Travel Agent Contract

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Subscription-Type Package Tour Contract Section

Chapter 1 - General Provisions

Article 1. - Scope of Application
01.01. The Contract of International Interface Co., Ltd. (hereinafter to be referred to as “We,” “Us,” or “Our” as the case may be) concerning the Subscription-Type Package Tour (hereinafter referred to as the “Package Tour”) to be concluded with the Traveler shall be based on this Contract under the following terms and conditions. In the case that any matter not stipulated in this Contract arises, ordinance or generally established practice shall be applied.
01.02. In cases where we conclude a Special Contract with the Traveler in writing, neither in violation of the relevant law, nor harming the interests of the Traveler, such a Special Contract shall be given priority, notwithstanding the provision of the preceding Paragraph 01.01.
Article 2. - Definition of Terminology
02.01. The “ Package Tour” shall mean, in this Contract, such Tours as those for which we prepare beforehand travel plans including itineraries, destinations, forms of transport and contents of accommodation service to be offered to Travelers, as well as the amount of the Tour Price payable to us by the Traveler, which shall be implemented as planned.
02.02.  In this Contract, the “Inland Trip” shall refer to trips planned with travel within Japan only, and the “Overseas Trip” shall mean those trips other than inland trips.
02.03. In this Section, the “Communication Contract” shall refer to the Package Tour Contract concluded for our Package Tour with the card member of our Company, or the credit card company (hereinafter referred to as the “Affiliated Company”) affiliated with the company marketing the Package Tour on our behalf, by subscription through telephone, mail, facsimile, or other means of communication. This is subject to receiving prior consent from the Traveler, regarding settlement of the credit obligation or liability held by us, such as the Tour Price, etc., under the Package Tour Contract, on and after the due date of such obligation or liability according to card membership rules as provided separately by the Affiliated Company. This is also subject to payment of the Tour Price, etc., payable under the aforementioned Package Tour Contract, as specified by the method in 12.02., the latter Paragraph of 16.01., and 19.02. hereunder.
02.04. In this Section, the “Electronically Consented Notice” shall refer to the notice issued in acceptance of the subscription for the Contract. The issuance is conducted by means of transmission through methods utilizing information-communication technologies, via telecommunication lines connecting the computer, facsimile, telex or telephone (hereinafter referred to as the “Electronic Computer, etc.”), as used by us, or the company marketing the Package Tour on our behalf with the Electronic Computer, etc., used by the Traveler.
02.05. In this Contract, the “Date Card Used” shall refer to the date when the Traveler or our Company becomes obligated to pay the Tour Price, etc., or when a refundable liability is implemented under the Package Tour Contract.
Article 3. - Contents of Tour Contract
03.01. We undertake the organization of arrangements and administration of itineraries under the Package Tour Contract, such that the Traveler may be provided with transport, transport and accommodation as offered by accommodation facilities, and other services concerning the Tour (hereinafter referred to as the “Tour Service”).
Article 4. – Business Agent
04.01.

We reserve the right to engage other travel agents, professional organizers and arrangers, or other helpers in or outside Japan, in having them make arrangements in whole, or in part on our behalf, for the execution of the Package Tour Contract.

Chapter 2 - Conclusion of Contract

Article 5. - Subscription for the Tour Contract
05.01. A Traveler who wishes to subscribe to our Package Tour Contract shall fill in the necessary information on the Application Form as designated by us (hereinafter referred to as the “Application Form”) and shall submit it to us together with the required Application Fee as specified separately by us.
05.02. Notwithstanding the provision of preceding Paragraph 05.01., the Traveler who wishes to subscribe to our Communication Contract shall notify us of the name of the desired Package Tour, the start date of the Tour, the aforementioned Traveler’s membership number and other information as required (hereinafter in the subsequent Articles referred to as the “Membership Number, etc.”).
05.03. The Application Fee as specified in 05.01. above shall be treated as part of the Tour Price and may be subject to forfeiture in the case of cancellation, or may be used as a penalty charge.
05.04. In cases where the Traveler participating in the Package Tour requires special attention, the aforementioned Traveler shall mention such a request to us at the time of application for the Contract. We shall attempt to accommodate such requests as far as possible.
05.05.  Expenses incurred as a result of special arrangements made at the request of the Traveler, under preceding Paragraph 05.04., shall be borne by the Traveler themselves.
Article 6. - Subscription by Telephone, etc.
06.01. Subscriptions for the Package Tour Contract are accepted by means of telephone, mail, facsimile and other means of communications. In such cases, the Contract is not concluded at the time of subscription and the Traveler for the aforementioned Tour shall submit an Application Form and Application Fee, or notify us of his or her Membership Number, etc., within the period as designated by us, in accordance with the provision of the preceding Article 05.01. or Article 05.02., after we have notified the said Traveler of our acceptance of his or her subscription,
06.02. Upon the submission of the Application Form and Application Fee as specified in preceding Paragraph 06.01., or when we have been notified of the Traveler’s Membership Number, etc., the order in which we conclude the Package Tour Contract with the aforementioned Traveler shall be in the same order that we received the said subscription, with regard to other similar subscriptions.
06.03. In cases where the Traveler fails to submit the Application Fee or to notify us of his or her Membership Number, etc., within the period specified in 06.01. above, we shall consider such a subscription as not having been received and treat it accordingly.
Article 7. - Rejection of Contract Conclusion
07.01. The following are cases upon which we reserve the right to decline the conclusion of the Package Tour Contract.
 
(1) In cases where the age, sex, qualifications, skills and/or other conditions of the Traveler in question do not meet such conditions as specified by us in advance as required of Travelers participating in the Tour.
(2) In cases where the number of Travelers subscribing for the Tour has already reached the maximum number of participants as scheduled for the Tour.
(3) In cases where the Traveler is likely to be a hindrance to other Travelers or obstruct the smooth implementation of the Tour as a group.
(4) In cases where the Communication Contract is about to be concluded and the Traveler is unable to settle in whole or in part, the liability related to his or her Tour Price, etc., as stipulated in the card membership rules of the Affiliated Company. Such reasons may be due to, but not limited to, the credit card as held by the Traveler in question, being found to be invalid.
(5) In cases where the Traveler is considered to be an anti-social force including being a member or associated member thereof, person or corporation affiliated thereto, corporate extortionist (Sokaiya) and others.
(6) In cases where the Traveler has committed an act of making violent or unreasonable demands against us, an act of using intimidation or violence in relation to transactions, or any other act of a similar nature.
(7) In cases where the Traveler has committed an act of impairing the credibility of our Company or interfering with our business by disseminating rumors, using fraudulent means or force, or any other act of a similar nature.
(8) In any other cases where there is any inconvenience experienced on our side related to our business.
Article 8. - Time that the Tour Contract Is Deemed Concluded
08.01. The Package Tour Contract shall be deemed to be concluded when we have accepted the conclusion of the Contract and have received the Application Fee as specified in 05.01.
08.02. Notwithstanding the provision of preceding Paragraph 08.01., the Communication Contract shall be considered concluded when we send a notice to the effect of communicating our acceptance of the conclusion of the Contract. An electronic notice of acceptance as sent by us is exception to this, in which case the aforementioned Contract shall be deemed to be concluded when the said electronic notice reaches the Traveler.
Article 9. - Delivery of Contract Document
09.01. We shall promptly deliver to the Traveler a document (hereinafter referred to as the “Contract Document”) detailing the itinerary, contents of Tour Service, Tour Prices, and other conditions of the Tour, as well as matters concerning our responsibility with regard to the Tour after the Tour Contract has been concluded as defined in preceding Article 8.
09.02. The scope of the Tour Service involving our responsibility in making arrangements and administering itineraries under the Package Tour Contract shall be based on details stated in the Contract Document as specified in preceding Paragraph 09.01.
Article 10. - The Determinate Document
10.01. In cases where it is not possible to state the determinate itinerary, the names of transport and/or accommodation facilities in the Contract Document as specified in preceding Article 09.01., we shall list, on a limited basis, the names of facilities scheduled for accommodation and the name of intended transport facilities on the Contract Document. Subsequent to delivering such Contract Document, we shall also deliver a document with descriptions of determinate conditions (hereinafter referred to as the “Determinate Document”) on or before the date as specified in the said Contract Document, but no later than the day immediately preceding the starting date of the Tour (or the starting date of the Tour, in cases where subscriptions for the Package Tour Contract are made during the seven-day period leading up to the start date of the tour).
10.02. With respect to preceding Paragraph 10.01., in cases where an enquiry is received from a Traveler who wishes to confirm the condition of arrangements, we shall respond promptly and properly to such an enquiry, even prior to the delivery of the Determinate Document to the said Traveler.
10.03. In cases where the Determinate Document has been delivered as specified in 10.01., the scope of the Tour Service involving our responsibility to arrange and administer the itinerary as specified in preceding Article 09.02. shall be limited to the scope as described in the said Determinate Document.
Article 11. - Method of Utilizing Telecommunication Technology
11.01. Assuming the prior consent of the Traveler has been obtained; when the said Traveler has been provided with details such as the itinerary, contents of the Tour Service, the Tour Price, other conditions of the Tour, and our responsibility (hereinafter referred to in this Article as the “Described Details”) to be stated in the document, the Contract Document, or the Determinate Document, at such time when he or she is about to conclude the Package Tour Contract, and the said provision is by means of utilizing telecommunications technology, instead of physically delivering the aforementioned document(s) to the said Traveler, we shall confirm that the Described Details have been recorded on a file as equipped in and as capable of communications equipment and as used by the Traveler (confined to the use of the said Traveler) and have been viewed by said Traveler.
11.02. With respect to preceding Paragraph 11.01., when the communications equipment used by the aforementioned Traveler isnot equipped with and/or not capable of the function of recording the Described Details, we shall record the Described Details on a file (for exclusive use of the said Traveler) as equipped in and as capable of communications equipment used by us, and confirm that the said Traveler has viewed the Described Details.
Article 12. - Tour Price
12.01. The Traveler shall pay to us the amount of the Tour Price as specified in the Contract Document on or before the date specified in the Contract Document and prior to the starting date of the Tour.
12.02. Upon conclusion of the Communication Contract, we shall receive payment of the amount of the Tour Price as specified in the Contract Document by the credit card of our Affiliated Company, and without the need to obtain the Traveler’s signature on the designated voucher. In this case, the date of the card used shall be considered as the date that the Tour Contract is concluded.

Chapter 3 - Alteration of the Contract

Article 13. - Alteration of Contract Contents
13.01. In cases where unusual and unforeseen circumstances arise due to reasons beyond our control, including, but not limited to acts of God/providence, acts of war, civil unrest, suspension and/or closure of Tour Services such as transport and accommodation facilities, exercises and/or orders from government and other public agencies, the need to use transport services not based on our original transport plan, and such circumstances affect the safe and smooth implementation of the Tour, we may be required to change the itinerary contents of the Tour Service, and other contents of the Package Tour Contract (hereinafter referred to as the “Contract Contents”) by promptly informing and/or explaining to the Traveler beforehand, reasons for the nature of such circumstances being beyond our control, and the correlation between such circumstances and subsequent changes. This shall be the case except at the time of an emergency, where the Traveler is informed and/or receives an appropriate explanation after such changes have been made.
Article 14. - Alteration of Tour Price
14.01. In cases where the transport fare and charge applicable to the transport facilities being used for the implementation of the Package Tour (hereinafter in this Article referred to as the “Applicable Fare and Charge”) are increased or reduced considerably beyond price levels as normally assumed, due to significant changes to economic and/or other conditions, compared with the Applicable Fare and Charge specified at the time when the Package Tour was originally offered, we shall be permitted to increase or reduce the amount of the Tour Price within the range of the amount so increased or reduced.
14.02. In cases where we increase the Tour Price as provided for in preceding Paragraph 14.01., we shall inform the Traveler to that effect no later than the 15th day prior to the starting date of the Tour.
14.03. In cases where the Applicable Fare and Charge are reduced as provided for in 14.01., we shall lower the Tour Price by the amount so reduced in accordance with the provision of the said Paragraph.
14.04. In cases where changes in the contents of the Tour Contract, according to the provision of preceding Article 13, result in any increase or decrease to accrue in the expenses required for the implementation of the Tour (including cancellation charges for the Tour Service not received due to changes in the contents of the said Contract, penalties and/or other prepaid or payable expenses), we reserve the right to make changes to the amount of the Tour Price, within the range of the amount increased or reduced when such Contract Contents are changed (except when such a change is the result of a lack of vacancies in the transport and accommodation facilities, or rooms and other facilities, despite the relevant Tour Service and seats/places as provided by the transport and accommodation facilities).
14.05. If the number of people participating in the Tour changes, due to reasons not attributed to us after the conclusion of the Package Tour Contract, in cases where we have stated in the Contract Document that the Tour Price varies with the number of people utilizing the transport and accommodation facilities, we reserve the right to change the amount of the Tour Price as described in the Contract Document.
Article 15. - Change of Traveler
15.01. A Traveler who has concluded a Package Tour Contract with us, may assign his/her status under the said Contract to a third party, subject to our consent.
15.02. In cases where the Traveler wishes to obtain our consent as provided for in preceding paragraph 15.01., the said Traveler shall fill in the necessary information on a form as designated by us, and submit it with the handling fee of a designated amount, to us.
15.03. The assignment of the said status under the Contract, as provided for in 15.01., shall take effect when approved by us. After such approval, the third party who has acquired such status under the Tour Contract, shall inherit all rights and obligations concerning the said Package Tour Contract as originally concluded by the Traveler.

Chapter 4 - Cancellation of the Contract

Article 16. - The Traveler’s rights in canceling the Contract
16.01. The Traveler may, at any time, cancel the Package Tour Contract by paying to us the cancellation fee as specified in Schedule I. In cases where the said Traveler wishes to cancel the Communication Contract, we shall accept and process payment of the cancellation fee by using the card of our Affiliated Company without obtaining the said Traveler’s signature on the designated voucher.
16.02. The Traveler may cancel the Package Tour, in the following instances without having to pay the cancellation fee before the start of the Tour, notwithstanding the provision of preceding Paragraph 16.01.
 
(1) In cases where the Contract Contents are changed by us. This is, however, limited only to those cases resulting from such changes as those listed in the left column of Schedule II and other important changes.
(2) In cases where the Tour Price is increased under the provision of 14.01.
(3) In cases where unusual and unforeseen circumstances arise due to reasons beyond our control, including, but not limited to acts of God/providence, acts of war, civil unrest, suspension and/or closure of Tour Services such as transport and accommodation facilities, exercises and/or orders from government and other public agencies, and other such circumstances that affect the safe and smooth implementation of the Tour, or that have increased the potential of disabling the tour to an extreme extent.
(4) In cases where we fail to deliver the Determinate Document to the Traveler on or prior to the date specified in 10.01.
(5) In cases where the implementation of the Tour is prevented/precluded as scheduled according to the itinerary described in the Contract Document as a result of causes attributed to us.
16.03. When the Traveler is unable to receive the Tour Service as described in the Contract Document after the start of the Tour, due to causes not attributed to him/her, or when we inform him/her to this effect, the said Traveler may cancel the Contract for that portion of the Tour Service that he/she is unable to receive, without paying the cancellation fee, notwithstanding the provision of 16.01.
16.04. In the case of preceding Paragraph 16.03, we shall refund to the Traveler the portion of the Tour Price as represented by the portion of the Tour Service that has become unavailable. However, when the aforementioned case is not due to causes attributed to us, we shall refund to the said Traveler the aforementioned amount after deduction of the cancellation fee and after the application of any penalties and/or other amounts already paid, or related to expenses payable from such a time, for the said Tour Service.
Article 17. - Our Right to Cancel the Contract - Cancellation before the Start of the Tour
17.01. We reserve the right to cancel the Package Tour Contract before the start of the Tour by explaining to the Traveler the reason for the cancellation in the following instances.
 
(1) In cases where it becomes known that the Traveler does not meet the conditions required of Tour participants, such as age, sex, qualifications, skills, etc., as specified by us beforehand.
(2) In cases where the Traveler is considered unable to participate in the said Tour due to illness, the absence of a necessary aide/helper and/or other such causes.
(3) In cases where the Traveler is likely to be a hindrance for other Travelers and/or obstruct the smooth implementation of the Tour as a group.
(4) In cases where the Traveler requests an extra burden in regard to the contents of the Contract beyond a reasonable extent.
(5) In cases where the number of Travelers participating in the Tour does not reach the minimum number of participants for the Tour as specified in the Contract Document.
(6) In cases where it is extremely likely that Tour conditions required for implementation of the Tour as described at the time of the conclusion of the Contract, such as the amount of snowfall necessary for a ski Tour, shall not come into being.
(7) In cases where unusual and unforeseen circumstances arise due to reasons beyond our control, including, but not limited to acts of God/providence, acts of war, civil unrest, suspension and/or closure of Tour Services such as transport and accommodation facilities, exercises and/or orders from government and other public agencies, and other such circumstances that affect the safe and smooth implementation of the Tour as scheduled according to the itinerary described in the Contract Document, or that have increased the potential of disabling the tour to an extreme extent.
(8) In cases where the Communication Contract has been concluded and the Traveler is unable to settle in whole or in part the liability related to his or her Tour Price, etc., as stipulated in the card membership rules of the Affiliated Company. Such reasons may be due to, but not limited to, the credit card as held by the Traveler in question being invalid.
(9) In cases where the Traveler becomes known to be applicable to any of the terms and conditions in 07.05. through 07.07.
17.02. In cases where the Traveler does not pay the Tour Price by the due date, as specified in the Contract Document as provided for in 12.01., the Traveler shall be considered to have cancelled the Package Tour Contract on the day immediately following the said due date. In such case, the said Traveler shall pay a penalty of the amount equal to the cancellation fee as specified in the preceding Article 16.01. to us.
17.03. In cases where we cancel the Package Tour Contract due to reasons as defined in 17.01. (5), we shall inform Travelers participating in the Tour that the said Tour is to be cancelled no later than the 13th day prior to the starting date of the Tour in the case of inland Tours (no later than the 3rd day prior in the case of a day trip) and no later than the 23rd day prior (no later than the 33rd day prior to the starting date of the Tour, should such date fall within the *Peak Season as defined in Schedule I) to the starting date of the Tour otherwise.
Article 18. - Our Right to Cancel the Contract - Cancellation after the Beginning of the Tour
18.01. We reserve the right to cancel part of the Package Tour Contract in the following instances, even after the start of the Tour, by explaining to the Traveler the reason for the cancellation.
 
(1) In cases where the Traveler is considered unable to continue the said Tour due to the absence of a necessary aide/helper and/or other such causes.
(2) In cases where the Traveler infringes on the safe and smooth implementation of the said Tour by not following instructions as given by our Tour Escort and/or other staff for the safe and/or smooth implementation of the Tour, or by disrupting the disciplinary order of group activities by physically assaulting and/or threatening the said staff or other Travelers.
(3) In cases where the Traveler becomes clear to be applicable to any of the terms and conditions in 07.05. through 07.07.
(4) In cases where unusual and unforeseen circumstances arise due to reasons beyondour control, including, but not limited to acts of God/providence, acts of war, civil unrest, suspension and/or closure of Tour Services such as transport and accommodation facilities, exercises and/or orders from government and other public agencies, and other such circumstances that affect the safe and smooth implementation of the Tour.
18.02. In cases where we cancel the Package Tour Contract under the provision of preceding Paragraph 18.01., the contractual relationship between our Company and the Traveler shall cease to exist from this point forth. In such case, it shall be deemed that our liability related to the Tour Service already provided to the Traveler has effectively been redeemed.
18.03. In the case of preceding Paragraph 18.02., we shall refund to the said Traveler: the aforementioned amount after deduction of the cancellation fee and after the application of any penalties and/or other amounts already paid, or related to expenses still payable from such time, for the said Tour Service from the remaining amount for the portion of the said Tour service that has yet to be offered to the Traveler.
Article 19. - Refund of Tour Price
19.01.

In cases where a refund becomes due to the Traveler as a result of the Tour Price being reduced under provisions set forth from 14.03. through 14.05., or due to the cancellation of the Package Tour Contract under provision of preceding Articles 16 through 18, we shall refund to the Traveler the amount by which the Tour Price is reduced. Such refunds shall be made within seven days reckoned from the day immediately following the date of cancellation in cases where the refund is due to cancellation prior to the start of the Tour. Otherwise, refunds shall be made within 30 days reckoned from the day immediately following the last day of the Tour as stated in the Contract Document in cases where the said refund is due to a reduction of the Tour Price, or if cancellation takes place after the start of the Tour.

19.02.

In cases where the Communication Contract has been concluded with the Traveler, we shall pay a refund to the Traveler according to the card membership rules of the Affiliated Company if a refund becomes due to him/her as a result of a reduction of the Tour Price under provisions set forth from 14.03. through 14.05., or due to the cancellation of the Communication Contract under the provisions of preceding Articles16 through 18. Such refunds shall be made within 7 days reckoned from the day immediately following the date of cancellation in cases where the refund is due to cancellation prior to the start of the Tour. Otherwise, refunds shall be made within 30 days reckoned from the day immediately following the last day of the Tour as stated in the Contract Document in cases where the said refund is due to a reduction of the Tour Price, or if cancellation takes place after the start of the Tour. The day upon which we notify the Traveler shall be considered as the date of using the card.

19.03. Provisions of preceding Paragraphs 19.01. and 19.02. shall not prevent the Traveler or our Company from exercising the right to claim compensation for damages suffered under provisions of Articles 27 or 30.01. hereto.
Article 20. - Arrangement for Return Trips after Cancellation of the Contract
20.01.

In cases where we cancel the Package Tour Contract after the start of the Tour, under provisions of Articles 18.01. (1) or 18.01. (4), we shall undertake to make arrangements for Tour Services as needed for the Traveler to return to the place of departure of the said Tour at the request of the Traveler.

20.02.

With reference to preceding Paragraph 20.01., all expenses required for such return trips to the place of departure shall be borne by the Traveler.

Chapter 5 - Contracts with Organizations and Groups

Article 21. - Contracts with Organizations and Groups
21.01.

The provisions of this Chapter shall be applied to the conclusion of Package Tour Contracts relevant to cases where subscriptions are received from two or more Travelers due to travel the same route at the same time, provided that each Traveler appoints a responsible representative (hereinafter referred to as the “Contract Representative”).

Article 22. - Contract Representative
22.01.

Unless a special contract is concluded, the Contract Representative shall be deemed the person holding all power of representation concerning the conclusion of the Package Tour Contract for Travelers who compose his/her organization or group (hereinafter referred to as the “Constituent Member”). All transactions concerning Tour business related to the said organization or group shall be handled with the said Contract Representative.

22.02.

The Contract Representative is required to submit a list of the Constituent Members on or before the date as specified by us.

22.03. We shall not be held accountable for liabilities or obligations that the Contract Representative assumes on behalf of the Constituent Members, or liabilities or obligations that the Contract Representative is expected to assume in the future.
22.04. In cases where the Contract Representative does not accompany his/her organization or group during the Tour, one of the Constituent Members as appointed by the Contract Representative beforehand shall be deemed by us to be the Contract Representative after the commencement of the Tour.

Chapter 6 - Administration of Itinerary

Article 23. - Administration of Itinerary
23.01. We shall make every effort to secure safe and smooth travel for the Traveler and carry out the following services for the said Traveler, except where we have concluded a special contract with the said Traveler, which differs from the following provisions.
 
(1) To take the necessary measures to ensure that the said Traveler will receive such Tour Service as specified in the Package Tour Contract, in cases where it is feared that the said Traveler may not be able to receive the aforementioned Tour Service during the Tour,
(2) To make arrangements for alternative services in cases where the alteration of the Tour Contract contents becomes unavoidable, despite the undertaking of measures as described in the preceding Item. In cases where the Tour itinerary is to be changed, we shall make every effort to arrange for an alternative itinerary after the change measures up to the purport of the original Tour itinerary. In such case, we shall also try to minimize alterations of the Contract Contents by making the Tour Service contents after the change as close to the originally planned contents.
Article 24. - Instructions by Our Company
24.01.

The Traveler shall be required to follow the instructions of our Company while the Tour is conducted as a group during the Tour from start to finish. This is done for the safe and smooth implementation of the Tour.

Article 25. - Services of Tour Escort, Etc.
25.01.

We reserve the right to ask Tour Escorts or others to accompany the Tour, depending on the contents of the said Tour, for the handling of services as described in respective Items from Article 23, in whole or in part, which we consider necessary in connection with the said Package Tour.

25.02.

The service hours for the said Tour Escorts or others to engage in the services as described in the preceding Paragraph 25.01. shall, in principle, range from 8:00 to 20:00 hours.

Article 26. - Protective Measures
26.01.

We reserve the right to take measures as necessary in cases where we consider the Traveler to be in a Condition requiring attention and/or protection due to sickness and/or injury. In such case, unless the cause of such a condition is not attributed to us, the expenditure required for the said measures shall be borne by the said Traveler and shall be payable by the Traveler on or before the date as specified by us, by a method as designated by us. This shall apply unless the cause of the said condition is attributed to our actions.

Chapter 7 - Responsibility

Article 27. - Responsibility of Our Company
27.01.

We shall be accountable for the compensation of damages suffered by the Traveler intentionally or negligently by us, or by our agent who has been engaged by us to make arrangements on our behalf, under the provision of Article 4 (herein after referred to as the “Business Agent”). Such compensation shall be limited to cases where notice has been given to us within two years from the day immediately following the day when such damages have been suffered.

27.02.

In cases where the Traveler suffers damage due to unusual and unforeseen circumstances arising due to reasons beyond our control, including, but not limited to acts of God/providence, acts of war, civil unrest, suspension and/or closure of Tour Services such as transport and accommodation facilities, exercises and/or orders from government and other public agencies, and other such circumstances, we shall not be held liable for compensation, except in the case of preceding Paragraph 27.01.

27.03.

With regard to damage caused to baggage as described in 27.01., notwithstanding the provision of the said Paragraph, we shall compensate the Traveler to a maximum limit of ¥150,000 per Traveler (except in cases where the damage was caused by us intentionally, or was a direct result of our negligence/fault). Such compensation shall only apply provided we are notified of the damage no later than 14 days after the day when such damage was suffered in the case of inland trips, and no later than 21 days after the day when such damage was suffered in the case of overseas trips.

Article 28. - Special Compensation
28.01.

We shall pay compensation money and solatium of the amount as set beforehand respectively for certain damage caused to the life, body or baggage of a participating Traveler during the Package Tour, in accordance with the provision of the separate Rules of Special Compensation, regardless whether or not we are accountable for causing the said damage under the provision of preceding Article 27.01.

28.02.

In cases where we are accountable under the provision of preceding Article 27.01. for damage caused as described in preceding Paragraph 28.01., the compensation payable by us, within the limits of compensation payable based on the said accountability, according to preceding Paragraph 28.01., shall be considered fair compensation for the said damage.

28.03.

In such cases as provided for in preceding Paragraph 28.02., our responsibility to pay the indemnity based on the provision of 28.01. shall be reduced by an amount equal to the compensation money payable by us, under the provision of preceding Article 27.01 (including the indemnity considered as compensation money according to the provision of preceding Paragraph 28.02.).

28.04.

Package Tours implemented by our collection of a separate Tour Price from a participating Traveler on our Package Tour shall be handled as part of the contents of the principal Package Tour.

Article 29. - Guarantee of Itinerary
29.01.

In cases where a major alteration is made to the Tour Contents described in the left column of Schedule II (excluding alterations caused by the lack of vacancies in the transport and accommodation facilities, or rooms and other facilities, despite the relevant Tour Service and seats/places as provided by the transport and accommodation facilities and with the exception of alterations as described in the following instances), we shall pay compensation for such alterations in excess of the amount by multiplying the Tour Price by the percentage as specified in the right column of the said Schedule. This shall be done no later than 30 days after the last day of the Tour, except in cases where it is clear that our accountability arises under provision of Article 27.01. regarding the said alterations.

(1) Alterations due to the following causes: 

(a) Acts of God/providence

(b) Acts/Maelstroms of war

(c) Civil unrest

(d) Exercises/Orders from government and other public agencies

(e) Suspension and/or closure of Tour Services such as transport and accommodation facilities

(f) The offer of transport services not originally included in the travel plan.

(g) Measures undertaken to ensure the safety of Tour Participants

(2) Alterations related to the cancelled portion of the Package Tour Contract based on provisions from Article 16 through Article 18.

29.02.

The maximum amount of compensation payable by us for such alterations shall be the amount as calculated by multiplying the Tour Price per Traveler for one Package Tour by the percentage set by us in excess of 15%. However, in cases where the amount of compensation per Traveler falls below \1,000, we shall not be obliged to pay compensation for the alteration.

29.03.

In cases where it is clear that our accountability will arise concerning the said alteration, based on the provision of Article 27.01., after we have paid compensation for the alteration in accordance with the provision of 29.01., the Traveler will be required to repay such compensation paid for the said alteration. In such case, based on the provision of the aforementioned Paragraph, we shall pay the balance by offsetting the amount of compensation payable by us, by the amount of compensation due to be repaid by the Traveler.

Article 30. - Accountability of the Traveler
30.01.

In cases where we have suffered damage due to the direct intentions and/or fault of a Traveler, the said Traveler shall be required to compensate us for the damage.

30.02.

When the Traveler concludes the Package Tour Contract, the Traveler shall attempt to fully understand the contents of the said Package Tour Contract such as the right and obligations of the Traveler, etc., by utilizing information as provided by us.

30.03.

For the Traveler to receive the Tour Service as planned and described in the Contract Document after the Tour’s start, the Traveler shall promptly inform us, or our business agent or the provider of the said Tour Service at the Touring point, if and when the Traveler realizes that the Tour Service being offered differs from that as stated in the Contract Document.

Chapter 8 - Compensation Business Guarantee Bonds

Article 31. - Compensation Business Guarantee Bonds
31.01.

We hereby verify our status as a Security Member of the All Nippon Travel Agents Association (located at Toranomon 4-1-20, Minato-ku, Tokyo Tokyo).

31.02.

The Traveler or Constituent Member who has concluded the Package Tour Contract with us is entitled to be reimbursed from Compensation Business Guarantee Bonds as deposited by the All Nippon Travel Agents Association as described in preceding Paragraph 31.01, up to the maximum amount.

31.03.

As we have paid our share of the Compensation Business Guarantee Bonds to the All Nippon Travel Agents Association, in accordance with the provision of the first Paragraph of Article 22-10 of the Travel Agency Law, we have not deposited the Business Guarantee Bonds based on the first Paragraph of Article 7 of the Travel Agency Law.

- Order-Taking-Type Customized Tour Contract Section-

Chapter 1 - General Provisions

Article 1. - Scope of Application
01.01.

The Contract of our Company (hereinafter to be referred to as “We,” “Us,” or “Our” as the case may be) concerning the Order-Taking-Type Customized Tour (hereinafter referred to as “Customized Tour”) to be concluded with the Traveler shall be based on this Contract under the following terms and conditions. In case there is any matter not stipulated in this Contract, ordinance or generally established practice shall be applied.

01.02.

In the case that we conclude a Special Contract with the Traveler in writing without violating the relevant law or harming the interest of the Traveler, such Special Contract shall be given priority, notwithstanding the provision of the preceding Paragraph 01.01.

Article 2. - Definition of Terminology
02.01.

In this Contract, “Customized Tour” shall mean such Tours as those for which we prepare at the request of the Traveler travel plans including the destination and itinerary, type of transport and contents of accommodation service to be offered to the Traveler as well as the Tour Price payable to us by the Traveler and which shall be implemented as planned.

02.02.

In this Contract, “Inland Trip” shall mean trips planned for travel within Japan only, and “Overseas Trip” shall mean those trips other than inland trips.

02.03.

In this Section, “Communication Contract” shall mean the Customized Tour Contract, which is concluded with the card member of the credit card company affiliated with us (hereinafter referred to as the “Affiliated Company”) by subscription through telephone, mail, facsimile, or other means of communication, subject to prior consent of the Traveler regarding the settlement of the obligation or liability held by us, such as the Tour Price, etc., under the Customized Tour Contract, on or after the due date of such obligation or liability according to the separately provided card membership rules of the Affiliated Company and also subject to payment of the Tour Price, etc., payable under the said Customized Tour Contract by the methods specified in 12.02., the latter Paragraph of 16.01., and 19.02. hereunder.

02.04. In this Section, “Electronically Consented Notice” shall mean a notice issued in acceptance of the subscription for the Contract, and is conducted by means of transmission, among the methods utilizing information-communication technologies, via telecommunication lines connecting the computer, facsimile, telex or telephone (hereinafter referred to as the “Computer, etc.”) used by us connected to the Computer, etc., used by the Traveler.
02.05. In this Contract, “Date Card Used” shall mean the date when the Traveler or our Company is obligated to pay the Tour Price, etc., or execute refundable liability under the Customized Tour Contract.
Article 3. - Contents of Tour Contract
03.01.

We undertake to make arrangements and administer the itinerary under the Customized Tour Contract so that the Traveler may be provided with transport, transport and accommodation that are offered by accommodation facilities, and other services concerning the Tour (hereinafter referred to as the “Tour Service”), according to the itinerary set by us.

Article 4. - Business Agent
04.01.

There are cases where we may engage other travel agents, professional arrangers or other helpers inside or outside Japan to make arrangements in whole or in part on our behalf for the execution of the Customized Tour Contract.

Chapter 2 - Conclusion of the Tour Contract

Article 5. - Delivery of the Customized Plan Document
05.01.

Upon receipt of a request from the Traveler about to subscribe to us for the Customized Tour Contract, we will deliver to the Traveler, unless prevented due to business-related reasons, the document describing the contents of our Customized Travel Plan prepared at the request of the Traveler, such as the itinerary, contents of tour service, Tour Price, and other conditions concerning the travel to be undertaken.

05.02.

There are cases where we will specify in the Customized Document of the preceding Paragraph the amount of our handling charge for the Customized Travel Plan (hereinafter to be referred to as the “Planning Charge”) as a breakdown of the Tour Price.

Article 6. - Subscription for the Tour Contract
06.01.

The Traveler who wishes to subscribe to our Customized Tour Contract concerning the contents of the Travel Plan described in the Plan Document of the preceding Article 05.01. will be required to fill in the necessary information on the Application Form designated by us (hereinafter referred to as the “Application Form”) and submit it to us together with the Application Fee in the amount separately specified by us.

06.02.

Notwithstanding the provision of the preceding Paragraph 06.01., the Traveler who wishes to subscribe to our Communication Contract concerning the contents of the Travel Plan described in the Plan Document of the preceding Article 05.01. will be required to notify us of his/her membership number and other information.

06.03.

The Application Fee specified in 06.01. above shall be treated as part of the Tour Price (including the Planning Charge specified as a breakdown of the said Tour Price), or the Cancellation Charge or the Penalty.

06.04. In the case that the Traveler participating in the Customized Tour requires special attention, the said Traveler will be asked to mention such request to us at the time of application for the Tour Contract. In this case we shall try to accommodate such a request as far as possible.
06.05. Any expenses incurred as a result of special arrangements made at the request of the Traveler under the preceding Paragraph 06.04. shall be borne by the said Traveler.
Article 7. - Rejection of the Conclusion of the Contract
07.01. The following are cases upon which we reserve the right to decline the conclusion of the Customized Tour Contract:
 
(1) In the case that the Traveler subscribing for the Tour is likely to cause problems to other Travelers or hinder smooth implementation of the Tour for the group.
(2) When the Communication Contract is about to be concluded, if the Traveler is unable to settle in part or in whole the liability related to his/her Tour Price, etc., as stipulated in the card membership rules of the Affiliated Company, due to such causes as the credit card held by the Traveler is found to be invalid.
(3) In cases where the Traveler is considered as an anti-social force including member or associated member thereof, person or corporation affiliated thereto, corporate extortionist (Sokaiya) and others.
(4) In cases where the Traveler has committed an act of making violent or unreasonable demands against us, an act of using intimidation or violence in relation to transactions, or any other act of a similar nature.
(5) In cases where the Traveler has committed an act of impairing the credibility of our Company or interfering with our business by disseminating rumors, using fraudulent means or force, or any other act of a similar nature.
(6) In any other cases where there is any inconvenience experienced on our side related to our business.
Article 8. - Conclusion of the Tour Contract
08.01.

The Customized Tour Contract shall be considered concluded when we have accepted the conclusion of the Contract and have received the Application Fee specified in 06.01.

08.02.

Notwithstanding the provision of the preceding Paragraph 08.01., the Communication Contract shall be considered concluded when we send out a notice to the effect that we accept the conclusion of the Contract, except when an electronic notice of acceptance is sent out for the said Contract, in which case the Contract shall be considered concluded when the said electronic notice has reached the Traveler.

Article 9. - Delivery of Contract Document
09.01.

We will deliver to the Traveler a document (hereinafter referred to as the “Contract Document”) with details regarding the itinerary, contents of the Tour Service, Tour Price, and other conditions of the Tour as well as matters concerning our responsibility for the Tour, promptly after the Tour Contract has been concluded as defined in the preceding Article 8.

09.02.

In cases where we have specified the amount of the Planning Charge in the Plan Document prepared as per 05.01., we shall also specify the said amount in the Contract Document of the preceding Paragraph 09.01.

09.03.

The scope of the Tour Service involving our responsibility to make arrangements and administer the itinerary under the Customized Tour Contract shall be based on the description of the Contract Document of the preceding Paragraph 09.01.

Article 10. - Determinate Document
10.01.

In the case that it is not possible to state the determinate itinerary or the names of transport or accommodation facilities in the Contract Document specified in the preceding Article 09.01., we shall list on a limited basis in the Contract Document the names of facilities scheduled for accommodation and the names of transport facilities important in the Travel Plan, and we shall deliver a document with descriptions of determinate conditions (hereinafter referred to as the “Determinate Document”) after we have delivered the said Contract Document on or before the date specified in the said Contract Document but no later than the day immediately preceding the starting date of the Tour (or the starting date of the Tour in cases where subscription for the Customized Tour Contract is made on and after the 7th day counted backward from the day immediately preceding the starting date).

10.02.

In the case of the preceding Paragraph 10.01., when an inquiry is received from the Traveler who wishes to confirm the condition of arrangements, we shall respond promptly and properly to such an inquiry. even before the delivery of the Determinate Document to the said Traveler.

10.03.

In the case that the Determinate Document has been delivered as specified in 10.01., the scope of the Tour Service involving our responsibility to arrange and administer the itinerary shall be limited to the scope described in the said Determinate Document in accordance with the preceding Article 09.03.

Article 11. - Method of Utilizing Telecommunication Technology
11.01.

When we have provided the Traveler, with his/her prior consent, with details to be stated in the document, the Contract Document, or the Determinate Document, at the time when he/she is about to conclude the Customized Tour Contract, such as the itinerary, contents of the Tour Service, the Tour Price, other conditions of the Tour, and our responsibility (hereinafter in this Article referred to as the “Described Details”), by means of utilizing telecommunication technology instead of delivering the said document to the said Traveler, we shall confirm that the Described Details have been recorded on the file equipped in the communication equipment used by the Traveler.

11.02.

In the case of the preceding Paragraph 11.01., when the communication equipment used by the said Traveler is not equipped with a file for recording the Described Details, we shall record the Described Details on the file (confined for exclusive use of the said Traveler) equipped in the communication equipment being used by us and confirm that the said Traveler has viewed the Described Details.

Chapter 3 - Alteration of the Contract

Article 13. - Alteration of Contract Contents
13.01.

The Traveler may request us to change the contents of the itinerary or tour service or other contents of the Customized Tour Contract (hereinafter to be referred to as the “Tour Contents”), in which case we shall try to accommodate such requests of the Traveler as far as possible.

13.02.

In case there arise such causes beyond our control as act of providence, maelstrom of war, civil unrest, suspension of Tour Services like transport and accommodation facilities, orders from government and other public agencies, transport service not based on our original transport plan, and other causes, and when it is considered unavoidable in order to effect the safe and smooth implementation of the Tour, we may be required to change the itinerary, contents of the Tour Service, and other contents of the Customized Tour Contract (hereinafter referred to as the “Contract Contents”) by explaining promptly to the Traveler beforehand the reasons due to the uncontrollable nature of such causes and the correlation between such causes and subsequent changes, except at the time of emergencies, in which case, when unavoidable, we shall explain to the Traveler after the changes have been made.

Article 14. - Alteration of Tour Price
14.01.

In case the transport fare and charge applicable to the transport facilities being used for the implementation of the Customized Tour (hereinafter in this Article referred to as the “Applicable Fare and Charge”) are increased or reduced considerably beyond the level normally assumed, due to significant changes in economic and other conditions, compared with the Applicable Fare and Charge made public as effective rates at the time when the Plan Document for the Customized Tour was delivered, we shall be allowed to increase or reduce the amount of the Tour Price within the range of the amount thus increased or reduced.

14.02.

In the case that we increase the Tour Price as provided in the preceding Paragraph 14.01., we shall inform the Traveler to that effect on or before the 15th day counted backward from the day immediately preceding the starting date of the Tour.

14.03.

In the case that the Applicable Fare and Charge are reduced as provided in 14.01., we shall decrease the Tour Price by the amount thus reduced in accordance with the provision of the said Paragraph.

14.04.

If any change in the contents of the Tour Contract according to the provisions of the preceding Article 13 causes any decrease or increase to accrue in the expense required for the implementation of the Tour (including the cancellation charge or penalty for the Tour Service unreceived due to the change in the contents of the said Contract, and/or other expenses already paid or payable from now), we may change the Tour Price within the range of the amount reduced or increased when the Contract Contents are changed (except when such changes are caused by a lack of seats in the transport facilities or rooms in the accommodation or other facilities despite the relevant Tour Service provided by the transport and accommodation facilities).

14.05.

When we have stated in the Contract Document that the Tour Price varies with the number of persons utilizing the transport and accommodation facilities, and when the number of persons participating in the Tour has been changed due to the causes not attributable to us after the conclusion of the Customized Tour Contract, there are cases where the amount of the Tour Price will be changed as described in the Contract Document.

Article 15. - Change of Traveler
15.01.

The Traveler who has concluded the Customized Tour Contract may assign his/her status under the said Contract to a third party, subject to our consent.

15.02.

In cases where the Traveler wishes to obtain our consent as provided in the preceding Paragraph 15.01., the said Traveler will be required to fill in the necessary information on the form designated by us and submit it to us together with the handling fee of the designated amount.

15.03.

The assignment of the status under the Contract, as provided in 15.01., shall take effect when approved by us and the third party who has acquired the status under the Tour Contract. The third party shall hereafter inherit all the rights and obligations concerning the said Customized Tour Contract concluded by the Traveler.

Chapter 4 - Cancellation of the Contract

Article 16. - Traveler’s Right to Cancel the Contract
16.01. The Traveler may cancel at any time the Customized Tour Contract by paying to us the cancellation charge specified in Schedule I. In the case that the said Traveler wishes to cancel the Communication Contract, we shall accept payment of the cancellation charge by using the card of the Affiliated Company without obtaining the said Traveler’s signature on the designated voucher.
16.02. The Traveler may cancel, in the following cases, the Customized Tour without paying the cancellation charge before the start of the Tour, notwithstanding the provision of the preceding Paragraph 16.01.:
 
(1) When the Contract Contents have been changed by us, but limited to only such cases as the changes listed in the left column of Schedule II and other important changes.
(2)

When the Tour Price has been increased under the provision of 14.01.

(3) When there arise such causes as act of providence, maelstrom of war, civil unrest, suspension of Tour Services like transport and accommodation facilities, orders from government and public agencies, and other causes, which have disabled the safe and smooth implementation of the Tour or have increased the potential of disabling the Tour to an extreme extent.
(4) When we have failed to deliver the Determinate Document to the Traveler on or before the date specified in 10.01.
(5)

When the implementation of the Tour has been precluded as scheduled according to the itinerary described in the Contract Document due to causes attributable to us.

16.03. When the Traveler has been unable to receive the Tour Service as described in the Contract Document after the start of the Tour due to causes not attributable to him/her or when we have informed him/her to that effect, the said Traveler may cancel the Contract for that portion of the Tour Service that he/she has been unable to receive, without paying the cancellation charge, notwithstanding the provision of 16.01.
16.04. In the case of the preceding Paragraph 16.03., we shall refund to the Traveler the portion of the Tour Price related to the portion of the Tour Service that has become unavailable. However, when the preceding case is not due to a cause attributable to us, we shall pay a refund to the said Traveler after deducting from the said amount the cancellation charge, penalty and other amount already paid or the amount related to the expenses payable from now for the said Tour Service.
Article 17. - Our Right to Cancel the Contract - Cancellation before the Start of the Tour
17.01. There are cases as follows where we will cancel the Customized Tour Contract before the start of the Tour by explaining to the Traveler the reason for the cancellation:
 
(1) In cases where the Traveler is considered unfit to participate in the said Tour due to illness, absence of a necessary helper or other causes.
(2) In cases where the Traveler is likely to cause problems to other Travelers or interfere with the smooth implementation of the Tour as a group.
(3)

In cases where the Traveler has requested an extra burden with regard to the contents of the Contract beyond a reasonable range.

(4) In cases where it is extremely likely that the Tour conditions required for implementation of the Tour as described at the time of the conclusion of the Contract, such as the amount of snowfall necessary for a ski Tour, may disable the tour.
(5) In cases where there arise such causes beyond our control as act of providence, maelstrom of war, civil unrest, suspension of Tour Services like transport and accommodation facilities, orders from government and public agencies, and other causes, which disable the safe and smooth implementation of the Tour as scheduled according to the itinerary described in the Contract Document, or which are extremely likely to disable the Tour.
(6) When the Communication Contract is concluded, in the case that the Traveler becomes unable to settle in part or in whole his/her liability relating to the Tour Price, etc., as provided in the card membership rules of the Affiliated Company due to such causes as the credit card held by the Traveler becomes invalid.
(7) In cases where the Traveler becomes clear to be applicable to any of the terms and conditions in 07.03. through 07.05.
17.02. In the case that the Traveler does not pay the Tour Price by the due date specified in the Contract Document as provided in 12.01, the Traveler will be considered to have cancelled the Customized Tour Contract on the day immediately following the said due date. In this case, the said Traveler will be required to pay a penalty of the amount equal to the cancellation charge specified in the preceding Article 16.01.
Article 18. - Our Right to Cancel - Cancellation after the Start of the Tour
18.01. There are cases as follows where we may cancel part of the Customized Tour Contract even after the start of the Tour by explaining to the Traveler the reason for the cancellation:
 
(1) In cases where the Traveler is unfit to continue the Tour due to the absence of a necessary helper or other causes.
(2) In cases where the Traveler interferes with the safe and smooth implementation of the said Tour by not following the instructions given by our Tour Escort or other staff to implement the Tour safely and smoothly or disrupting the disciplinary order of the group activity by physically assaulting or threatening the said staff or other Travelers.
(3)

In cases where the Traveler becomes clear to be applicable to any of the terms and conditions in 07.03. through 07.05.

(4)

In cases where there arise such causes beyond our control as act of providence, maelstrom of war, civil unrest, suspension of Tour Services like transport and accommodation facilities, orders from government and public agencies, and other causes, which have disabled the safe and smooth implementation of the Tour.

18.02. In the case that we have cancelled the Customized Tour Contract under the provision of the preceding Paragraph 18.01., the Contractual relationship between our Company and the Traveler ceases to exist only in the future. In this case, it will be considered that our liability related to the Tour Service already provided to the Traveler has been redeemed effectively.
18.03.

In the case of the preceding Paragraph 18.02., we shall refund to the Traveler the amount remaining after deducting the cancellation charge, penalty charge and any other amount already paid or the amount related to the expenses payable from now for the said Tour Service from the amount covering the portion of the Tour Service that has not yet been offered to the Traveler out of the Tour Price.

Article 19. - Refund of the Tour Price
19.01. We shall refund to the Traveler the amount due in case there accrues a refundable amount due to the Traveler due to the reduction of the Tour Price under the provisions set forth from 14.03. through 14.05. or due to cancellation of the Customized Tour Contract under the provisions of the preceding three Articles from Article 16through Article 18, within 7 days reckoned from the day immediately following the date of cancellation in the case of a refund due to cancellation before the start of the Tour, or within 30 days reckoned from the day immediately following the last day of the Tour that is stated in the Contract Document in the case of a refund due to the reduction of the Tour Price or cancellation after the start of the Tour.
19.02.

In the case that the Communication Contract has been concluded with the Traveler, we shall pay a refund to the Traveler according to the card membership rules of the Affiliated Company if there accrues a refundable amount due to him or her due to reduction of the Tour Price under the provisions set forth from 14.03. through 14.05. or due to cancellation of the Communication Contract under the provisions of the preceding three Articles from Article 16 through Article 18. In this case, we shall notify the Traveler of the refundable amount due within 7 days reckoned from the day immediately following the date of cancellation in the case of a refund due to cancellation before the start of the Tour, or within 30 days reckoned from the day immediately following the last day of the Tour that is stated in the Contract Document in the case of a refund due to the reduction of the Tour Price or cancellation after the start of the Tour. The day when we have notified the Traveler shall be considered as the date of using the card.

19.03.

The provisions of the preceding two Paragraphs, 19.01. and 19.02, shall not prevent the Traveler or our Company from exercising the right to claim compensation for damage under the provision of Article 28 or Article 31.01. hereto.

Article 20. - Arrangement for Return Trip after Cancellation of the Contract
20.01. In the case that we have cancelled the Customized Tour Contract after the start of the Tour under the provision of Article 18.01. (1) or 18.01. (4), we shall undertake arrangements for the Tour Service needed for the Traveler to return to the departure place of the said Tour at the request of the Traveler.
20.02.

In the case of the preceding Paragraph 20.01., all the expense required for the return trip to the departure place shall be borne by the Traveler.

Chapter 5 - Contracts with Organizations and Groups

Article 21. - Contracts with Organizations and Groups
21.01. We shall apply the provisions of this Chapter to the conclusion of the Customized Tour Contract in cases where we receive subscriptions from two or more Travelers who are to travel the same route at the same time, provided that each Traveler appoints a responsible representative (hereinafter referred to as the “Contract Representative”).
Article 22. - Contract Representative
22.01. Unless a Special Contract is concluded, we shall consider the Contract Representative as the person holding all the power of representation concerning the conclusion of the Customized Tour Contract for the Travelers who compose his/her organization or group (hereinafter referred to as the “Constituent Member”), and we shall handle transactions concerning the Tour business related to the said organization or group and the business of Article 26.01. with the said Contract Representative.
22.02.

The Contract Representative will be required to submit a list of the Constituent Members on or before the date set by us.

22.03.

We shall not be held responsible for the liabilities or obligations that the Contract Representative assumes to the Constituent Members at present or the liabilities or obligations that the Contract Representative is expected to assume in the future.

22.04. In the case that the Contract Representative does not accompany his/her organization or group during the Tour, one of the Constituent Members appointed by the Contract Representative beforehand shall be considered by us as the Contract Representative after the start of the Tour.
Article 23. - Special Rule of the Conclusion of the Contract
23.01. When we conclude the Customized Tour Contract with the Contract Representative, there are cases where we accept the conclusion of the Customized Tour Contract without receiving payment of the Application Fee, notwithstanding the provision of Article 06.01.
23.02.

When we conclude the Customized Tour Contract with the Contract Representative without receiving payment of the Application Fee under the provision of the preceding Paragraph 23.01., we shall deliver to the Contract Representative a Document written to that effect, and the Customized Tour Contract shall be considered concluded when we have delivered the said Document to the Contract Representative.

Chapter 6 - Administration of Itinerary

Article 24. - Administration of Itinerary
24.01. We shall make every effort to secure the safe and smooth implementation of the travel for the Traveler and to carry out the following services for the Traveler, except when we have concluded with the Traveler a Special Contract that differs from these services:
 
(1) In cases where it is considered that the Traveler may not be able to receive the Tour Service during the Tour, to take necessary measures to ensure that the Traveler will receive the Tour Service as specified in the Customized Tour Contract.
(2) In cases where it becomes unavoidable to alter the contents of the Tour Contract despite the measures taken as described in the preceding Item, to make arrangements for alternative services. If the itinerary of the Tour is to be changed, we shall make every effort to make the alternative itinerary after the change measures up to the purport of the original itinerary. Also in cases where we are required to change the contents of the Tour Services, we shall try to minimize alterations of the Contract Contents by making the contents of the Tour Service after the change as close to the originally planned contents as possible.
Article 25. - Instructions of Our Company
25.01. The Traveler will be required to follow the instructions of our Company while the Tour is conducted as a group during the Tour from its start to its finish, in order to implement the Tour safely and smoothly.
Article 26. - Services of Tour Escorts, Etc.
26.01. There are cases where we shall ask Tour Escorts or others to accompany the Tour, depending on the contents of the Tour, and handle the services described in the respective Items of Article 24 in whole or in part or any other services that we consider necessary in connection with the said Customized Tour.
26.02.

The service hours for the said Tour Escorts or others to engage in the services described in the preceding Paragraph 26.01.shall be in principle from 8:00 to 20:00.

Article 27. - Protective Measures
27.01. In the case that a situation arises where we consider the Traveler to be in a condition requiring protection due to sickness, injury, etc., during the travel, we may take the necessary measures. In these cases, if the cause is not blamed on us, the expenditure required for the said measures shall be borne by the said Traveler and shall be payable by the Traveler on or before the date set by us by the method designated by us.

Chapter 7 - Responsibility

Article 28. - Responsibility of Our Company
28.01. We shall be responsible for compensating for the damage caused to the Traveler intentionally or negligently by us or by our agent (hereinafter referred to as the “Business Agent”) who has been engaged by us to make arrangements on our behalf under the provision of Article 4, but limited only to cases when notice has been given to us within two years from the day immediately following the day when the damage occurred.
28.02.

In cases where the Traveler has suffered damage due to causes beyond the control of our Company or our Business Agent, such as acts of providence, maelstrom of war, civil unrest, suspension of Tour Services like transport and accommodation facilities, orders from government and other public agencies, and others causes, we shall not be held responsible for compensation except in the case of the preceding Paragraph 28.01.

28.03.

Regarding damage caused to baggage as described in 28.01., notwithstanding the provision of the said Paragraph, we shall compensate the Traveler up to ¥150,000 as a maximum amount per Traveler (except in cases where the damage has been caused by us intentionally or by gross negligence), only in cases where we have been notified of the damage within 14 days in the case of inland trips and within 21 days in the case of overseas trips, counted respectively from the day immediately following the day when the damage has occurred.

Article 29. - Special Compensation
29.01. We shall pay compensation and a solatium of the amount set beforehand for damage caused to the life, body or baggage of the Traveler while he/she is participating in a Customized Tour, in accordance with the provision of the separate Rules of Special Compensation, regardless of whether or not the damage has been caused due to our responsibility under the preceding Article 28.01.
29.02.

In cases where we are responsible under the provision of the preceding Article 28.01. for the damage caused as described in the preceding Paragraph 29.01., the compensation money payable by us within the limit of the amount of compensation money payable based on the said responsibility according to the preceding Paragraph 29.01.shall be considered as the compensation money for the said damage.

29.03.

In such case as provided in the preceding Paragraph 29.02., our responsibility to pay the indemnity based on the provision of 29.01.shall be reduced by the amount equal to the compensation money payable by us under the provision of the preceding Article 28.01.(including the indemnity considered as the compensation money according to the provision of the preceding Paragraph 29.02.).

29.04.

The Subscription-Type Package Tour that we implement by collecting a separate Tour Price from the Traveler participating in our Customized Tour shall be handled as part of the contents of the Customized Tour Contract.

Article 30. - Guarantee of Itinerary
30.01.

In the case that a serious alteration is made to the Tour Contents described in the left column of Schedule II (except the alterations described in each of the following instances (excluding alterations caused by the lack of seats in the transportation facilities or the lack of rooms in the accommodation or other facilities despite the fact that the said Tour Service is provided by the transport and accommodation facilities)), we shall pay compensation money for such alterations that is equal to or in excess of the amount reached by multiplying the Tour Price by the percentage specified in the right column of the said Schedule within 30 days counted from the day immediately following the last day of the Tour, except in cases where it is clear that we will bear the responsibility under the provision of Article 28.01. regarding the said alterations.

(1) Alterations due to the following causes:

(a) Act of providence.

(b) Maelstrom of war.

(c) Civil unrest.

(d) Orders from government and other public agencies.

(e) Suspension of Tour Services like transport and accommodation facilities.

(f) Offering a transport service not based on the original travel plan.

(g) Measures required to ensure the safety of the life or body of the Tour Participants.

(2) Alterations relating to the portion altered following the changes made to the Customized Tour under the provision of Article 13.01. and those relating to the portion cancelled due to the cancellation of the Customized Tour Contract based on the provisions from Article 16 through Article 18.

30.02.

The maximum amount of compensation money payable by us for the alteration shall be the amount reached by multiplying the Tour Price per Traveler for the Customized Tour by the percentage set by us in excess of 15%. However, in the case that the amount of compensation money payable per Traveler for the Customized Tour falls below ¥1,000, we shall not pay the compensation money for the alteration.

30.03.

In the case that it becomes clear that we are liable for the said alteration, based on the provision of Article 28.01. after we have paid compensation money for the alteration in accordance with the provision of 30.01., the Traveler will be required to reimburse to us the compensation money paid for the said alteration. In this case, based on the provision of the same Paragraph, we shall pay the balance by offsetting the amount of the compensation money payable by us by the amount of the compensation money for the alteration that is refundable by the Traveler.

Article 31. - Responsibility of the Traveler
31.01.

In the case that we have suffered damage due to the willfulness or fault of the Traveler, the said Traveler will be required to compensate us for the damage.

31.02.

When the Traveler concludes the Customized Tour Contract, the Traveler will be required to try to understand the contents of the Customized Tour Contract, such as the right and obligation of the Traveler, etc., by utilizing the information provided by us.

31.03.

In order for the Traveler to smoothly receive the Tour Service described in the Contract Document after the start of the Tour, the Traveler will be required to report promptly to us, our business agent or the provider of the said Tour Service at the Touring point if and when the Traveler realizes that a Tour Service different from the Contract Document has been offered.

Chapter 8 - Compensation Business Guarantee Bonds

Article 32. - Compensation Business Guarantee Bonds
32.01.

We are a Security Member of the All Nippon Travel Agents Association (located at Toranomon 4-1-20, Minato-ku, Tokyo).

32.02.

The Traveler or the Constituent Member who has concluded the Package Tour Contract with us is entitled to receive reimbursement from the Compensation Business Guarantee Bonds deposited by the All Nippon Travel Agents Association, which is described in the preceding Paragraph 31.01., up to the maximum amount, in connection with the claim arising from the said transaction.

32.03.

As we have paid our share of the Compensation Business Guarantee Bonds to the All Nippon Travel Agents Association in accordance with the provision of the first Paragraph of the Article 22-10 of the Travel Agency Law, we have not deposited the Business Guarantee Bonds based on the first Paragraph of Article 7 of the Travel Agency Law.

Arranged Tour Contract Section

Chapter 1 - General Provisions

Article 1. - Scope of Application
01.01.

The Arranged Tour Contract to be concluded between our Company and the Traveler shall be based on this Contract under the following terms and conditions. Any matter not stipulated in this Contract shall be governed by ordinance or generally established practice.

01.02.

In cases where we conclude a Special Contract with the Traveler in writing without violating the relevant law or harming the interests of the Traveler, such a Special Contract shall be given priority, notwithstanding the provision of the preceding Paragraph.

Article 2. - Definition of Terminology
02.01.

In this Contract, “Arranged Tour Contract” shall mean the Contract under which we undertake to make arrangements at the request of the Traveler by representing him/her, or acting as his/her intermediary, or playing an introductory role for him/her, so that he/she may be provided with services, such as transport and accommodation offered by transport and accommodation facilities, etc., and other services related to travel (hereinafter to be referred to altogether as the “Tour Service”).

02.02.

In this Contract, “Inland Trip” shall mean trips planned for only inside Japan, and “Overseas Trip” shall mean trips other than inland trips.

02.03.  In this Contract, “Tour Price” shall mean the expense paid by our Company for the transportation charge, accommodation charge and other expenses payable to the transport and accommodation facilities, etc., to arrange the Tour Service, plus the handling charge of the Tour Service that is set by us (excluding handling charges for alterations and cancellation).
02.04. In this Section, “Communication Contract” shall mean the Arranged Tour Contract, which is concluded with the card member of the credit card company affiliated with our Company (hereinafter referred to as the “Affiliated Company”), by subscription through telephone, mail, facsimile, or other means of communication, subject to prior consent of the Traveler regarding the settlement of the credit obligation or liability held by us, such as the Tour Price, etc., under the Arranged Contract on and after the due date of such obligation or liability according to the separately provided card membership rule of the Affiliated Company and also subject to payment of the Tour Price, etc., by the method specified in 16.02. or 16.05. hereunder.
02.05.  In this Section, “Electronically Consented Notice” shall mean a notice issued in acceptance of the subscription for the Contract and transmitted by means of transmission, among the methods utilizing information-communication technologies, via telecommunication lines connecting the computer, facsimile, telex or telephone (hereinafter referred to as the “Electronic Computer, etc.”) being used by us with the Electronic Computer, etc., being used by the Traveler.
02.06.  In this Contract, “Date Card Used” shall mean the date when the Traveler or our Company is obligated to pay the Tour Price, etc., or execute refundable liability under the Arranged Tour Contract. 
Article 3. - Termination of Liability for Arrangements
03.01.

When we have made arrangements for the Tour Service with the care of a good manager, the fulfillment of our liability based on the Arranged Tour Contract shall terminate. Therefore, even if contracts are not concluded with transport and accommodation facilities, etc., due to such causes as capacity fully filled, shutdown, inappropriate condition, etc., when we have fulfilled our obligations, the Traveler will be required to pay to us the handling charge of the Tour Service (hereinafter to be referred to as the “Handling Charge”). When the Transmission Contract has been concluded, Date Card Used shall be construed to mean the date when we have informed the Traveler that we have not been able to conclude with the transport and accommodation facilities, etc., the contract requiring them to provide the Tour Service.

Article 4. - Surrogate Arranger
04.01.

There are cases where we may engage other travel agents, professional arrangers, or other helpers inside and outside Japan to make arrangements in whole or in part on our behalf in the implementation of the Arranged Tour Contract.

Chapter 2 - Conclusion of the Contract

Article 5. - Subscription for the Contract
05.01.

The Traveler intending to conclude an Arranged Tour Contract with us will be required to fill in specified particulars on the application form prescribed by us and submit it to us together with the Application Fee specified by us separately.

05.02.

Notwithstanding the provision of the preceding Paragraph, the Traveler intending to conclude a “Communication Contract” with us will be required to notify us of his/her credit card membership number and the contents of the Tour Service to be subscribed.

05.03.

The Application Fee specified in 05.01. shall be treated as part of the money payable to us by the Traveler, such as the Tour Price, Cancellation Charge, etc.

Article 6. - Refusal of the Conclusion of the Contract
06.01. We may not accept the conclusion of the Arranged Tour Contract in the following instances:
 
(1) If the Communication Contract is to be concluded, when the Traveler should become unable to settle his/her liability related to the Tour Price, etc., in whole or in part according to the membership rule of the Affiliated Company, due to such causes as the credit card held by the Traveler has become invalid, etc.
(2) In cases where the Traveler is considered as an anti-social force including member or associated member thereof, person or corporation affiliated thereto, corporate extortionist (Sokaiya) and others.
(3) In cases where the Traveler has committed an act of making violent or unreasonable demands against us, an act of using intimidation or violence in relation to transactions, or any other act of a similar nature.
(4) In cases where the Traveler has committed an act of impairing the credibility of our Company or interfering with our business by disseminating rumors, using fraudulent means or force, or any other act of a similar nature.
(5) In any other cases where there is any inconvenience experienced on our side related to our business.
Article 7. - Time of the Conclusion of the Contract
07.01.

The Arranged Tour Contract shall be deemed to have been concluded when we have accepted the conclusion of the Contract and have received the Application Fee specified in 05.01.

07.02.

Notwithstanding the provision of the preceding Paragraph, the Transmission Contract shall be deemed to have been concluded when we have issued a notice to the effect that we accept the application described in 05.02. However, in the case that an Electronically Consented Notice is issued under the said Contract, the Contract shall be deemed to have been concluded when the said notice has reached the Traveler.

Article 8. - Special Rule Related to the Conclusion of the Contract
08.01.

Notwithstanding the provision of 05.01., there are cases where we will conclude the Arranged Tour Contract merely by accepting the conclusion of the Contract under a Special Contract entered into in writing without receiving payment of the Application Fee.

08.02.

In the case of the preceding Paragraph, the time of the conclusion of the Arranged Tour Contract shall be clearly stated in the document described in the preceding Paragraph.

Article 9. - Special Rule Related to the Transport Ticket and Accommodation Coupon, etc.
09.01.

Notwithstanding the provisions of 05.01. and the preceding Article, 08.01., there are cases where we will accept subscription by word of mouth when the Arranged Tour Contract, aimed only at the arrangement of transport services or accommodation services, requires us to deliver a document indicating the right to receive the offering of the said Tour Service in exchange for the Tour Price.

09.02.

In the case of the preceding Paragraph, the Arranged Tour Contract shall be deemed to have been concluded when we have accepted the conclusion of the Contract.

Article 10. - Contract Document
10.01.

Promptly after the conclusion of the Arranged Tour Contract, we shall deliver to the Traveler a document (hereinafter to be referred to as the “Contract Document”) that describes particulars concerning the itinerary, contents of the Tour Service, the Tour Price, other conditions of the Tour and our Company’s responsibility. There are cases, however, where we do not deliver the said Contract Document when we deliver a document indicating the right to receive the offering of all the Tour Service, such as transport tickets, accommodation coupons and other services that we have arranged.

10.02.

In cases where we have delivered the Contract Document described in the preceding Paragraph 10.01., the scope of the Tour Service for which we are responsible for making arrangements under the Arranged Tour Contract shall be as stated in the said Contract Document.

Article 11. - Method to Use Information-Communication Technologies
11.01.

When we have provided particulars to be entered in the said Document (to be referred to as the “Particulars” in this Article) by means of utilizing information-communication technologies, we shall confirm that the said Particulars have been recorded on the file equipped in the communication equipment being used by the Traveler.

10.02.

In the case of the preceding Paragraph 11.01., when the file for recording the Particulars is not equipped in the communication equipment being used by the Traveler, we shall record the Particulars on the file equipped in the communication equipment being used by our Company (limited to the file provided only for the exclusive use of the Traveler) and confirm that the Traveler has viewed the Particulars.

Chapter 3 - Alteration and Cancellation of the Contract

Article 12. - Alteration of Contract Contents
12.01.

The Traveler may request us to change the contents of the Arranged Tour Contract, such as itinerary, contents of Tour Service, and other conditions of the Arranged Tour Contract, etc., in which case we shall try to accommodate the Traveler’s request as far as possible.

12.02.

In cases where the contents of the Arranged Tour Contract are changed at the request of the Traveler in accordance with the preceding Paragraph 12.01., the Traveler will be required to bear the cancellation charges and penalty payable to the transport and accommodation facilities and other expenses required for changing the arrangements at the time when the said arrangements already completed are cancelled, and in addition, to pay to us the handling charge for the change as prescribed by our Company. Furthermore, the increase or decrease of the Tour Price arising from such changes of the Arranged Tour Contract Contents shall belong to the Traveler.

Article 13. - Discretional Cancellation by the Traveler
13.01.

The Traveler may cancel the Arranged Tour Contract in whole or in part at any time.

13.02.

When the Arranged Tour Contract has been cancelled under the provision of the preceding Paragraph 13.01., the Traveler will be required to bear the expense paid in return for the Tour Service already received or the cancellation charges, penalty and other expenses payable to the transport and accommodation facilities for the Tour Service not yet offered, and in addition, to pay to us the handling charge for the cancellation as prescribed by our Company as well as the handling charge receivable by us.

Article 14. - Cancellation Due to Causes Attributable to the Traveler
14.01. We may cancel the Arranged Tour Contract in the following instances:
 
(1) If the Traveler does not pay the Tour Price by the due date specified.
(2) In cases where the Communication Contract has been concluded, when the Traveler has become unable to settle his/her liability related to the Tour Price, etc., in whole or in part according to the membership rule of the Affiliated Company, due to such causes as the credit card held by the Traveler has become invalid.
(3)

In cases where the Traveler becomes clear to be applicable to any of the terms and conditions in 06.02. through 06.04.

14.02. When the Arranged Tour Contract has been cancelled under the provision of the preceding Paragraph 14.01., the Traveler will be required to bear the cancellation charges and penalty for the Tour Service not yet offered as well as other expenses already paid and payable to the transport and accommodation facilities, and in addition, to pay to us the handling charge for the cancellation as prescribed by our Company as well as the handling charge receivable by us.
Article 15. - Cancellation Due to Causes Attributable to Our Company
15.01.

When the arrangement for the Tour Service should become precluded due to causes attributable to us, the Traveler may cancel the Arranged Tour Contract.

15.02.

When the Arranged Tour Contract has been cancelled under the provision of the preceding Paragraph 15.01., we shall reimburse to the Traveler the Tour Price already received after deducting the expenses already paid to the transport and accommodation facilities, etc., in return for the Tour Service already offered to the Traveler as well as the expenses payable from now.

15.03.

The provision of the preceding Paragraph 15.02. shall not prevent the Traveler from claiming compensation against us for the damage.

Chapter 4 - Tour Price

Article 16. - Tour Price
16.01.

The Traveler will be required to pay the Tour Price no later than the period prescribed by our Company prior to the start of the Tour.

16.02.

When the Communication Contract has been concluded, we shall accept payment of the Tour Price by using the card of the Affiliate Company without obtaining the Traveler’s signature on the voucher prescribed by us, in which case the Date Card Used shall be considered as the date when we have informed the Traveler of the contents of the Tour Service determined by us.

16.03.

There are cases where we may change the Tour Price prior to the start of the Tour when changes in the Tour Price have occurred due to such causes as the revision of the fares and charges by transport and accommodation facilities, changes in foreign exchange rates, etc.

16.04.

In the case of the preceding Paragraph 16.03., the increase or decrease of the Tour Price shall belong to the Traveler.

16.05. In the case that, when we have concluded the Communication Contract with the Traveler, expenses payable by the Traveler have accrued under the provisions of Chapter 3 and Chapter 4, we shall receive payment of the said expenses by using the card of the Affiliate Company without obtaining the Traveler’s signature on the prescribed voucher. In this case, the Date Card Used shall be considered as the date when we have informed the Traveler of the amount of the expenses payable to us by the Traveler or the amount reimbursable by us to the Traveler. However, in cases where we have cancelled the Arranged Tour Contract under the provision of Article14.01. (2), the Traveler will be required to pay to us the expense, etc., payable to us by him/her no later than the date set by us by the method prescribed by us.
Article 17. - Settlement of the Tour Price
17.01.

In cases where the amount of the expenses paid by us to the transport and accommodation facilities for arranging the Tour Service, which are to be borne by the Traveler, plus the handling charge (hereinafter to be referred to altogether as the “Tour Price Settled”) does not agree with the amount already received as the Tour Price, we shall square the Tour Price promptly after the Tour finishes, in accordance with the provisions of the following two Paragraphs.

17.02.

If the Tour Price Settled exceeds the amount already received as the Tour Price, the Traveler will be required to pay the difference to us.

17.03.

If the Tour Price Settled falls below the amount already received as the Tour Price, we shall reimburse the difference to the Traveler.

Chapter 5 - Arrangement for Organizations and Groups

Article 18. - Arrangement for Organizations and Groups
18.01.

We shall apply the provisions of this Chapter to the conclusion of the Arranged Tour Contract in cases where we have received subscriptions from two or more Travelers who are to travel the same route at the same time by appointing a responsible person to represent them (hereinafter referred to as the “Contract Representative”).

Article 19. - Contract Representative
19.01.

Unless a Special Contract is made, we shall consider the Contract Representative as the person holding all the power of representation concerning the conclusion of the Arranged Tour Contract for the Travelers who compose his/her organization or group (hereinafter referred to as the “Constituent Member”), and we shall handle with the said Contract Representative transactions concerning the Tour business related to the said organization or group and the business specified in 22.01. hereunder.

19.02.

The Contract Representative will be required to submit a list of the Constituent Members or inform us of the number of the Constituent Members on or before the date set by us.

19.03.

We shall not be held responsible for the liabilities or obligations that the Contract Representative assumes to the Constituent Members at present or the liabilities or obligations that the Contract Representative is expected to assume in the future.

19.04.

In cases where the Contract Representative does not accompany his/her organization or group during the Tour, one of the Constituent Members appointed by the Contract Representative beforehand shall be considered by us as the Contract Representative after the start of the Tour.

Article 20. - Special Rule of the Conclusion of the Contract
20.01.

When we conclude the Arranged Tour Contract with the Contract Representative, there are cases where we accept the conclusion of the Arranged Tour Contract without receiving payment of the Application Fee, notwithstanding the provision of Article 05.01.

20.02.

When we conclude the Arranged Tour Contract with the Contract Representative without receiving payment of the Application Fee under the provision of the preceding Paragraph 20.01., we shall deliver to the Contract Representative a Document written to that effect, and the Arranged Tour Contract shall be considered to have been concluded when we have delivered the said Document.

Article 21. - Changes by the Contract Representative
21.01.

When the Contract Representative has expressed a wish to change some of the Constituent Members, we shall accommodate his/her wish as far as possible.

21.02.

The increase or decrease of the Tour Price arising from the change described in the preceding Paragraph 21.01. as well as the expenses required for the said change shall belong to the Constituent Members.

Article 22. - Escort Service
22.01.

There are cases where we provide Escort Service at the request of the Contract Representative by having a Tour Escort accompany his/her organization or group.

22.02.

The contents of the Escort Service to be performed by the Tour Escort shall, in principle, be the service required for conducting the Tour of his/her organization or group as a group, according to the itinerary determined beforehand.

22.03.

The Service Hours of the Tour Escort for offering the Escort Service shall, in principle, be from 8:00 to 20:00 hours.

22.04.

When we offer the Escort Service, the Contract Representative will be required to pay to us the Escort Service Charge prescribed by us.

Chapter 6 - Responsibility

Article 23. - Responsibility of Our Company
23.01.

In the course of implementing the Arranged Tour Contract, we shall be responsible for compensating for the damage caused to the Traveler intentionally or negligently by our Company or by our agent who has been engaged by us to make arrangements on our behalf under the provision of Article 4 (hereinafter referred to as the “Surrogate Arranger”), but only in cases where notice has been given to us within two years from the day immediately following the day when the said damage occurred.

23.02.

In cases where the Traveler has suffered damage due to causes beyond the control of our Company or our Surrogate Arranger, such as act of providence, maelstrom of war, civil unrest, suspension of Tour Services like transport and accommodation facilities, orders from government and other public agencies, and other causes, we shall not be held responsible for compensation except in the case of the preceding Paragraph 23.01.

23.03.

With regard to damage caused to baggage as described in 23.01., notwithstanding the provision of the said Paragraph, we shall make compensation up to the limit of ¥150,000 as a maximum amount per Traveler (except in cases where the said damage has been caused by us intentionally or due to our serious fault), only if we have been notified of the said damage within 14 days in the case of inland trips and within 21 days in the case of overseas trips, respectively, counted from the day immediately following the day when the said damage occurred.

Article 24. - Responsibility of the Traveler
24.01.

If we have suffered damage due to the willfulness or fault of the Traveler, the said Traveler will be required to compensate us for the said damage.

24.02.

When the Traveler concludes the Customized Tour Contract, the Traveler will be required to make efforts to understand the contents of the Customized Tour Contract, such as the right and obligation of the Traveler, etc., by utilizing the information provided by us.

24.03.

In order for the Traveler to smoothly receive the Tour Service described in the Contract Document after the start of the Tour, the Traveler will be required to report promptly to us or our Surrogate Arranger or the provider of the said Tour Service at the Touring point if and when the Traveler should realize that the Tour Service is different from the Contract Document that was offered.

Chapter 7 - Redemption Business Guarantee Bonds

Article 25. - Redemption of Business Guarantee Bonds
25.01.

We are a Security Member of the All Nippon Travel Agents Association (located at Toranomon 4-1-20, Minato-ku, Tokyo).

25.02.

The Traveler or the Constituent Member who has concluded the Package Tour Contract with us is entitled to receive reimbursement from the Redemption Business Guarantee Bonds deposited by the All Nippon Travel Agents Association that is described in the preceding Paragraph 25.01., up to the maximum amount.

25.03.

As we have paid our share of the Redemption Business Guarantee Bonds to the All Nippon Travel Agents Association in accordance with the provision of Article 22, Paragraph 10 (1) of the Travel Agency Law, we have not deposited the Business Guarantee Bonds based on Article 7, Paragraph 1 of the Travel Agency Law.

Agent Contracts for Procedure for Going Abroad

Article 1. - Scope of Application
01.01.

The Agent Contract for Procedure for Going Abroad to be concluded between our Company and the Traveler shall be based on this Contract under the following terms and conditions. Any matter not stipulated in this Contract shall be governed by ordinance and generally established practice.

01.02.

If we conclude a Special Contract with the Traveler in writing without violating the relevant law or harming the interests of the Traveler, such a Special Contract shall be given priority, notwithstanding the provision of the preceding Paragraph 01.02.

Article 2. - Traveler Concluding an Agent Contract for Procedure for Going Abroad
02.01.

The Traveler with whom we conclude an Agent Contract for Procedure for Going Abroad, shall be the Traveler who has concluded with us a Subscription-Type Package Tour, an Order-Taking-Type Customized Tour or an Arranged Tour, or the Traveler who has concluded a Subscription-Type Package Tour from another Travel Agent with our Company acting on their behalf by consignment.

Article 3. - Definition of an Agent Contract for Procedure for Going Abroad
03.01. In this Contract, “Agent Contract for Procedure for Going Abroad” shall mean the Contract under which we undertake to perform the following services (hereinafter to be referred to as the “Agent Service”) on consignment from the Traveler by contracting to receive the Travel Agent Handling Charge (hereinafter to be referred to as the “Overseas Travel Procedure Handling Charge”) for handling the procedure for overseas travel on behalf of the Traveler:
 
(1) Procedure to obtain the passport, visa, re-entry permit and various certificates.
(2) Preparation of documents for immigration and re-entry formalities.
(3)

Other services related to each of the preceding Items (1) and (2).

Article 4. - Conclusion of the Contract
04.01. The Traveler, who intends to conclude an Agent Contract for Procedure for Going Abroad with us, will be required to fill in specified particulars on the application form prescribed by us and submit it to us.
04.02.

An Agent Contract for Procedure for Going Abroad shall be considered to have been concluded when we have accepted the conclusion of the Contract and have received the application form described in the preceding Paragraph 04.01.

04.03. Notwithstanding the provisions of the preceding two Paragraphs, there are cases where we will accept an application for an Agent Contract for Procedure for Going Abroad by telephone, mail, facsimile, or other means of communication, without receiving the submission of an application form, in which case the Agent Contract for Procedure for Going Abroad shall be considered to have been concluded when we have accepted the conclusion of the Contract.
04.04. The following are cases upon which we reserve the right to decline the conclusion of the Agent Contract for Procedure for Going Abroad.
 
(1) When the Traveler is considered as an anti-social force including member or associated member thereof, person or corporation affiliated thereto, corporate extortionist (Sokaiya) and others.
(2) When the Traveler has committed an act of making violent or unreasonable demands against us, an act of using intimidation or violence in relation to transactions, or any other act of a similar nature.
(3)

When the Traveler has committed an act of impairing the credibility of our Company or interfering with our business by disseminating rumors, using fraudulent means or force, or any other act of a similar nature.

(4)

In any other cases when there is any inconvenience experienced on our side related to our business.

04.05. We shall promptly after the conclusion of an Agent Contract for Procedure for Going Abroad deliver to the Traveler a document describing the contents of the consignment service (hereinafter to be referred to as the “Consignment Service”) undertaken under the Agent Contract for Procedure for Going Abroad, including the amount of the Overseas Travel Procedure Handling Charge, the method of receiving the said Charge, our responsibility and other necessary particulars.
04.06. When we have provided the particulars to be described in the document concerned (hereinafter to be referred to as the “Particulars”) by means of utilizing information-communication technologies instead of delivering the document as specified in the preceding Paragraph, we shall confirm that the Particulars have been recorded on the file equipped in the communication equipment being used by the Traveler.
04.07.

In the case of the preceding Paragraph 04.06., when the communication equipment being used by the Traveler is not equipped with the file for recording the Particulars, we shall record the Particulars on the file equipped in the communication equipment being used by us (limited to the file provided only for the exclusive use of the Traveler) and confirm that the Traveler has viewed the said Particulars.

Article 5. - Confidentiality
05.01.

We shall not leak to the other party any information obtained in the course of implementing the Consignment Service.

Article 6. - Responsibility of the Traveler
06.01.

The Traveler will be required to pay the Overseas Travel Procedure Handling Charge by the date set by us.

06.02.

The Traveler will be required to submit the documents required for the Consignment Service and other necessary material (hereinafter to be referred to as the “Overseas Travel Procedure Documents, etc.) by the date set by us.

06.03.

When we are required to pay charges for services, visa fees, expenses for commission, and other charges (hereinafter to be referred to as the “Visa Fee, etc.”) to government and public agencies as well as to foreign delegations in Japan and other parties, the Traveler will be requested to pay the said Visa Fee, etc., to us by the date set by us.

06.04.

When mail expenses, traveling expenses, and other expenses have accrued in the course of implementing the Consignment Service, the Traveler will be required to pay the said expenses to us by the date set by us.

Article 7. - Cancellation of the Contract
07.01. The Traveler may cancel the Agent Contract for Procedure for Going Abroad in whole or in part at any time.
07.02.

The following are cases where we may cancel the Agent Contract for Procedure for Going Abroad:

 
(1)

When the Traveler does not submit the Overseas Travel Procedure Documents by the prescribed date.

(2)

When we recognize that there are flaws in the Overseas Travel Procedure Documents submitted by the Traveler.

(3)

When the Traveler does not pay the Overseas Travel Procedure Handling Charge, Visa Fee, etc., and/or the expenses described in the preceding Article 06.04. by the prescribed date.

(4)

When the Traveler becomes clear to be applicable to any of the terms and conditions in 04.04. (1) through 04.04. (3).

(5)

In the case where we have accepted to undertake the Agent Service described in 03.01., when we recognize that the Traveler is very likely to become unable to obtain a passport, visa, or reentry permit (hereinafter to be referred to as the “Passport, etc.”) due to causes not attributable to us.

07.03. When the Agent Contract for Procedure for Going Abroad has been cancelled in accordance with the provision of the preceding two Paragraphs, the Traveler will be required to bear the Visa Fee, etc., and the expenses described in the preceding Article 06.04., and to pay in addition the Overseas Travel Procedure Handling Charge to us for the Consignment Service already implemented by us.
Article 8. - Responsibility of Our Company
08.01.

If we have caused damage to the Traveler intentionally or negligently in the course of implementing the Agent Contract for Procedure for Going Abroad, we shall be responsible for compensating for the said damage, but only in cases where we have been notified of the said damage within six months reckoned from the day immediately following the day when the said damage has occurred.

08.02.

We do not guarantee under the Agent Contract for Procedure for Going Abroad that the Traveler would actually be able to obtain a passport, etc., and that he/she would be permitted to enter and depart the countries concerned. Accordingly, we shall not be held responsible even if the Traveler is unable to obtain a passport, etc., or to enter or depart countries concerned, due to causes not attributable to us.

Travel Consulting Service Contract Section

Article 1. - Scope of Application
01.01.

The Travel Consulting Service Contract to be concluded between our Company and the Traveler shall be based on this Contract under the following terms and conditions. Any matter not stipulated in this Contract shall be governed by ordinance or generally established practice.

01.02.

In case we conclude a Special Contract with the Traveler in writing without violating the relevant law or harming the interest of the Traveler, such a Special Contract shall be given priority, notwithstanding the provision of the preceding Paragraph 01.01.

Article 2. - Definition of the Travel Consulting Service Contract
02.01. The “Travel Consulting Service Contract” shall mean in this Contract the Contract under which we shall promise to undertake the implementation of the following service at the request of the Traveler by receiving payment of the Travel Service Handling Charge (hereinafter to be referred to as the Consulting Fee) in return for the consulting service.
 
(1)

Advice necessary for the Traveler to prepare his/her travel plan

(2) Preparation of a travel plan
(3)

Estimation of the expenses to be required for such travel

(4)

Offering of information concerning touring spots and transport/accommodation facilities, etc.

(5) Offering of other advice and information necessary for travel
Article 3. - Conclusion of the Contract
03.01. The Traveler intending to conclude the Travel Consulting Service Contract with us will be required to submit to us an application form filled in with prescribed particulars.
03.02.

The Travel Consulting Service Contract shall be considered to have been concluded when we have accepted the conclusion of the said Contract and received the application specified in the preceding Paragraph 03.01.

03.03. Notwithstanding the provision of the preceding two Paragraphs, there are cases where we accept an application for the Travel Consulting Service Contract by telephone, mail, facsimile and other means of communication, without submission of the application form, in which case the Travel Consulting Service Contract shall be considered to have been concluded at the time when we have accepted the conclusion of the said Contract.
03.04. We may not accept the conclusion of the Travel Consulting Service Contract in the following Instances:
 
(1) When the contents of the Traveler’s consultation are offensive to public order and morals or are likely to violate the ordinance enforced in touring points.
(2) When the Traveler is considered as an anti-social force including being a member or associated member thereof, person or corporation affiliated thereto, corporate extortionist (Sokaiya) and others.
(3)

When the Traveler has committed an act of making violent or unreasonable demands against us, an act of using intimidation or violence in relation to transactions, or any other act of a similar nature.

(4)

When the Traveler has committed an act of impairing the credibility of our Company or interfering with our business by disseminating rumors, using fraudulent means or force, or any other act of a similar nature.

(5)

In any other cases when there is any inconvenience experienced on our side related to our business.

Article 4. - Consulting Fee
04.01.

When we have performed the service described in Article 2, the Traveler will be required to pay to us the Consulting Fee prescribed by us by the date set by us.

Article 5. - Cancellation of the Contract
05.01.

We may cancel the Travel Consulting Service Contract in cases where the Traveler becomes known to be applicable to any of the terms and conditions in 03.04. (2) through 03.04. (4).

Article 6. - Responsibility of Our Company
06.01.

We shall be held responsible for compensating for the damage, if any, which we have inflicted on the Traveler intentionally or negligently, only in the case in which we have been notified of the said damage within six months reckoned from the date immediately following the day when the said damage occurred.

06.02.

We do not guarantee that actual arrangements would be possible for the transport and accommodation facilities, etc., which are described in the travel plan prepared by us. Therefore, even if it has become impossible to conclude contracts with the transport and accommodation facilities, etc., for them to provide transport and accommodation and other travel-related services, due to such causes as full occupancy, we shall not be held responsible for such circumstances.