Arranged Tour Contract Section
Chapter 1 General Provisions
(Scope of Application)
Article 1
The Arranged Tour Contract 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 laws and regulations or by generally established customs.
2. Notwithstanding the provisions of the preceding paragraph, if the Company concludes a Special Agreement in writing, provided it does not violate laws and regulations and is not disadvantageous to the Traveler, such Special Agreement shall prevail.
(Definitions of Terms)
Article 2
In these Terms and Conditions, “Arranged Tour Contract” refers to a contract under which the Company, upon the commission of the Traveler, undertakes to make arrangements so that the Traveler may receive transportation, accommodation, and other travel-related services (hereinafter referred to as “Travel Services”) provided by transportation/accommodation agencies, through acting as an agent, intermediary, or broker on behalf of the Traveler.
2. In these Terms and Conditions, “Domestic Travel” refers to travel conducted solely within Japan, and “Overseas Travel” refers to travel other than Domestic Travel.
3. In these Terms and Conditions, “Travel Price” refers to the fares, accommodation charges, and other expenses paid to transportation/accommodation agencies for arranging Travel Services, as well as the Company’s prescribed service handling charges (excluding change-handling charges and cancellation-handling charges).
4. In this Section, “Communication Contract” refers to an Arranged Tour Contract concluded by means of telephone, postal mail, facsimile, Internet, or other communication method with a credit cardholder of a credit card company partnered with the Company (hereinafter “Partner Company”), under which the Traveler, in advance, agrees that the claims and obligations related to the Travel Price under the Arranged Tour Contract shall be settled in accordance with the credit card membership rules prescribed separately by the Partner Company on or after the date such claim or obligation should be fulfilled, and agrees to pay the Travel Price by the method provided in Article 16, Paragraph 2 or 5.
5. In these Terms and Conditions, “Card Use Date” refers to the date on which the Traveler or the Company must fulfill the obligation to pay or refund the Travel Price under the Arranged Tour Contract.
(Completion of the Company’s Arrangement Obligations)
Article 3
When the Company has made arrangements for Travel Services with the care of a prudent manager, 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/accommodation agencies for the provision of Travel Services due to reasons such as full occupancy, closure, or unsuitable conditions, the Traveler shall still be obligated to pay the Company’s prescribed service handling charges (hereinafter “Handling Charges”).
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/accommodation agency for the provision of Travel Services.
(Arrangement Agents)
Article 4
The Company may, in performing the Arranged Tour Contract, have all or part of the arrangements conducted by another travel agency or other arrangement service provider inside or outside Japan, or by any other auxiliary party.
Chapter 2 Formation of the Contract
(Application for the Contract)
Article 5
A Traveler wishing to conclude an Arranged Tour Contract with the Company must complete the prescribed application form and submit it to the Company together with the application fee in the amount separately designated by the Company.
2. Notwithstanding the preceding paragraph, a Traveler wishing to conclude a Communication Contract must notify the Company of their membership number and the content of the Travel Services they wish to request.
3. The application fee referred to in Paragraph 1 shall be treated as part of the Travel Price, cancellation fees, or any other monetary amount the Traveler must pay to the Company.
(Refusal to Conclude the Contract)
Article 6
The Company may refuse to conclude an Arranged Tour Contract in the following cases:
- In the case of a Communication Contract, when the credit card held by the Traveler is invalid, or when the Traveler is otherwise unable to settle all or part of the obligations related to the Travel Price in accordance with the Partner Company’s credit card membership rules.
- When the Traveler is recognized as a member of, an associate member of, an affiliate of, or a party related to an organized crime group, or as an antisocial force such as a corporate racketeer.
- When the Traveler engages in violent demands, unreasonable demands, threatening or violent behavior in relation to transactions, or similar conduct toward the Company.
- When the Traveler spreads rumors, uses deception or force to damage the Company’s credibility or obstruct its business, or engages in similar conduct.
- When, for any other business-related reasons of the Company, it is deemed inappropriate to conclude the contract.
(Time of Contract Formation)
Article 7
The Arranged Tour Contract shall be formed when the Company approves the conclusion of the contract and receives the application fee prescribed in Article 5, Paragraph 1.
2. Notwithstanding the preceding paragraph, a Communication Contract shall be formed at the time the Traveler receives notification from the Company indicating its approval of the application under Article 5, Paragraph 2.
(Special Provisions on Contract Formation)
Article 8
Notwithstanding the provisions of Article 5, Paragraph 1, the Company may, by Special Agreement in writing, form an Arranged Tour Contract solely by approving the conclusion of the contract without receiving the application fee.
2. In the case of the preceding paragraph, the time of contract formation shall be specified in the written Special Agreement.
(Special Provisions for Tickets and Accommodation Vouchers)
Article 9
Notwithstanding the provisions of Article 5, Paragraph 1 and Article 8, Paragraph 1, the Company may accept a verbal application for an Arranged Tour Contract that involves only the arrangement of transportation or accommodation services and for which the Company issues a document representing the Traveler’s right to receive such Travel Services in exchange for the Travel Price.
2. In such cases, the Arranged Tour Contract shall be formed when the Company approves 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”) stating the travel itinerary, contents of the Travel Services, Travel Price, other travel conditions, and matters relating to the Company’s liability.
However, when the Company issues to the Traveler all documents representing the Traveler’s right to receive the Travel Services arranged by the Company, such Contract Document may be omitted.
2. When the Contract Document is delivered pursuant to the preceding paragraph, the scope of Travel Services that the Company is obligated to arrange under the Arranged Tour Contract shall be as stated in the said Contract Document.
(Use of Information and Communication Technology)
Article 11
With the Traveler’s prior consent, when concluding an Arranged Tour Contract, the Company may provide the matters to be stated in the document described in Article 10, Paragraph 1, or in the Contract Document, by means of information and communication technology instead of delivering said document. In this case, the Company shall confirm that the matters (hereinafter “Recorded Matters”) have been recorded in a file stored within the communication device used by the Traveler.
2. If the communication device used by the Traveler does not have a file for recording the Recorded Matters, the Company shall record the Recorded Matters in a file stored within the Company’s communication device (limited exclusively for use by the Traveler), and confirm that the Traveler has viewed the Recorded Matters.
Chapter 3 Modification and Cancellation of the Contract
(Modification of Contract Contents)
Article 12
The Traveler may request the Company to modify the travel itinerary, the contents of the Travel Services, or any other part of the Arranged Tour Contract. In such cases, the Company shall comply with the Traveler’s request to the extent possible.
2. When modifying the contents of the Arranged Tour Contract at the Traveler’s request under the preceding paragraph, the Traveler shall bear the cancellation charges, penalty fees, and other expenses payable to transportation/accommodation agencies due to the cancellation of arrangements already completed, as well as the costs required for such modification. In addition, the Traveler shall pay the Company the prescribed modification-handling charge. Any increase or decrease in the Travel Price resulting from the modification shall be borne by 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 the Arranged Tour Contract is cancelled pursuant to the preceding paragraph, the Traveler shall bear the cost of Travel Services already received, as well as cancellation charges, penalty fees, and any other expenses already paid or to be paid to transportation/accommodation agencies for Travel Services not yet received. The Traveler shall also pay the Company the prescribed cancellation-handling charge and the Handling Charges that 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 Travel Price by the designated 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 related to the Travel Price in accordance with the Partner Company’s credit card membership rules.
- When it is found that the Traveler falls under any of Items 2 through 4 of Article 6 (antisocial forces and related conduct).
- When the Arranged Tour Contract is cancelled pursuant to the preceding paragraph, the Traveler shall bear cancellation charges, penalty fees, and any other expenses already paid or to be paid to transportation/accommodation agencies for Travel Services not yet received, and shall also pay the Company the prescribed cancellation-handling charge and the Handling Charges that 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 the Arranged Tour Contract is cancelled pursuant to the preceding paragraph, the Company shall refund to the Traveler the amount of the Travel Price already received, excluding expenses already paid or to be paid to transportation/accommodation agencies 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
The Traveler shall pay the Travel Price to the Company by the date prescribed by the Company prior to the commencement of the trip.
2. When a Communication Contract is concluded, the Company shall receive payment of the Travel Price from the Traveler by charging the Partner Company’s card without requiring the Traveler’s signature on the designated sales slip. In such cases, the Card Use Date shall be the date on which the Company notifies the Traveler of the finalized contents of the Travel Services.
3. Before the commencement of the trip, the Company may change the Travel Price when fluctuations arise due to revisions in fares and charges of transportation/accommodation agencies, changes in exchange rates, or other reasons.
4. In the case of the preceding paragraph, any increase or decrease in the Travel Price shall be borne by the Traveler.
5. When a Communication Contract is concluded and expenses to be borne by the Traveler arise pursuant to the provisions of Chapter 3 or Chapter 4, the Company shall receive payment of such expenses by charging the Partner Company’s card without requiring the Traveler’s signature. In such cases, the Card Use Date shall be the date on which the Company notifies the Traveler of the amount payable by the Traveler or refundable by the Company.
However, when the Company cancels the Arranged Tour Contract pursuant to Article 14, Paragraph 1, Item 2, the Traveler must pay the expenses payable to the Company by the date and method prescribed by the Company.
(Adjustment of the Travel Price)
Article 17
When the amount paid by the Company to transportation/accommodation agencies for arrangements (for which the Traveler bears responsibility) and the Handling Charges (hereinafter “Adjusted Travel Price”) does not match the amount already received as the Travel Price, the Company shall promptly settle the Travel Price after the conclusion of the trip in accordance with the provisions of the following two paragraphs.
2. When the Adjusted Travel Price exceeds the amount already received, the Traveler shall pay the difference to the Company.
3. When the Adjusted Travel Price is less than the amount already received, the Company shall refund the difference to the Traveler.
Chapter 5 Arrangements for Groups
(Group Arrangements)
Article 18
For an Arranged Tour Contract applied for by multiple Travelers traveling on the same itinerary at the same time, with a designated representative (hereinafter “Contract Representative”), the provisions of this Chapter shall apply.
(Contract Representative)
Article 19
Except where a Special Agreement is concluded, the Company shall consider the Contract Representative to possess full authority to act as an agent on behalf of all members of the group (hereinafter “Members”) with respect to matters relating to the conclusion of the Arranged Tour Contract, and all transactions relating to travel operations for the group and the duties under Article 22, Paragraph 1 shall be conducted with the Contract Representative.
2. The Contract Representative shall submit a list of Members or notify the Company of the number of Members by the date prescribed by the Company.
3. The Company shall not bear any responsibility for any obligations or debts that the Contract Representative currently bears or is expected to bear toward the Members.
4. If the Contract Representative does not accompany the group, the Member previously designated by the Contract Representative shall be deemed the Contract Representative after the commencement of the trip.
(Special Provisions for Contract Formation)
Article 20
When concluding an Arranged Tour Contract with a Contract Representative, the Company may, notwithstanding Article 5, Paragraph 1, approve the conclusion of the contract without receiving the application fee.
2. In cases where the Arranged Tour Contract is concluded without receiving the application fee pursuant to the preceding paragraph, the Company shall deliver to the Contract Representative a document stating such fact, and the Arranged Tour Contract shall be deemed formed at the time the Company delivers said document.
(Change of Members)
Article 21
When the Contract Representative requests a change of Members, the Company shall comply to the extent possible.
2. Any increase or decrease in the Travel Price and any expenses arising from such change shall be borne by the Members concerned.
(Escort Services)
Article 22
Upon request from the Contract Representative, the Company may have a tour escort accompany the group and provide escort services.
2. The scope of escort services provided by the escort shall principally consist of the tasks necessary to conduct group activities in accordance with the predetermined travel itinerary.
3. The hours during which escort services are provided shall, in principle, be from 8:00 to 20:00.
4. When the Company provides escort services, the Contract Representative shall pay the prescribed escort service fee to the Company.
Chapter 6 Liability
Article 23 Liability of the Company
- The Company shall be liable for compensating any damage caused to the Traveler through the willful misconduct or negligence of the Company or of a service arranger engaged by the Company pursuant to Article 4 (hereinafter referred to as the “Service Arranger”) in the performance of the Arranged Tour Contract; provided, however, that such liability shall arise only if the Traveler notifies the Company of the damage within two (2) years from the day following the date on which the damage occurred.
- If the Traveler incurs damage due to a natural disaster, war, riot, discontinuation of travel services by transportation or accommodation facilities, orders issued by government authorities, or any other cause beyond the control of the Company or its Service Arranger, the Company shall not be liable for such damage, except in the case set forth in the preceding paragraph.
- Notwithstanding the provisions of Paragraph 1, with respect to damage to baggage, the Company shall compensate the Traveler up to a maximum amount of 150,000 yen per Traveler (except where the Company has engaged in willful misconduct or gross negligence), provided that the Traveler notifies the Company of such damage within 14 days from the day following the date of occurrence in the case of a domestic trip, or within 21 days in the case of an overseas trip.
Article 24 Liability of the Traveler
- If the Company incurs damage due to the willful misconduct or negligence of the Traveler, the Traveler shall be liable for compensating such damage.
- When entering into an Arranged Tour Contract, the Traveler shall make efforts to understand the rights, obligations, and other contents of the contract by making use of the information provided by the Company.
- After the commencement of the tour, if the Traveler recognizes that travel services different from those described in the Contract Document are being provided, the Traveler shall immediately notify the Company, the Company’s Service Arranger, or the relevant travel service provider at the destination in order to ensure smooth receipt of the travel services described in the Contract Document.
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.