Terms and Conditions for Travel Agency Business on Sale of Ready-made Package Travel, etc. by Using Convenience Stores, etc.
Chapter 1. General Provisions
Article 1. Scope of Application
- The Agreement on Ready-made Package Travel (hereinafter called the "Package Travel Agreement") or the Agreement on Sale of Transportation Tickets, etc. (hereinafter called the "Ticket-Sale Agreement") (hereinafter both agreements are collectively called the "Travel Agreement"), which is executed by and between Shinnihon-Tourirst Co., Ltd. (hereinafter called "Company") and a traveler (hereinafter called "Traveler") on the basis of the application by such Traveler through the equipment installed at convenience stores, etc., shall not be subject to the "Part of Ready-made Package Travel Agreement" or the "Agency-Arranged Agreement" of Company but to 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 "Package Travel" means a travel for which Company prepares in advance a travel plan specifying the travel destinations, travel itinerary, details of the transportation and/or accommodation services available for Traveler and the Travel Charges to be paid by such Traveler to Company in order to recruit or look for Travelers and which Company implements on the basis of such plan.
- In the Terms, the "Ticket-Sale Agreement" means an agreement where Company executes with Traveler, on behalf of any transportation and/or accommodation service provider, in relation to the services provided by such service provider to such Traveler. In such case, "Travel Charges" mean the fares, freight charges, accommodation charges, or any other expenses or costs paid to any transportation and/or accommodation facilities, etc.
- In the Terms, the "Domestic Travel" means a travel inside Japan only, and the "Overseas Travel" means a travel other than the Domestic Travel.
- In the Terms, the "Equipment" means communication equipment installed in convenience stores, etc. consisting of an online system terminal for connections from Traveler to Company or to any contractor or outsourcee of Company and a phone which enables Traveler to contact Company or such contractor or outsourcee, or of a system which enables Traveler to confirm the descriptions displayed on the screen of the terminal before execution of an agreement with Company.
- In the Terms, the "Management Sales Office" means any sales office of Company or of the contractor or outsourcee of Company which directly manages the Equipment.
- In the Terms, the "Partner Company" means any credit card company partnering with Company.
- In the Terms, the "Card Method" means a method of execution of an agreement by which Traveler pays the Travel Charges (including an application fee. The same applies hereinafter.) by using a credit card of the Partner Company.
- In the Terms, the "Debit Card" means a card issued by any bank, Shinkin bank (credit bank) or credit union, etc. to its customers who have their accounts therein and which has functions for deposits or withdrawals of cash by ATM, etc. and electronic withdrawals for payments of purchased goods or services.
- In the Terms, the "Cash Collection Method" means a method of execution of an agreement by which Traveler pays the Travel Charges via staff of convenience stores, etc. or a method of execution of an agreement by which Traveler pays the Travel Charges by using the Debit Card through the Equipment.
- In the Terms, the "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 Package Travel Agreement or the Ticket-Sale Agreement, in the case of the Card Method.
Article 3. Content of Travel Agreement
- In the Package Travel Agreement, Company shall arrange any transportation, accommodation or any other travel services (hereinafter collectively called the "Travel Services") provided by any transportation and/or accommodation facilities, etc. in order for Traveler to receive the provision of such Travel Services in accordance with the travel itinerary designated by Company and shall manage such itinerary.
- In the Ticket-Sale Agreement, if Company has arranged the Travel Services with duty of care of a good manager, the performance of obligations of Company shall terminate.
Article 4. Agent for Arrangement
- Company may entrust any other travel agency, any person or entity engaged in arrangements as its business or any other assistant to make all or any part of the arrangements, in performing the Package Travel Agreement or the Ticket-Sale Agreement, as the case may be.
Chapter 2. Execution of Travel Agreement
Article 5. Application for Travel Agreement
- Any Traveler who intends to apply for the Package Travel Agreement or the Ticket-Sale Agreement to Company, by the Card Method, shall notify Company of the name of such Package Travel, or the details of the transportation and/or accommodation services and the starting date of such travel, etc. through the Equipment and shall allow Company to record his/her credit card number through the Equipment in an electromagnetic way.
- Any Traveler who intends to apply for the Package Travel Agreement or the Ticket-Sale Agreement to Company, by the Cash Collection Method, shall notify Company of the name of such Package Travel, or the details of the transportation and/or accommodation services and the starting date of the travel, etc. through the Equipment and shall pay an application fee separately designated by Company (hereinafter called the "Application Fee") to the staff of a convenience store, etc. or pay such Fee through the Equipment by using his/her Debit Card.
- The Application Fee set forth in the preceding paragraph shall be treated as part of the Travel Charges, cancellation fee or penalty fee to be paid by Traveler to Company.
- Any Traveler who needs to special consideration in participating in the Package Travel shall request Company to give such consideration in applying for the Package Travel Agreement. In such case, Company shall respond to such request to the extent possible.
- Any and all expenses necessary for the special consideration given by Company to Traveler on the basis of the request set forth in the preceding paragraph shall be borne by such Traveler.
Article 6. Refusal of Execution of Travel Agreement
In any of the following cases, Company may not accept the request by Traveler for the execution of the Travel Agreement, as the case may be.
- In the case of the Package Travel Agreement, if Traveler does not meet the gender, age, qualification, skill or any other conditions as a participant of the travel clearly specified by Company in advance;
- In the case of the Package Travel Agreement, if the number of applicants has reached the planned number;
- In the case of the Package Travel Agreement, if Traveler may cause any trouble to other Travelers or may preclude the smooth implementation of the group activities;
- If Company has any of its operational or business reasons;
- In the case where Traveler intends to execute the Package Travel Agreement or the Ticket-Sale Agreement by the Card Method, 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. Confirmation of Will of Traveler Before Establishment of Package Travel Agreement
- Company shall confirm the details of the travel and the will of Traveler for the execution of the Package Travel Agreement, before such Agreement becomes effective, by phone installed in the Equipment or through the system to enables Company to confirm that such Traveler has understood such details well.
Article 8. Time of Establishment of Travel Agreement
- The Package Travel Agreement by the Card Method shall become effective at the time when Company has confirmed the will of Traveler set forth in the preceding article and the number of the credit card of such Traveler has been recorded in the Management Sales Office of Company on the basis of the paragraph 1 of the Article 5.
- The Ticket-Sale Agreement by the Card Method shall become effective at the time when the number of the credit card of Traveler has been recorded in the Management Sales Office of Company on the basis of the paragraph 1 of the Article 5.
- The Package Travel Agreement by the Cash Collection Method shall become effective at the time when Company has confirmed the will of Traveler set forth in the preceding article and the staff of convenience store, etc. has received the Application Fee set forth in the paragraph 2 of the Article 5 or the Travel Charges have been withdrawn from the account of such Traveler by using the Debit Card.
- The Ticket-Sale Agreement by the Cash Collection Method shall become effective at the time when the staff of convenience store, etc. has received the Application Fee set forth in the paragraph 2 of the Article 5 or the Travel Charges have been withdrawn from the account of Traveler by using the Debit Card.
Article 9. Delivery of Document for Travel Agreement
- After the establishment of the Travel Agreement set forth in the preceding article, Company shall immediately deliver to Traveler a document where the required matters such as the details of the travel or the details of transportation and/or accommodation services and the details of the Travel Charges are specified through the Equipment, and shall consider such document and any other instructions for conditions of transactions such as a pamphlet as the document where the travel itinerary, the details of the Travel Services, any other travel conditions and the matters in relation to the liability of Company are specified (hereinafter called the "Document for Agreement"). However, in the case of the Ticket-Sale Agreement, if Company delivers a document where the rights to receive transportation tickets, accommodation vouchers or any other services are 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 make arrangements and manage the travel itinerary on the basis of the Package Travel Agreement or the Ticket-Sale Agreement shall be subject to the descriptions specified in such Document for Agreement.
Article 10. Definite Document
- In the Document for Agreement in the case of the Package Travel Agreement, if the definite travel itinerary or the names of the transportation and/or accommodation facilities may not be specified, Company shall deliver to Traveler, after the delivery of such Document for Agreement, a document where the definite situations of such itinerary or such names are specified, by the date specified in such Document for Agreement which is the day immediately preceding the starting date of the travel at the latest (which is the starting date of the travel at the latest, if the application for the Package Travel Agreement is made on and after the day falling on the seventh (7th) day counted backward from the day immediately preceding such starting date) (hereinafter called the "Definite Document"), after enumerating, to a limited extent, the names of the scheduled accommodation facilities for use and the names of the important transportation facilities for display in such Document for Agreement.
- In the case of the preceding paragraph, if Company receives any inquiry from Traveler who desires to confirm the arrangement situation of the travel, Company shall promptly and appropriately respond to such inquiry even before the delivery of the Definite Document.
- In the case of the delivery of the Definite Document set forth in the paragraph 1, the scope of the Travel Services for which Company shall make arrangements and manage the travel itinerary shall be limited to the descriptions specified in such Definite Document.
Article 11. Travel Charges
- In the case of the Package Travel Agreement or the Ticket-Sale Agreement by the Card Method, 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 of establishment of such Travel Agreement.
- In the case of the Package Travel Agreement or the Ticket-Sale Agreement by the Cash Collection Method, Traveler shall pay to Company the Travel Charges specified in the Document for Agreement, by the due date specified in such Document which is the day immediately preceding the starting date of the travel at the latest.
Article 12. Settlement of Travel Charges
- In the case of the Ticket-Sale Agreement, 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 (hereinafter 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.
Article 13. Business Hours
- The operating time of the Equipment shall be within the business hours of the Management Sales Office.
Chapter 3. Alteration of Travel Agreement
Article 14. Change of Content of Travel Agreement
- In the case of the Package Travel Agreement and in the event of 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 facility, etc., order by any public agency or provision of any transportation services not based on the original operation plan of Company, or in any other event where Company may not be involved, Company may change the travel itinerary, the details of the Travel Services or any other content of the Package Travel Agreement by promptly explaining in advance to Traveler the reason why Company may not be involved in such event and the causal relationship with such event, if Company considers that such change is inevitable for safe and smooth implementation of the travel. However, in any emergent and inevitable case, Company shall explain them to such Traveler after such change.
- In the case of the Ticket-Sale Agreement, Traveler may request Company to change the travel itinerary, the details of the Travel Services or any other content of such Agreement. In such case, Company shall respond to such request to the extent possible.
- In the case of any change of the content of the Ticket-Sale 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 arrangements, and/or any other expenses required for change of any other arrangement, and shall also directly pay to Company the change fee designated by Company. Any increase or decrease of the Travel Charges arising from the change of such Ticket-Sale Agreement shall belong to such Traveler.
Article 15. Change of Amount of Travel Charges
- If any applicable fares or fees of the transportation facilities to be used in implementing the Package Travel (hereinafter called the "Applicable Fares or Fees" in this article) are increased or decreased significantly beyond the usually expected extent, due to any significant change of economic situations, etc., in comparison with such Applicable Fares or Fees publicly announced as effective ones at the time of clearly specifying them in recruiting or looking for the participants for such Package Travel, Company may increase or decrease the amount of the Travel Charges to the extent of such increased or decreased amount of such Applicable Fares or Fees.
- In the case of any increase of the Travel Charges on the basis of the preceding paragraph, Company shall notify Traveler of such increase, before the day falling on the fifteenth (15th) day counted backward from the day immediately preceding the starting date of the travel.
- In the case of any decrease of the Applicable Fares or Fees set forth in the paragraph 1, Company shall reduce the Travel Charges only to the extent of such decreased amount in accordance with such paragraph.
- In the case of the Package Travel Agreement, if any decrease or increase of the expenses necessary for implementation of the travel due to any change of the content of such Package Travel Agreement on the basis of the preceding article (including any cancellation fee, penalty fee or any other expense already paid or to be paid in the future, in relation to the Travel Services not provided yet due to such change) arises (except in the case where the increase of such expenses is caused by any shortage of the seats, rooms or any other equipment of the transportation and/or accommodation facilities, etc., in spite of the provision of such Travel Services by such transportation and/or accommodation facilities, etc.), Company may change the amount of the Travel Charges to the extent of such decrease or increase, in changing the content of such Agreement.
- In the case of specifying in the Document for Agreement that the Travel Charges vary depending on the number of persons who use the transportation and/or accommodation facilities, etc., if such number is changed after the establishment of the Package Travel Agreement due to any reason not attributable to Company, Company may change the amount of such Travel Charges in accordance with the descriptions in such Document for Agreement.
- In the case of the Ticket-Sale Agreement, if the Travel Charges change due to any revision of the fares or fees of any transportation and/or accommodation facility, etc., fluctuation of any foreign exchange market or any other event 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.
Article 16. Replacement of Traveler
- Any Traveler who has executed the Package Travel Agreement with Company may assign or transfer his/her contractual status to any third party, after obtaining a consent of Company.
- If Traveler intends to request for the consent of Company set forth in the preceding paragraph, such Traveler shall submit to Company a form designated by Company where all required items are filled in, along with the prescribed service fee.
- The assignment or transfer of the contractual status in the Package Travel Agreement set forth in the paragraph 1 shall become effective at the time when Company has consented to such assignment or transfer. Thereafter, any third party who has received such status shall succeed to any and all rights and obligations of such Traveler in relation to such Package Travel Agreement.
Chapter 4. Termination of Travel Agreement
Article 17. Right of Termination of Traveler
- In the case of the Package Travel Agreement, Traveler may, at any time, terminate such Agreement by directly paying to Company a cancellation fee set forth in the Exhibit 1.
- In the case of the Ticket-Sale Agreement, Traveler may, at any time, terminate all or any part of such Agreement, by paying 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 also by directly paying to Company the cancellation fee designated by Company.
- In the case of the Package Travel Agreement or the Ticket-Sale Agreement by the Card Method, Company shall receive the payment for the cancellation fees, etc. set forth in the preceding two(2) paragraphs 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 of application for the termination of such Agreement, and Company shall directly refund to such Traveler the balance after deducting such cancellation fees, etc. from the Travel Charges already received by Company.
- In any of the following cases, Traveler may terminate the Package Travel Agreement, without paying the cancellation fee before the start of the travel, notwithstanding the paragraph 1.
- During the business hours of the Management Sales Office on the business day immediately following the date of establishment of such Agreement;
- If Company changes the content of the Package Travel Agreement, provided, however, that such change falls under any of the matters set forth in the left part of the Exhibit 2 or any other important matter;
- If the Travel Charges are increased on the basis of the paragraph 2 of the Article 15;
- In the event of 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 in any other event, if the safe and smooth implementation of the travel becomes or may significantly become impossible;
- If Company does not deliver to Traveler the Definite Document by the due date set forth in the paragraph 1 of the Article 10;
- If the implementation of the travel becomes impossible in accordance with the travel itinerary specified in the Document for Agreement, due to any reason attributable to Company;
- In the case of the Package Travel Agreement, if Traveler may not receive the provision of the Travel Services specified in the Document for Agreement due to any reason not attributable to such Traveler, or if Company notifies such Traveler of such unavailability of the Travel Services, such Traveler may terminate such Agreement in relation to such unavailable part of such Travel Services, without paying any cancellation fee, notwithstanding the paragraph 1.
- In the case of the preceding paragraph, Company shall refund to such Traveler the amount in relation to such unavailable part of the Travel Services. However, if the situation set forth in the preceding paragraph is not attributable to Company, Company shall refund to such Traveler the remaining amount after deducting the cancellation fees, penalty fees, or any other expenses already paid or to be paid in the future in relation to such Travel Services from the amount in relation to such unavailable part.
- In the case of the Ticket-Sale Agreement, if any arrangement of the Travel Services becomes impossible due to any reason attributable to Company, Traveler may terminate such Agreement.
- If the Ticket-Sale Agreement is terminated on the basis of the preceding paragraph, Company shall refund to Traveler the Travel Charges already received from such Traveler, after deducting the expenses already paid or to be paid in the future to the transportation and/or accommodation facilities, etc. in consideration of such Travel Services already received by such Traveler.
Article 18. Right of Termination of Company - Termination Before the Start of Travel
- In any of the following cases, Company may terminate the Package Travel Agreement before the start of the travel, by explaining its reason to Traveler.
- If Traveler does not meet the gender, age, qualification, skill or any other conditions as a participant of the travel clearly specified by Company in advance;
- If Company considers that Traveler may not endure the travel, due to absence of his/her necessary helper or any other reason;
- If Traveler may cause any trouble to other Travelers or may preclude the smooth implementation of the group travel;
- If Traveler requests Company to bear any burden beyond reasonable scope in relation to the content of the Travel Agreement;
- If the number of Travelers has not reached the minimum number of participants specified in the Document for Agreement;
- Out of the conditions for implementation of the travel for the purpose of skiing, such as necessary amount of snowfall, if any matter clearly specified at the time of the execution of the Package Travel Agreement is unlikely to be achieved;
- In the event of 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 in any other event where Company may not be involved, if the safe and smooth implementation of the travel in accordance with the travel itinerary specified in the Document for Agreement becomes or may significantly become impossible;
- If Traveler who uses the Card Method may not settle all or any part of his/her obligations in relation to the Travel Charges by the credit card held by such Traveler, due to invalidity of such credit card, etc.
- If Company intends to terminate the Package Travel Agreement due to the reason set forth in the item 4) of the preceding paragraph, Company shall notify Traveler of the cancellation of the travel, before the day falling on the thirteenth (13th) day for the Domestic Travel (third (3rd) day for one-day trip) or the twenty-third (23rd) day for the Overseas Travel (thirty-third (33rd) day for the Overseas Travel starting during any peak season specified in the Exhibit 1), all of which are counted backward from the day immediately preceding the starting date of such travel.
- If Traveler does not pay the Travel Charges by the due date specified in the Document for Agreement set forth in the paragraph 2 of the Article 11, such Traveler shall be deemed to have terminated the Package Travel Agreement on the day immediately following such due date. In such case, such Traveler shall directly pay to Company the amount equivalent to the cancellation fee set forth in the paragraph 1 of the preceding article, as a penalty fee.
- If Traveler does not pay the Travel Charges by the due date designated by Company, Company may terminate the Ticket-Sale Agreement.
- In the case of the termination of the Ticket-Sale 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 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 directly pay to Company the cancellation fee designated by Company.
Article 19. Right of Termination of Company - Termination After the Start of Travel
- In any of the following cases, Company may terminate any part of the Package Travel Agreement even after the start of the travel, by explaining its reason to Traveler.
- If Traveler may not endure the continuation of the travel, due to his/her disease, absence of his/her necessary helper or any other reason;
- If Traveler disrupts the disciplines of group activities or precludes the safe and smooth implementation of the travel, by breaching any instruction given by a tour conductor or any other person, or through any violence or threat, etc. against such conductor, such person or any other Travelers;
- In the event of 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 in any other event where Company may not be involved, if the continuation of the travel becomes impossible;
- If Company terminates the Package Travel Agreement on the basis of the preceding paragraph, the contractual relationship between Company and Traveler shall disappear only to the future. In such case, any and all obligations of Company in relation to the Travel Services already received by such Traveler shall be deemed to have been effectively performed.
- In the case of the preceding paragraph, Company shall refund to such Traveler the remaining amount after deducting the cancellation fees, penalty fees and/or any other expenses already paid or to be paid in the future in relation to the Travel Services from the amount in relation to the part of such Travels Services not received yet by such Traveler.
Article 20. Refund of Travel Charges
- In the case of the Package Travel Agreement by the Card Method, and in the case of any decrease of the Travel Charges on the basis of the paragraphs 3 through the paragraph 5 of the Article 15 or in the case of any termination of such Package Travel Agreement on the basis of the preceding three (3) articles, if there is any amount to be refunded to Traveler, Company shall directly refund such amount to such Traveler, within seven (7) days from the day immediately following the date of such termination for the refund due to the termination before the start of the travel, or within thirty (30) days from the day immediately following the ending date of the travel specified in the Document for Agreement for the refund due to such decrease or such termination after the start of the travel, by considering such date of refund as the Card Usage Date.
- In the case of the Package Travel Agreement by the Cash Collection Method, and in the case of any decrease of the Travel Charges on the basis of the paragraphs 3 through the paragraph 5 of the Article 15 or in the case of any termination of such Package Travel Agreement on the basis of the preceding three (3) articles, if there is any amount to be refunded to Traveler, Company shall directly refund such amount to such Traveler, within seven (7) days from the day immediately following the date of such termination for the refund due to the termination before the start of the travel, or within thirty (30) days from the day immediately following the ending date of the travel specified in the Document for Agreement for the refund due to such decrease or such termination after the start of the travel.
- The preceding two (2) paragraphs shall not preclude Traveler or Company from exercising its right of claim for any damage compensation on the basis of the Article 25 or the Article 28.
Article 21. Arrangement of Return Trip After Termination of the Package Travel Agreement
- If Company terminates the Package Travel Agreement after the start of the travel on the basis of the item 1) or the item 3) of the paragraph 1 of the Article 19, Company shall undertake any arrangement of the Travel Services necessary for return to the departure place of such travel, at the request of Traveler.
- In the case of the preceding paragraph, any and all expenses necessary for such return to the departure place shall be borne by such Traveler.
Chapter 5. Group Agreement
Article 22. Group Agreement
- The provisions set forth in this chapter shall be applied to any execution of the Package Travel Agreement or the Ticket-Sale Agreement which a responsible representative person (hereinafter called the "Person Responsible for Agreement") appointed by several Travelers who travel in the same itinerary applies for.
Article 23. Person Responsible for Agreement
- Except in the case of execution 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 Package Travel Agreement or the Ticket-Sale 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 for such group, by communicating with such Person.
- The Person Responsible for Agreement shall submit a list of the Members to Company by the due date designated by Company.
- Company shall not be liable 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.
Chapter 6. Management of Travel Itinerary
Article 24. Management of Travel Itinerary
- Company shall make its best efforts to ensure the safe and smooth implementation of the travel for Traveler and perform the following services to such Traveler, unless Company executes any special covenant different from such Agreement with such Traveler.
- If Company considers that Traveler is unlikely to be able to receive the Travel Services during the travel, Company shall take necessary measures to ensure that such Traveler may surely receive the provision of the Travel Services in accordance with the Package Travel Agreement.
- In spite of taking the measures set forth in the preceding paragraph, if Company inevitably changes the content of the Package Travel Agreement, Company shall arrange any substitute services. In such case, Company shall make its best efforts to minimize the change of the content of such Package Travel Agreement, by striving to ensure that the travel itinerary after such change meets the purpose of the original itinerary before such change, in the case of change of the itinerary, or to ensure that the content of the Travel Services after such change is similar to the content of the original Travel Services before such change, in the case of change of the content of the Travel Services, and so on.
Article 25. Instructions by Company
- In the case of the Package Travel Agreement, if Traveler acts as a group with other participants during a period of time from the start to the end of the travel, such Traveler shall comply with any instruction or direction given by Company for the safe and smooth implementation of such travel.
Article 26 Services by Tour Conductor
- In performing the Package Travel Agreement, Company may, as the case may be, have a tour conductor or any other person accompany Traveler and have such conductor or person provide all or any part of the services set forth in any item of the Article 24 or any other services incidental to such Package Travel which Company considers necessary.
- The available time when the conductor or person set forth in the preceding paragraph is engaged in the provision of the services set forth in the preceding paragraph shall, in principle, be from 8:00 to 20:00.
Article 27. Protection Measures
- If Company considers that Traveler needs to be protected due to his/her disease or injury, etc. during the travel, Company may take necessary measures. In such case, if such disease or injury, etc. is not attributable to Company, any and all expenses required for such measures shall be borne by such Traveler and such Traveler shall pay such expenses to Company by the due date designated by Company in the method designated by Company.
Chapter 7. Liability
Article 28. Liability of Company
- If Company or any agent or person entrusted by Company to make the arrangements (hereinafter called the "Agent for Arrangement") in performing the Package Travel Agreement or the Ticket-Sale 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 paragraph 1 in relation to any baggage of Traveler, Company shall compensate such Traveler, notwithstanding such paragraph, 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 29. Special compensation
- In performing the Package Travel Agreement, Company shall pay to Traveler the amount designated in advance by Company as compensation and sympathy money in accordance with the "Regulations on Special Compensation" as an Exhibit, against specific damages incurred by such Traveler in relation to his/her life, body or baggage during the participation in the Package Travel, whether Company is liable for such damages on the basis of the paragraph 1 of the preceding article or not.
- If Company is liable for any damage set forth in the preceding paragraph on the basis of the paragraph 1 of the preceding article, Company shall, to the extent of the amount of compensation for damage to be paid by Company on the basis of such liability, consider the compensation set forth in the preceding paragraph to be paid by Company as such compensation for damage.
- In the case of the preceding paragraph, the obligation of Company to pay compensation on the basis of the paragraph 1 shall be reduced, by deducting the amount equivalent to the compensation for damage to be paid by Company on the basis of the paragraph 1 of the preceding article (including the compensation to be considered as compensation for damage on the basis of the preceding paragraph).
- Any other Package Travel which Company implements by receiving separate Travel Charges from Traveler who is participating in the principal Package Travel shall be treated as a part of the content of the Package Travel Agreement in relation to such principal Package Travel.
Article 30. Guarantee of Travel Itinerary
- In performing the Package Travel Agreement, if any of the important changes set forth in the left part of the Exhibit 2 (except for any of the following changes other than the changes set forth in the parentheses of the paragraph 4 of the Article 15) arises, Company shall pay to Traveler compensation for change which is equivalent to or more than the amount calculated by multiplying the Travel Chagres by the applicable rate set forth in the right part of such Exhibit 2, within thirty (30) days from the day immediately following the ending date of the travel, unless Company is obviously liable for such change on the basis of the paragraph 1 of the Article 28.
- Change due to any of the following events;
- Act of God or natural disaster;
- War or civil commotion;
- Riot;
- Order by any public agency;
- Stoppage or suspension of provision of the Travel Services by any transportation or accommodation facilities, etc.;
- Provision of any transportation services not based on the original operation plan;
- Necessary measures to ensure the life or body of participants in the travel.
- Change in relation to the terminated part of the Package Travel Agreement in the case of such termination on the basis of the Article 17 through the Article 19;
- Change due to any of the following events;
- The compensation for change to be paid by Company shall be limited to the amount calculated by multiplying the Travel Charges by the rate designated by Company which is fifteen percent (15%) or more per Traveler and per Package Travel. If such compensation is less than 1,000 JPY (One Thousand Japanese Yen) per Traveler and per Package Travel, Company shall not pay such compensation to Traveler.
- If Company is found to be obviously liable for the change on the basis of the paragraph 1 of the Article 28 after Company has paid to Traveler the compensation for change on the basis of the paragraph 1, such Traveler shall refund such compensation to Company. In such case, Company shall pay to such Traveler the balance after offsetting the compensation for damage to be paid by Company on the basis of such paragraph against the amount of the compensation for change to be refunded by such Traveler.
Article 31. 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 Package Travel 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 8. Compensation Bond
Article 32. 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 Package Travel 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.
Exhibit 1 - Cancellation Fees (relating to the paragraph 1 of the Article 17)
1. Cancellation Fees in relation to Domestic Travels
Classification | Cancellation Fees |
---|---|
(a) Termination of the Agreement on and after the day falling on the 20th day (10th day in the case of one-day trip) counted backward from the day immediately preceding the starting date of the travel (except for the following cases from (b) through (e)) |
Not more than 20% of the Travel Charges |
(b) Termination of the Agreement on and after the day falling on the 7th day counted backward from the day immediately preceding the starting date of the travel (except for the following cases from (c) through (e)) |
Not more than 30% of the Travel Charges |
(c) Termination of the Agreement on the day immediately preceding the starting date of the travel |
Not more than 40% of the Travel Charges |
(d) Termination of the Agreement on the starting date of the travel (except for the following case of (e)) |
Not more than 50% of the Travel Charges |
(e) Termination of the Agreement after the start of the travel, or if Traveler does not participate in the travel without giving a notice to Company |
Not more than 100% of the Travel Charges |
Subject to the cancellation fees set forth in the regulations in relation to such vessels |
- Note:
- The amount of the cancellation fees shall be specified in the Document for Agreement.
2. Cancellation Fees in relation to Overseas Travels
Classification | Cancellation Fees |
---|---|
(a) Termination of the Agreement on and after the day falling on the 40th day counted backward from the day immediately preceding the starting date of the travel which starts during any peak season (except for the following cases from (b) through (d)) |
Not more than 10% of the Travel Charges |
(b) Termination of the Agreement on and after the day falling on the 30th day counted backward from the day immediately preceding the starting date of the travel (except for the following cases from (c) and (d)) |
Not more than 20% of the Travel Charges |
(c) Termination of the Agreement on and after the day falling on the 2nd day counted backward from the day immediately preceding the starting date of the travel (except for the following case of (d)) |
Not more than 50% of the Travel Charges |
(d) Termination of the Agreement after the start of the travel, or if Traveler does not participate in the travel without giving a notice to Company |
Not more than 100% of the Travel Charges |
Classification | Cancellation Fees |
---|---|
(a) Termination of the Agreement on and after the day falling on the 90th day counted backward from the day immediately preceding the starting date of the travel (except for the following cases from (b) through (d)) |
Not more than 20% of the Travel Charges |
(b) Termination of the Agreement on and after the day falling on the 30th day counted backward from the day immediately preceding the starting date of the travel (except for the following cases from (c) and (d)) |
Not more than 50% of the Travel Charges |
(c) Termination of the Agreement on and after the day falling on the 20th day counted backward from the day immediately preceding the starting date of the travel (except for the following case of (d)) |
Not more than 80% of the Travel Charges |
(d) Termination of the Agreement on and after the day falling on the 3rd day counted backward from the day immediately preceding the starting date of the travel (except for the following case of (d)), or if Traveler does not participate in the travel without giving a notice to Company |
Not more than 100% of the Travel Charges |
Subject to the cancellation fees set forth in the regulations in relation to such vessels |
- Note:
- The amount of the cancellation fees shall be specified in the Document for Agreement.
- Note:
- "Peak season" means any of the following periods:
- From December 20 to January 7
- From April 27 to May 6
- From July 20 to August 31
Exhibit 2 - Compensation for Change (relating to the paragraph 1 of the Article 30)
Changes requiring payment of compensation for change | Rate per case | |
---|---|---|
Before the start of the travel | After the start of the travel | |
1) Change of the starting date or the ending date of the travel specified in the Document for Agreement |
1.5% |
3.0% |
2) Change of any sightseeing spot or sightseeing facility for entry (including any restaurant) or any other travel destination specified in the Document for Agreement |
1.0% |
2.0% |
3) Change of the class or the equipment of transportation facilities to the class or equipment with lower charges than the original one specified in the Document for Agreement (only if the total amount of such charges after such change falls below the total amount of the charges of the class or equipment specified in the Document for Agreement) |
1.0% |
2.0% |
4) Change of type or company name of any transportation facility specified in the Document for Agreement |
1.0% |
2.0% |
5) Change of any flight specified in the Document for Agreement to a different fight in the airport as a starting place of the travel or in the airport as an ending place of the travel in Japan |
1.0% |
2.0% |
6) Change of any direct flight between Japan and any other country specified in the Document for Agreement to any connecting flight or any indirect flight |
1.0% |
2.0% |
7) Change of type or name of any accommodation facility specified in the Document for Agreement |
1.0% |
2.0% |
8) Change of type of guest room, equipment, scenery or any other conditions of guest room of any accommodation facility specified in the Document for Agreement |
1.0% |
2.0% |
9) Change of the matters described in the title of the tour specified in the Document for Agreement, out of the changes set forth in any of the preceding items. |
2.5% |
5.0% |
- Note 1.
- "Before the start of the travel" means the case where Company notifies Traveler of such change on and before the day immediately preceding the starting date of the travel, and "After the start of the travel" means the case where Company notifies Traveler of such change on and after the starting date of the travel.
- Note 2.
- In the case of the delivery of the Definite Document, this Exhibit shall be applied after reading the "Document for Agreement" as the "Definite Document". In such case, if any change arises between the descriptions in the Document for Agreement and the descriptions in the Definite Document, or between the descriptions in the Definite Document and the content of the Travel Services actually provided, each change shall be treated as "one case".
- Note 3.
- If any transportation facility in relation to any change set forth in the item 3) or the item 4) is accompanied by the use of any accommodation facility, each overnight stay shall be treated as "one case".
- Note 4.
- The change of the company name of the transportation facility set forth in the item 4) shall not be applied, in the case of the change to higher class or better equipment.
- Note 5.
- Even if any change set forth in the item 4) or the item 7) or the item 8) arises in multiple cases during one ride on any transportation vehicle or one overnight stay, each ride or each overnight stay shall be treated as "one case".
- Note 6.
- With respect to the change set forth in the item 9), the rates for the item 1) through the item 8) shall not be applied, and the rate for the item 9) shall be applied.
Trip planning / Implementing
SHINNIHON-TOURIST Co., Ltd.
Registered Travel Agent Licence by the Kagawa Governor No.2-149
Member of All Nippon Travel Agents Association(ANTA)
Voice Building 1F, 5-4-18 Asahi-cho, Takamatsu-shi, Kagawa-ken, 760-0065
Phone No. 087-823-5678
Fax No. 087-823-6500