Part on Arranged Travel Contract

JP / EN

Chapter 1: General Provisions

Scope of Application

Article 1

1. All Arranged Travel Contracts that are concluded by the Company with travelers are subject to the provisions of these Terms and Conditions. Any matters not specified in these Terms and Conditions are subject to law or generally established custom.
2. Any special agreement concluded by the Company with a traveler without violating any law and to the extent not prejudicing the traveler prevails over these Terms and Conditions, notwithstanding the provisions of the preceding paragraph.

Definitions of Terms

Article 2

1. For the purpose of these Terms and Conditions, the term “Arranged Travel Contract” means a contract whereby the Company, at the request of the traveler, undertakes to make arrangements so that the traveler will be able to receive transportation, accommodation, and other travel-related services provided by transportation, accommodation, and other service providers (hereinafter collectively referred to as “Travel Services”), by acting as an agent, intermediary, or broker for the traveler or by other means.
2. For the purpose of these Terms and Conditions, the term “Domestic Travel” means travel within Japan only, and the term “Overseas Travel” means any travel other than Domestic Travel.
3. For the purpose of these Terms and Conditions, the term “Travel Fees” means the fares, accommodation charges, and other costs and expenses to be paid by the Company to the relevant transportation, accommodation, and other service providers, plus the travel service handling fees (excluding change processing fees and cancellation processing fees) prescribed by the Company.
4. For the purpose of this Part, the term “Correspondence Contract” means an Arranged Travel Contract: (i) which is concluded by the Company with a card member of a credit card company partnered with the Company (hereinafter referred to as a “Partner Company”) in response to an application made by phone, mail, facsimile, the Internet, or any other means of communication; and (ii) whereby the traveler (a) acknowledges in advance that the Company will settle its claims against, or obligations to, the traveler with respect to the Travel Fees and the like under the Arranged Travel Contract on or after the due date for the claims or obligations pursuant to the applicable card membership terms of the Partner Company separately established and (b) will pay the Travel Fees and the like in the manner set forth in Article 16, paragraph 2 or 5 below.
5. For the purpose of these Terms and Conditions, the term “Card Use Date” means a date on which the traveler or the Company is obliged to perform its obligation to pay or refund, as the case may be, the Travel Fees and the like under an Arranged Travel Contract.

Completion of the Obligation to Make Arrangements

Article 3

The Company’s performance of its obligations under an Arranged Travel Contract is completed upon the Company’s having made arrangements for the Travel Services by exercising the due care of a prudent manager. Therefore, even if the Company is unsuccessful in concluding contracts with transportation, accommodation, or other service providers for the provision of the Travel Services due to non-availability, suspension of operation, unmet conditions, or for any other reason, the traveler must pay to the Company the travel service handling fees prescribed by the Company (hereinafter referred to as “Handling Fees”), as long as the Company has fulfilled its obligations. Where a Correspondence Contract is concluded, the Card Use Date shall be the date on which the Company notifies the traveler that the Company is unsuccessful in concluding contracts for the provision of the Travel Services with transportation, accommodation, or other service providers.

Arrangement Agent

Article 4

In its performance of an Arranged Travel Contract, the Company may have all or part of the relevant arrangements made by another travel agency, or a person engaged in the business of such arrangements, or any other assistant on behalf of the Company.

Chapter 2: Formation of a Contract

Application for a Contract

Article 5

1. A traveler who intends to conclude an Arranged Travel Contract with the Company must complete an application form prescribed by the Company and submit the completed form to the Company together with the application fee separately set by the Company.
2. Notwithstanding the provisions of the preceding paragraph, a traveler who intends to conclude a Correspondence Contract with the Company must notify the Company of his/her membership number and the details of the Travel Services that he/she intends to request of the Company.
3. The application fee referred to in paragraph 1 above will be handled as part of the Travel Fees, cancellation fee, or any other money payable by the traveler to the Company.

Refusal to Conclude a Contract

Article 6

The Company may choose not to agree to conclude an Arranged Travel Contract in any of the following events:

(1) if the traveler intends to conclude a Correspondence Contract and if all or part of the traveler’s obligations with respect to the Travel Fees and the like cannot be settled pursuant to the card membership terms of the Partner Company because the traveler’s credit card is invalid or for other reason;
(2) if the traveler is found to be a member or quasi-member of an organized crime group, an organized crime group-associated person or company, a corporate extortionist (sokaiya) or any other antisocial force;
(3) if the traveler makes violent or unreasonable demands to the Company, or uses threatening behavior or violence with regard to any transaction, or commits any act similar to any of the above;
(4) if the traveler commits any act that damages the Company’s reputation or interferes with the Company’s business by the spreading of rumors, by fraud or forcible interference, or commits any act similar to any of the above; or
(5) if otherwise the Company chooses not to conclude the contract for its own business reasons.

Time of Formation of a Contract

Article 7

1. An Arranged Travel Contract shall be formed when the Company agrees to conclude the contract and accepts the application fee as referred to in Article 5, paragraph 1 above.
2. Notwithstanding the provisions of the preceding paragraph, a Correspondence Contract shall be formed when the Company’s notice of acceptance of the traveler’s application, made under Article 5, paragraph 2 above, reaches the traveler.

Special Provisions on the Formation of a Contract

Article 8

1. Notwithstanding the provisions of Article 5, paragraph 1 above, the Company may, by special agreement in writing, allow an Arranged Travel Contract to be formed solely by agreeing to conclude the contract without receiving payment of the application fee.
2. In the case of the preceding paragraph, the time of formation of the Arranged Travel Contract is specified in the writing referred to in the preceding paragraph.

Special Provisions on Tickets, Accommodation Coupons, etc.

Article 9

1. Notwithstanding the provisions of Article 5, paragraph 1 above or paragraph 1 of the preceding Article, the Company may accept an oral application for an Arranged Travel Contract which only covers arrangements for transportation services or accommodation services and whereby the Company will deliver documents representing the rights to receive the relevant Travel Services in exchange for the Travel Fees.
2. In the case of the preceding paragraph, the time of formation of the Arranged Travel Contract is specified in the documents referred to in the preceding paragraph.

Contract Documents

Article 10

1. Promptly after the formation of an Arranged Travel Contract, the Company will deliver to the traveler documents containing the itinerary, details of the Travel Services, the amount of Travel Fees and other terms and conditions of the travel, and information on the Company’s responsibility and liability (hereinafter referred to as “Contract Documents”). However, the Company may not deliver such Contract Documents if the Company delivers tickets, accommodation coupons, and/or other documents representing the rights to receive Travel Services for all of the Travel Services to be arranged by the Company.
2. Where Contract Documents have been delivered as set forth in the first sentence of the preceding paragraph, the scope of the Travel Services for which the Company is obligated to make arrangements under the Arranged Travel Contract is subject to the provisions of the Contract Documents.

Means Using Information-Communication Technology

Article 11

1. Where the Company, instead of delivering documents which contain the itinerary, details of the Travel Services, the amount of Travel Fees and other terms and conditions of the travel, and information on the Company’s responsibility and liability, and which would otherwise be delivered to the traveler when the Company intends to conclude an Arranged Travel Contract, or instead of delivering Contract Documents, provides the traveler with information required to be contained in the such documents or Contract Documents (hereinafter referred to as “Required Information” in this Article) by means using information-communication technology with the prior consent of the traveler, the Company will check that the Required Information has been recorded in a file on the communication device used by the traveler.
2. In the case of the preceding paragraph, if the communication device used by the traveler has no file for recording the Required Information, the Company will record the Required Information in a file (which must be made available exclusively to the traveler) on a communication device used by the Company and will check that the traveler has read the Required Information.

Chapter 3: Amendment and Termination of a Contract

Amendment of Contract Terms

Article 12

1. The traveler may request that the Company amend the itinerary, the details of the Travel Services, or other terms of the Arranged Travel Contract. In such case, the Company will meet the traveler’s request to the extent possible.
2. If the terms of the Arranged Travel Contract are amended at the request of the traveler under the preceding paragraph, the traveler shall be responsible for the cancellation charges and penalties payable to the relevant transportation, accommodation, and/or other service providers for cancelling the arrangements already completed and all other costs and expenses incurred in changing the arrangements, and must also pay to the Company the applicable change processing fees prescribed by the Company. Any increase or decrease in the amount of Travel Fees caused by the amendment of the terms of the Arranged Travel Contract shall be attributed to the traveler.

Voluntary Cancellation by the Traveler

Article 13

1. The traveler is entitled to cancel all or part of the Arranged Travel Contract at any time.
2. If the Arranged Travel Contract is cancelled pursuant to the provisions of the preceding paragraph, the traveler shall be responsible for the cancellation charges and penalties and all other costs and expenses already paid or to be paid in the future to the relevant transportation, accommodation, and/or other service providers in consideration of the Travel Services already provided to the traveler or with respect to the Travel Services that have not yet been provided to the traveler, and must also pay to the Company the cancellation processing fees prescribed by the Company and the Handling Fees that would otherwise be received by the Company.

Termination Attributable to the Traveler

Article 14

1. The Company may terminate an Arranged Travel Contract in any of the following events:
(1) if the traveler fails to pay the Travel Fees on or before the prescribed due date;ư
(2) where a Correspondence Contract has been concluded and if all or part of the traveler’s obligations with respect to the Travel Fees and the like cannot be settled pursuant to the card membership terms of the Partner Company because the traveler’s credit card has become invalid or for any other reason; or
(3) if any of items (2) through (4) of Article 6 above is found to apply to the traveler.
2. If the Arranged Travel Contract is terminated pursuant to the provisions of the preceding paragraph, the traveler shall be responsible for the cancellation charges and penalties and all other costs and expenses already paid or required to be paid in the future to the relevant transportation, accommodation, and/or other service providers with respect to the Travel Services that have not yet been provided to the traveler, and must also pay to the Company the cancellation processing fees prescribed by the Company and the Handling Fees that would otherwise be received by the Company.

Termination Attributable to the Company

Article 15

1. If it becomes impossible to arrange for the Travel Services due to any cause attributable to the Company, the traveler is entitled to terminate the Arranged Travel Contract.
2. If the Arranged Travel Contract is terminated pursuant to the provisions of the preceding paragraph, the Company will refund to the traveler the Travel Fees already received by the Company after deducting the costs and expenses already paid or required to be paid in the future to the relevant transportation, accommodation, and/or other service providers in consideration of the Travel Services already provided to the traveler.
3. The provisions of the preceding paragraph do not preclude the traveler from claiming damages from the Company.

Chapter 4: Travel Fees

Travel Fees

Article 16.

1. The traveler must pay the Travel Fees to the Company prior to the start of the travel and no later than the due date set by the Company.
2. Where a Correspondence Contract is concluded, the Company will receive payment of the Travel Fees by credit card of the relevant Partner Company, without the traveler’s signature on the prescribed form. In such case, the Card Use Date shall be the date on which the Company notifies the traveler of the details of the Travel Services finalized by the Company.
3. If the amount of any of the Travel Fees changes prior to the start of the travel due to any revision in fares or charges set by the relevant transportation, accommodation, or other service provider, or fluctuations in exchange rates or any other cause, the Company may change the amount of the relevant Travel Fee.
4. In the case of the preceding paragraph, any increase or decrease in the amount of Travel Fees shall be attributed to the traveler.
5. Where the Company has concluded a Correspondence Contract with the traveler and if any expense or the like arises for which the traveler is responsible under the provisions of Chapter 3 or 4, then the Company will receive payment of the expense or the like by credit card of the relevant Partner Company, without the traveler’s signature on the prescribed form. In such case, the Card Use Date shall be the date on which the Company notifies the traveler of the amount of the expense or the like required to be paid by the traveler to the Company or to be refunded by the Company to the traveler. However, in the event of termination of the Arranged Travel Contract by the Company under the provisions of Article 14, paragraph 1, item (2) above, the traveler must pay the expense or the like payable by the traveler to the Company by such payment method no later than such due date as prescribed by the Company.

Adjustment of Travel Fees

Article 17

1. In the event of inconsistency between (i) the amount of costs and expenses which were paid by the Company to the relevant transportation, accommodation, and/or other service providers in order to arrange for the Travel Services and for which the traveler shall be responsible, plus the amount of Handling Fees (hereinafter collectively referred to as “Adjustable Travel Fees”) and (ii) the amount already received by the Company as the Travel Fees, the Company will adjust the Travel Fees promptly after completion of the travel pursuant to the provisions of the following paragraph and paragraph 3 below.
2. If the amount of Adjustable Travel Fees exceeds the amount already received as the Travel Fees, the traveler must pay the difference to the Company.
3. If the amount of Adjustable Travel Fees is less than the amount already received as the Travel Fees, the Company will refund the difference to the traveler.

Chapter 5: Group Arrangements

Group Arrangements

Article 18

The provisions of this Chapter govern the conclusion of an Arranged Travel Contract applied for by multiple travelers who intend to travel the same route at the same time by appointing their responsible representative (hereinafter referred to as the “Contract Representative”).

Contract Representative

Article 19

1. Unless a special agreement is concluded, the Company deems the Contract Representative to be authorized to act on behalf of all travelers constituting the group (hereinafter referred to as “Members”) in concluding the Arranged Travel Contract, and all transactions related to the services for travel for the group and the services set forth in Article 22, paragraph 1 below for the group will be conducted between the Company and the Contract Representative.
2. The Contract Representative must submit a list of Members to the Company or notify the Company of the number of Members no later than the date specified by the Company.
3. The Company assumes no responsibility for any liabilities or obligations actually owed or expected to be owed in the future by the Contract Representative to the Members.
4. If the Contract Representative is not accompanying the group, then once the travel has started, the Company will deem one of the Members, appointed in advance by the Contract Representative, to be the Contract Representative.

Special Provisions on the Formation of a Contract

Article 20

1. When the Company concludes an Arranged Travel Contract with the Contract Representative, the Company may agree to conclude the Arranged Travel Contract without receiving payment of the application fee, notwithstanding the provisions of Article 5, paragraph 1 above.
2. If the Company concludes an Arranged Travel Contract without receiving payment of the application fee under the provisions of the preceding paragraph, the Company shall deliver a document to that effect to the Contract Representative, and the Arrangement Travel Contract shall be formed upon the Company’s delivery of the document.

Change of Members

Article 21

1. If the Company receives a request for a change of the Members from the Contract Representative, the Company will meet the request to the extent possible.
2. Any increase or decrease in the amount of Travel Fees caused by the change referred to in the preceding paragraph, and the expenses incurred in such change, shall be attributed to the Members.

Tour Conducting Services

Article 22

1. At the request of the Contract Representative, the Company may provide tour conducting services by having a tour conductor(s) accompany the group.
2. The tour conducting services to be provided by the tour conductor(s) shall in principle consist of such services as are necessary for the group to engage in their group activities during the prescribed itinerary.
3. The hours during which the tour conductor(s) will provide tour conducting services shall in principle be from 8:00 to 20:00.
4. Where the Company provides tour conducting services, the Contract Representative shall pay the prescribed tour conducting service fees to the Company.

Chapter 6: Liability

Liability of the Company

Article 23

1. If, in the course of performance of an Arranged Travel Contract, the Company or any person who made arrangements on behalf of the Company under the provisions of Article 4 (hereinafter referred to as the “Arrangement Agent”) causes damage to the traveler, the company will accept liability for compensation for such damage. However, this is subject to notification to the Company within a period of two (2) years commencing on the date immediately following the occurrence of the damage.
2. If any damage is incurred by the traveler due to an act of God, war or riot, or any suspension of the provision of Travel Services by transportation, accommodation, or other service providers, or an order of a public agency, or any other cause in which the Company or its Arrangement Agent (if any)cannot be involved, the Company will not accept liability for compensation for such damage except where the preceding paragraph applies.
3. Notwithstanding the provisions of paragraph 1 above, any damage which is incurred by luggage and to which the same paragraph applies will be compensated for by the Company only if the Company receives notification within a period of fourteen (14) days in case of a Domestic Travel or twenty-one (21) days in case of an Overseas Travel, in each case commencing on the date immediately following the occurrence of the damage, and up to one hundred and fifty thousand Japanese yen (\150,000) per traveler (unless there was intent or gross negligence on the part of the Company).

Liability of the Traveler

Article 24

1. If any damage is incurred by the Company due to intent or negligence on the part of the traveler, the traveler must compensate the Company for such damage.
2. When concluding an Arranged Travel Contract, the traveler must strive to understand his/her rights and obligations and other terms and conditions of the Arranged Travel Contract by utilizing information provided by the Company.
3. In order to smoothly receive the Travel Services stated in the Contract Documents, should the traveler find that any Travel Service that is inconsistent with the Contract Documents has been provided after the start of the travel, the traveler must promptly notify the Company or its Arrangement Agent (if any) or the provider of the relevant Travel Service thereof at the travel destination.

Chapter 7: Business Security Deposit

Business Security Deposit

Article 25

1. The traveler or Members who have concluded an Arranged Travel Contract with the Company are entitled to receive payment for their claims arising from their transaction from the business security deposit deposited by the Company under the provisions of Article 7, paragraph (1) of the Travel Agency Act.
2. The name and address of the depository to which the business security deposit has been deposited by the Company is as follows:
(1) Name: Tokyo Legal Affairs Bureau
(2) Address: Kudan Dai 2 Godo Chosha, 1-1-15 Kudanminami, Chiyoda-ku, Tokyo

(Updated on April 01, 2020)