Terms & Conditions

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

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

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

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

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

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

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

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

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

(1) Alterations due to the following causes:
(a) Acts of God/providence
(b) Acts/Maelstroms of war
(c) Civil commotion
(d) Exercises/Orders from government and other public agencies
(e) Suspension and/or closure of Tour Services such as transport and accommodation facilities
(f) The offer of transport services not originally included in the travel plan.
(g) Measures undertaken to ensure the safety of Tour Participants

(2) Alterations related to the cancelled portion of the Package Tour Contract based on provisions from Article 16 through Article 18. 29.02. The maximum amount of compensation payable by us for such alterations shall be the amount as calculated by multiplying the Tour Price per Traveler for one Package Tour by the percentage set by us in excess of 15%. However, in cases where the amount of compensation per Traveler falls below 1,000 yen, we shall not be obliged to pay compensation for the alteration.

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

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

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

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

31.01. The Traveler or Constituent Member ,who concludes the Package Tour Contract with us, is entitled to be reimbursed from Business Guarantee Bonds
deposited by us, under the provision of Article 7.01 of the Travel Agency Law in conjunction with claims as arising from said transaction.

31.02. The name and location of the Deposit Office where the Business Guarantee
Bonds have been deposited are as follows:
(1) Name:
(2) Location:

31.01. We hereby verify our status as a Security Member of the (Name) Association of Travel Agents (located at (Address) Tokyo) .

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

31.01, up to the maximum amount of yen.

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

1. Cancellation fees related to Inland Trips
Classification Cancellation Fee
(1) Package Tour Contract excluding the following cases
(a) In cases where the Contract is cancelled no earlier than 20 days (10
days in the case of a day trip) prior to the starting day of the Tour
(except in the following cases from (b) through (e) ).
(b) In cases where the Contract is cancelled no earlier than 7 days prior
to the starting day of the Tour (except in the following cases from (c)
through (e)).
(c) In cases where the Contract is cancelled on the day before the
starting day of the Tour.
(d) In cases where the Contract is cancelled on the starting day of the
Tour.
(e) In cases where the Contract is cancelled after the start of the Tour or
the Traveler does not participate in the Tour without notice (no show).
Up to 20% of the
Tour Price
Up to 30% of the
Tour Price
Up to 40% of the
Tour Price
Up to 50% of the
Tour Price
Up to 100% of the
Tour Price
(2) Package Tour Contract with the use of a Chartered Vessel
Based on the rules
of
the cancellation fee
for said Vessel
– 23 –
Recital: The amount of the cancellation fee shall be clearly specified in the Contract
Document.
2. Cancellation Fee related to Overseas Trips
Classification Cancellation Fee
1. Package Tour Contract with the use of an Aircraft when leaving Japan or returning to
Japan (excluding Tour Contracts specified in the next Paragraph)
(a) In cases where the starting day of the Tour falls within the *Peak
Season, and the Contract is cancelled no earlier than 40 days prior to
the starting day of the Tour (except in the following cases from (b)
through (d)).
(b) In cases where the Contract is cancelled no earlier than 30 days
prior to the starting day of the Tour (except in the following cases from
(c) through (d)).
(c) In cases where the Contract is cancelled no earlier than two days
prior to the starting day of the Tour (except in the case described in (d)
below).
(d) In cases where the Contract is cancelled after the start of the Tour or
the Traveler does not participate in the Tour without notice (no show).
Up to 10% of the
Tour Price
Up to 20% of the
Tour Price
Up to 50% of the
Tour Price
Up to 100% of the
Tour Price
2. Package Tour Contract with the use of a Chartered Aircraft
– 24 –
(a) In cases where the Contract is cancelled no earlier than 90 days
prior to the starting day of the Tour (except in the following cases from
(b) through (d)).
(b) In cases where the Contract is cancelled no earlier than 30 days
prior to the starting day of the Tour (except in the following cases from
(c) through (d)).
(c) In cases where the Contract is cancelled no earlier than 20 days prior
to the starting day of the Tour (except in the following case described in
(d) below).
(d) In cases where the Contract is cancelled no earlier than 3 days prior
to the starting day of the Tour or the Traveler does not participate in the
Tour without notice (no show).
Up to 20% of the
Tour Price
Up to 50% of the
Tour Price
Up to 80% of the
Tour Price
Up to 100% of the
Tour Price
3. Package Tour Contract with the use of a Vessel when leaving
Japan or returning to Japan
Based on the rules
of
the cancellation fee
for said
Vessel
*Note: The “Peak Season” shall mean the respective periods from December 20th through
January 7th, from April 27th through May 6th, and from July 20th through August 31st of
each year .
Recital: The amount of the cancellation fee shall be clearly specified in the Contract
Document.
Schedule II – Monetary Compensation for Alterations (related to Article
29.01)
Percentage Alterations Requiring Payable Compensation per Case (%)
Prior to the
start of the
Tour
After the start of
the Tour
(1) Alterations of the starting or final days of the Tour
described in the Contract Document
1.5
3.0
– 25 –
(2) Alterations of sightseeing locations or facilities
(including restaurants) and other destinations of the
Tour
(3) Alterations to the class or facilities of Transport
Facilities to those of lower rates than those described in
the Contract Document (but limited only to cases where
the total charged amount for altering the said class and
facilities falls below the total amount for that as
specified in the Contract Document)
(4) Alterations in the class of the transport facilities or
in the names of companies as specified in the Contract
Document
(5) Alterations to different flights at the departure
airport and/or destination airport in Japan from those as
specified in the Contract Document.
(6) Alterations/additions of connecting or indirect
flights as needed to supplement/replace direct flights
scheduled to fly from Japan to outside of Japan
according to the Contract Document
(7) Alterations to the type or name of accommodation
facilities as specified in the Contract Document
(8) Alterations to the conditions of guest rooms as
specified in the Contract Document, such as the type of
guest rooms, facilities, scenery, etc.
(9) Alterations in the items as specified in the tour title
of the Contract Document, among the alterations
specified in each item listed from 1 through 8 above.
1.0
1.0
1.0
1.0
1.0
1.0
1.0
2.5
2.0
2.0
2.0
2.0
2.0
2.0
2.0
5.0
– 26 –
Note 1. “Prior to the Start of the Tour” shall refer to cases where the Traveler has been
notified of the relevant alteration, no later than the day prior to the starting day of the Tour,
and
“After the Start of the Tour” shall refer to cases where the Traveler has been notified of the
relevant alteration on or after the starting day of the Tour.
Note 2. When the Determinate Document has been delivered, this Schedule shall be applied
after
the “Contract Document” is read as the “Determinate Document” instead. In such a case, if
any alterations take place between the described contents of the Contract Document and the
described contents of the Determinate Document, or between the described content of the
Determinate Document and the contents of the service actually offered, respective alterations
shall be treated as
a single case.
Note 3. In cases where transport facilities related to the alterations described in (3) or (4)
above involve the use of accommodation facilities, each overnight stay shall be treated as a
single case.
Note 4. Alterations in the names of the companies operating transport facilities under (4)
Above, will not be applicable in cases where such alterations involve changes to a higher class
or more sophisticated facilities.
Note 5. Even if the alterations described in (4) or (7) or (8) above take place in multiple cases
during
one trip on a transport vehicle, or one overnight stay, each trip or overnight stay shall be
treated as a single case respectively.
Note 6. With reference to the alterations described in (9) above, the percentages from (1)
through (8) shall not be applied, but rather that of the percentage as listed under (9).
– 27 –
– Order-Taking Type Customized Tour Contract Section
–
Chapter 1 – General Provisions
Article 1 – Scope of Application
01.01. The Contract of our Company (hereinafter to be referred to as “We,” “Us,” or
“Our” as the case may be) concerning the Order-Taking Type Customized Tour
(hereinafter referred to as “Customized Tour”) to be concluded with the Traveler shall be
based on this Contract under the following terms and conditions. In case there is any
matter not stipulated in this Contract, ordinance or generally established practice shall
be applied.
01.02. In the case that we conclude a Special Contract with the Traveler in writing
without violating the relevant law or harming the interest of the Traveler, such a
Special Contract shall be given priority, notwithstanding the provision of the preceding
Paragraph 01.01.
Article 2 – Definition of Terminology
02.01. In this Contract, ” Customized Tour” shall mean such Tours as those for which we
prepare at the request of the Traveler travel plans including the destination and
itinerary, type of transport and contents of accommodation service to be offered to the
Traveler as well as the Tour Price payable to us by the Traveler and which shall be
implemented as planned.
02.02. In this Contract, “Inland Trip” shall mean trips planned for travel within Japan
only, and “Overseas Trip” shall mean those trips other than inland trips.
02.03. In this Section, “Communication Contract” shall mean the Customized Tour
Contract, which is concluded with the card member of the credit card company affiliated
with us (hereinafter referred to as the “Affiliated Company”) by subscription through
telephone, mail, facsimile, or other means of communication, subject to prior consent of
– 28 –
the Traveler regarding the settlement of the obligation or liability held by us, such as
the Tour Price, etc., under the Customized Tour Contract, on or after the due date of
such obligation or liability according to the separately provided card membership rules
of the Affiliated Company and also subject to payment of the Tour Price, etc. payable
under the said Customized Tour Contract by the methods specified in 12.02, the latter
Paragraph of 16.01, and 19.02 hereunder.
02.04. In this Section, “Electronically Consented Notice” shall mean a notice issued in
acceptance of the subscription for the Contract, and is conducted by means of
transmission, among the methods utilizing information-communication technologies,
via telecommunication lines connecting the computer, facsimile, telex or telephone
(hereinafter referred to as the “Computer, etc.”), used by us connected to the Computer,
etc. used by the Traveler.
02.05. In this Contract, “Date Card Used” shall mean the date when the Traveler or our
Company is obligated to pay the Tour Price, etc. or execute refundable liability under
the Customized Tour Contract.
Article 3 – Contents of Tour Contract
03.01. We undertake to make arrangements and administer the itinerary under the
Customized Tour Contract so that the Traveler may be provided with transport,
transport and accommodation which are offered by accommodation facilities, and other
services concerning the Tour (hereinafter referred to as the “Tour Service”), according to
the itinerary set by us.
Article 4 – Business Agent
04.01. There are cases where we may engage other travel agents, professional arrangers
or other helpers inside or outside Japan to make arrangements in whole or in part on
our behalf for the execution of the Customized Tour Contract.
Chapter 2 – Conclusion of the Tour Contract
Article 5 – Delivery of the Customized Plan Document
– 29 –
05.01. Upon receipt of a request from the Traveler about to subscribe to us for the
Customized Tour Contract, we will deliver to the Traveler, unless prevented due to
business-related reasons, the document describing the contents of our Customized
Travel Plan prepared at the request of the Traveler, such as the itinerary, contents of
tour service, Tour Price, and other conditions concerning the travel to be undertaken.
05.02. There are cases where we will specify in the Customized Document of the
preceding Paragraph the amount of our handling charge for the Customized Travel Plan
(hereinafter to be referred to as the “Planning Charge”) as a breakdown of the Tour
Price.
Article 6 – Subscription for the Tour Contract
06.01. The Traveler who wishes to subscribe for our Customized Tour Contract
concerning the contents of the Travel Plan described in the Plan Document of the
preceding Article 05.01, will be required to fill in the necessary information on the
Application Form designated by us (hereinafter referred to as the “Application Form”)
and submit it to us together with the Application Fee in the amount separately specified
by us.
06.02. Notwithstanding the provision of the preceding Paragraph 06.01, the Traveler,
who wishes to subscribe for our Communication Contract concerning the contents of the
Travel Plan described in the Plan Document of the preceding Article 05.01, will be
required to notify us of his/her membership number and other information.
06.03. The Application Fee specified in 06.01 above, shall be treated as part of the Tour
Price (including the Planning Charge specified as a breakdown of the said Tour Price),
or the Cancellation Charge or the Penalty.
06.04. In the case that the Traveler participating in the Customized Tour requires
special attention, the said Traveler will be asked to mention such a request to us at the
time of application for the Tour Contract. In this case we shall try to accommodate such
a request as far as possible.
06.05. Any expenses incurred as a result of special arrangements made at the request of
the Traveler under the preceding Paragraph 06.04 shall be borne by the said Traveler.
– 30 –
Article 7 – Rejection of the Conclusion of the Contract
07.01. There following are cases where we may decline to conclude the Customized Tour
Contract:
(1) In the case that the Traveler subscribing for the Tour is likely to cause trouble to
other Travelers or hinder smooth implementation of the Tour for the group.
(2) In the case that there is any inconvenience on our side which is related to our
business.
(3) When the Communication Contract is about to be concluded, if the Traveler is unable
to settle in part or in whole the liability related to his/her Tour Price, etc. as stipulated
in the card membership rules of the Affiliated Company, due to such causes as the credit
card held by the Traveler is found invalid.
Article 8 – Conclusion of the Tour Contract
08.01. The Customized Tour Contract shall be considered concluded when we have
accepted the conclusion of the Contract and have received the Application Fee specified
in 06.01.
08.02. Notwithstanding the provision of the preceding Paragraph 08.01, the
Communication Contract shall be considered concluded when we send out a notice to
the effect that we accept the conclusion of the Contract, except when an electronic notice
of acceptance is sent out for the said Contract, in which case the Contract shall be
considered concluded when the said electronic notice has reached the Traveler.
Article 9 – Delivery of Contract Document
09.01. We will deliver to the Traveler a document (hereinafter referred to as the
“Contract Document”) with details regarding the itinerary, contents of the Tour Service,
Tour Price, and other conditions of the Tour as well as matters concerning our
responsibility for the Tour, promptly after the Tour Contract has been concluded as
defined in the preceding Article 8.
– 31 –
09.02. In cases where we have specified the amount of the Planning Charge in the Plan
Document prepared as per 05.01, we shall also specify the said amount in the Contract
Document of the preceding Clause 09.01.
09.03. The scope of the Tour Service involving our responsibility to make arrangements
and administer the itinerary under the Customized Tour Contract shall be based on the
description of the Contract Document of the preceding Paragraph 09.01.
Article 10 – Determinate Document
10.01. In the case that it is not possible to state the determinate itinerary or the names
of transport or accommodation facilities in the Contract Document specified in the
preceding Article 09.01., we shall list on a limited basis in the Contract Document the
names of facilities scheduled for accommodation and the names of transport facilities
important in the Travel Plan, and we shall deliver a document with descriptions of
determinate conditions (hereinafter referred to as the “Determinate Document”), after
we have delivered the said Contract Document on or before the date specified in the said
Contract Document but no later than the day immediately preceding the starting date
of the Tour (or the starting date of the Tour in cases where subscription for the
Customized Tour Contract is made on and after the 7th day counted backward from the
day immediately preceding the starting date).
10.02. In the case of the preceding Paragraph 10.01., when an inquiry is received from
the Traveler who wishes to confirm the condition of arrangements, we shall respond
promptly and properly to such an inquiry. even before the delivery of the Determinate
Document to the said Traveler.
10.03. In the case that the Determinate Document has been delivered as specified in
10.01., the scope of the Tour Service involving our responsibility to arrange and
administer the itinerary shall be limited to the scope described in the said Determinate
Document.
Article 11 – Method of Utilizing Telecommunication Technology
11.01. When we have provided the Traveler, with his/her prior consent, with details to
– 32 –
be stated in the document, the Contract Document, or the Determinate Document, at
the time when he/she is about to conclude the Customized Tour Contract, such as the
itinerary, contents of the Tour Service, the Tour Price, other conditions of the Tour, and
our responsibility (hereinafter in this Article referred to as the “Described Details”), by
means of utilizing telecommunication technology instead of delivering the said
document to the said Traveler, we shall confirm that the Described Details have been
recorded on the file equipped in the communication equipment used by the Traveler.
11.02. In the case of the preceding Paragraph 11.01., when the communication
equipment used by the said Traveler is not equipped with a file for recording the
Described Details, we shall record the Described Details on the file (confined for
exclusive use of the said Traveler) equipped in the communication equipment being
used by us and confirm that the said Traveler has viewed the Described Details.
Article 12 – Tour Price
12.01. The Traveler will be required to pay to us the Tour Price for the amount specified
in the Contract Document on or before the date described in the Contract Document
prior to the starting date of the Tour.
12.02. When the Communication Contract has been concluded, we shall receive
payment of the Tour Price in the amount specified in the Contract Document by the
credit card of the Affiliated Company without obtaining the Traveler’s signature on the
designated voucher. In this case, the date the card is used shall be considered as the
date the Tour Contract is concluded.
Chapter 3 – Alteration of the Contract
Article 13 – Alteration of Contract Contents
13.01. The Traveler may request us to change the contents of the itinerary or tour
service or other contents of the Customized Tour Contract (hereinafter to be referred to
as the “Tour Contents”), in which case we shall try to accommodate such requests of the
Traveler as far as possible.
13.02. In case there arise such causes beyond our control as act of providence,
– 33 –
maelstrom of war, civil commotion, suspension of Tour Services like transport and
accommodation facilities, orders from government and other public agencies, transport
service not based on our original transport plan, and other causes, and when it is
considered unavoidable in order to effect the safe and smooth implementation of the
Tour, we may be required to change the itinerary, contents of the Tour Service, and other
contents of the Customized Tour Contract (hereinafter referred to as the “Contract
Contents”) by explaining promptly to the Traveler beforehand the reasons due to the
uncontrollable nature of such causes and the correlation between such causes and
subsequent changes, except at the time of emergencies, in which case, when
unavoidable, we shall explain to the Traveler after the changes have been made.
Article 14 – Alteration of Tour Price
14.01. In case the transport fare and charge applicable to the transport facilities being
used for the implementation of the Customized Tour (hereinafter in this Article referred
to as the “Applicable Fare and Charge”) are increased or reduced considerably beyond
the level normally assumed, due to significant changes in economic and other conditions,
compared with the Applicable Fare and Charge made public as effective rates at the
time when the Plan Document for the Customized Tour was delivered, we shall be
allowed to increase or reduce the amount of the Tour Price within the range of the
amount thus increased or reduced.
14.02. In the case that we increase the Tour Price as provided in the preceding
Paragraph 14.01., we shall inform the Traveler to that effect on or before the 15th day
counted backward from the day immediately preceding the starting date of the Tour.
14.03. In the case that the Applicable Fare and Charge are reduced as provided in 14.01.,
we shall decrease the Tour Price by the amount thus reduced in accordance with the
provision of the said Paragraph.
14.04. If any change in the contents of the Tour Contract according to the provisions of
the preceding Article 13 causes any decrease or increase to accrue in the expense
required for the implementation of the Tour (including the cancellation charge or
penalty for the Tour Service unreceived due to the change in the contents of the said
Contract, and/or other expenses already paid or payable from now), we may change the
Tour Price within the range of the amount reduced or increased when the Contract
– 34 –
Contents are changed (except when such changes are caused by a lack of seats in the
transport facilities or rooms in the accommodation or other facilities despite the
relevant Tour Service provided by the transport and accommodation facilities).
14.05. When we have stated in the Contract Document that the Tour Price varies with
the number of persons utilizing the transport and accommodation facilities, and when
the number of persons participating in the Tour has been changed due to the causes not
attributable to us after the conclusion of the Customized Tour Contract, there are cases
where the amount of the Tour Price will be changed as described in the Contract
Document.
Article 15 – Change of Traveler
15.01. The Traveler who has concluded the Customized Tour Contract may assign
his/her status under the said Contract to a third party, subject to our consent.
15.02. In cases where the Traveler wishes to obtain our consent as provided in the
preceding Paragraph 15.01, the said Traveler will be required to fill in the necessary
information on the form designated by us and submit it to us together with the handling
fee of the designated amount.
15.03. The assignment of the status under the Contract, as provided in 15.01., shall take
effect when approved by us and the third party who has acquired the status under the
Tour Contract. The third party shall hereafter inherit all the rights and obligations
concerning the said Customized Tour Contract concluded by the Traveler.
Chapter 4 – Cancellation of the Contract
Article 16 – Traveler’s Right to Cancel the Contract
16.01. The Traveler may cancel at any time the Customized Tour Contract by paying to
us the cancellation charge specified in Schedule I. In the case that the said Traveler
wishes to cancel the Communication Contract, we shall accept payment of the
cancellation charge by using the card of the Affiliated Company without obtaining the
said Traveler’s signature on the designated voucher.
– 35 –
16.02. The Traveler may cancel, in the following cases, the Customized Tour without
paying the cancellation charge before the start of the Tour, notwithstanding the
provision of the preceding Paragraph 16.01:
(1) When the Contract Contents have been changed by us, but limited to only such cases
as the changes listed in the left column of Schedule II and other important changes.
(2) When the Tour Price has been increased under the provision of 14.01.
(3) When there arise such causes as act of providence, maelstrom of war, civil
commotion, suspension of Tour Services like transport and accommodation facilities,
orders from government and public agencies, and other causes, which have disabled the
safe and smooth implementation of the Tour or have increased the potential of disabling
the Tour to an extreme extent.
(4) When we have failed to deliver the Determinate Document to the Traveler on or
before the date specified in 10.01.
(5) When the implementation of the Tour has been precluded as scheduled according to
the itinerary described in the Contract Document due to causes attributable to us.
16.03. When the Traveler has been unable to receive the Tour Service as described in
the Contract Document after the start of the Tour due to causes not attributable to
him/her or when we have informed him/her to that effect, the said Traveler may cancel
the Contract for that portion of the Tour Service that he/she has been unable to receive,
without paying the cancellation charge, notwithstanding the provision of 16.01.
16.04. In the case of the preceding Paragraph 16.03, we shall refund to the Traveler the
portion of the Tour Price related to the portion of the Tour Service that has become
unavailable. However, when the preceding case is not due to a cause attributable to us,
we shall pay a refund to the said Traveler after deducting from the said amount the
cancellation charge, penalty and other amount already paid or the amount related to
the expenses payable from now for the said Tour Service.
Article 17 – Our Right to Cancel the Contract – Cancellation before the Start of the
Tour
– 36 –
17.01. There are cases as follows where we will cancel the Customized Tour Contract
before the start of the Tour by explaining to the Traveler the reason for the cancellation:
(1) In cases where the Traveler is considered unbearable to participate in the said Tour
due to illness, absence of a necessary helper or other causes.
(2) In cases where the Traveler is likely to cause trouble to other Travelers or interfere
with the smooth implementation of the Tour as a group.
(3) In cases where the Traveler has requested extra burden with regards to the contents
of the Contract beyond a reasonable range.
(4) In cases where it is extremely likely that the Tour conditions required for
implementation of the Tour as described at the time of the conclusion of the Contract,
such as the amount of snowfall necessary for a ski Tour, may disable the tour.
(5) In cases where there arise such causes beyond our control as act of providence,
maelstrom of war, civil commotion, suspension of Tour Services like transport and
accommodation facilities, orders from government and public agencies, and other causes,
which disable the safe and smooth implementation of the Tour as scheduled according to
the itinerary described in the Contract Document, or which are extremely likely to
disable the Tour.
(6) When the Communication Contract is concluded, in the case that the Traveler
becomes unable to settle in part or in whole his/her liability relating to the Tour Price,
etc. as provided in the card membership rules of the Affiliated Company due to such
causes as the credit card held by the Traveler becomes invalid.
17.02. In the case that the Traveler does not pay the Tour Price by the due date specified
in the Contract Document as provided in 12.01, the Traveler will be considered to have
cancelled the Customized Tour Contract on the day immediately following the said due
date. In this case, the said Traveler will be required to pay a penalty of the amount
equal to the cancellation charge specified in 16.01.
Article 18 – Our Right to Cancel – Cancellation after the Start of the Tour
– 37 –
18.01. There are cases as follows where we may cancel part of the Customized Tour
Contract even after the start of the Tour by explaining to the Traveler about the reason
for the cancellation:
(1) In cases where the Traveler is unbearable to continue the Tour due to the absence of
a necessary helper or other causes.
(2) In cases where the Traveler interferes with the safe and smooth implementation of
the said Tour by not following the instructions given by our Tour Escort or other staff to
implement the Tour safely and smoothly or disrupting the disciplinary order of the
group activity by physically assaulting or threatening the said staff or other Travelers.
(3) In cases where there arise such causes beyond our control as act of providence,
maelstrom of war, civil commotion, suspension of Tour Services like transport and
accommodation facilities, orders from government and public agencies, and other causes,
which have disabled the safe and smooth implementation of the Tour.
18.02. In the case that we have cancelled the Customized Tour Contract under the
provision of the preceding Paragraph 18.01, the Contractual relationship between our
Company and the Traveler ceases to exist only to the future. In this case, it will be
considered that our liability related to the Tour Service already provided to the Traveler
has been redeemed effectively.
18.03. In the case of the preceding Paragraph 18.02, we shall refund to the Traveler the
amount remaining after deducting the cancellation charge, penalty charge and any
other amount already paid or the amount related to the expenses payable from now for
the said Tour Service from the amount covering the portion of the Tour Service which
has not yet been offered to the Traveler out of the Tour Price.
Article 19 – Refund of the Tour Price
19.01. We shall refund to the Traveler the amount due in case there accrues a
refundable amount due to the Traveler due to the reduction of the Tour Price under the
provisions set forth from 14.03 through 14.05 or due to cancellation of the Customized
Tour Contract under the provisions of the preceding three Articles from Article 16
– 38 –
through Article 18, within 7 days reckoned from the day immediately following the date
of cancellation in the case of a refund due to cancellation before the start of the Tour, or
within 30 days reckoned from the day immediately following the last day of the Tour
which is stated in the Contract Document in the case of a refund due to the reduction of
the Tour Price or cancellation after the start of the Tour.
19.02. In the case that the Communication Contract has been concluded with the
Traveler, we shall pay a refund to the Traveler according to the card membership rules
of the Affiliated Company if there accrues a refundable amount due to him or her due to
reduction of the Tour Price under the provisions set forth from 14.03 through 14.05 or
due to cancellation of the Communication Contract under the provisions of the
preceding three Articles from Article 16 through Article 18. In this case, we shall notify
the Traveler of the refundable amount due within 7 days reckoned from the day
immediately following the date of cancellation in the case of a refund due to cancellation
before the start of the Tour, or within 30 days reckoned from the day immediately
following the last day of the Tour which is stated in the Contract Document in the case
of a refund due to the reduction of the Tour Price or cancellation after the start of the
Tour. The day when we have notified the Traveler shall be considered as the date of
using the card.
19.03. The provisions of the preceding two Paragraphs, 19.01 and 19.02, shall not
prevent the Traveler or our Company from exercising the right to claim compensation
for damage under the provision of Article 28 or Article 31.01 hereto.
Article 20 – Arrangement for Return Trip after Cancellation of the Contract
20.01. In the case that we have cancelled the Customized Tour Contract after the start
of the Tour under the provision of Article 18.01 (1) or 18.03, we shall undertake
arrangements for the Tour Service needed for the Traveler to return to the departure
place of the said Tour at the request of the Traveler.
20.2. In the case of the preceding Paragraph 20.01, all the expense required for the
return trip to the departure place shall be borne by the Traveler.
Chapter 5 – Contracts with Organizations and Groups
– 39 –
Article 21 – Contracts with Organizations and Groups
21.01. We shall apply the provisions of this Chapter to the conclusion of the Customized
Tour Contract in cases where we receive subscriptions from two or more Travelers who
are to travel the same route at the same time, provided that each Traveler appoint a
responsible representative (hereinafter referred to as the “Contract Representative”).
Article 22 – Contract Representative
22.01. Unless a Special Contract is concluded, we shall consider the Contract
Representative as the person holding all the power of representation concerning the
conclusion of the Customized Tour Contract for the Travelers who compose his/her
organization or group (hereinafter referred to as the “Constituent Member”), and we
shall handle transactions concerning the Tour business related to the said organization
or group and the business of Article 26.01 with the said Contract Representative.
22.02. The Contract Representative will be required to submit a list of the Constituent
Members on or before the date set by us.
22.03. We shall not be held responsible for the liabilities or obligations which the
Contract Representative assumes to the Constituent Members at present or the
liabilities or obligations which the Contract Representative is expected to assume in the
future.
22.04. In the case that the Contract Representative does not accompany his/her
organization or group during the Tour, one of the Constituent Members appointed by
the Contract Representative beforehand shall be considered by us as the Contract
Representative after the start of the Tour.
Article 23 – Special Rule of the Conclusion of the Contract
23.01. When we conclude the Customized Tour Contract with the Contract
Representative, there are cases where we accept the conclusion of the Customized Tour
Contract without receiving payment of the Application Fee, notwithstanding the
provision of Article 26.01.
– 40 –
23.02. When we conclude the Customized Tour Contract with the Contract
Representative without receiving payment of the Application Fee under the provision of
the preceding Paragraph 23.01, we shall deliver to the Contract Representative a
Document written to that effect, and the Customized Tour Contract shall be considered
concluded when we have delivered the said Document to the Contract Representative.
Chapter 6 – Administration of Itinerary
Article 24 – Administration of Itinerary
24.01. We shall make efforts to secure the safe and smooth implementation of the travel
for the Traveler and to carry out the following services for the Traveler, except when we
have concluded with the Traveler a Special Contract which differs from these services:
(1) In cases where it is considered that the Traveler may not be able to receive the Tour
Service during the Tour, to take necessary measures to ensure that the Traveler will
receive the Tour Service as specified in the Customized Tour Contract.
(2) In cases where it becomes unavoidable to alter the contents of the Tour Contract
despite the measures taken as described in the preceding Paragraph, to make
arrangements for alternative services. If the itinerary of the Tour is to be changed, we
shall make efforts to make the alternative itinerary after the change measure up to the
purport of the original itinerary. Also in cases where we are required to change the
contents of the Tour Services, we shall try to minimize alterations of the Contract
Contents by making the contents of the Tour Service after the change as close to the
originally planned contents as possible.
Article 25 – Instructions of Our Company
25.01. The Traveler will be required to follow the instructions of our Company while the
Tour is conducted as a group during the Tour from its start to its finish, in order to
implement the Tour safely and smoothly.
Article 26 – Services of Tour Escorts, Etc.
– 41 –
26.01. There are cases where we shall ask Tour Escorts or others to accompany the Tour,
depending on the contents of the Tour, and handle the services described in the
respective Paragraphs of Article 24 in whole or in part or any other services which we
consider necessary in connection with the said Customized Tour.
26.02. The service hours for the said Tour Escorts or others to engage in the services
described in the preceding Paragraph 26.01 shall be in principle from 8:00 to 20:00.
Article 27 – Protective Measures
27.01. In the case that a situation arises where we consider the Traveler to be in a
condition requiring protection due to sickness, injury, ect. during the travel, we may
take the necessary measures. In these cases, if the cause is not blamed on us, the
expenditure required for the said measures shall be borne by the said Traveler and shall
be payable by the Traveler on or before the date set by us by the method designated by
us.
Chapter 7 – Responsibility
Article 28 – Responsibility of Our Company
28.01. We shall be responsible for compensating for the damage caused to the Traveler
intentionally or negligently by us or by our agent (hereinafter referred to as the
“Business Agent”) who has been engaged by us to make arrangements on our behalf
under the provision of Article 4, but limited only to cases when notice has been given to
us within two years from the day immediately following the day when the damage
occurred.
28.02. In cases where the Traveler has suffered damage due to causes beyond the
control of our Company or our Business Agent, such as acts of providence, maelstrom of
war, civil commotion, suspension of Tour Services like transport and accommodation
facilities, orders from government and other public agencies, and others causes, we
shall not be held responsible for compensation except in the case of the preceding
Paragraph 28.01.
28.03. Regarding damage caused to baggage as described in 28.01, notwithstanding the
– 42 –
provision of the said Paragraph, we shall compensate the Traveler up to 150,000 as a
maximum amount per Traveler (except in cases where the damage has been caused by
us intentionally or by gross negligence), only in cases where we have been notified of the
damage within 14 days in the case of inland trips and within 21 days in the case of
overseas trips, counted respectively from the day immediately following the day when
the damage has occurred.
Article 29 – Special Compensation
29.01. We shall pay compensation and a solatium of the amount set beforehand for
damage caused to the life, body or baggage of the Traveler while he/she is participating
in a Customized Tour, in accordance with the provision of the separate Rules of Special
Compensation, regardless of whether or not the damage has been caused due to our
responsibility under the preceding Article 28.01.
29.02. In cases where we are responsible under the provision of the preceding Article
28.01 for the damage caused as described in the preceding Paragraph 29.01, the
compensation money payable by us within the limit of the amount of compensation
money payable based on the said responsibility according to the preceding Paragraph
29.01 shall be considered as the compensation money for the said damage.
29.03. In such a case as provided in the preceding Paragraph 29.02, our responsibility to
pay the indemnity based on the provision of 29.01 shall be reduced by the amount equal
to the compensation money payable by us under the provision of the preceding Article
28.01 (including the indemnity considered as the compensation money according to the
provision of the preceding Paragraph 29.02).
29.04. The Subscription Type Package Tour which we implement by collecting a
separate Tour Price from the Traveler participating in our Customized Tour shall be
handled as part of the contents of the Customized Tour Contract.
Article 30 – Guarantee of Itinerary
30.01. In the case that a serious alteration is made to the Tour Contents described in the
left column of Schedule II (except the alterations described in each of the following
instances (excluding alterations caused by the lack of seats in the transportation
– 43 –
facilities or the lack of rooms in the accommodation or other facilities despite the fact
that the said Tour Service is provided by the transport and accommodation facilities)),
we shall pay compensation money for such alterations which is equal to or in excess of
the amount reached by multiplying the Tour Price by the percentage specified in the
right column of the said Schedule within 30 days counted from the day immediately
following the last day of the Tour, except in cases where it is clear that we will bear the
responsibility under the provision of Article 28.01 regarding the said alterations.
(1) Alterations due to the following causes:
(a) Act of providence.
(b) Maelstrom of war.
(c) Civil commotion.
(d) Orders from government and other public agencies.
(e) Suspension of Tour Services like transport and accommodation facilities.
(f) Offering a transport service not based on the original travel plan.
(g) Measures required to ensure the safety of the life or body of the Tour Participants.
(2) Alterations relating to the portion altered following the changes made to the
Customized Tour under the provision of Article 13.01 and those relating to the portion
cancelled due to the cancellation of the Customized Tour Contract based on the
provisions from Article 16 through Article 18.
30.02. The maximum amount of compensation money payable by us for the alteration
shall be the amount reached by multiplying the Tour Price per Traveler for the
Customized Tour by the percentage set by us in excess of 15%. However, in the case that
the amount of compensation money payable per Traveler for the Customized Tour falls
below 1,000, we shall not pay the compensation money for the alteration.
30.03. In the case that it becomes clear that we are liable for the said alteration, based
– 44 –
on the provision of Article 28.01 after we have paid compensation money for the
alteration in accordance with the provision of 30.01, the Traveler will be required to
reimburse to us the compensation money paid for the said alteration. In this case, based
on the provision of the same Paragraph, we shall pay the balance by offsetting the
amount of the compensation money payable by us by the amount of the compensation
money for the alteration that is refundable by the Traveler.
Article 31 – Responsibility of the Traveler
31.01. In the case that we have suffered damage due to the willfulness or fault of the
Traveler, the said Traveler will be required to compensate us for the damage.
31.02. When the Traveler concludes the Customized Tour Contract, the Traveler will be
required to try to understand the contents of the Customized Tour Contract, such as the
right and obligation of the Traveler, etc., by utilizing the information provided by us.
31.03. In order for the Traveler to smoothly receive the Tour Service described in the
Contract Document after the start of the Tour, the Traveler will be required to report
promptly to us, our business agent or the provider of the said Tour Service at the
Touring point if and when the Traveler realizes that a Tour Service different from the
Contract Document has been offered.
Chapter 8 – Business Guarantee Bonds
(In Cases of Not Being a Security Member of the Association of Travel
Agents)
Article 32 – Business Guarantee Bonds
32.01. The Traveler or the Constituent Member, who has concluded the Package Tour
Contract with us, is entitled to receive reimbursement from the Business Guarantee
Bonds deposited by us under the provision of Article 7.01 of the Travel Agency Law in
connection with the claim arising from the said transaction.
32.02. The name and place of the Deposit Office where we have deposited the Business
Guarantee Bonds are as follows:
– 45 –
(1) Name:
(2) Place:
Chapter 8 – Compensation Business Guarantee Bonds
(In Cases of Being a Security Member of the Association of Travel Agents)
Article 33. – Compensation Business Guarantee Bonds
33.01. We are the Security Member of the (Name) Association of Travel
Agents (located at (Address) Tokyo) .
33.02. The Traveler or the Constituent Member, who has concluded the Package Tour
Contract with us, is entitled to receive reimbursement from the Compensation Business
Guarantee Bonds deposited by the Association of Travel Agents which is
described in the preceding Paragraph 31.01, up to the maximum amount of
yen, in connection with the claim arising from the said transaction.
33.03. As we have paid our share of the Compensation Business Guarantee Bonds to the
(Name) Association of Travel Agents in accordance with the provision of the
first Paragraph of the Article 22.10 of the Travel Agency Law, we have not deposited the
Business Guarantee Bonds based on the first Paragraph of Article 7 of the Travel
Agency Law.
————————————————————————————————————————-
———————-
Schedule I – Cancellation Charge (relating to Article
16.01)
1. Cancellation Charges relating to Inland Trips
Classification Cancellation
Charge
(1) Customized Tour Contract excluding (2) below.
– 46 –
(a) In a case other than the following cases from (b) through (f) (but
limited to cases where we have specified the amount of the Planning
Charge in the Contract Document)
(b) If the Contract is cancelled on or after the 20th day (the 10th day in
the case of a day trip) counted backward from the day immediately
preceding the starting day of the Tour (except the following cases from
(c) through (f))
(c) If the Contract is cancelled on or after the 7th day counted backward
from the day immediately preceding the starting day of the Tour (except
the following cases from (d) through (f))
(d) If the Contract is cancelled on the day immediately preceding the
starting day of the Tour
(e) If the Contract is cancelled on the very day when the Tour starts
(f) If the Contract is cancelled after the start of the Tour or the Traveler
does not participate in the Tour without notice
Amount equal to
the
Planning Charge
Not more than 20%
of the Tour Price
Not more than 30%
of the Tour Price
Not more than 40%
of the Tour Price
Not more than 50%
of the Tour Price
Not more than
100% of the Tour
Price
(2) Customized Tour Contract using a Chartered Vessel
Based on the rules
of the cancellation
charge for the
said Vessel
Note: The amount of the cancellation charge shall clearly be specified in the Contract
Document.
2. Cancellation Charges relating to Overseas Trips
Classification Cancellation
Charge
(1) Customized Tour Contract using an Aircraft when leaving Japan or returning to Japan
– 47 –
(excluding the Tour Contracts described in (2) and (3) below.
(a) In a case other than the following cases from (b) through (d) (but
limited to the cases where we have specified the amount of the Planning
Charge in the Contract Document)
(b) If the Contract is cancelled on or after the 30th day counted
backward from the day immediately preceding the starting day of the
Tour (except the following cases from (c) through (d))
(c) If the Contract is cancelled on or after two days before the starting
day of the Tour (except the following case described in (d) below)
(d) If the Contract is cancelled after the start of the Tour or the Traveler
does not participate in the Tour without notice
Amount equal to
the
Planning Charge
Not more than 20%
of the Tour Price
Not more than 50%
of the Tour Price
Not more than
100% of the Tour
Price
(2) Customized Tour Contract using a Chartered Aircraft
(a) In a case other than the following cases from (b) through (f) (but
limited to the cases where we have specified the amount of the Planning
Charge in the Contract Document)
(b) If the Contract is cancelled on or after the 90th day counted
backward from the day immediately preceding the starting day of the
Tour (except the following cases from (c) through (e))
(c) If the Contract is cancelled on or after the 30th day counted
backward from the day immediately preceding the starting day of the
Tour (except the following cases from (d) through (e))
(d) If the Contract is cancelled on or after the 20th day counted
backward from the day immediately preceding the starting day of the
Tour (except the following case described in (e) below)
(e) If the Contract is cancelled on or after the 3rd day counted backward
from the day immediately preceding the starting day of the Tour or the
Amount equal to
the
Planning Charge
Not more than 20%
of the Tour Price
Not more than 50%
of the Tour Price
Not more than 80%
of the Tour Price
Not more than
100% of the Tour
Price
– 48 –
Traveler does not participate in the Tour without notice
(3) Customized Tour Contract using a Vessel when leaving Japan or
returning to Japan
Based on the rules
of the cancellation
charge for the said
Vessel
Note: The amount of the cancellation charge shall clearly be specified in the Contract
Document.
Schedule II – Compensation Money for Alterations
(relating to Article 30.01)
Percentage Alterations Requiring Payment of Compensation Money per Case (%)
Before the start
of the Tour
After the start of
the Tour
(1) Alterations of the starting day or last day of the Tour
described in the Contract Document
(2) Alterations of sightseeing spots or sightseeing
facilities (including restaurants) and other destinations
of the Tour
(3) Alterations in the class or the facilities of
Transportation Facilities to those with lower rates than
those described in the Contract Document (but limited
only to the cases where the total amount of charges for
the class and facilities after alterations fall below the
total amount for those specified in the Contract
Document)
(4) Alterations in the type of transport or in the names of
the companies described in the Contract Document
1.5
1.0
1.0
1.0
3.0
2.0
2.0
2.0
– 49 –
(5) Alterations to flights departing from and/or ending in
Japan from those specified in the Contract Document.
(6) Alterations to a direct flight scheduled to fly from
Japan to outside Japan as mentioned in the Contract
Document to a connecting flight or an indirect flight.
(7) Alterations in the type or name of the accommodation
facilities which are specified in the Contract Document
(8) Alterations in the conditions of guest rooms as
specified in the Contract Document, such as the type of
guest rooms, facilities, scenery, etc.
1.0
1.0
1.0
1.0
2.0
2.0
2.0
2.0
Note 1. “Before the Start of the Tour” shall refer to cases where the Traveler has been
notified of the relevant alteration on or before the day immediately preceding the starting day
of the Tour, and “After the Start of the Tour” shall refer to cases where the Traveler has been
notified of the relevant alteration on or after the starting day of the Tour.
Note 2. When the Determinate Document has been delivered, this Schedule shall be applied
by reading “Contract Document” as “Determinate Document”. In this case, if any alterations
take place between the described contents of the Contract Document and the described
contents of the Determinate Document or between the described contents of the Determinate
Document and the contents of the service actually offered, each respective alteration shall be
treated as one case.
Note 3. If transport facilities related to the alterations described in (3) or (4) above involve
the use of accommodation facilities, each overnight stay shall be treated as one case.
Note 4. Alternations in the names of companies operating transport facilities under (4)
above will not be applicable in cases where alterations involve changes to a higher class or
more sophisticated facilities.
– 50 –
Note 5. Even if the alterations described in (4) or (7) or (8) above take place in multiple cases
during one ride on a transport vehicle or one overnight stay, each one ride or each one
overnight stay shall be treated as one case respectively.
– 51 –
Rules of Special Compensation
Chapter 1 – Payment of Compensation Money, etc.
Article 1 – Our Company’s liability for Payment
01.01. If a Traveler participating in our Customized Tour has suffered injuries to his/her
body due to a sudden and extraneous accident (hereinafter to be referred to as the
“Accident”) while he/she is participating in the said Tour, we shall pay to the Traveler or
his/her legal heir Compensation for Death and Residual Disability as well as a Solatium
for hospitalization and for hospital visit s(hereinafter referred to as the “Compensation,
etc.”) in accordance with the provisions from Chapters 1 through Chapter 4.
01.02. The injuries referred to in the preceding Paragraph, 01.01, include poisoning
symptoms which rapidly develop when toxic gases or poisonous materials are inhaled,
absorbed or taken in from outside the body accidentally (excluding the poisoning
symptoms which develop as a result of continuous inhalation, absorption or ingestion.),
but do not include bacterial food poisoning.
Article 2 – Definition of Terminology
02.01. In these Rules of Special Compensation, “Organized Tour” shall mean those
Tours defined in the first Paragraph of Article 2 of the “Subscription Type Package Tour
Contract” Section and in the first Paragraph of Article 2 of the “Order-Taking Type
Customized Tour” Section respectively.
02.02. In these Rules of Special Compensation, “While Participating in the Organized
Tour” shall mean the period between the time when the Traveler starts receiving the
services of the first group of transport and accommodation facilities, etc. which are
specified in the itinerary of the said Organized Tour offered by the tickets arranged by
our Company beforehand with an aim for the Traveler to participate in the Organized
Tour up to the time when the Traveler finishes receiving the services of the last group of
transport and accommodation facilities, etc. However, if the Traveler deviates from the
route of the Organized Tour specified beforehand, when the said Traveler has notified us
beforehand of the scheduled dates and times of his departure and return, the period
– 52 –
from the time of his/her departure until the time of his/her return shall be considered as
“While Participating in the Organized Tour.” However, when the said Traveler departs
from the said Tour without notifying us beforehand of the scheduled dates and times of
his/her departure and return or without planning to return to rejoin the Tour, the period
of his/her departure till the time of his/her return or the period after his/her departure
shall not be considered as “While Participating in the Organized Tour.” Also in cases
where the itinerary of the said Organized Tour includes the dates specified for the
Traveler not to receive the service of the transport and accommodation facilities, etc.
arranged by us (according to the standard time of the touring point), when it is clearly
described in the Contract Document that the Compensation and Solatium for the
damage suffered by the said Traveler on the said dates shall not be paid as provided in
the Rules of Special Compensation, the said dates shall not be considered as “While
Participating in the Organized Tour.”
02.03. “The time when the Traveler starts receiving the service” in the preceding
Paragraph, 02.02,
shall mean one of the times in the following cases:
(1) The time when the reception by our Tour Escort, our Employee or our Business
Agent is finished in cases where the reception is handled by them.
(2) In cases where the reception is not handled as described in the preceding case, one of
the times in the following cases shall apply:
(a) If the first transport and accommodation facilities, etc. are aircraft, the time when
the check-in is finished.
(b) If the first transport and accommodation facilities, etc. are vessels, the time when
the boarding procedure is finished.
(c) If the first transport and accommodation facilities, etc. are railroads, the time when
ticket examination is finished or the time when the Traveler has boarded the relevant
train in cases where ticket examination is not conducted.
(d) If the first transport and accommodation facilities, etc. are wheeled vehicles, the
time when the Traveler has boarded them.
– 53 –
(e) If the first transport and accommodation facilities, etc. are accommodation facilities,
the time when the Traveler has entered such facilities.
(f) If the first transport and accommodation facilities, etc. are other than
accommodation facilities, the time when the procedure to utilize the said facilities is
finished.
02.04. “The time when the acceptance of services is finished” shall mean one of the
times in the following cases:
(1) If our Tour Escort, our employee or our Business Agent announces the dismissal of
the Organized Tour, the time when such an announcement has been made.
(2) If the announcement of the dismissal described in the preceding case is not
conducted,
(a) If the first transport and accommodation facilities, etc. are aircraft, the time when
the Traveler has exited the airport compound where only Travelers are allowed to enter.
(b) If the first transport and accommodation facilities, etc. are vessels, the time when
the Traveler has disembarked the vessel.
(c) If the first transport and accommodation facilities, etc. are railroads, the time when
ticket examination is finished or the time when the Traveler has disembarked the
relevant train in cases where ticket examination is not conducted.
(d) If the first transport and accommodation facilities, etc. are wheeled vehicles, the
time when the Traveler has disembarked them.
(e) If the first transport and accommodation facilities, etc. are accommodation facilities,
the time when the Traveler has exited such facilities.
(f) If the first transport and accommodation facilities, etc. are other than
accommodation facilities, the time when the Traveler has exited the said facilities.
– 54 –
Chapter 2 – Cases where Compensation, etc. is not Paid
Article 3 – Cases where Compensation, etc. is not Paid(1)
03.01. We shall not pay Compensation, etc. in cases where the injuries are caused by the
causes listed below:
(1) Willfulness of the Traveler, except in the case of injuries caused to persons other
than the Traveler.
(2) Willfulness of the person who is due to receive the Compensation for Death, except
the amount of the said Compensation for Death which is receivable by another person in
case the said person is the recipient of part of the Compensation for Death.
(3) Suicidal, criminal, or conmbative acts of the Traveler, except in the case of injuries
suffered by persons other than the Traveler.
(4) Accidents caused while the Traveler is driving an automobile or motorized bicycle
without having the driving qualification designated by ordinance or in a state incapable
of normal driving such as under the influence of alcohol, except in the case of injuries
suffered by persons other than the said Traveler.
(5) Accidents caused while the Traveler is behaving willfully against the law or is
receiving illegal services, except in the case of injuries suffered by persons other than
the said Traveler.
(6) Brain disease, illness or insanity of the Traveler, except in the case of injuries
suffered by persons other than the said Traveler.
(7) Pregnancy, childbirth, premature birth, miscarriage, surgical operations, or other
medical procedures of the Traveler, except in the case of treatment for injuries for which
we are obligated to compensate.
(8) Accidents caused while the Traveler is undergoing execution of his criminal sentence
or is in custody or in jail.
– 55 –
(9) War, use of force by a foreign power, revolution, takeover of the government, armed
rebellion, or other incident or civil commotion similar to these (meaning, in these
Special Compensation Rules, the state of affairs, which is considered an important
situation from the viewpoint of security and maintenance of public order and peace
throughout or in parts of a country by collective action of a mob or a large number of
people).
(10) Accidents caused by the radioactivity, volatility or other hazardous characteristics
or these characteristics of nuclear fuel material (including expended fuel, hereinafter to
be interpreted likewise) or matters contaminated by nuclear fuel material (including
atomic fission products).
(11) Accidents caused following the causes described in the preceding two cases or
accidents arising from the confusion of social order following them.
(12) Exposure to radiation or radioactive contamination other than the case described in
(10) above.
03.02. We shall not pay Compensation, etc. for cervical syndrome (a so-called whiplash
injury) or lower-back pain without any objective symptoms, regardless of the causes.
Article 4 – Cases where Compensation, etc. is not Paid(2)
04.01. We shall not pay Compensation, etc. as provided in the preceding Article 3, in the
case of Organized Tours aimed at inland trips, and also in the cases of injuries caused by
the causes listed in the following cases:
(1) Earthquake, volcanic eruption or tsunami.
(2) Accidents caused following the causes described in the preceding case or accidents
arising from the confusion of social order incidental to them.
Article 5 – Cases where Compensation, etc. is not Paid(3)
05.01. We shall not pay Compensation, etc. for the injuries listed in the following cases
unless the action described in each case is included in the itinerary of the Organized
– 56 –
Tour as designated by us beforehand. However, if the action described in each case is
included in the itinerary of the said Tour, we shall pay Compensation, etc. for injuries
suffered due to a similar action while the Traveler is participating in the Organized
Tour not included in the itinerary:
(1) Injuries suffered while the Traveler is engaged in the activities designated in
Schedule I.
(2) Injuries suffered while the Traveler is engaged in a match, race, or show (including
practices in all cases) or a test run (which means driving or steering with the purpose of
a performance test) by driving an automobile or motorized bicycle or steering a motor
boat. However, we shall pay Compensation, etc. for the injuries suffered while the
Traveler is doing these things on the road even if they are not included in the itinerary
of the Organized Tour.
(3) Injuries suffered while the Traveler is piloting an aircraft other than one flying on a
course designated by an air transport company (regardless of whether or not it is a
regular commercial flight.
Chapter 3 – Types of Compensation, etc. and Amounts
Payable
Article 6 – Payment of Compensation for Death
06.01. If the Traveler has suffered an injury as described in Article 1 and died as a direct
result of the relevant accident within 180 days from the day of the said accident, we
shall pay to the legal heir of the Traveler Compensation for Death in the amount of 25
million in the case of an Organized Tour aimed at an overseas trip and in the amount of
15 million (hereinafter to be referred to as the “Compensable Amount”) in the case of
an Organized Tour aimed at an inland trip, per Traveler respectively. If, however, the
Compensation for Residual Disability has already been paid to the said Traveler, we
shall pay the balance remaining after deducting the Compensation paid from the
Compensation due.
Article 7 – Payment of Compensation for Residual Disability
– 57 –
07.01 In cases where the Traveler has suffered an injury as described in Article 1 and
developed Residual Disability as a direct result of the said injury within 180 days from
the day of the said accident (which means serious disability, remaining in his/her body,
which is unrecoverable in the future or the loss of part of his/her body after the injury
leading to this disability or loss has been healed; hereinafter to be interpreted likewise.),
we shall pay Compensation for Residual Disability in the amount reached by
multiplying the amount of Compensation by the percentage listed in each of the
following cases in Schedule II.
07.02. Notwithstanding the provisions of the preceding Paragraph, 07.01, if the Traveler
is in a condition still requiring treatment even after a lapse of 180 days from the day of
the accident, we shall pay Compensation for Residual Disability after identifying the
extent of his/her residual disability based on the diagnosis of a physician on the 181st
day counted from the day of the accident.
07.03. As for any Residual Disability not listed in the cases of Schedule II, we shall
determine the payable amount of Compensation for Residual Disability according to the
extent of the disability of the body and pursuant to the classification of the respective
cases in Schedule II, regardless of the occupation, age, social status, etc. of the Traveler.
However, if the relevant disability is not as serious as the functional disorder listed in 1
(3), 1 (4), 2 (3), 4 (4), and 5 (2) of Schedule II, we shall not pay Compensation for
Residual Disability.
07.04. In the case of two or more types of Residual Disability being caused by the same
accident, we shall pay the total amount of Compensation by applying the preceding
three Paragraphs from 07.1 through 07.03 to the respective disabilities. However, in the
case of Residual Disability of upper extremities (arms and hands) described in 7, 8, and
9 of Schedule II or the Residual Disability of lower extremities (legs and feet), the
maximum amount payable per Traveler of the Compensation for Residual Disability of
each extremity shall be 60% of the amount of Compensation.
07.05. The maximum amount payable by us for Residual Disability under each of the
preceding Paragraphs from 07.01 through 07.04 shall be the amount of Compensation
payable per Traveler per Organized Tour.
– 58 –
Article 8 – Payment of Solatium for Hospitalization
08.01. In cases where the Traveler has suffered an injury as described in Article 1, and,
as a direct result of such a injury, has become unable to engage in daily work or to lead a
normal life, and has been hospitalized (meaning that although treatment by a physician
is required, treatment at home is so difficult that the patient is hospitalized at a
hospital or clinic to receive concerted treatment under the physician’s care. Hereinafter
to be interpreted likewise in this Article.), we shall pay a Solatium for hospitalization
according to the number of days hospitalized under the following classification:
(1) In the case of an Organized Tour aimed at an Overseas Trip:
(a) In cases where the Traveler has suffered injury requiring hospitalization
for 180 days or more.
400,000
(b) In cases where the Traveler has suffered injury requiring hospitalization
for 90 days or more but less than 180 days. 200,000
(c) In cases where the Traveler has suffered injury requiring hospitalization
for 7 days or more but less than 90 days.
100,000
(d) In cases where the Traveler has suffered injury requiring hospitalization
for less than 7 days.
40,000
(2) In the case of an Organized Tour aimed at an Inland Trip:
(a) In cases where the Traveler has suffered injury requiring hospitalization
for 180 days or more.
200,000
(b) In cases where the Traveler has suffered injury requiring hospitalization
for 90 days or more but less than 180 days. 100,000
– 59 –
(c) In case the Traveler has suffered injury requiring hospitalization
for 7 days or more but less than 90 days. 50,000
(d) In cases where the Traveler has suffered injury requiring hospitalization
for less than 7 days.
20,000
08.02. Even when the Traveler is not hospitalized, if the said Traveler’s injury falls
under any one of the cases listed in Schedule III, and the said Traveler has received
treatment by a physician, the period during which the said Traveler has been placed
under such a state shall be considered as the number of days requiring hospitalization
when applying the provision of the preceding Paragraph,8.01.
08.03. If a Solatium for Hospitalization plus Compensation for Death or a Solatium for
Hospitalization plus Compensation for Residual Disability is payable per Traveler at
the same time, we shall pay the total amount of such payments.
Article 9 – Payment of a Solatium for Hospital Visits
09.01. If the Traveler has suffered an injury as described in Article 1, and, as a direct
result of such an injury, has experienced difficulty in engaging in normal work or
leading a normal life, and has needed to visit a hospital (which means that when
treatment by a physician is necessary, the patient visits a hospital or clinic to receive
treatment by a physician (including house visits by a physician). Hereinafter to be
interpreted likewise in this Article.), and the number of days spent for such Hospital
Visits has exceeded 3 days, we shall pay to the Traveler a Solatium for Hospital Visits
according to the said number of days under the following classification:
(1) In the case of an Organized Tour aimed at an Overseas Trip:
(a) In cases where the Traveler has suffered injury requiring Hospital Visits
for 90 days or more. 100,000
(b) In cases where the Traveler has suffered injury requiring Hospital Visits
for 7 days or more but less than 90 days. 50,000
– 60 –
(c) In cases where the Traveler has suffered injury requiring Hospitalization
for 3 days or more but less than 7 days. 20,000
(2) In the case of an Organized Tour aimed at an Inland Trip:
(a) In cases where the Traveler has suffered injury requiring Hospital Visits
for 90 days or more.
50,000
(b) In cases where the Traveler has suffered injury requiring Hospital Visits
for 7 days or more but less than 90 days. 25,000
(c) In cases where the Traveler has suffered injury requiring Hospitalization
for 3 days or more but less than 7 days. 10,000
(2) Even when the Traveler does not make Hospital Visits, if we recognize that the
Traveler has experienced considerable difficulty in engaging in normal work or leading
a normal life because of a plaster cast, etc. attached all the time to the part of his/her
body suffering from the injury, such as a bone fracture, under the instruction of a
physician, the period of such a state shall be considered as the number of days spent for
Hospital Visits when applying the provision of the preceding Paragraph, 09.01.
(3) We shall not pay a Solatius for the Hospital Visits made after the injury suffered has
been healed to such an extent as considered not to be so troublesome as to prevent the
Traveler from engaging in normal work or leading a normal life.
(4) We shall not pay a Solatius for Hospital Visits made after the lapse of 180 days from
the day of the accident under any circumstances.
(5) In cases where both a Solatium for Hospital Visit plus Compensation for Death or a
Solatium for Hospital Visit plus Compensation for Residual Disability is payable per
Traveler at the same time, we shall pay the total amount of such payments.
Article 10 – Special Rules Concerning Payment of aSolatium for Hospitalization
and a
Solatium for Hospital Visits
– 61 –
10.01 If the number of days required for Hospitalization and the number of days for
Hospital Visits exceeds one day per Traveler respectively, notwithstanding the
provisions of the preceding two Articles 8 and 9,we shall pay only whichever amount is
larger among the Solatium described in each of the following cases (if both amounts are
the same, the Solatium described in (1)):
(1) A Solatium for Hospitalization, payable by us for the number of days of
hospitalization..
(2) A Solatium for Hospitalization, payable by us for the number of days spent for
Hospital Visits, by regarding the number of days reached by adding the said number of
days in the hospital to the said number of days spent for Hospital Visits (excluding the
period for which we must pay Solatium for Hospitalization) as the number of days spent
for hospital visits.
Article 11 – Presumption of Death
11.01. If and when the Traveler has not been found even after 30 days have passed after
the aircraft or vessel which the Traveler had boarded has been reported missing, or lost,
the said Traveler will be presumed dead on the day when the said aircraft or said vessel
was reported missing or lost.
Article 12 – Influence of Other Physical Disabilities or Illnesses
12.01. If the injury described in Article 1 has become serious due to the influence of a
physical disability or illness which had already existed when the Traveler suffered the
injury described in Article 1 or due to the influence of an injury or illness which has
occurred independent of the accident causing the said injury after the said Traveler has
suffered the injury described in Article 1, the amount equal to the situation excluding
those influences shall be determined and paid.
Chapter 4 – Occurrence of Accident and Procedures
for Requesting Payment of Compensation, etc.
– 62 –
Article 13 – Request for Explanation, etc. Concerning Extent of Injuries, etc.
13.01. If the Traveler has suffered an injury described in Article 1, there are cases where
we may request that the said Traveler or the person due to receive Compensation for
Death explain the extent of the said injury and produce an outline of the accident
leading to the said injury, or request a medical examination of his/her body or a
postmortem examination of his/her dead body. In this case, the Traveler or the person
expected to receive Compensation for Death will be required to cooperate with us and
comply with these requests.
13.02. If the Traveler has suffered an injury described in Article 1 due to causes
unrelated to us, the Traveler or the person due to receive Compensation for Death will
be required to report to us the outline, etc. of the accident leading to the said injury
within 30 days from the day of the said accident.
13.03. When the Traveler or the person due to receive Compensation for Death has
violated the provisions of the preceding two Paragraphs, 13.01 and 13.02, or has failed
to inform us of the facts known to them in the explanation or report required or has
given a false statement, we shall not pay Compensation, etc.
Article 14 – Request for Payment of Compensation, etc.
14.01. When the Traveler or the person due to receive Compensation for Death wishes to
receive payment of Compensation, etc., he/she will be required to submit the following
documents and a bill requesting payment of Compensation, etc. on the form designated
by us:
(1) Claiming payment of Compensation for Death:
(a) Copy of the deceased’s family register and a copy of the legal heir’s family register
and a certificate of seal impression
(b) Certificate of the accident, issued by a public agency (or by a third party under
unavoidable circumstances)
(c) Death certificate or postmortem certificate of the Traveler
– 63 –
(2) Claiming payment of Compensation for Residual Disability:
(a) Seal certificate of the Traveler
(b) Certificate of the accident issued by a public agency (or by a third party under
unavoidable circumstances)
(c) Physician’s statement certifying the extent of the Residual Disability
(3) Claiming payment of a Solatium for Hospitalization:
(a) Certificate of the accident issued by a public agency (or by a third party under
unavoidable circumstances)
(b) Physician’s statement certifying the extent of the Residual Disability
(c) Certifying document issued by the hospital or clinic certifying the number of days of
Hospitalization or Hospital Visits
(4) Claiming payment of a Solatium for Hospital Visits:
(a) Certificate of the accident issued by a public agency (or by a third party under
unavoidable circumstances)
(b) Physician’s statement certifying the extent of the injury
(c) Certifying document issued by the hospital or clinic certifying the number of days of
Hospitalization or Hospital Visits
14.02. There are cases where we require the submission of documents other than those
listed above in the preceding Paragraph, 14.01, or where we admit omission of part of
the documents to be submitted under the preceding Paragraph, 14.01.
14.03. In cases where the Traveler or the person due to receive Compensation for Death
has acted against the provision of the first Paragraph, 14.01 or has not informed us of
– 64 –
the facts known to them concerning the documents submitted or has given a false
statement, we shall not pay Compensation, etc.
Article 15 – Subrogation
15.01. Even when we have paid Compensation, etc., the right held by the Traveler or
his/her legal heir to claim Compensation from a third party for the injury suffered by
the Traveler will not be transferred to us.
Chapter 5 – Compensation for Damage to Personal
Belongings
Article 16 – Our Company’s Responsibility to Pay
16.01. If the Traveler participating in the Organized Tour being implemented by our
Company happens to have his/her personal belongings (hereinafter to be referred to as
“Compensable Goods”) damaged accidently while the said Traveler is participating in
the said Organized Tour, we shall pay Compensation for Damage to personal belongings
(hereinafter to be
referred to as “Compensation for Damage”).
Article 17 – Cases Where Compensation for Damage Is Not Paid
17.01. We shall not pay Compensation for Damage for the damage caused by the causes
listed in each of the following cases:
(1) Willfulness of the Traveler, except for damages suffered by persons other than the
said Traveler.
(2) Willfulness of a relative belonging to the same household as that of the said Traveler,
unless his/her intention is to let the said Traveler receive the Compensation for
Damage.
(3) Suicidal, criminal or combative acts of the Traveler, except for damages suffered by
persons other than the said Traveler.
– 65 –
(4) Accidents caused while the Traveler is driving an automobile or motorized bicycle
without having the driving qualification designated by ordinance or in a state incapable
of normal driving such as under the influence of alcohol, except in the case of damages
suffered by persons other than the said Traveler.
(5) Accidents caused while the Traveler is behaving willfully against the law or is
receiving illegal services, except in the case of damages suffered by persons other than
the said Traveler.
(6) Exercise of public authority by the State or public institutions, such as confiscation,
requisition, seizure, and demolition, except when such exercise has been done as
necessary measures for fire extinction or evacuation.
(7) Defects in the Compensable Goods, except for defects that the Traveler or the person
taking care of the Compensable Goods for him/her has not been able to detect even with
considerable caution.
(8) Ordinary wear and tear, rust, mold, discoloration, damage by rats, vermiculation,
etc.
(9) External damage which does not disable the function of the Compensable Goods.
(10) Spill of liquid, which is the Compensable Goods, except for damage caused to other
Compensable Goods as a result.
(11) Misplaced or lost Compensable Goods.
(12) Causes listed in Article 3 from 03.01(9) through 03.01(12).
17.02. In the case of an Organized Tour aimed at an Inland Tour, we shall not pay
Compensation for Damage for the damage caused by the causes described in each of the
following cases in addition to the cases defined in the preceding Paragraph, 07.01.
(1) Earthquake, volcanic eruption or tsunami.
(2) Accidents caused following the causes described in the preceding case or accidents
– 66 –
caused from the confusion of social order incidental to them.
Article 18 – Compensable Goods and Its Scope
18.01. The Compensable Goods shall be limited to the personal belongings owned and
carried by the Traveler while participating in the Organized Tour.
18.02. Notwithstanding the provision of the preceding Paragraph, 18.01, items listed in
the following cases shall not be included in Compensable Goods:
(1) Cash, checks and other securities, documentary stamps, postage stamps, and the
like.
(2) Credit cards, coupons, air tickets, passports and the like.
(3) Manuscripts, specifications, designs, commercial ledgers, and the like (including
those recorded on recording media which can be directly processed by information
equipment (computers and their peripherals such as terminals) such as magnetic tapes,
magnetic disks, CD-ROMs, optical discs, etc.).
(4) Vessels (including yachts, motorboats and boats) and automobiles, motorized
bicycles and their accessories.
(5) Climbing equipment, expedition equipment and the like.
(6) Dentures, artificial limbs, contact lenses and the like.
(7) Animals and plants.
(8) Other items specified by our Company beforehand.
Article 19 – Amount of Damage and Amount of Compensation for Damage
19.01. The amount of damage for which Compensation is payable by us (hereinafter to
be referred to as the “Amount of Damage”) shall be determined on the basis of either the
value of the Compensable Goods at the place and time of the accident when the damage
– 67 –
caused or the total amount of the repair charge required for restoring the Compensable
Goods to the state immediately preceding the occurrence of the damage plus the amount
described in the third Paragraph of the next Article, 20.03, whichever is lower.
19.02. In cases where the amount of damage per item or pair of the Compensable Goods
exceeds 100,000 , we shall consider the amount of damage of the Compensable Goods
to be 100,000 and apply the provision of the preceding Paragraph, 19.01.
19.03. The maximum amount of Compensation for Damage payable by us shall be
150,000 per
Traveler per Organized Tour. However, if the amount of damage per Traveler does not
exceed 3,000 for each one accident, we shall not pay Compensation for Damage.
Article 20 – Prevention of Damage, etc.
20.01. When the Traveler has learned that damage has occurred to the Compensable
Goods as provided in Article 16, he/she must implement the following measures:
(1) Make efforts to prevent and reduce the damage.
(2) Inform our Company of the extent of the damage, the outline of the accident causing
the damage, and whether the Compensable Goods damaged is insured or not.
(3) If the Traveler is able to receive Compensation for the damage from others, take
necessary procedures to exercise his/her right.
20.02. When the Traveler has behaved against the provision of the preceding Paragraph,
20.01 (1), without justifiable cause, we shall regard the balance remaining after
deducting the amount considered effective to prevent and reduce the damage as the
amount of the damage, and when the Traveler has behaved against the provision of
20.01(2), we shall not pay Compensation for Damage. Also in cases where the Traveler
has behaved against the provision of 20.01 (3), we shall regard the balance remaining
after deducting the amount considered receivable by exercising his/her right to obtain
such an amount as the amount of the damage.
20.03. We shall pay the following expenses:
– 68 –
(1) Expenses which we consider necessary or useful to prevent and reduce the damage
prescribed in 20.01(1).
(2) Expenses required to take procedures prescribed in 20.01 (3).
Article 21 – Request for Payment of Compensation for Damage
21.01. When the Traveler wishes to receive payment of Compensation for Damage,
he/she will be required to submit to us a bill requesting payment of Compensation for
Damage on the form designated by us as well as the following documents:
(1) Certificate of the accident, issued by the police or an alternative third party.
(2) Documents issued to certify the extent of the damage caused on the Compensable
Goods.
(3) Other documents requested by us.
21.02. If the Traveler has behaved against the provision of the preceding Paragraph,
21.01, or has willfully indicated untrue matter on the documents submitted or has
forged or falsified these documents (to be considered likewise if he/she has had a third
party commit these acts), we shall not pay Compensation for Damage.
Article 22 – In Cases Where Damage Is Insured
22.01. In cases where there exists an insurance contract which is due to pay insurance
money for the damage described in Article 16, we may reduce the amount of
Compensation Money payable by us.
Article 23 – Subrogation
23.01. If the Traveler has the right to claim damages against a third party for
Compensation for Damage for which we are responsible for paying , such a right to
claim Compensation for the damage shall be transferred to us within the limit of the
amount of the Compensation for Damage that we have paid to the Traveler.
– 69 –
————————————————————————————————————————-
———————-
Schedule I (related to Article 5 – 05.01)
Mountain climbing (climbing equipment such as ice axes, crampons, ropes, hammers), luging,
bobsledding, skydiving, hang gliding, operating an ultra-light motorized plane (such as
motorized hang gliders, micro-light planes, and ultra-light planes), flying a gyro plane, and
other dangerous activities similar to these.
Schedule II (related to Article 7- 07.01, 07.03, and 07.04)
1. Disorder of the Eyes
(1) When the eyesight of both eyes has been lost.
(2) When the eyesight of one eye has been lost.
(3) When the corrected eyesight of one eye has become 0.6 or less.
(4) When one eye has come to suffer the constriction of visual field
(meaning a case where the visual field has become 60% or less of the total of the
angle of the normal visual field).
2. Disorder of the Ears
(1) When the hearing of both ears has been lost completely.
(2) When the hearing of one ear has been lost completely.
(3) When the hearing of one ear is not good enough to comprehend a normal
speaking voice at a distance of 50 cm or more.
3. Disorder of the Nose
100%
60%
5%
5%
80%
30%
5%
– 70 –
When a significant disorder has been left in the function of the nose.
4. Disorder of Mastication and Speech
(1) When the function of mastication and speech has been lost completely.
(2) When a significant disorder has been left in the function of mastication and
speech.
(3) When a disorder has been left in the function of mastication and speech.
(4) When 5 or more teeth have been chipped and lost.
5. Ugliness of Exterior Appearance (meaning the face, head and neck)
(1) When significant ugliness has been left on the exterior appearance.
(2) When ugliness has been left on the exterior appearance (meaning such ugliness
as a
cicatrix, 2 cm in diameter, or a linear cicatrix, 3cm long).
6. Disorder of the Vertebral Column
(1) When a significant deformation or a significant disorder of movement has been
left
on the vertebral column.
(2) When a disorder of movement has been left on the vertebral column.
(3) When a deformation has been left on the vertebral column.
7. Disorder of the Arm (the wrist joint and above) or the Leg (the ankle joint and
above)
(1) When one arm or one leg has been lost.
20%
100%
35%
15%
5%
15%
3%
40%
30%
15%
60%
50%
35%
– 71 –
(2) When the function of two or three joints of the three major joints in an arm or
leg has been lost completely.
(3) When the function of one joint of the three major joints has been lost
completely.
(4) When a disorder has been left in the function of one arm or one leg.
8. Disorder of the Fingers
(1) When the thumb of one hand has been lost at or above the knuckle
(interphalangeal
joint).
(2) When a significant disorder has been left in the function of the thumb of one
hand.
(3) When one of the fingers other than the thumb has been lost at or above the
second
knuckle (distal interphalangeal joint).
(4) When a significant disorder has been left in the function of one of the fingers
other
than the thumb.
9. Disorder of Toes
(1) When the first toe of one leg has been lost at or above the toe joint
(interphalangeal
joint).
(2) When a significant disorder has been left in the function of the first toe of one
leg.
(3) When one of the toes other than the first toe has been lost at or above the
second toe
5%
20%
15%
8%
5%
10%
8%
5%
3%
100%
– 72 –
joint (distal interphalangeal joint).
(4) When a significant disorder has been left in the function of one of the toes other
than
the first toe.
10. In other cases where the Traveler is not able to take care of himself/herself for
the
rest of his/her life due to the significant disorder of his/her body.
Note: The word “above” used in the provisions of 7, 8 and 9 above means the part of the body
closer
to the heart from the joint concerned.
Schedule III (related to Article 8 – 08.02)
1. The corrected eyesight of both eyes has fallen to 0.06 or below.
2. The function of mastication and speech has been lost.
3. The hearing of both ears has been lost.
4. The function of all the joints of both upper limbs at or above the wrist joint has been
lost.
5. The function of one lower limb has been lost.
6. Due to disorders of the internal organs in the chest and abdomen, the coordination of
the body
is limited mainly to routine action at home, such as eating and morning ablutions.
7. Due to disorders of the nervous system or nerves, the coordination of the body is
limited
mainly to routine action at home, such as eating and morning ablutions.
8. Due to a coexisting disorder of the above-mentioned parts of the body and the like, the
coordination of the body is limited mainly to routine action at home, such as eating and
– 73 –
morning ablutions.
Note: The word “above” used in the provision of 4 above means the part of the body closer to
the
heart from the joint concerned.
– 74 –
Arranged Tour Contract Section
Chapter 1 – General Provisions
Article 1 – Scope of Application
01.01. The Arranged Tour Contract to be concluded between our Company and the
Traveler shall be based on this Contract under the following terms and conditions. Any
matter not stipulated in this Contract shall be governed by ordinance or generally
established practice.
01.02. In cases where we conclude a Special Contract with the Traveler in writing
without violating the relevant law or harming the interests of the Traveler, such a
Special Contract shall be given priority, notwithstanding the provision of the preceding
Paragraph.
Article 2 – Definition of Terminology
02.01. In this Contract, “Arranged Tour Contract” shall mean the Contract under which
we undertake to make arrangements at the request of the Traveler by representing
him/her, or acting as his/her intermediary, or playing an introductory role for him/her,
so that he/she may be provided with services, such as transport and accommodation
offered by transport and accommodation facilities, etc., and other services related to
travel (hereinafter to be referred to altogether as the “Tour Service”).
02.02. In this Contract, “Inland Trip” shall mean trips planned for only inside Japan,
and “Overseas Trip” shall mean trips other than inland trips.
02.03. In this Contract, “Tour Price” shall mean the expense paid by our Company for
the transportation charge, accommodation charge and other expenses payable to the
transport and accommodation facilities, etc. to arrange the Tour Service, plus the
handling charge of the Tour Service that is set by us (excluding handling charges for
alterations and cancellation).
02.04. In this Section, “Communication Contract” shall mean the Arranged Tour
– 75 –
Contract, which is concluded with the card member of the credit card company affiliated
with our Company (hereinafter referred to as the “Affiliated Company”), by subscription
through telephone, mail, facsimile, or other means of communication, subject to prior
consent of the Traveler regarding the settlement of the credit obligation or liability held
by us, such as the Tour Price, etc., under the Arranged Contract on and after the due
date of such obligation or liability according to the separately provided card
membership rule of the Affiliated Company and also subject to payment of the Tour
Price, etc. by the method specified in 16.02 or 16.05 hereunder.
02.05. In this Section, “Electronically Consented Notice” shall mean a notice issued in
acceptance of the subscription for the Contract and transmitted by means of
transmission, among the methods utilizing information-communication technologies,
via telecommunication lines connecting the computer, facsimile, telex or telephone
(hereinafter referred to as the “Electronic Computer, etc.”) being used by us with the
Electronic Computer, etc. being used by the Traveler.
02.06. In this Contract, “Date Card Used” shall mean the date when the Traveler or our
Company is obligated to pay the Tour Price, etc. or execute refundable liability under
the Arranged Tour Contract.
Article 3 – Termination of Liability for Arrangements
03.01. When we have made arrangements for the Tour Service with the care of a good
manager, the fulfillment of our liability based on the Arranged Tour Contract shall
terminate. Therefore, even if contracts are not concluded with transport and
accommodation facilities, etc. due to such causes as capacity fully filled, shutdown,
inappropriate condition, etc., when we have fulfilled our obligations, the Traveler will be
required to pay to us the handling charge of the Tour Service (hereinafter to be referred
to as the “Handling Charge”). When the Transmission Contract has been concluded,
Date Card Used shall be construed to mean the date when we have informed the
Traveler that we have not been able to conclude with the transport and accommodation
facilities, etc. the contract requiring them to provide the Tour Service.
Article 4 – Surrogate Arranger
There are cases where we may engage other travel agents, professional arrangers, or
– 76 –
other helpers inside and outside Japan to make arrangements in whole or in part on our
behalf in the implementation of the Arranged Tour Contract.
Chapter 2 – Conclusion of the Contract
Article 5 – Subscription for the Contract
05.01. The Traveler intending to conclude an Arranged Tour Contract with us will be
required to fill in specified particulars on the application form prescribed by us and
submit it to us together with the Application Fee specified by us separately.
05.02. Notwithstanding the provision of the preceding Paragraph, the Traveler
intending to conclude a “Communication Contract” with us will be required to notify us
of his/her credit card membership number and the contents of the Tour Service to be
subscribed.
05.03. The Application Fee specified in 05.01 shall be treated as part of the money
payable to us by the Traveler, such as the Tour Price, Cancellation Charge, etc.
Article 6 – Refusal of the Conclusion of the Contract
06.01. We may not accept the conclusion of the Arranged Tour Contract in the following
instances:
(1) When there are inconveniences related to our business.
(2) If the Communication Contract is to be concluded, when the Traveler should become
unable to settle his/her liability related to the Tour Price, etc. in whole or in part
according to the membership rule of the Affiliated Company, due to such causes as the
credit card held by the Traveler has become invalid, etc.
Article 7 – Time of the Conclusion of the Contract
07.01. The Arranged Tour Contract shall be deemed to have been concluded when we
have accepted the conclusion of the Contract and have received the Application Fee
specified in 05.01.
– 77 –
07.02. Notwithstanding the provision of the preceding Paragraph, the Transmission
Contract shall be deemed to have been concluded when we have issued a notice to the
effect that we accept the application described in 05.02. However, in the case that an
Electronically Consented Notice is issued under the said Contract, the Contract shall be
deemed to have been concluded when the said notice has reached the Traveler.
Article 8 – Special Rule Related to the Conclusion of the Contract
08.01. Notwithstanding the provision of 05.01, there are cases where we will conclude
the Arranged Tour Contract merely by accepting the conclusion of the Contract under a
Special Contract entered into in writing without receiving payment of the Application
Fee.
08.02. In the case of the preceding Paragraph, the time of the conclusion of the
Arranged Tour Contract shall be clearly stated in the document described in the
preceding Paragraph.
Article 9 – Special Rule Related to the Transport Ticket and Accommodation
Coupon, etc.
09.01. Notwithstanding the provisions of 05.01 and the preceding Article, 08.01, there
are cases where we will accept subscription by word of mouth when the Arranged Tour
Contract, aimed only at the arrangement of transport services or accommodation
services, requires us to deliver a document indicating the right to receive the offering of
the said Tour Service in exchange for the Tour Price.
09.02. In the case of the preceding Paragraph, the Arranged Tour Contract shall be
deemed to have been concluded when we have accepted the conclusion of the Contract.
Article 10 – Contract Document
10.01. Promptly after the conclusion of the Arranged Tour Contract, we shall deliver to
the Traveler a document (hereinafter to be referred to as the “Contract Document”) that
describes particulars concerning the itinerary, contents of the Tour Service, the Tour
Price, other conditions of the Tour and our Company’s responsibility. There are cases,
– 78 –
however, where we do not deliver the said Contract Document when we deliver a
document indicating the right to receive the offering of all the Tour Service, such as
transport tickets, accommodation coupons and other services which we have arranged.
10.02. In cases where we have delivered the Contract Document described in the
preceding Paragraph, the scope of the Tour Service for which we are responsible for
making arrangements under the Arranged Tour Contract shall be as stated in the said
Contract Document.
Article 11 – Method to Use Information-Communication Technologies
11.01. When we have provided particulars to be entered in the said Document (to be
referred to as the “Particulars” in this Article) by means of utilizing
information-communication technologies, we shall confirm that the said Particulars
have been recorded on the file equipped in the communication equipment being used by
the Traveler.
11.02. In the case of the preceding Paragraph, when the file for recording the
Particulars is not equipped in the communication equipment being used by the Traveler,
we shall record the Particulars on the file equipped in the communication equipment
being used by our Company (limited to the file provided only for the exclusive use of the
Traveler) and confirm that the Traveler has viewed the Particulars.
Chapter 3 – Alteration and Cancellation of the Contract
Article 12 – Alteration of Contract Contents
12.01. The Traveler may request us to change the contents of the Arranged Tour
Contract, such as itinerary, contents of Tour Service, and other conditions of the
Arranged Tour Contract, etc., in which case we shall try to accommodate the Traveler’s
request as far as possible.
12.02. In cases where the contents of the Arranged Tour Contract are changed at the
request of the Traveler, the Traveler will be required to bear the cancellation charges
and penalty payable to the transport and accommodation facilities and other expenses
required for changing the arrangements at the time when the said arrangements
– 79 –
already completed are cancelled, and in addition, to pay to us the handling charge for
the change as prescribed by our Company. Furthermore, the increase or decrease of the
Tour Price arising from such changes of the Arranged Tour Contract Contents shall
belong to the Traveler.
Article 13 – Discretional Cancellation by the Traveler
13.01. The Traveler may cancel the Arranged Tour Contract in whole or in part at any
time.
13.02. When the Arranged Tour Contract has been cancelled under the provision of the
preceding Paragraph, the Traveler will be required to bear the expense paid in return
for the Tour Service already received or the cancellation charges, penalty and other
expenses payable to the transport and accommodation facilities for the Tour Service not
yet offered, and in addition, to pay to us the handling charge for the cancellation as
prescribed by our Company as well as the handling charge receivable by us.
Article 14 – Cancellation Due to Causes Attributable to the Traveler
14.01. We may cancel the Arranged Tour Contract in the following instances:
(1) If the Traveler does not pay the Tour Price by the due date specified.
(2) In cases where the Communication Contract has been concluded, when the Traveler
has become unable to settle his/her liability related to the Tour Price, etc. in whole or in
part according to the membership rule of the Affiliated Company, due to such causes as
the credit card held by the Traveler has become invalid.
14.02. When the Arranged Tour Contract has been cancelled under the provision of the
preceding Paragraph, the Traveler will be required to bear the cancellation charges and
penalty for the Tour Service not yet offered as well as other expenses already paid and
payable to the transport and accommodation facilities, and in addition, to pay to us the
handling charge for the cancellation as prescribed by our Company as well as the
handling charge receivable by us.
Article 15 – Cancellation Due to Causes Attributable to Our Company
– 80 –
15.01. When the arrangement for the Tour Service should become precluded due to
causes attributable to us, the Traveler may cancel the Arranged Tour Contract,
15.02. When the Arranged Tour Contract has been cancelled under the provision of the
preceding Paragraph, we shall reimburse to the Traveler the Tour Price already
received after deducting the expenses already paid to the transport and accommodation
facilities, etc. in return for the Tour Service already offered to the Traveler as well as the
expenses payable from now.
15.03. The provision of the preceding Paragraph shall not prevent the Traveler from
claiming compensation against us for the damage.
Chapter 4 – Tour Price
Article 16 – Tour Price
16.01. The Traveler will be required to pay the Tour Price no later than the period
prescribed by our Company prior to the start of the Tour.
16.02. When the Communication Contract has been concluded, we shall accept payment
of the Tour Price by using the card of the Affiliate Company without obtaining the
Traveler’s signature on the voucher prescribed by us, in which case the Date Card Used
shall be considered as the date when we have informed the Traveler of the contents of
the Tour Service determined by us.
16.03. There are cases where we may change the Tour Price prior to the start of the Tour
when changes in the Tour Price have occurred due to such causes as the revision of the
fares and charges by transport and accommodation facilities, changes in foreign
exchange rates, etc.
16.04. In the case of the preceding Paragraph, the increase or decrease of the Tour Price
shall belong to the Traveler.
16.05. In the case that, when we have concluded the Communication Contract with the
– 81 –
Traveler, expenses payable by the Traveler have accrued under the provisions of
Chapter 3 and Chapter 4, we shall receive payment of the said expenses by using the
card of the Affiliate Company without obtaining the Traveler’s signature on the
prescribed voucher. In this case, the Date Card Used shall be considered as the date
when we have informed the Traveler of the amount of the expenses payable to us by the
Traveler or the amount reimbursable by us to the Traveler. However, in cases where we
have cancelled the Arranged Tour Contract under the provision of Article 14, Paragraph
1 (2), the Traveler will be required to pay to us the expense, etc. payable to us by
him/her no later than the date set by us by the method prescribed by us.
Article 17 – Settlement of the Tour Price
17.01. In cases where the amount of the expenses paid by us to the transport and
accommodation facilities for arranging the Tour Service, which are to be borne by the
Traveler, plus the handling charge (hereinafter to be referred to altogether as the “Tour
Price Settled”) does not agree with the amount already received as the Tour Price, we
shall square the Tour Price promptly after the Tour finishes, in accordance with the
provisions of the following two Paragraphs.
17.02. If the Tour Price Settled exceeds the amount already received as the Tour Price,
the Traveler will be required to pay the difference to us.
17.03. If the Tour Price Settled falls below the amount already received as the Tour
Price, we shall reimburse the difference to the Traveler.
Chapter 5 – Arrangement for Organizations and Groups
Article 18 – Arrangement for Organizations and Groups
18.01. We shall apply the provisions of this Chapter to the conclusion of the Arranged
Tour Contract in cases where we have received subscriptions from two or more
Travelers who are to travel the same route at the same time by appointing a responsible
person to represent them (hereinafter referred to as the “Contract Representative”).
Article 19 – Contract Representative
– 82 –
19.01. Unless a Special Contract is made, we shall consider the Contract Representative
as the person holding all the power of representation concerning the conclusion of the
Arranged Tour Contract for the Travelers who compose his/her organization or group
(hereinafter referred to as the “Constituent Member”), and we shall handle with the
said Contract Representative transactions concerning the Tour business related to the
said organization or group and the business specified in 22.01 hereunder.
19.02. The Contract Representative will be required to submit a list of the Constituent
Members or inform us of the number of the Constituent Members on or before the date
set by us.
19.03. We shall not be held responsible for the liabilities or obligations which the
Contract Representative assumes to the Constituent Members at present or the
liabilities or obligations which the Contract Representative is expected to assume in the
future.
19.04. In cases where the Contract Representative does not accompany his/her
organization or group during the Tour, one of the Constituent Members appointed by
the Contract Representative beforehand shall be considered by us as the Contract
Representative after the start of the Tour.
Article 20 – Special Rule of the Conclusion of the Contract
20.01. When we conclude the Arranged Tour Contract with the Contract Representative,
there are cases where we accept the conclusion of the Arranged Tour Contract without
receiving payment of the Application Fee, notwithstanding the provision of Article 5,
Paragraph 1.
20.02. When we conclude the Arranged Tour Contract with the Contract Representative
without receiving payment of the Application Fee under the provision of the preceding
Paragraph, we shall deliver to the Contract Representative a Document written to that
effect, and the Arranged Tour Contract shall be considered to have been concluded when
we have delivered the said Document.
Article 21 – Changes by the Contract Representative
– 83 –
21.01. When the Contract Representative has expressed a wish to change some of the
Constituent Members, we shall accommodate his/her wish as far as possible.
21.02. The increase or decrease of the Tour Price arising from the change described in
the preceding Paragraph. as well as the expenses required for the said change shall
belong to the Constituent Members.
Article 22 – Escort Service
22.01. There are cases where we provide Escort Service at the request of the Contract
Representative by having a Tour Escort accompany his/her organization or group.
22.02. The contents of the Escort Service to be performed by the Tour Escort shall, in
principle, be the service required for conducting the Tour of his/her organization or
group as a group, according to the itinerary determined beforehand.
22.03. The Service Hours of the Tour Escort for offering the Escort Service shall, in
principle, be from 8:00 to 20:00 hours.
22.04. When we offer the Escort Service, the Contract Representative will be required to
pay to us the Escort Service Charge prescribed by us.
Chapter 6 – Responsibility
Article 23 – Responsibility of Our Company
23.01. In the course of implementing the Arranged Tour Contract, we shall be
responsible for compensating for the damage caused to the Traveler intentionally or
negligently by our Company or by our agent who has been engaged by us to make
arrangements on our behalf under the provision of Article 4 (hereinafter referred to as
the “Surrogate Arranger”), but only in cases where notice has been given to us within
two years from the day immediately following the day when the said damage occurred.
23.02. In cases where the Traveler has suffered damage due to causes beyond the
– 84 –
control of our Company or our Surrogate Arranger, such as act of providence, maelstrom
of war, civil commotion, suspension of Tour Services like transport and accommodation
facilities, orders from government and other public agencies, and others causes, we
shall not be held responsible for compensation except in the case of the preceding
Paragraph.
23.03. With regards to damage caused to baggage as described in Paragraph 1,
notwithstanding the provision of the said Paragraph, we shall make compensation up to
the limit of 150,000 as a maximum amount per Traveler (except in cases where the
said damage has been caused by us intentionally or due to our serious fault), only if we
have been notified of the said damage within 14 days in the case of inland trips and
within 21 days in the case of overseas trips, respectively, counted from the day
immediately following the day when the said damage occurred.
Article 24. – Responsibility of the Traveler
24.01. If we have suffered damage due to the willfulness or fault of the Traveler, the said
Traveler will be required to compensate us for the said damage.
24.02. When the Traveler concludes the Customized Tour Contract, the Traveler will be
required to make efforts to understand the contents of the Customized Tour Contract,
such as the right and obligation of the Traveler, etc., by utilizing the information
provided by us.
24.03. In order for the Traveler to smoothly receive the Tour Service described in the
Contract Document after the start of the Tour, the Traveler will be required to report
promptly to us or our Surrogate Arranger or the provider of the said Tour Service at the
Touring point if and when the Traveler should realize that the Tour Service is different
from the Contract Document that was offered.
Chapter 7 – Business Guarantee Bonds
(In Cases of Not Being a-Security Member of the Association of Travel
Agents)
Article 25 – Business Guarantee Bonds
– 85 –
25.01. The Traveler or the Constituent Member, who has concluded the Package Tour
Contract with us, is entitled to receive reimbursement from the Business Guarantee
Bonds deposited by us under the provision of Article 7, Paragraph 1 of the Travel
Agency Law in connection with the claim arising from the said transaction.
25.02. The name and place of the Deposit Office where we have deposited the Business
Guarantee Bonds is as follows:
(1) Name:
(2) Place:
Chapter 7 – Redemption Business Guarantee Bonds
(In Case of Security Member of the Association of Travel Agents)
Article 25 – Redemption of Business Guarantee Bonds
25.01. We are the Security Member of the (Name) Association of Travel
Agents (located at (Address) Tokyo) .
25.02. The Traveler or the Constituent Member, who has concluded the Package Tour
Contract with us, is entitled to receive reimbursement from the Redemption Business
Guarantee Bonds deposited by the Association of Travel Agents which is
described in the preceding Paragraph, up to the maximum amount of
yen.
25.03. As we have paid our share of the Redemption Business Guarantee Bonds to the
Association of Travel Agents in accordance with the provision of Article 22, Paragraph
10 (1) of the Travel Agency Law, we have not deposited the Business Guarantee Bonds
based on Article 7, Paragraph 1 of the Travel Agency Law.
– 86 –
Agent Contracts for Procedure for Going Abroad
Article 1 – Scope of Application
01.01. The Agent Contract for Procedure for Going Abroad to be concluded between our
Company and the Traveler shall be based on this Contract under the following terms
and conditions. Any matter not stipulated in this Contract shall be governed by
ordinance and generally established practice.
01.02. If we conclude a Special Contract with the Traveler in writing without violating
the relevant law or harming the interests of the Traveler, such a Special Contract shall
be given priority, notwithstanding the provision of the preceding Paragraph.
Article 2 – Traveler Concluding an Agent Contract for Procedure for Going Abroad
02.01. The Traveler with whom we conclude an Agent Contract for Procedure for Going
Abroad, shall be the Traveler who has concluded with us a Subscription Type Package
Tour, an Order-Taking Type Customized Tour or an Arranged Tour, or the Traveler who
has concluded a Subscription Type Package Tour from another Travel Agent with our
Company acting on their behalf by consignment.
Article 3 – Definition of an Agent Contract for Procedure for Going Abroad
03.01. In this Contract, “Agent Contract for Procedure for Going Abroad” shall mean the
Contract under which we undertake to perform the following services (hereinafter to be
referred to as the “Agent Service”) on consignment from the Traveler by contracting to
receive the Travel Agent Handling Charge (hereinafter to be referred to as the
“Overseas Travel Procedure Handling Charge”) for handling the procedure for overseas
travel on behalf of the Traveler:
(1) Procedure to obtain the passport, visa, re-entry permit and various certificates.
(2) Preparation of documents for immigration and re-entry formalities.
– 87 –
(3) Other services related to each of the preceding items (1) and (2).
Article 4 – Conclusion of the Contract
04.01. The Traveler, who intends to conclude an Agent Contract for Procedure for Going
Abroad with us, will be required to fill in specified particulars on the application form
prescribed by us and submit it to us.
04.02. An Agent Contract for Procedure for Going Abroad shall be considered to have
been concluded when we have accepted the conclusion of the Contract and have received
the application form described in the preceding Paragraph.
04.03. Notwithstanding the provisions of the preceding two Paragraphs, there are cases
where we will accept an application for an Agent Contract for Procedure for Going
Abroad by telephone, mail, facsimile, or other means of communication, without
receiving the submission of an application form, in which case the Agent Contract for
Procedure for Going Abroad shall be considered to have been concluded when we have
accepted the conclusion of the Contract.
04.04. There are cases where we will not accept the conclusion of an Agent Contract for
Procedure for Going Abroad when there are inconveniences related to our business.
04.05. We shall, promptly after the conclusion of an Agent Contract for Procedure for
Going Abroad, deliver to the Traveler a document describing the contents of the
consignment service (hereinafter to be referred to as the “Consignment Service”)
undertaken under the Agent Contract for Procedure for Going Abroad, including the
amount of the Overseas Travel Procedure Handling Charge, the method of receiving the
said Charge, our responsibility and other necessary particulars.
04.06.When we have provided the particulars to be described in the document concerned
(hereinafter to be referred to as the “Particulars”) by means of utilizing
information-communication technologies instead of delivering the document as
specified in the preceding Paragraph, we shall confirm that the Particulars have been
recorded on the file equipped in the communication equipment being used by the
Traveler.
– 88 –
04.07. In the case of the preceding Paragraph, when the communication equipment
being used by the Traveler is not equipped with the file for recording the Particulars, we
shall record the Particulars on the file equipped in the communication equipment being
used by us (limited to the file provided only for the exclusive use of the Traveler) and
confirm that the Traveler has viewed the said Particulars.
Article 5 – Confidentiality
05.01. We shall not leak to the other party any information obtained in the course of
implementing the Consignment Service.
Article 6 – Responsibility of the Traveler
06.01. The Traveler will be required to pay the Overseas Travel Procedure Handling
Charge by the date set by us.
06.02. The Traveler will be required to submit the documents required for the
Consignment Service, and other necessary material (hereinafter to be referred to as the
“Overseas Travel Procedure Documents, etc.) by the date set by us.
06.03. When we are required to pay charges for services, visa fees, expenses for
commission, and other charges (hereinafter to be referred to as the “Visa Fee, etc.”) to
government and public agencies as well as to foreign delegations in Japan and other
parties, the Traveler will be requested to pay the said Visa Fee, etc. to us by the date set
by us.
06.04. When mail expense, traveling expense, and other expenses have accrued in the
course of implementing the Consignment Service, the Traveler will be required to pay
the said expenses to us by the date set by us.
Article 7 – Cancellation of the Contract
07.01. The Traveler may cancel the Agent Contract for Procedure for Going Abroad in
whole or in part at any time.
07.02. The following are cases where we may cancel the Agent Contract for Procedure
– 89 –
for Going Abroad:
(1) When the Traveler does not submit the Overseas Travel Procedure Documents by the
prescribed date.
(2) When we recognize that there are flaws in the Overseas Travel Procedure
Documents submitted by the Traveler.
(3) When the Traveler does not pay the Overseas Travel Procedure Handling Charge,
Visa Fee, etc. and/or the expenses described in the preceding Article, Paragraph 4, by
the prescribed date.
(4) In the case that we have accepted to undertake the Agent Service described in
Article 3, Paragraph 1, when we recognize that the Traveler is very likely to become
unable to obtain the passport, visa, or reentry permit (hereinafter to be referred to as
the “Passport, etc.”) due to causes not attributable to us.
07.03. When the Agent Contract for Procedure for Going Abroad has been cancelled in
accordance with the provision of the preceding Paragraph, the Traveler will be required
to bear the Visa Fee, etc. and the expenses described in the preceding Article,
Paragraph 4, and to pay in addition the Overseas Travel Procedure Handling Charge to
us for the Consignment Service already implemented by us.
Article 8 – Responsibility of Our Company
08.01. When we have inflicted damage to the Traveler intentionally or negligently in the
course of implementing the Agent Contract for Procedure for Going Abroad, we shall be
responsible for compensating for the said damage, but only in cases where we have been
notified of the said damage within 6 months reckoned from the day immediately
following the day when the said damage has occurred.
08.02. We do not guarantee under the Agent Contract for Procedure for Going Abroad
that the Traveler would actually be able to obtain the passport, etc. and that he/she
would be permitted to enter and depart the countries concerned. Accordingly, we shall
not be held responsible even if the Traveler is unable to obtain the passport, etc. or to
enter or depart countries concerned, due to causes not attributable to us.
– 90 –
Travel Consulting Service Contract Section
Article 1 – Scope of Application
01.01. The Travel Consulting Service Contract to be concluded between our Company
and the Traveler shall be based on this Contract under the following terms and
conditions. Any matter not stipulated in this Contract shall be governed by ordinance or
generally established practice.
01.02. In case we conclude a Special Contract with the Traveler in writing without
violating the
relevant law or harming the interest of the Traveler, such a Special Contract shall be
given priority, notwithstanding the provision of the preceding Paragraph.
Article 2 – Definition of the Travel Consulting Service Contract
02.01. The “Travel Consulting Service Contract” shall mean in this Contract the
Contract under which we shall promise to undertake the implementation of the
following service at the request of the Traveler by receiving payment of the Travel
Service Handling Charge (hereinafter to be referred to as the Consulting Fee) in return
for consulting service.
(1) Advice necessary for the Traveler to prepare his/her travel plan
(2) Preparation of a travel plan
(3) Estimation of the expenses to be required for such a travel
(4) Offering of information concerning touring spots and transport/accommodation
facilities, etc.
(5) Offering of other advice and information necessary for travel
Article 3 – Conclusion of the Contract
– 91 –
03.01. The Traveler intending to conclude the Travel Consulting Service Contract with
us will be
required to submit to us an application form filled in with prescribed particulars.
03.02. The Travel Consulting Service Contract shall be considered to have been
concluded when we have accepted the conclusion of the said Contract and received the
application specified in the previous Paragraph.
03.03. Notwithstanding the provision of the preceding Paragraph, there are cases where
we accept an application for the Travel Consulting Service Contract by telephone, mail,
facsimile and other
means of communication, without submission of the application form, in which case the
Travel Consulting Service Contract shall be considered to have been concluded at the
time when we have accepted the conclusion of the said Contract.
03.04. There are cases where we do not accept the conclusion of the Travel Consulting
Service Contract when there is inconvenience related to our business or when the
contents of the Traveler’s
consultation are offensive to public order and morals or are likely to violate the
ordinance enforced in touring points.
Article 4 – Consulting Fee
04.01. When we have performed the service described in Article 2, the Traveler will be
required to
pay to us the Consulting Fee prescribed by us by the date set by us.
Article 5 – Responsibility of Our Company
05.01. We shall be held responsible for compensating for the damage, if any, which we
have inflicted on the Traveler intentionally or negligently, only in case we have been
notified of the said damage within 6 months reckoned from the date immediately
following the day when the said damage has occurred.
05.02. We do not guarantee that actual arrangement would be possible for the transport
– 92 –
and accommodation facilities, etc. which are described in the travel plan prepared by us.
Therefore, even
if it has become impossible to conclude contracts with the transport and accommodation
facilities, etc. for them to provide transport and accommodation and other travel-related
services, due to such causes as full occupancy, we shall not be held responsible for such
circumstances.