable to conclude a contract with transportation or accommodation facilities for the provision of Travel Services due to reasons such as full capacity, closure, or unsuitable conditions, the Traveler shall nonetheless pay the Company the prescribed handling fees (hereinafter “Handling Fees”).
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 for the provision of Travel Services with transportation or accommodation facilities.
(Agents for Arrangements)
Article 4
The Company may cause another travel agency, a person engaged in arranging services, or other assistants located within or outside Japan to act on its behalf in performing all or part of the arrangements under the Arranged Tour Contract.
Chapter 2 Conclusion of Contract
(Application for Contract)
Article 5
A Traveler wishing to conclude an Arranged Tour Contract with the Company must submit to the Company an application form prescribed by the Company, duly completed with the required information, together with the application fee prescribed separately by the Company.
2. Notwithstanding the preceding paragraph, a Traveler wishing to conclude a Communication Contract must notify the Company of his/her membership number and the details of the Travel Services requested.
3. The application fee in Paragraph 1 shall be treated as part of the Tour Price, cancellation charges, or other monetary obligations payable by the Traveler to the Company.
(Refusal of Conclusion of Contract)
Article 6
The Company may refuse to conclude an Arranged Tour Contract in the following cases:
- In the case of a Communication Contract, where the Traveler’s credit card is invalid or where the Traveler is unable to settle all or part of the obligations relating to the Tour Price in accordance with the card member agreement of the Partner Company.
- When the Traveler is deemed to be a member of an organized crime group, a quasi-member, an affiliate, a company related to an organized crime group, or any other anti-social force.
- When the Traveler engages in violent or unreasonable demands; makes threatening statements or uses violence in relation to transactions; or engages in conduct equivalent thereto.
- When the Traveler spreads rumors, uses fraudulent means, or exerts force to damage the Company’s credibility or obstruct its business; or engages in conduct equivalent thereto.
- When there are other operational reasons for the Company.
(Time of Formation of Contract)
Article 7
An Arranged Tour Contract shall be deemed to be formed when the Company accepts the conclusion of the contract and receives the application fee referred to in Article 5, Paragraph 1.
2. Notwithstanding the preceding paragraph, a Communication Contract shall be deemed to be formed when the notice of acceptance by the Company of the application referred to in Article 5, Paragraph 2 reaches the Traveler.
(Special Provisions on Formation of Contract)
Article 8
Notwithstanding Article 5, Paragraph 1, the Company may, by a special agreement in writing, establish an Arranged Tour Contract solely by accepting the conclusion of the contract, without receiving the application fee.
2. In such case, the time of formation of the Arranged Tour Contract shall be as specified in the written special agreement.
(Special Provisions for Tickets and Accommodation Vouchers)
Article 9
Notwithstanding Article 5, Paragraph 1 and Article 8, Paragraph 1, the Company may accept verbal applications for Arranged Tour Contracts that involve arrangements solely for transportation services or accommodation services, whereby the Company delivers documents indicating the Traveler’s right to receive such Travel Services in exchange for the Tour Price.
2. In such cases, the Arranged Tour Contract shall be deemed to be formed when the Company accepts the conclusion of the contract.
(Contract Document)
Article 10
After the formation of the Arranged Tour Contract, the Company shall promptly deliver to the Traveler a document (hereinafter “Contract Document”) describing the travel itinerary, details of Travel Services, the Tour Price, other travel conditions, and matters concerning the Company’s responsibilities.
However, the Company may refrain from delivering the Contract Document if it delivers documents indicating the Traveler’s right to receive all arranged Travel Services, such as tickets or accommodation vouchers.
2. When the Contract Document referred to in the preceding paragraph is delivered, the scope of Travel Services the Company is obliged to arrange under the Arranged Tour Contract shall be as specified therein.
(Use of Information and Communications Technology)
Article 11
With the Traveler’s prior consent, the Company may, in lieu of delivering the document or Contract Document describing the travel itinerary, details of Travel Services, Tour Price, other travel conditions, and matters concerning the Company’s responsibilities, provide such information by means of information and communications technology. In this case, the Company shall confirm that the information has been recorded in a file installed in the communication device used by the Traveler.
2. If the Traveler’s device lacks a file capable of recording such information, the Company shall record the information in a file installed in the Company’s communication device (used solely for the Traveler) and confirm that the Traveler has viewed the information.
Chapter 3 Modification and Cancellation of Contract
(Modification of Contract Details)
Article 12
The Traveler may request the Company to modify the travel itinerary, the details of Travel Services, or any other content of the Arranged Tour Contract. In such cases, the Company shall comply with the Traveler’s request to the extent possible.
2. When the Arranged Tour Contract is modified upon the Traveler’s request, the Traveler shall bear the cancellation charges, penalties, and other expenses payable to transportation or accommodation facilities for canceling arrangements already completed, as well as the Company’s prescribed change procedure fee. Any increase or decrease in the Tour Price resulting from such modification shall belong to the Traveler.
(Voluntary Cancellation by the Traveler)
Article 13
The Traveler may cancel all or part of the Arranged Tour Contract at any time.
2. When an Arranged Tour Contract is canceled pursuant to the preceding paragraph, the Traveler shall bear the cost of Travel Services already received, as well as cancellation charges, penalties, and other expenses already paid or to be paid to transportation or accommodation facilities for Travel Services not yet received. The Traveler shall also pay the Company the prescribed cancellation procedure fee and the Handling Fees the Company would otherwise have earned.
(Cancellation Due to Reasons Attributable to the Traveler)
Article 14
The Company may cancel the Arranged Tour Contract in the following cases:
- When the Traveler fails to pay the Tour Price by the prescribed due date.
- In the case of a Communication Contract, when the Traveler’s credit card becomes invalid or the Traveler becomes unable to settle all or part of the obligations relating to the Tour Price in accordance with the Partner Company’s card member agreement.
- When it becomes evident that the Traveler falls under any of the categories listed in Article 6, Items 2 through 4.
- When the Arranged Tour Contract is canceled based on the preceding paragraph, the Traveler shall bear cancellation charges, penalties, and other expenses already paid or to be paid to transportation or accommodation facilities for Travel Services not yet received, as well as the Company’s prescribed cancellation procedure fee and the Handling Fees the Company would otherwise have earned.
(Cancellation Due to Reasons Attributable to the Company)
Article 15
If the arrangement of Travel Services becomes impossible due to reasons attributable to the Company, the Traveler may cancel the Arranged Tour Contract.
2. When an Arranged Tour Contract is canceled pursuant to the preceding paragraph, the Company shall refund to the Traveler the Tour Price already received, except for amounts already paid or to be paid to transportation or accommodation facilities as compensation for Travel Services already provided.
3. The preceding paragraph does not preclude the Traveler from claiming damages against the Company.
Chapter 4 Travel Price
Article 16 – Travel Price
- The Traveler shall pay the Travel Price to the Company by the deadline specified by the Company prior to commencement of the tour.
- When a Communication Contract is concluded, the Company shall receive payment of the Travel Price by charging the Partner Company’s credit card without the Traveler’s signature on the designated sales slip. In this case, the Card Use Date shall be the date on which the Company notifies the Traveler of the confirmed details of the Travel Services.
- If, prior to the commencement of the tour, changes in fares or charges of transportation or accommodation providers, fluctuations in the exchange rate, or other reasons cause a change in the Travel Price, the Company may revise the Travel Price accordingly.
- In the case of the preceding paragraph, any increase or decrease in the Travel Price shall be borne by the Traveler.
- When a Communication Contract is concluded and costs payable by the Traveler arise under the provisions of Chapter 3 or this Chapter, the Company shall receive payment of such costs by charging the Partner Company’s credit card without the Traveler’s signature on the designated sales slip. In this case, the Card Use Date shall be the date on which the Company notifies the Traveler of the amount payable by the Traveler or the amount refundable by the Company.
However, if the Company cancels the Arrangement Tour Contract pursuant to Article 14, Paragraph 1, Item (ii), the Traveler shall pay the costs payable to the Company by the deadline and in the manner designated by the Company.
Article 17 – Settlement of Travel Price
- When the amount of expenses paid by the Company to transportation or accommodation providers for arranging Travel Services—together with handling fees (hereinafter the “Settlement Travel Price”)—does not match the amount already received as the Travel Price, the Company shall promptly settle the Travel Price after the tour in accordance with the following paragraphs.
- If the Settlement Travel Price exceeds the amount already received as the Travel Price, the Traveler shall pay the difference to the Company.
- If the Settlement 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 Travel Arrangements
Article 18 – Group Arrangements
The provisions of this Chapter shall apply to Arrangement Tour Contracts applied for by multiple Travelers traveling on the same itinerary at the same time, who have designated a representative responsible for the contract (hereinafter the “Representative”).
Article 19 – Representative
- Unless a special agreement is concluded, the Company shall deem that the Representative has full authority to act as the agent for all Travelers comprising the group (hereinafter the “Participants”) with respect to the conclusion of the Arrangement Tour Contract, and all transactions related to the tour operations for the group and the duties set forth in Article 22, Paragraph 1 shall be conducted with the Representative.
- The Representative shall, by the date specified by the Company, submit to the Company a list of Participants or notify the Company of the number of Participants.
- The Company shall bear no responsibility whatsoever for any debts or obligations that the Representative presently owes or is expected to owe in the future to the Participants.
- If the Representative does not accompany the group, the Company shall, after commencement of the tour, deem the Participant previously designated by the Representative as the Representative.
Article 20 – Special Provisions on Contract Formation
- When concluding an Arrangement Tour Contract with the Representative, the Company may, notwithstanding Article 5, Paragraph 1, accept the conclusion of the contract without receiving a deposit.
- In the case of the preceding paragraph, the Company shall deliver to the Representative a document stating such fact, and the contract shall be deemed concluded when the Company delivers said document.
Article 21 – Change of Participants
- When the Representative requests a change of Participants, the Company shall accommodate such request to the extent possible.
- Any increase or decrease in the Travel Price resulting from the change, as well as costs required for such change, shall be borne by the Participants.
Article 22 – Escort Services
- At the request of the Representative, the Company may assign a tour escort to accompany the group and provide escort services.
- The scope of escort services shall, in principle, consist of the duties necessary for conducting group activities according to the predetermined tour itinerary.
- The hours during which the escort provides services shall, in principle, be between 8:00 and 20:00.
- When the Company provides escort services, the Representative shall pay the prescribed escort service fee to the Company.
Chapter 6 Liability
Article 23 – Liability of the Company
- If, in performing the Arrangement Tour Contract, the Company or an arrangement agent delegated under Article 4 (hereinafter the “Arrangement Agent”) causes damage to the Traveler through intent or negligence, the Company shall compensate for such damage, provided that the Traveler notifies the Company within two years from the day following the date on which the damage occurred.
- If the Traveler incurs damage due to natural disaster, war, riot, suspension of Travel Services by transportation or accommodation providers, government orders, or other causes beyond the control of the Company or the Arrangement Agent, the Company shall not be liable for such damage except in the case under the preceding paragraph.
- Notwithstanding Paragraph 1, the Company shall compensate for damage to baggage only when notification is made within 14 days (for domestic travel) or 21 days (for overseas travel) from the day following the date on which the damage occurred, and the amount of compensation shall be limited to 150,000 yen per Traveler per tour (unless the Company acted with intent or gross negligence).
Article 24 – Liability of the Traveler
- If the Company suffers damage due to the intent or negligence of the Traveler, the Traveler shall compensate the Company for such damage.
- When concluding an Arrangement Tour Contract, the Traveler shall endeavor to understand their rights, obligations, and the contents of the contract by utilizing information provided by the Company.
- After the commencement of the tour, if the Traveler becomes aware that the Travel Services provided differ from those stated in the Contract Document, the Traveler must promptly notify the Company, the Arrangement Agent, or the relevant service provider at the destination.
This Travel Terms and Conditions document is prepared based on the Standard General Terms and Conditions of Travel Agency Business authorized by the Ministry of Land, Infrastructure, Transport and Tourism.
The original document is written in Japanese, and the English translation has been prepared by our company.
In the event of any inconsistency between the Japanese version and the English version, the Japanese version shall prevail.