KOTOBUSEXPRESS > Document for Travel Conditions

Chapter 1. General Provisions

Article 1. Scope of Application

The Agency-Arranged Travel Agreement executed by and between our company (hereinafter called "Company") and a traveler (hereinafter called "Traveler") shall be subject to the provisions stipulated in these Terms and Conditions (hereinafter called the "Terms"). Any matter not stipulated in the Terms shall be subject to the applicable laws and regulations or generally established custom or practice.
If Company executes any special covenant in writing with Traveler, without breach of the applicable laws and regulations, to the extent that such covenant is not disadvantageous to such Traveler, such covenant shall prevail, notwithstanding the preceding paragraph.

Article 2. Definitions of Words and Terms

In the Terms, the "Agency-Arranged Travel Agreement" (hereinafter called the "Arrangement Agreement") means an agreement where Company undertakes to arrange any transportation, accommodation and/or any other services provided by any transportation and/or accommodation facilities, etc. (hereinafter collectively called the "Travel Services"), through representation, intermediation or agency, etc. on behalf of such Traveler, on the basis of the entrustment by such Traveler to Company, in order for such Traveler to receive the provision of such Travel Services.
In the Terms, the "Domestic Travel" means a travel inside Japan only, and the "Overseas Travel" means any travel other than the Domestic Travel.
In the Terms, the "Travel Charges" mean the fares, freight charges, accommodation charges, or any other expenses or costs paid to any transportation and/or accommodation facilities, etc. and handling fees for travel services designated by Company (except for any change fee and cancellation fee), in order for Company to arrange the Travel Services for Traveler.
In this Part, the "Communication Agreement" means an Arrangement Agreement executed by and between Company and a card member of any credit card company partnering with Company (hereinafter called the "Partner Company") after Company accepts an application from such card member by phone, postal mail, facsimile or any other means of communication, and where Traveler agrees in advance that Company settles its claims or obligations concerning the Travel Charges in relation to the Arrangement Agreement against such Traveler after the day when such claims or obligations shall be performed, in accordance with the terms and conditions of card membership separately stipulated by such Partner Company and where the Travel Charges shall be paid by such Traveler in the methods set forth in the paragraph 2 or the paragraph 5 of the Article 16.
In this Part, the "Electronic Acceptance Notice" means an acceptance notice given by Company to the application by Traveler for the Arrangement Agreement and sent through telecommunication lines connected between any computer, facsimile machine, telex or telephone (hereinafter collectively called the "Computer, etc.") used by Company and the Computer, etc. used by such Traveler, out of the methods using information and communication technologies.
In the Terms, "Card Usage Date" means the date when Traveler or Company shall pay the Travel Charges or perform its obligations of refund on the basis of the Arrangement Agreement.

Article 3. Termination of Obligations of Arrangement

If Company has arranged the Travel Services with duty of care of a good manager, the performance of the obligations of Company on the basis of the Arrangement Agreement shall terminate. Therefore, even in the case where Company may not conclude an agreement with any transportation and/or accommodation facilities, etc. in relation to the provision of any transportation, accommodation and/or any other services, for the reason that such transportation and/or accommodation facilities, etc. are filled to their capacity, or due to suspension of operations of such facilities, etc. or inappropriate conditions, etc., if Company has performed its obligations, Traveler shall pay to Company the handling fee for the Travel Services designated by Company (hereinafter called the "Handling Fee"). In the case of execution of the Communication Agreement, the Card Usage Date shall be the date when Company has given notice to Traveler to the effect that Company could not conclude the agreement with such transportation and/or accommodation facilities, etc. in relation to the provision of the Travel Services.

Article 4. Agent for Arrangement

Company may entrust any other travel agency, any person or entity engaged in arrangement as its business or any other assistant to make all or any part of the arrangement, in performing the Arrangement Agreement, as the case may be.

Chapter 2. Establishment of Arrangement Agreement

Article 5. Application for Arrangement Agreement

Any Traveler who intends to execute the Arrangement Agreement with Company shall submit to Company an application form designated by Company where all required items are filled in, along with the application fee separately designated by Company (hereinafter called the "Application Fee").
Any Traveler who intends to execute the Communication Agreement with Company shall notify Company of his/her membership number and the details of the Travel Services which such Traveler intends to apply for, notwithstanding the preceding paragraph.
The Application Fee set forth in the paragraph 1 shall be treated as part of the Travel Charges, cancellation fee or any other money to be paid by Traveler to Company.

Article 6. Refusal of Execution of Arrangement Agreement

In any of the following cases, Company may not accept the request by Traveler for execution of the Arrangement Agreement, as the case may be.
1. If Company has any of its operational or business reasons;
2. In the case where Traveler intends to execute the Communication Agreement, if such Traveler may not settle all or any part of his/her obligations in relation to the Travel Charges in accordance with the terms and conditions of the card membership of the Partner Company, due to invalidity of the credit card held by such Traveler, etc.

Article 7. Time of Establishment of Arrangement Agreement

The Arrangement Agreement shall become effective at the time when Company has accepted the execution of such Agreement and received the Application Fee set forth in the paragraph 1 of the Article 5.
Notwithstanding the preceding paragraph, the Communication Agreement shall become effective at the time when Company has sent a notice to Traveler to the effect that Company accepts the application set forth in the paragraph 2 of the Article 5. However, in the case of sending the Electronic Acceptance Notice, such Agreement shall become effective at the time when such Notice has reached such Traveler.

Article 8. Special Provision for Establishment of Arrangement Agreement

Notwithstanding the paragraph 1 of the Article 5, Company may, with a written special covenant, execute the Arrangement Agreement only by accepting the request from Traveler for execution of such Agreement, without receiving the Application Fee, as the case may be.
In the case of the preceding paragraph, the Arrangement Agreement shall become effective at the time specified in the special covenant set forth in such paragraph.

Article 9. Special Provision for Transportation Ticket and Accommodation Voucher, etc.

Notwithstanding the paragraph 1 of the Article 5 and the paragraph 1 of the preceding article, Company may accept an oral application from Traveler for the Arrangement Agreement only for the purpose of arrangement of transportation and/or accommodation services and for which a written document where the right to receive the provision of such Travel Services in exchange for payment of the Travel Charges is delivered, as the case may be.
In the case of the preceding paragraph, the Arrangement Agreement shall become effective at the time when Company has accepted the execution of such Agreement.

Article 10. Document for Arrangement Agreement

Company shall promptly deliver to Traveler, after establishment of the Arrangement Agreement, a written document (hereinafter called the "Document for Agreement") where a travel itinerary, the details of the Travel Services, the Travel Charges, any other travel conditions and the matters in relation to the liability of Company are specified. However, If Company delivers to Traveler a document where the right to receive transportation tickets, accommodation vouchers and/or the provision of any other travel services in relation to any and all Travel Services arranged by Company is specified, Company may not deliver such Document for Agreement to such Traveler, as the case may be.
In the case of the delivery of the Document for Agreement set forth in the preceding paragraph, the scope of the Travel Services for which Company shall be liable for their arrangement on the basis of the Arrangement Agreement shall be subject to the descriptions in such Document for Agreement.

Article 11. Methods Using Information and Communication Technologies

If Company provides to Traveler, after obtaining prior consent of such Traveler, the travel itinerary, the details of the Travel Services, the Travel Charges, any other travel conditions and the matters in relation to the liability of Company to be specified in any document or in the Document for Agreement (hereinafter collectively called the "Descriptions" in this article) by any method using information and communication technologies, in place of the delivery of such document or such Document for Agreement to such Traveler who intends to execute the Arrangement Agreement, Company shall confirm that such Descriptions have been recorded in the files installed in the communication equipment used by such Traveler.
In the case of the preceding paragraph, if the files for recording the Descriptions are not installed in the communication equipment used by Traveler, Company shall record such Descriptions in the files installed in the communication equipment used by Company (only limited to the files exclusively used for such Traveler) and confirm that such Traveler has viewed such Descriptions.

Chapter 3. Alteration of Arrangement Agreement

Article 12. Change of Content of Arrangement Agreement

Traveler may request Company to change or alter the travel itinerary, the details of the Travel Services or any other content of the Arrangement Agreement. In such case, Company shall make its best efforts to meet such request as much as possible.
In the case of any change of the content of the Arrangement Agreement at the request of Traveler set forth in the preceding paragraph, such Traveler shall bear any and all cancellation fees, penalty fees to be paid to the transportation and/or accommodation facilities. etc. for cancellation of already completed arrangement, and/or any other expenses required for change of any other arrangement, and shall also pay to Company the change fee designated by Company. Any increase or decrease of the Travel Charges arising from the change of the content of such Arrangement Agreement shall belong to such Traveler.

Article 13. Voluntary Termination of Arrangement Agreement by Traveler

Traveler may, at any time, terminate all or any part of the Arrangement Agreement.
In the case of the termination of the Arrangement Agreement on the basis of the preceding paragraph, Traveler shall bear the expenses already paid or to be paid in the future by such Traveler to any transportation and/or accommodation facilities, etc., in consideration of the Travel Services already received or in relation to the Travel Services not received yet by such Traveler, such as any and all cancellation fees or penalty fees and/or any other expenses, and shall also pay to Company the prescribed cancellation fee and the Handling Fee which Company would have received.

Article 14. Termination for Reasons Attributable to Traveler

In any of the following cases, Company may terminate the Arrangement Agreement.
1. If Traveler does not pay the Travel Charges by the due date designated by Company;
2. In the case of the execution of the Communication Agreement, if Traveler may not settle all or any part of his/her obligations in relation to the Travel Charges, etc. in accordance with the terms and conditions of the card membership of the Partner Company, due to invalidity of the credit card held by such Traveler, etc.
In the case of the termination of the Arrangement Agreement on the basis of the preceding paragraph, Traveler shall bear any and all cancellation fees, penalty fees and/or any other expenses already paid or to be paid in the future by such Traveler to any transportation and/or accommodation facilities, etc., in relation to the Travel Services not received yet by such Traveler, and shall also pay to Company the prescribed cancellation fee and the Handling Fee which Company would have received.

Article 15. Termination for Reasons Attributable to Company

If the arrangement of the Travel Services becomes impossible for any reason attributable to Company, Traveler may terminate the Arrangement Agreement.
In the case of the termination of the Arrangement Agreement on the basis of the preceding paragraph, Company shall refund to Traveler the Traveler Charges already received from such Traveler, after deducting the expenses already paid or to be paid in the future to any transportation and/or accommodation facilities, etc. in consideration of the Travel Services already received or in relation to the Travel Services not received yet by such Traveler from such Travel Charges.
The preceding paragraph shall not preclude the Traveler from claiming for any damage compensation against Company.

Chapter 4. Travel Charges

Article 16. Travel Charges

Traveler shall pay to Company the Travel Charges by the due date designated by Company before the start of the travel.
In the case of the execution of the Communication Agreement, Company shall receive the payment for the Travel Charges by the card of the Partner Company, without the signature of the Traveler on the prescribed slip. In such case, the Card Usage Date shall be the date when Company has notified such Traveler of the details of the Travel Services confirmed by Company.
In the case of any change of the Travel Charges due to any revision of the fares or charges set by any transportation and/or accommodation facilities, etc., any fluctuation of foreign exchange markets or any other reason before the start of the travel, Company may change such Travel Charges.
In the case of the preceding paragraph, any increase or decrease of the Travel Charges shall belong to such Traveler.
In the case of the execution of the Communication Agreement with Traveler, if any expense, etc. to be borne by such Traveler in accordance with the provisions set forth in the Chapter 3 or the Chapter 4 arises, Company shall receive the payment for such expense, etc. by the card of the Partner Company, without the signature of such Traveler on the prescribed slip. In such case, the Card Usage Date shall be the date when Company has notified such Traveler of the amount of the expenses to be paid by such Traveler to Company or the amount to be refunded by Company to such Traveler. However, in the case of the termination of the Arrangement Agreement in accordance with the item 2) of the paragraph 1 of the Article 14, such Traveler shall pay to Company any and all expenses, etc. to be paid by such Traveler, by the due date designated by Company, in the payment method designated by Company.

Article 17. Settlement of the Travel Charges

If the expenses to be borne by Traveler out of the expenses paid by Company to any transportation and/or accommodation facilities, etc. for arrangement of the Travel Services and the Handling Fee (hereinafter collectively called the "Travel Charges for Settlement") do not coincide with the amount already received by Company as the Travel Charges, Company shall promptly settle such Travel Charges after such travel, in accordance with the following paragraph and the paragraph 3.
If the Travel Charges for Settlement exceed the amount already received by Company from Traveler as the Travel Charges, such Traveler shall pay to Company the balance between both amounts.
If the Travel Charges for Settlement fall below the amount already received by Company from Traveler as the Travel Charges, Company shall refund to such Traveler the balance between both amounts.

Chapter 5. Arrangement for Group

Article 18. Arrangement for Group

The provisions set forth in this chapter shall apply to any execution of the Arrangement Agreement which a responsible representative person (hereinafter called the "Person Responsible for Agreement") appointed by several Travelers who travel in the same travel itinerary applies for.

Article 19. Person Responsible for Agreement

Except in the case of execution of any special covenant, Company shall consider that the Person Responsible for Agreement has any and all rights of representation in relation to the execution of the Arrangement Agreement for the Travelers consisting of his/her group (hereinafter called the "Members"), and shall perform any and all transactions in relation to the Travel Services for such group and the services set forth in the paragraph 1 of the Article 22, by communicating with such Person.
The Person Responsible for Agreement shall submit a list of the Members to Company or notify Company of the number of such Members, by the due date designated by Company.
Company shall not be liable for any debts or obligations actually borne or expected to be borne in the future by the Person Responsible for Agreement to the Members.
If the Person Responsible for Agreement does not accompany his/her group in the travel, Company shall consider the Member selected in advance by such Person Responsible for Agreement as the new Person Responsible for Agreement.

Article 20. Special Provision for Establishment of Arrangement Agreement

In the case of the execution of the Arrangement Agreement with the Person Responsible for Agreement, Company may accept such execution of the Arrangement Agreement without receiving the payment of the Application Fee, notwithstanding the paragraph 1 of the Article 5, as the case may be.
In the case of the execution of the Arrangement Agreement without receiving the payment of the Application Fee on the basis of the preceding paragraph, Company shall deliver to the Person Responsible for Agreement a document where such execution without receipt of such payment is specified. Such Arrangement Agreement shall become effective at the time when Company has delivered such document to such Person.

Article 21. Change of Members

If the Person Responsible for Agreement requests for any change of the Members, Company shall make its best efforts to meet such request as much as possible.
Any increase or decrease of the Travel Charges arising from the change set forth in the preceding paragraph and any expense required for such change shall belong to such Members.

Article 22. Conducting Services

At the request of the Person Responsible for Agreement, Company may have a tour conductor accompany his/her group and provide any conducting service, as the case may be.
The details of the conducting services performed by the tour conductor shall, in principle, be the services necessary for the group activities in the travel itinerary determined in advance.
The available time for the provision of the conducting services by the tour conductor shall, in principle, be from 8:00 to 20:00.
If Company provides any conducting service, the Person Responsible for Agreement shall pay to Company the prescribed conducting service fee.

Chapter 6. Liability

Article 23. Liability of Company

If Company or any agent entrusted by Company to make the arrangement (hereinafter called the "Agent for Arrangement"), in performing the Arrangement Agreement, gives, by intent or negligence, any damage to Traveler, Company shall compensate such Traveler for such damage, provided, however, that such Traveler notifies Company of such damage within two (2) years from the day immediately following the date of the occurrence of such damage.
If Traveler incurs any damage arising from any act of God, natural disaster, war, civil commotion, riot, suspension or stoppage of provision of the Travel Services by any transportation and/or accommodation facilities, etc., order by any public agency or any other event where Company or the Agent for Arrangement may not be involved, Company shall not compensate such Traveler for such damage, except in the case of the preceding paragraph.
With respect to any damage set forth in the preceding paragraph in relation to any baggage of Traveler, notwithstanding the preceding paragraph, Company shall compensate such Traveler for such damage, to the extent of the amount of 150,000 JPY (One Hundred and Fifty Thousand Japanese Yen) per Traveler (except in the case where such damage is attributable to intent or gross negligence of Company), only if such Traveler notifies Company of such damage within fourteen (14) days for the Domestic Travel or within twenty one (21) days for the Overseas Travel from the day immediately following the date of the occurrence of such damage.

Article 24. Liability of Traveler

If Company incurs any damage attributable to intent or negligence of Traveler, such Traveler shall compensate Company for such damage.
Travel shall strive to utilize any and all information provided by Company, and understand any and all rights and obligations of such Traveler and any other details of the Arrangement Agreement, in executing such Agreement.
If Traveler recognizes, after the start of the travel, that any Travel Service different from the Travel Services specified in the Document for Agreement has been provided, in order to smoothly receive the provision of the Travel Services specified in the Document for Agreement, such Traveler shall promptly notify Company, the Agent for Arrangement or the service provider of such Travel Services of such recognition at the travel destinations.

Chapter 7. Compensation Bond (in the case of a guaranteed member of JATA)

Article 25. Compensation Bond

Company is a guaranteed member of Japan Association of Travel Agents (JATA, located at 4-1-20, Toranomon, Minato-ku, Tokyo, Japan).
Any Traveler or Member who executes the Arrangement Agreement with Company may be compensated for his/her claims arising from the transactions with Company, to the extent of the amount of 11 million JPY (Eleven Million Japanese Yen) out of the compensation bond deposited by JATA set forth in the preceding paragraph.
Company has already paid a contribution for the compensation bond to JATA. on the basis of the paragraph 1 of the Article 22-10 of Travel Agency Act of Japan. Therefore, Company does not deposit the Operation Bond on the basis of the paragraph 1 of the Article 7 of such Act.