Conditions of Travel Agency Business
Chapter 1 - General Provisions
Article 1(Scope of Application)
- The Arranged Tour Contract (defined in Article 2) to be executed between our Company and the traveler shall be based on the general conditions set forth herein (hereinafter referred to as the "General Conditions"). Any matter not stipulated in the General Conditions shall be governed by ordinance or generally established practice.
- Notwithstanding the provisions of the preceding paragraph, where we execute a special contract (hereinafter referred to as the "Special Contract") with the traveler in writing without violating the relevant laws and harming the interests of the traveler, such a Special Contract shall be given priority.
Article 2(Definition of Terminology)
- In these Terms, "Arranged Tour Contract" means a contract under which we undertake to arrange travel services by acting as an agent, intermediary, or introducer on behalf of the traveler, so that the traveler can receive transportation, accommodation, and other travel-related services provided by transportation and accommodation providers (collectively, "Travel Services").
- In these Terms, "Domestic Trip" means travel only within Japan, and "Overseas Trip" means travel other than Domestic Trip.
- In these Terms, "Tour Price" means the costs we pay to transportation and accommodation providers (such as fares and lodging fees) in order to arrange Travel Services, plus our prescribed handling charges (excluding handling charges for alteration and cancellation procedures).
- In this Part, "Communication Contract" means an Arranged Tour Contract concluded with a card member of our affiliated credit card company (the "Affiliated Company") through telephone, mail, facsimile, internet, or other communication means, whereby the traveler agrees in advance that claims or liabilities related to Tour Price, etc. under the contract will be settled in accordance with the Affiliated Company's card membership rules on or after the due date, and the traveler pays Tour Price, etc. by the method specified in Article 16, paragraph 2 or 5.
- In these Terms, "Date Card Used" means the date on which the traveler or we must perform payment or refund obligations for Tour Price, etc. under the Arranged Tour Contract.
Article 3(Termination of Liability for Arrangements)
When we have arranged Travel Services with the due care of a prudent manager, our obligations under the Arranged Tour Contract are deemed fulfilled. Therefore, even if we cannot conclude a contract with transportation/accommodation providers due to full occupancy, closure, unsuitable conditions, or similar reasons, the traveler must pay our prescribed travel handling charge ("Handling Charge") if we have fulfilled our duty. Where a Communication Contract is executed, the Date Card Used shall be the date we notify the traveler that we could not conclude such service contract.
Article 4(Reservation Agents)
In performing the Arranged Tour Contract, we may entrust all or part of the arrangements to other travel agents, professional arrangers, or other assistants inside or outside Japan.
Chapter 2 - Execution of the Contract
Article 5(Subscription for the Contract)
- A traveler wishing to conclude an Arranged Tour Contract with us must fill in the required items on our prescribed application form and submit it to us together with the application fee separately specified by us.
- Notwithstanding the preceding paragraph, a traveler wishing to conclude a Communication Contract with us must notify us of their membership number and the details of the Travel Services to be requested.
- The application fee in paragraph 1 shall be treated as part of the Tour Price, cancellation fees, and other monies payable by the traveler to us.
Article 6(Refusal of the Execution of the Contract)
We may refuse to conclude an Arranged Tour Contract in any of the following cases.
- Where a Communication Contract is to be concluded and the traveler cannot settle part or all obligations related to Tour Price, etc. in accordance with the Affiliated Company's card membership rules (for example, because the traveler's credit card is invalid).
- Where the traveler is found to be an organized crime group member, associate member, related person/company, corporate racketeer, or other antisocial force.
- Where the traveler makes violent or unjust demands, uses threatening words/actions or violence in connection with transactions, or engages in equivalent conduct against us.
- Where the traveler damages our credibility or obstructs our business by spreading rumors, using fraudulent means, exerting force, or engaging in equivalent conduct.
- Where there are other operational reasons on our side.
Article 7(Time of the Execution of the Contract)
- The Arranged Tour Contract shall be formed when we accept conclusion of the contract and receive the application fee set forth in Article 5, paragraph 1.
- Notwithstanding the preceding paragraph, a Communication Contract shall be formed when notice of our acceptance of the application under Article 5, paragraph 2 reaches the traveler.
Article 8(Special Rules Related to the Execution of the Contract)
- Notwithstanding Article 5, paragraph 1, under a written special agreement we may form an Arranged Tour Contract solely by accepting the contract without receiving payment of the application fee.
- In the case of the preceding paragraph, the timing of formation of the Arranged Tour Contract shall be specified in the written document referred to above.
Article 9(Special Rules Related to Tickets and Accommodation Coupons, etc.)
- Notwithstanding Article 5, paragraph 1 and the preceding article, paragraph 1, for an Arranged Tour Contract solely for arranging transportation or accommodation services where we issue a document showing the right to receive such services in exchange for the Tour Price, we may accept oral applications.
- In the case of the preceding paragraph, the Arranged Tour Contract shall be formed when we accept conclusion of the contract.
Article 10(Contract Document)
- Promptly after formation of the Arranged Tour Contract, we provide the traveler with a document describing itinerary, Travel Services, Tour Price, other travel conditions, and matters regarding our responsibility (the "Contract Document"). However, if we provide documents (tickets, accommodation coupons, etc.) indicating the right to receive all arranged Travel Services, we may omit issuance of the Contract Document.
- Where we have issued the Contract Document under the main text of the preceding paragraph, the scope of Travel Services we are obligated to arrange under the Arranged Tour Contract shall be as stated in that document.
Article 11(Method of Utilizing Telecommunication Technology)
- With the traveler's prior consent, instead of delivering the document/Contract Document describing itinerary, Travel Services, Tour Price, other conditions, and our responsibility, we may provide those required particulars ("Described Details" in this Article) using information and communication technology. In such case, we confirm that the Described Details have been recorded in a file on the traveler's communication device.
- In the case of the preceding paragraph, if the traveler's communication device has no file for recording the Described Details, we record them in a file on our communication device (limited to exclusive use for that traveler) and confirm that the traveler has viewed them.
Chapter 3 - Alteration and Cancellation of the Contract
Article 12(Alteration of Content of Contract)
- A traveler may request changes to itinerary, Travel Services, or other content of the Arranged Tour Contract. In such case, we will accommodate the request to the extent possible.
- When changing the Arranged Tour Contract at the traveler's request under the preceding paragraph, the traveler must bear cancellation fees, penalties, and other costs required for changing completed arrangements, and must also pay our prescribed alteration handling charge. Any increase or decrease in Tour Price resulting from such change belongs to the traveler.
Article 13(Discretionary Cancellation by the Traveler)
- A traveler may cancel the Arranged Tour Contract in whole or in part at any time.
- If the Arranged Tour Contract is cancelled under the preceding paragraph, the traveler must bear consideration for Travel Services already received, and cancellation fees, penalties, and other expenses already paid or to be paid to transportation/accommodation providers for services not yet received, and must also pay our prescribed cancellation handling charge and the handling charge we would otherwise have earned.
Article 14(Cancellation Due to Causes Attributable to the Traveler)
- We may cancel the Arranged Tour Contract in the following cases:
1) If the traveler does not pay the Tour Price by the prescribed due date.
2) If a Communication Contract has been concluded and the traveler becomes unable to settle part or all obligations related to Tour Price in accordance with the Affiliated Company's card membership rules (for example, the traveler's credit card becomes invalid).
3) If the traveler is found to fall under any of Article 6, items 2 through 4. - If the Arranged Tour Contract is cancelled under the preceding paragraph, the traveler must bear cancellation fees, penalties, and other expenses already paid or to be paid to transportation/accommodation providers for Travel Services not yet received, and must also pay our prescribed cancellation handling charge and the handling charge we would otherwise have earned.
Article 15(Cancellation Due to Causes Attributable to Our Company)
- If arranging Travel Services becomes impossible due to causes attributable to us, the traveler may cancel the Arranged Tour Contract.
- If the Arranged Tour Contract is cancelled under the preceding paragraph, we refund to the traveler the Tour Price already received, excluding expenses already paid or to be paid to transportation/accommodation providers as consideration for Travel Services already received by the traveler.
- The preceding paragraph does not preclude the traveler from claiming damages against us.
Chapter 4 - Tour Price
Article 16(Tour Price)
- The traveler must pay the Tour Price to us by the period designated by us before the start of travel.
- When a Communication Contract is concluded, we receive payment of the Tour Price through the Affiliated Company's card without obtaining the traveler's signature on a prescribed voucher. In this case, the Date Card Used is the date on which we notify the traveler of the finalized Travel Service details.
- Before travel starts, if Tour Price changes due to fare/charge revisions by transportation/accommodation providers, exchange rate fluctuations, or other reasons, we may change the Tour Price.
- In the case of the preceding paragraph, any increase or decrease in Tour Price shall belong to the traveler.
- If we conclude a Communication Contract with the traveler and expenses payable by the traveler arise under Chapter 3 or Chapter 4, we receive payment of those expenses through the Affiliated Company's card without obtaining the traveler's signature on a prescribed voucher. In this case, the Date Card Used is the date on which we notify the traveler of the payable amount to us or the refundable amount from us. However, if we cancel the Arranged Tour Contract pursuant to Article 14, paragraph 1, item 2, the traveler must pay the payable expenses by our specified due date and payment method.
Article 17(Settlement of Tour Price)
- If the total of expenses paid by us to arrange Travel Services that should be borne by the traveler plus handling charges ("Settled Tour Price") does not match the amount already received as Tour Price, we promptly settle the Tour Price after the trip in accordance with the following two paragraphs.
- If the Settled Tour Price exceeds the amount already received as Tour Price, the traveler must pay the difference to us.
- If the Settled Tour Price is less than the amount already received as Tour Price, we refund the difference to the traveler.
Chapter 5 - Arrangement for Organizations and Groups
Article 18(Arrangement for Organizations and Groups)
We apply this Chapter where multiple travelers traveling the same itinerary at the same time apply for an Arranged Tour Contract by appointing a responsible representative ("Contract Representative").
Article 19(Contract Representative)
- Unless otherwise specially agreed, we deem the Contract Representative to have full authority to represent all travelers composing the organization/group ("Constituent Members") in concluding Arranged Tour Contracts, and we conduct transactions relating to travel business for that organization/group and the operations in Article 22, paragraph 1 with the Contract Representative.
- The Contract Representative must submit a list of Constituent Members or notify us of their number by the date designated by us.
- We bear no responsibility for liabilities or obligations that the Contract Representative currently owes or is expected to owe to Constituent Members in the future.
- If the Contract Representative does not accompany the organization/group, after travel starts we regard a Constituent Member designated in advance by the Contract Representative as the Contract Representative.
Article 20(Special Rules for the Execution of the Contract)
- When concluding an Arranged Tour Contract with the Contract Representative, notwithstanding Article 5, paragraph 1, we may accept conclusion of the contract without receiving payment of the application fee.
- Where an Arranged Tour Contract is concluded without receiving the application fee under the preceding paragraph, we issue a document stating that fact to the Contract Representative, and the Arranged Tour Contract is formed when we issue that document.
Article 21(Change of Constituent Members)
- If the Contract Representative requests a change of Constituent Members, we will accommodate it to the extent possible.
- Any increase/decrease in Tour Price and costs required for changes under the preceding paragraph belong to the Constituent Members.
Article 22(Escort Service)
- At the request of the Contract Representative, we may provide escort services by assigning a tour escort to accompany the organization/group.
- As a rule, escort services performed by the tour escort consist of duties necessary for group actions according to the prearranged itinerary.
- As a rule, the time period during which escort services are provided is from 8:00 to 20:00.
- When we provide escort services, the Contract Representative must pay our prescribed escort service fee.
Chapter 6 - Responsibility
Article 23(Responsibility of Our Company)
- In performing the Arranged Tour Contract, if we or a party entrusted under Article 4 ("Reservation Agent") causes damage to a traveler by willful misconduct or negligence, we are responsible for compensation. However, this applies only if notice is given to us within two years from the day after the damage occurred.
- If a traveler suffers damage due to force majeure, war, riots, suspension of Travel Services by transportation/accommodation providers, orders by public authorities, or other causes beyond the involvement/control of us or our Reservation Agent, we are not liable for compensation except as provided in the preceding paragraph.
- Regarding baggage damage under paragraph 1, notwithstanding that paragraph, we compensate up to JPY 150,000 per traveler (except in cases of our willful misconduct or gross negligence) only when we are notified within 14 days for domestic travel or 21 days for overseas travel, counting from the day after the damage occurred.
Article 24(Responsibility of the Traveler)
- If we suffer damage due to a traveler's willful misconduct or negligence, that traveler must compensate for the damage.
- When concluding an Arranged Tour Contract, the traveler must make efforts to understand the content of the contract, including rights and obligations, by utilizing information provided by us.
- After travel starts, in order to smoothly receive Travel Services described in the Contract Document, if the traveler recognizes that services different from the Contract Document have been provided, the traveler must promptly report this at the travel destination to us, our Reservation Agent, or the relevant service provider.
Chapter 7 - Compensation Business Guarantee Bonds
Article 25(Compensation Business Guarantee Bonds)
- We are a security member of the Japan Association of Travel Agents (3-3-3 Kasumigaseki, Chiyoda-ku, Tokyo).
- A traveler or Constituent Member who has concluded an Arranged Tour Contract with us may receive reimbursement for claims arising from that transaction from compensation business guarantee bonds deposited by the Japan Association of Travel Agents under the preceding paragraph, up to JPY 70 million.
- Because we have paid our share of compensation business guarantee bonds to the Japan Association of Travel Agents pursuant to Article 49, paragraph 1 of the Travel Agency Act, we have not deposited business guarantee bonds pursuant to Article 7, paragraph 1 of the same Act.
(Submission of Complaint)
If a complaint concerning travel services with us cannot be resolved between the parties, the traveler may file an application with the association below to seek assistance in resolution.
| Name | Japan Association of Travel Agents |
|---|---|
| Address | 3-3-3 Kasumigaseki, Chiyoda-ku, Tokyo |
| Phone | (03)3592-1266 |
