Part of Custom-made Travel Agreement
Chapter 1. General Provisions
Article 1. Scope of Application
- The Custom-made Travel Agreement (hereinafter called the "Custom 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 "Custom Travel" means a travel for which Company prepares, upon request of Traveler, a travel plan specifying the travel destinations, travel itinerary, details of the transportation and/or accommodation services available for Traveler and travel charges to be paid by such Traveler to Company (hereinafter called the "Travel Charges") and which Company implements on the basis of such plan.
- 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 this Part, "Communication Agreement" means the Custom Travel Agreement executed by and between Company and a card member of any credit card company (hereinafter called the "Partner Company") partnering with Company or with any other company which sells any Custom Travel of Company on behalf of 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 in relation to the Travel Charges on the basis of the Custom Travel 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 such Traveler shall pay such Travel Charges in the methods set forth in the paragraph 2 of the Article 12, the latter part of the paragraph 1 of the Article 16 or the paragraph 2 of the Article 19.
- In this Part, "Electronic Acceptance Notice" means an acceptance notice given by Company to the application by Traveler for the Custom Travel Agreement and sent through telecommunication lines connected between any computer, facsimile machine, telex or telephone (hereinafter collectively called the "Computer, etc.") used by Company or by any other company which sells any Custom Travel of Company on behalf of 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 Custom Travel Agreement.
Article 3. Content of Custom Travel Agreement
- In the Custom 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 a travel itinerary designated by Company and shall manage such itinerary.
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 Custom Travel Agreement, as the case may be.
Chapter 2. Execution of Custom Travel Agreement
Article 5. Delivery of Document for Plan
- At the request of Traveler who intends to apply for the Custom Travel Agreement to Company, Company shall deliver to such Traveler a document prepared by Company in accordance with such request where the travel itinerary, the details of the Travel Services, the Travel Charges and any other conditions in relation to the travel are specified (hereinafter called the "Planning Document"), unless Company has any of its operational or business reasons.
- Company may clearly specify the amount of the handling fee in relation to the plan (hereinafter called the "Planning Fee" as part of the Travel Charges in the Planning Document set forth in the preceding paragraph.
Article 6. Application for Custom Travel Agreement
- With respect to the details of the plan specified in the Planning Document set forth in the paragraph 1 of the preceding article, any Traveler who intends to apply for the Custom Travel Agreement with Company shall submit to Company an application form designated by Company where all required items are filled in, along with an application fee separately designated by Company (hereinafter called the "Application Fee").
- With respect to the details of the plan specified in the Planning Document set forth in the paragraph 1 of the preceding article, any Traveler who intends to apply for the Communication Agreement with Company shall notify Company of his/her membership number and any other matters, notwithstanding the preceding paragraph.
- The Application Fee set forth in the paragraph 1 shall be treated as part of the Travel Charges (including the Planning Fee specified as part of such 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 Custom Travel shall request Company to give such consideration in applying for the Custom 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 7. Refusal of Execution of Custom Travel Agreement
In any of the following cases, Company may not accept the request by Traveler for the execution of the Custom Travel Agreement, as the case may be.
- If Traveler may cause any trouble to other Travelers or may preclude the smooth implementation of the group activities;
- In the case where Traveler intends to execute the Communication Agreement with Company, if 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.;
- If Company considers that Traveler is a member or quasi-member of any organized crime group, or a person or corporation related to such group, corporate extortionist, or any other antisocial forces;
- If Traveler has made any violent or unreasonable demand, or used any threatening words or violent behaviors in relation to the transaction or conducted any other similar act against Company;
- If Traveler has spread any rumor or false information, or damaged to the credit or trust of Company, or interfered with the business or operations of Company by using any fraudulent means or force, or conducted any other similar act.
- If Company has any of its operational or business reasons;
Article 8. Time of Establishment of Custom Travel Agreement
- The Custom Travel 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 6.
- 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 execution of such Agreement. However, in the case of sending the Electronic Acceptance Notice in such Agreement, such Agreement shall become effective at the time when such Notice has reached such Traveler.
Article 9. Delivery of Document for Custom Travel Agreement
- Company shall promptly deliver to Traveler, after the establishment of the Custom Travel Agreement with such Traveler, a document where 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 are specified (hereinafter called the "Document for Agreement").
- If Company clearly specifies the amount of the Planning Fee in the Planning Document set forth in the paragraph 1 of the Article 5, Company shall clearly specify such amount in 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 Custom Travel Agreement shall be subject to the descriptions specified in the Document for Agreement set forth in the preceding paragraph.
Article 10. Definite Document
- If the definite travel itinerary or the names of the transportation and/or accommodation facilities may not be specified in the Document for Agreement set forth in the paragraph 1 of the preceding paragraph, Company shall deliver to Traveler, after the delivery of such Document for Agreement, a document where the definite situations of such itinerary or 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 Custom 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"), by enumerating, to a limited extent, the names of the expected accommodation facilities for use and/or 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 itinerary shall be limited to the descriptions specified in such Definite Document.
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, the Planning Document, the Document for Agreement or the Definite Document (hereinafter 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 to such Traveler, in intending to execute the Custom Travel 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.
Article 12. Travel Charges
- 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.
- In the case of the execution of the Communication Agreement, Company shall receive the payment for the Travel Charges specified in the Document for Agreement 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 the Custom Travel Agreement.
Chapter 3. Alteration of Custom Travel Agreement
Article 13. Change of Content of Custom Travel Agreement
- Traveler may request Company to change or alter the travel itinerary, the details of the Travel Services or any other content of the Custom Travel Agreement (hereinafter called the "Content of Agreement"). In such case, Company shall make its best efforts to meet such request as much as possible.
- 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 provision of any transportation services not based on the operation plan of Company, or in any other event where Company may not be involved, if Company considers that any change is inevitable for safe and smooth implementation of the travel, Company may change the travel itinerary, the details of the Travel Services or any other content of the Custom Travel Agreement (hereinafter collectively called the "Content of 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. However, in any emergent and inevitable case, Company shall explain them to such Traveler after such change.
Article 14. Change of Amount of Travel Charges
- If any applicable fares or fees of the transportation facilities to be used in implementing the Custom 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 the Planning Document for such Custom Travel, Company may increase or decrease 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.
- If any decrease or increase of the expenses necessary for implementation of the travel due to any change of the content of such Custom 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 Custom 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.
Article 15. Replacement of Traveler
- Any Traveler who has executed the Custom Travel Agreement with Company may assign or transfer his/her contractual status to any third party, after obtaining prior written 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 Custom 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 Custom Travel Agreement.
Chapter 4. Termination of Custom Travel Agreement
Article 16. Right of Termination of Traveler
- Traveler may, at any time, terminate the Custom Travel Agreement by paying to Company a cancellation fee set forth in the Exhibit 1. In the case of the termination of the Communication Agreement, Company shall receive the payment for the cancellation fee by the card of the Partner Company, without the signature of the Traveler on the prescribed slip.
- In any of the following cases, Traveler may terminate the Custom Travel Agreement, without paying the cancellation fee before the start of the travel, notwithstanding the preceding paragraph.
- If Company changes the content of the Custom Travel Agreement, provided, however, that such change falls under any of the matters set forth in the upper part of the Exhibit 2 or any other important matter;
- If the Travel Changes are increased on the basis of the paragraph 1 of the Article 14;
- 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;
- 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.
Article 17. Right of Termination of Company - Termination Before the Start of Travel
- In any of the following cases, Company may terminate the Custom Travel Agreement before the start of the travel, by explaining its reason to Traveler.
- 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 the burden beyond reasonable scope in relation to the content of the Custom Travel 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 Custom 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;
- 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 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.
- If Traveler is found to fall under any of the item 3) through the item 5) of the Article 7.
- If Traveler does not pay the Travel Charges by the due date specified in the Document for Agreement set forth in the paragraph 1 of the Article 12, such Traveler shall be deemed to have terminated the Custom Travel Agreement on the day immediately following such due date. In such case, such Traveler shall pay to Company the amount equivalent to the cancellation fee set forth in the paragraph 1 of the preceding article, as a penalty fee.
Article 18. Right of Termination of Company - Termination After the Start of Travel
- In any of the following cases, Company may terminate any part of the Custom 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;
- If Traveler is found to fall under any of the item 3) through the item 5) of the Article 7.
- 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 Custom 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 Traveler Services already received by 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 19. Refund of Travel Charges
- In the case of any decrease of the Travel Charges on the basis of the paragraphs 3 through the paragraph 5 of the Article 14 or in the case of any termination of the Custom Travel Agreement on the basis of the preceding three (3) articles, if there is any amount to be refunded to Traveler, Company shall 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.
- In the case of the execution of the Communication Agreement, 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 14, or in the case of any termination of the Communication Agreement on the basis of the preceding three (3) articles, if there is any amount to be refunded to Traveler, Company shall refund such amount to such Traveler in accordance with the terms and conditions for card membership of the Partner Company. In such case, Company shall notify such Traveler of such amount to be refunded, within seven (7) days from the day immediately following the date of 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 the termination after the start of the travel. The date of such notice to such Traveler shall be the Card Usage Date,
- The preceding two (2) paragraphs shall not preclude Traveler or Company from exercising its right of claim for any compensation for damage on the basis of the Article 28 or the paragraph 1 of the Article 31.
Article 20. Arrangement of Return Trip After Termination of Custom Travel Agreement
- If Company terminates the Custom Travel Agreement after the start of the travel on the basis of the item 1) or the item 4) of paragraph 1 of the Article 18, 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 21. Group Agreement
- The provisions set forth in this chapter shall be applied to any execution of the Custom Travel 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 22. 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 Custom Travel 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 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 23. Special Provision for Establishment of Custom Travel Agreement
- In the case of the execution of the Custom Travel Agreement with the Person Responsible for Agreement, Company may accept such execution without receiving the Application Fee, notwithstanding the paragraph 1 of the Article 6.
- In the case of the execution of the Custom Travel Agreement with the Person Responsible for Agreement without receiving the Application Fee on the basis of the preceding paragraph, Company shall deliver to such Person a document specifying such execution without receiving such Fee, and such Custom Travel Agreement shall become effective at the time of such delivery by Company to such Traveler.
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 Custom Travel Agreement.
- In spite of taking the measures set forth in the preceding paragraph, if Company inevitably changes the content of the Custom 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 Custom 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 travel itinerary, or to ensure that the content of the Travel Services after such change is similar to the content of the original Travel Service before such change, in the case of change of the content of the Travel Services, and so on.
Article 25. Instructions by Company
- 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
- 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 Custom 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 Custom Travel 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
- 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 Custom 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 Custom Travel which Company implements by receiving separate Travel Charges from Traveler who is participating in the principal Custom Travel shall be treated as a part of the content of the Custom Travel Agreement in relation to such principal Custom Travel.
Article 30. Guarantee of Travel Itinerary
- If any of the important changes set forth in the upper part of the Exhibit 2 (except for any of the following changes (other than the changes arising from the shortage of the seats, rooms or any other equipment of any transportation and/or accommodation facilities, etc. in spite of the provision of such Travel Services by such facilities, etc.)) arises, Company shall pay to Traveler compensation for change which is equivalent to or more than the amount calculated by multiplying the Travel Charges by the applicable rate set forth in the lower 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 changed part of the Custom Travel Agreement in the case of such change on the basis of the paragraph 1 of the Article13, and in relation to the terminated part of the Custom Travel Agreement in the case of such termination on the basis of the Article 16 through the Article 18;
- 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 Custom Travel. If such compensation is less than 1,000 JPY (One Thousand Japanese Yen) per Traveler and per Custom 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 Custom 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 in the travel destinations.
Chapter 8. Compensation Bond (in the case of a guaranteed member of JATA)
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 Custom 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 16)
1. Cancellation Fees in relation to Domestic Travels
Classification | Cancellation Fees |
---|---|
(a) Termination in the case other than the cases from (b) through (f) (only if Company has clearly specified the amount of the Planning Fee in the Planning Document) |
Amount equivalent to the Planning Fee |
(b) 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 (c) through (f)) |
Not more than 20% of the Travel Charges |
(c) 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 (d) through (f)) |
Not more than 30% of the Travel Charges |
(d) Termination of the Agreement on the day immediately preceding the starting date of the travel (except for the following cases from (e) through (f)) |
Not more than 40% of the Travel Charges |
(e) Termination of the Agreement on the starting date of the travel (except for the following case of (f)) |
Not more than 50% of the Travel Charges |
(f) 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 |
---|---|
Subject to the cancellation fees set forth in the regulations in relation to such vessels. |
- Note 1:
- The amount of the cancellation fees shall be specified in the Document for Agreement.
- Note 2:
- "After the start of the travel" means after "the time when Traveler has started the receipt of provision of the services" set forth in the paragraph 3 of the Article 2 of the Regulations on Special Compensation as an Exhibit.
2. Cancellation Fees in relation to Overseas Travels
Classification | Cancellation Fees |
---|---|
(a) Termination in the case other than the cases from (b) through (d) (only if Company has clearly specified the amount of the Planning Fee in the Planning Document) |
Amount equivalent to the Planning Fee |
(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 in the case other than the cases from (b) through (e) (only if Company has clearly specified the amount of the Planning Fee in the Planning Document) |
Amount equivalent to the Planning Fee |
(b) 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 (c) through (e)) |
Not more than 20% of the Travel Charges |
(c) 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 (d) and (e)) |
Not more than 50% of the Travel Charges |
(d) 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 (e)) |
Not more than 80% of the Travel Charges |
(e) 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 |
Classification | Cancellation Fees |
---|---|
Subject to the cancellation fees set forth in the regulations in relation to such vessels |
- Note 1:
- The amount of the cancellation fees shall be specified in the Document for Agreement.
- Note 2:
- "After the start of the travel" means after "the time when Traveler has started the receipt of provision of the services" set forth in the paragraph 3 of the Article 2 of the Regulations on Special Compensation as an Exhibit.
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% |
- 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 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 respective 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 such 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".
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