Terms and Conditions for Customized Package Tour Contracts
Chapter 1 General Provisions
(Scope of Application)
Article 1
The Customized Package Tour Contract (hereinafter referred to as the “Contract”) to be concluded between the Company and the Traveler shall be governed by the provisions of these Terms and Conditions. Matters not provided for in these Terms and Conditions shall be governed by applicable laws and regulations or generally established customs.
- Notwithstanding the preceding paragraph, if the Company concludes a special agreement in writing that does not violate laws and regulations and does not disadvantage the Traveler, such special agreement shall prevail.
(Definitions)
Article 2
- In these Terms and Conditions, “Customized Package Tour” means a tour for which the Company prepares a travel plan—based on a request from the Traveler—prescribing the destination and itinerary, the content of transportation or accommodation services to be provided to the Traveler, and the travel fee payable by the Traveler to the Company, and conducts the tour according to the said plan.
- “Domestic Travel” refers to travel conducted solely within Japan, and “Overseas Travel” refers to travel other than Domestic Travel.
- “Communication Contract” as used in this Chapter means a Customized Package Tour Contract concluded between the Company and a credit cardholder of a credit card company affiliated with the Company (hereinafter the “Partner Company”), based on an application made via telephone, mail, facsimile, the Internet, or other communication means, whereby the Traveler, in advance, consents that the claims or obligations pertaining to the travel fee under the Contract shall be settled in accordance with the cardholder agreement of the Partner Company on or after the date on which such claims or obligations are to be performed, and whereby the Traveler pays the travel fee pursuant to Article 12(2), Article 16(1) second sentence, and Article 19(2).
- “Card Use Date” means the date on which the Traveler or the Company must perform the obligation to pay or refund the travel fee and other charges under the Contract.
(Content of the Travel Contract)
Article 3
Under the Contract, the Company undertakes to make arrangements and manage the itinerary to ensure that the Traveler can receive transportation, accommodation, and other travel-related services (“Travel Services”) provided by transportation and accommodation agencies in accordance with the itinerary determined by the Company.
(Arranging Agents)
Article 4
The Company may have all or part of the arrangements required for the performance of the Contract carried out by other travel agents, arranging service providers, or other assistants within or outside Japan.
Chapter 2 Conclusion of the Contract
(Issuance of Planning Document)
Article 5
- Upon receiving a request from a Traveler seeking to apply for a Customized Package Tour Contract, the Company shall, except when operational circumstances prevent it, provide the Traveler with a document (the “Planning Document”) describing the itinerary, content of Travel Services, travel fee, and other travel conditions prepared according to the Traveler’s request.
- The Company may indicate in the Planning Document the amount of the handling fee related to the planning (“Planning Fee”) as a breakdown of the travel fee.
(Application for the Contract)
Article 6
- A Traveler wishing to apply for a Customized Package Tour Contract based on the Planning Document must complete the designated application form (“Application Form”), fill in the required information, and submit it to the Company together with the application deposit (“Application Deposit”) prescribed by the Company.
- A Traveler wishing to apply for a Communication Contract must notify the Company of his/her card number and other required information in lieu of submitting the Application Deposit under the preceding paragraph.
- The Application Deposit shall be applied toward the travel fee (including any Planning Fee expressly stated as part of its breakdown) or toward cancellation charges or penalties.
- Travelers requiring special assistance when participating in the Customized Package Tour must notify the Company at the time of application. The Company will accommodate such requests to the extent possible.
- Expenses incurred by the Company in providing special arrangements pursuant to the preceding paragraph shall be borne by the Traveler.
(Refusal of Contract Application)
Article 7
The Company may decline to conclude the Contract under any of the following circumstances:
- When the Traveler may cause inconvenience to other travelers or may hinder the smooth conduct of the group tour.
- When, in the case of a Communication Contract, the Traveler’s credit card is invalid or the Traveler is otherwise unable to settle all or part of the travel fee under the Partner Company’s cardholder agreement.
- When the Traveler is reasonably deemed to be a member of an organized crime group, an associate member, a related organization, a company related to such groups, a corporate racketeer, or any other antisocial force.
- When the Traveler engages in violent or unjust demands, threatening behavior, physical violence, or similar acts toward the Company.
- When the Traveler spreads rumors, uses fraudulent means or force to damage the Company’s credibility, or obstructs its business operations, or commits similar acts.
- When other business-related reasons of the Company so require.
(Time of Contract Formation)
Article 8
- The Contract shall be deemed concluded when the Company accepts the application and receives the Application Deposit prescribed in Article 6(1).
- Notwithstanding the preceding paragraph, a Communication Contract shall be deemed concluded when the Company’s notice of acceptance of the application reaches the Traveler.
(Issuance of Contract Document)
Article 9
- Upon the conclusion of the Contract, the Company shall promptly deliver to the Traveler a document (“Contract Document”) describing the itinerary, content of Travel Services, travel fee, other travel conditions, and matters related to the Company’s responsibilities.
- When the Planning Fee has been expressly stated in the Planning Document, the Company shall indicate the amount thereof in the Contract Document.
- The scope of Travel Services for which the Company is obligated to make arrangements and manage the itinerary under the Contract shall be as specified in the Contract Document.
(Final Document)
Article 10
- When the Contract Document cannot include the finalized itinerary or names of transportation or accommodation agencies, the Company shall list the accommodations and major transportation agencies expected to be used and shall provide a final document (“Final Document”) describing the confirmed arrangements by the date specified in the Contract Document—no later than the day before the start date of the tour (or the start date itself if the application was made within seven days before the start).
- Upon inquiry by the Traveler before issuance of the Final Document, the Company shall promptly and appropriately respond regarding the status of arrangement.
- When a Final Document is issued, the scope of Travel Services the Company must arrange and manage shall be limited to those specified in the Final Document.
(Use of Information and Communication Technology)
Article 11
- With the prior consent of the Traveler, the Company may, in lieu of issuing the Planning Document, Contract Document, or Final Document in writing, provide electronically the matters required to be stated therein (“Required Information”) and confirm that the Required Information has been recorded in a file stored on the Traveler’s communication device.
- If the Traveler’s device does not have a file capable of storing the Required Information, the Company shall record the Required Information in a file on its own communication device (used exclusively for that Traveler) and confirm that the Traveler has viewed it.
(Travel Fee)
Article 12
- The Traveler must pay the travel fee stated in the Contract Document by the date specified therein, prior to the start of travel.
- When a Communication Contract is concluded, the Company shall receive payment of the travel fee stated in the Contract Document by charging the Traveler’s credit card without requiring a signature on the designated slip. The Card Use Date shall be the contract formation date.
(Amendment of Contract Terms)
Chapter 3 Modification of the Contract
Article 13
- The Traveler may request amendments to the itinerary, content of Travel Services, or other terms of the Contract (“Contract Terms”). The Company shall accommodate such requests to the extent possible.
- When unavoidable circumstances such as natural disasters, war, riots, suspension of Travel Services by transport or accommodation agencies, government orders, or other events beyond the Company’s control occur, the Company may, for the safe and smooth execution of the tour, change the Contract Terms after promptly explaining to the Traveler the reasons and causal relationship for such changes. In emergencies, the explanation may be provided after the change.
(Changes to Travel Fee Amount)
Article 14
- If the fares and charges (“Applicable Fares and Charges”) applied by transportation agencies used during the tour change—due to significant changes in economic conditions—beyond ordinary expectations compared to those publicized at the time the Planning Document was provided, the Company may increase or decrease the travel fee within the amount of such difference.
- If the Company increases the travel fee under the preceding paragraph, it shall notify the Traveler no later than 15 days before the start of the tour.
- If the Applicable Fares and Charges decrease, the Company shall reduce the travel fee by the amount of the reduction.
- When modification of Contract Terms under Article 13 results in an increase or decrease in the cost of performing the tour (including cancellation fees or penalties for unused Travel Services), the Company may adjust the travel fee accordingly, except when costs increase due to shortage of seats, rooms, or facilities despite the Travel Services being available.
- When the travel fee varies depending on the number of persons using transportation or accommodation services, and such number changes after contract formation for reasons not attributable to the Company, the Company may adjust the travel fee according to the Contract Document.
(Substitution of Traveler)
Article 15
- A Traveler who has concluded the Contract may, with the Company’s approval, transfer his/her contractual position to a third party.
- The Traveler must submit the designated form with required details and the prescribed handling fee to obtain such approval.
- The transfer shall take effect when the Company approves it, and the transferee shall assume all rights and obligations under the Contract.
(Termination by the Traveler)
Chapter 4 Termination of the Contract
Article 16
- The Traveler may terminate the Contract at any time by paying the cancellation charges specified in Table 1. When terminating a Communication Contract, the Company shall collect the cancellation charges by charging the Traveler’s credit card without requiring a signature.
- Notwithstanding the preceding paragraph, the Traveler may terminate the Contract without paying cancellation charges before the start of the tour under any of the following circumstances:
(1) When the Contract Terms are modified by the Company and such modification is material, including those listed in the upper column of Table 2.
(2) When the travel fee is increased under Article 14(1).
(3) When natural disasters, war, riots, suspension of Travel Services, government orders, or other circumstances occur, making safe and smooth execution of the tour impossible or extremely unlikely.
(4) When the Company fails to issue the Final Document by the date specified in Article 10(1).
(5) When the Company becomes unable to conduct the tour according to the itinerary specified in the Contract Document for reasons attributable to the Company. - After the tour begins, if the Traveler becomes unable to receive some of the Travel Services stated in the Contract Document due to reasons not attributable to the Traveler, or if the Company so informs the Traveler, the Traveler may terminate the relevant portion of the Contract without paying cancellation charges.
- In such cases, the Company shall refund the portion of the travel fee corresponding to the Travel Services not received. However, if the inability to receive Travel Services is not attributable to the Company, the Company may deduct cancellation fees, penalties, or other expenses already paid or payable.
(Termination by the Company — Before Start of Travel)
Article 17
- The Company may terminate the Contract before the start of the tour after explaining the reasons to the Traveler under any of the following circumstances:
(1) When the Traveler is deemed unable to endure the tour due to illness, absence of necessary caregivers, or other reasons.
(2) When the Traveler may cause inconvenience to other travelers or hinder smooth group travel.
(3) When the Traveler demands a burden exceeding reasonable limits regarding Contract Terms.
(4) When essential travel conditions such as snowfall for ski tours—disclosed at the time of contract—are highly unlikely to be fulfilled.
(5) When natural disasters, war, riots, suspension of Travel Services, government orders, or other circumstances beyond the Company’s control occur, making execution of the tour according to the itinerary impossible or extremely unlikely.
(6) When the Traveler’s credit card becomes invalid or the Traveler otherwise becomes unable to settle the travel fee under a Communication Contract.
(7) When the Traveler is found to fall under Article 7(3)–(5) (antisocial forces, violent demands, business obstruction, etc.). - If the Traveler fails to pay the travel fee by the date specified in the Contract Document under Article 12(1), the Traveler shall be deemed to have terminated the Contract on the following day. In this case, the Traveler must pay a penalty equivalent to the cancellation charges under Article 16(1).
(Termination by the Company — After Start of Travel)
Article 18
- Even after the start of the tour, the Company may terminate part of the Contract after explaining the reasons to the Traveler under any of the following circumstances:
(1) When the Traveler becomes unable to continue the tour due to illness, absence of necessary caregivers, or other reasons.
(2) When the Traveler disrupts group discipline through disobedience to instructions of tour escorts or other staff, or through violence or threats toward them or other travelers, thereby hindering safe and smooth tour conduct.
(3) When the Traveler is found to fall under Article 7(3)–(5).
(4) When natural disasters, war, riots, suspension of Travel Services, government orders, or other circumstances beyond the Company’s control occur, making continuation of the tour impossible. - When the Company terminates the Contract under the preceding paragraph, the contractual relationship between the Company and the Traveler shall be extinguished only for the future, and Travel Services already provided shall be deemed to have been validly rendered.
- In such cases, the Company shall refund the portion of the travel fee corresponding to Travel Services not yet received, deducting cancellation fees, penalties, or other expenses already paid or payable.
(Refund of Travel Fee)
Article 19
- When a reduction in the travel fee arises under Article 14(3)–(5), or when the Contract is terminated under the preceding three Articles, the Company shall refund the amount due within seven days from the day following termination (for termination before travel), or within thirty days from the day following the scheduled end date of the tour (for reductions or termination after travel begins).
- If the Contract was concluded as a Communication Contract, refunds shall be processed under the Partner Company’s cardholder agreement. In this case, the Company shall notify the Traveler of the refundable amount within the same timeframes as in the preceding paragraph, and the notification date shall constitute the Card Use Date.
- Paragraphs 1 and 2 do not preclude either party from exercising claims for damages under Article 28 or Article 31(1).
(Arrangements for Return Travel After Termination)
Article 20
- When the Company terminates the Contract after the start of travel under Article 18(1)(1) or (4), the Company shall, upon the Traveler’s request, arrange necessary Travel Services for the Traveler to return to the place of departure.
- All expenses required for the return shall be borne by the Traveler.
Chapter 5 Group Travel Contracts
(Group Travel Contracts)
Article 21
For Customized Package Tour Contracts applied by multiple travelers traveling on the same itinerary at the same time through a representative (the “Responsible Representative”), the provisions of this Chapter shall apply.
(Responsible Representative)
Article 22
- Unless otherwise agreed, the Company shall regard the Responsible Representative as having full agency authority with respect to the conclusion of the Contract on behalf of all members of the group (the “Members”), and all transactions relating to the group’s travel arrangements and duties under Article 26(1) shall be conducted with the Responsible Representative.
- The Responsible Representative must submit to the Company, by the date designated by the Company, a list of the Members.
- . The Company shall bear no responsibility whatsoever for any debts or obligations that the Representative, at present or in the future, owes or is expected to owe to the Participants.
- . In the event that the Representative does not accompany the group, the Company shall deem the Participant previously designated by the Representative as the Representative after the commencement of the tour.
Article 23 – Special Provisions on Contract Formation
- Notwithstanding the provisions of Article 6, Paragraph 1, the Company may, when concluding a Customized Package Tour Contract with the Representative of the Group, accept the conclusion of such contract without receiving a deposit.
- When the Company concludes a Customized Package Tour Contract pursuant to the preceding paragraph without receiving a deposit, the Company shall deliver to the Representative of the Group a document stating such fact, and the contract shall be deemed concluded at the time when the Company delivers said document.
Chapter 6 Itinerary Management
Article 24 – Itinerary Management
The Company shall make efforts to secure the safe and smooth implementation of the tour and shall provide the Traveler with the following services, unless otherwise agreed by special terms with the Traveler:
- When it is recognized that the Traveler may not be able to receive travel services during the tour, the Company shall take necessary measures to ensure the Traveler can receive the travel services in accordance with the Customized Package Tour Contract.
- If, despite taking the measures of the preceding item, it becomes unavoidable to change the contract contents, the Company shall arrange alternative services. In doing so, the Company shall endeavor to minimize changes to the contract, such as ensuring that (i) any change to the itinerary remains consistent with the purpose of the original itinerary, and (ii) any change to the travel services maintains, as much as possible, the same nature as the originally planned services.
Article 25 – Instructions of the Company
From the commencement of the tour until its completion, Travelers shall follow the instructions of the Company necessary for the safe and smooth operation of the group when acting as part of a group.
Article 26 – Duties of Tour Escorts and Others
- Depending on the content of the tour, the Company may have a tour escort or other personnel accompany the group to perform all or part of the duties listed in Article 24 as well as other duties deemed necessary by the Company in connection with the Customized Package Tour.
- In principle, tour escorts and other personnel shall engage in such duties between 8:00 and 20:00.
Article 27 – Protective Measures
When the Company recognizes that a Traveler requires protection during the tour due to illness, injury, or other reasons, the Company may take necessary measures. In such cases, if the necessity for such measures is not attributable to the Company, the Traveler shall bear the cost of such measures and shall pay the amount by the date and method designated by the Company.
Chapter 7 Liability
Article 28 – Liability of the Company
- If the Company or its arrangement agent (as defined in Article 4) causes damage to a Traveler through intent or negligence in performing the Customized Package Tour Contract, 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.
- The Company shall not be liable for damages suffered by the Traveler due to natural disaster, war, riot, suspension of travel service operations by transportation or accommodation providers, government orders, or other causes beyond the control of the Company or its arrangement agent, except in cases under the preceding paragraph.
- Notwithstanding Paragraph 1, regarding damage to baggage, the Company shall compensate only when the Traveler notifies the Company 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 29 – Special Compensation
- Regardless of whether the Company incurs liability under Article 28, Paragraph 1, the Company shall, in accordance with the Special Compensation Regulations, pay predetermined compensation and consolation money for certain damages to the life, body, or baggage incurred by a Traveler during participation in the Customized Package Tour.
- If the Company is liable for damages under Article 28, Paragraph 1 with respect to the damage described in the preceding paragraph, the compensation paid under Paragraph 1 shall be deemed to constitute compensation for such damages up to the applicable limit.
- In the case of the preceding paragraph, the Company’s liability to pay compensation under Paragraph 1 shall be reduced by an amount equivalent to the damages for which the Company is liable under Article 28, Paragraph 1 (including compensation deemed to be damages under Paragraph 2).
- For a separately operated Organized Package Tour implemented by the Company for Travelers participating in a Customized Package Tour, the terms of the Customized Package Tour Contract shall apply to such Organized Package Tour as part of the contractual contents.
Article 30 – Itinerary Guarantee
- When any significant change to the contract contents listed in the upper column of Schedule II arises (excluding changes caused by reasons listed below, and excluding cases where transportation or accommodation services suffer shortages of seats, rooms, or other facilities despite providing services), the Company shall pay the Traveler a change compensation amount calculated by multiplying the Travel Price by the percentage listed in the lower column of Schedule II, within 30 days from the day following the date of completion of the tour.
However, this shall not apply where it is clear that the Company is liable under Article 28, Paragraph 1.
Significant changes not subject to compensation:
- (i) Natural disaster
- (ii) War
- (iii) Riot
- (iv) Government order
- (v) Suspension of travel services by transportation or accommodation providers
- (vi) Provision of transportation services not based on the initial operating plan
- (vii) Necessary measures to ensure the safety of the life or body of tour participants
- (viii) Changes resulting from modifications to the contract under Article 13(1) or cancellations under Articles 16–18
- The total amount of change compensation payable by the Company shall not exceed an amount equal to 15% of the Travel Price per Traveler per Customized Package Tour. No compensation shall be paid when the amount payable per Traveler is less than 1,000 yen.
- If, after paying change compensation, it becomes clear that the Company is liable for the change under Article 28, Paragraph 1, the Traveler shall return the change compensation to the Company. In such case, the Company shall offset the amount of damages payable against the amount of change compensation to be returned, and pay the balance.
Article 31 – Liability of the Traveler
- If the Company suffers damage due to the intent or negligence of a Traveler, the Traveler shall compensate the Company for such damage.
- When concluding a Customized Package Tour Contract, the Traveler shall make efforts to understand their rights and obligations and the contents of the contract by utilizing the information provided by the Company.
- After the commencement of the tour, if the Traveler recognizes that travel services differ from those stated in the Contract Document, the Traveler must promptly notify the Company, its arrangement agent, or the relevant service provider at the travel destination.
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.