Arranged Travel Contracts
Chapter 1: General Provisions
Article 1 (Scope of Application)
Arranged Travel Contracts concluded between our company and travelers shall be governed by these Terms and Conditions. Matters not provided for in these Terms and Conditions shall be governed by applicable laws and regulations or generally established practice.
Where our company has, without violating any law or regulation and without disadvantage to the traveler, entered into a special written agreement, that special agreement shall take precedence over the preceding paragraph.
Article 2 (Definitions)
In these Terms and Conditions, an “Arranged Travel Contract” means a contract under which our company undertakes, at the traveler’s request, to arrange for the traveler to receive transportation, accommodation and other travel-related services provided by transportation, accommodation and other service providers (hereinafter “Travel Services”), by acting as agent, intermediary or broker for the traveler.
In these Terms and Conditions, “Domestic Travel” means travel within Japan only, and “Overseas Travel” means travel other than Domestic Travel.
In these Terms and Conditions, “Travel Fare” means the fares, accommodation charges and other costs payable to transportation, accommodation and other service providers in order for our company to arrange Travel Services, plus our company’s prescribed travel agency service fee (excluding the amendment handling fee and cancellation handling fee).
In this Part, a “Communication Contract” means an Arranged Travel Contract concluded upon receiving an application by telephone, mail, facsimile or other means of communication from a cardholder of a credit card company with which our company has a business tie-up (hereinafter the “Affiliated Company”), whereby the traveler consents in advance that our company’s claims or obligations relating to the Travel Fare, etc. arising from the Arranged Travel Contract will be settled, on or after the date such claim or obligation is to be performed, in accordance with the Affiliated Company’s separately-prescribed cardholder agreement, and whereby the Travel Fare, etc. will be paid by the method prescribed in Article 16, Paragraph 2 or 5.
In this Part, “Electronic Notice of Acceptance” means a notice of acceptance of an application for a contract, transmitted by a method using information and communications technology that connects the computer, facsimile machine, telex or telephone used by our company (hereinafter “Computer, etc.”) with the Computer, etc. used by the traveler via a telecommunications line.
In these Terms and Conditions, “Card Use Date” means the date on which the traveler or our company is to perform the obligation to pay or refund the Travel Fare, etc. under the Arranged Travel Contract.
Article 3 (Termination of the Arrangement Obligation)
When our company has arranged Travel Services with the care of a prudent manager, our company’s performance of its obligations under the Arranged Travel Contract shall be deemed complete. Accordingly, even where our company is unable to conclude a contract with a transportation, accommodation or other service provider for the provision of Travel Services due to full booking, business suspension, unsuitable conditions or other reasons, the traveler must pay our company’s prescribed travel agency service fee (hereinafter the “Service Fee”) if our company has fulfilled its obligations. Where a Communication Contract has been concluded, the Card Use Date shall be the date on which our company notifies the traveler that it was unable to conclude a contract for the provision of Travel Services with the transportation, accommodation or other service provider.
Article 4 (Arrangement Agents)
In performing an Arranged Travel Contract, our company may have all or part of the arrangements carried out on its behalf by another travel agency, a person who conducts arrangement business, or other assistant, whether located in Japan or overseas.
Chapter 2: Formation of the Contract
Article 5 (Application for the Contract)
A traveler who wishes to conclude an Arranged Travel Contract with our company must fill in the required information on our company’s prescribed application form and submit it to our company together with an application deposit in an amount separately prescribed by our company.
Notwithstanding the preceding paragraph, a traveler who wishes to conclude a Communication Contract with our company must notify our company of their membership number and the content of the Travel Services requested.
The application deposit set out in Paragraph 1 shall be treated as part of the Travel Fare, cancellation fee or other monies payable by the traveler to our company.
Article 6 (Refusal to Conclude a Contract)
Our company may decline to conclude an Arranged Travel Contract in the following cases:
1) Where there are business-related circumstances on our company’s part.
2) Where, in the case of a proposed Communication Contract, the traveler’s credit card is invalid or the traveler is otherwise unable to settle all or part of their obligations relating to the Travel Fare, etc. in accordance with the Affiliated Company’s cardholder agreement.
Article 7 (Time of Formation of the Contract)
An Arranged Travel Contract is formed when our company accepts the conclusion of the contract and receives the application deposit set out in Article 5, Paragraph 1.
Notwithstanding the preceding paragraph, a Communication Contract is formed when our company sends notice accepting the application set out in Article 5, Paragraph 2. However, where an Electronic Notice of Acceptance is to be sent for that contract, the contract is formed when the notice reaches the traveler.
Article 8 (Special Provisions on Formation of the Contract)
Notwithstanding Article 5, Paragraph 1, our company may, by written special agreement, form an Arranged Travel Contract solely by accepting the conclusion of the contract, without receiving payment of the application deposit.
In the case of the preceding paragraph, the time of formation of the Arranged Travel Contract shall be made clear in the document referred to in that paragraph.
Article 9 (Special Provisions on Tickets, Accommodation Vouchers, etc.)
Notwithstanding Article 5, Paragraph 1 and Paragraph 1 of the preceding article, our company may accept oral applications for Arranged Travel Contracts whose sole purpose is to arrange transportation services or accommodation services, and for which a document is issued evidencing the right to receive the relevant Travel Services in exchange for the Travel Fare.
In the case of the preceding paragraph, the Arranged Travel Contract is formed when our company accepts the conclusion of the contract.
Article 10 (Contract Document)
Promptly after an Arranged Travel Contract is formed, our company shall issue to the traveler a document (hereinafter the “Contract Document”) stating the travel itinerary, the content of the Travel Services, the Travel Fare and other travel conditions, and matters concerning our company’s liability. However, our company may not issue such a Contract Document where it issues, for all Travel Services it arranges, tickets, accommodation vouchers or other documents evidencing the right to receive the Travel Services.
Where the Contract Document referred to in the main text of the preceding paragraph has been issued, the scope of Travel Services that our company is obligated to arrange under the Arranged Travel Contract shall be as stated in that Contract Document.
Article 11 (Methods Using Information and Communications Technology)
Where our company has obtained the traveler’s prior consent, and in lieu of issuing the document stating the travel itinerary, the content of the Travel Services, the Travel Fare and other travel conditions, and matters concerning our company’s liability, that is to be issued to the traveler when concluding an Arranged Travel Contract, or in lieu of issuing the Contract Document, our company provides the matters to be stated in that document (hereinafter in this article, the “Stated Matters”) by a method using information and communications technology, our company shall confirm that the Stated Matters have been recorded in a file provided on the communication device used by the traveler.
In the case of the preceding paragraph, where the communication device used by the traveler is not equipped with a file for recording the Stated Matters, our company shall record the Stated Matters in a file provided on our company’s communication device (limited to one used exclusively for that traveler) and confirm that the traveler has viewed the Stated Matters.
Chapter 3: Amendment and Cancellation of the Contract
Article 12 (Amendment of Contract Content)
The traveler may request our company to amend the travel itinerary, the content of the Travel Services or other content of the Arranged Travel Contract. In this case, our company shall comply with the traveler’s request to the extent possible.
Where the content of the Arranged Travel Contract is amended at the traveler’s request under the preceding paragraph, the traveler must bear the cancellation fees, penalty fees and other costs required for the amendment of arrangements that are payable to the transportation, accommodation or other service providers in cancelling arrangements already completed, and must also pay our company’s prescribed amendment handling fee. In addition, any increase or decrease in the Travel Fare resulting from the amendment of the content of the Arranged Travel Contract shall be borne by or accrue to the traveler.
Article 13 (Voluntary Cancellation by the Traveler)
The traveler may cancel all or part of the Arranged Travel Contract at any time.
Where the Arranged Travel Contract is cancelled under the preceding paragraph, the traveler must, in addition to bearing the cancellation fees, penalty fees and other costs already paid or to be paid to the transportation, accommodation or other service providers as consideration for Travel Services already received by the traveler, or relating to Travel Services not yet received, pay our company the prescribed cancellation handling fee and the Service Fee our company would otherwise have earned.
Article 14 (Cancellation Due to Cause Attributable to the Traveler)
Our company may cancel the Arranged Travel Contract in the following cases:
1) Where the traveler fails to pay the Travel Fare by the prescribed date.
2) Where, in the case of a Communication Contract, the traveler’s credit card becomes invalid or the traveler otherwise becomes unable to settle all or part of their obligations relating to the Travel Fare, etc. in accordance with the Affiliated Company’s cardholder agreement.
Where the Arranged Travel Contract is cancelled under the preceding paragraph, the traveler must, in addition to bearing the cancellation fees, penalty fees and other costs already paid or to be paid to the transportation, accommodation or other service providers relating to Travel Services not yet received, pay our company the prescribed cancellation handling fee and the Service Fee our company would otherwise have earned.
Article 15 (Cancellation Due to Cause Attributable to Our Company)
The traveler may cancel the Arranged Travel Contract where it becomes impossible to arrange Travel Services due to a cause attributable to our company.
Where the Arranged Travel Contract is cancelled under the preceding paragraph, our company shall refund to the traveler the Travel Fare already received, excluding costs already paid or to be paid to the transportation, accommodation or other service providers as consideration for Travel Services already received by the traveler.
The preceding paragraph does not preclude the traveler from claiming damages against our company.
Chapter 4: Travel Fare
Article 16 (Travel Fare)
The traveler must pay the Travel Fare to our company by the time prescribed by our company prior to the start of the trip.
Where a Communication Contract has been concluded, our company shall receive payment of the Travel Fare using the Affiliated Company’s card without requiring the traveler’s signature on the prescribed slip. In this case, the Card Use Date shall be the date on which our company notifies the traveler of the finalized content of the Travel Services.
Prior to the start of the trip, our company may change the Travel Fare where a change in the Travel Fare arises due to a revision of fares or charges by the transportation, accommodation or other service providers, fluctuations in exchange rates, or other causes.
In the case of the preceding paragraph, any increase or decrease in the Travel Fare shall be borne by or accrue to the traveler.
Where our company has concluded a Communication Contract with the traveler and costs, etc. to be borne by the traveler arise under the provisions of Chapter 3 or Chapter 4, our company shall receive payment of such costs, etc. using the Affiliated Company’s card without requiring the traveler’s signature on the prescribed slip. In this case, the Card Use Date shall be the date on which our company notifies the traveler of the amount of costs, etc. payable by the traveler to our company, or the amount to be refunded by our company to the traveler. However, where our company has cancelled the Arranged Travel Contract under Article 14, Paragraph 1, Item 2, the traveler must pay the costs, etc. payable to our company by the date and using the payment method prescribed by our company.
Article 17 (Settlement of the Travel Fare)
Where the costs paid by our company to transportation, accommodation or other service providers in order to arrange Travel Services that are to be borne by the traveler, plus the Service Fee (hereinafter the “Settlement Travel Fare”), do not match the amount already received as the Travel Fare, our company shall, after completion of the trip, promptly settle the Travel Fare as set out in the following two paragraphs.
Where the Settlement Travel Fare exceeds the amount already received as the Travel Fare, the traveler must pay our company the difference.
Where the Settlement Travel Fare is less than the amount already received as the Travel Fare, our company shall refund the difference to the traveler.
Chapter 5: Group/Party Arrangements
Article 18 (Group/Party Arrangements)
The provisions of this Chapter shall apply to the conclusion of Arranged Travel Contracts applied for by multiple travelers travelling the same itinerary at the same time, who have designated a responsible representative (hereinafter the “Contracting Representative”).
Article 19 (Contracting Representative)
Except where a special agreement has been concluded, our company shall regard the Contracting Representative as having full authority to act as agent for the travelers comprising the group/party (hereinafter the “Members”) in concluding the Arranged Travel Contract, and shall conduct all travel-business-related transactions relating to that group/party, as well as the business set out in Article 22, Paragraph 1, with that Contracting Representative.
The Contracting Representative must, by the date prescribed by our company, submit to our company a roster of Members or notify our company of the number of Members.
Our company assumes no responsibility whatsoever for any obligation or duty that the Contracting Representative currently owes, or may in the future be expected to owe, to the Members.
Where the Contracting Representative does not accompany the group/party, our company shall, after the start of the trip, regard as the Contracting Representative any Member previously designated by the Contracting Representative for that purpose.
Article 20 (Special Provisions on Formation of the Contract)
Notwithstanding Article 5, Paragraph 1, when concluding an Arranged Travel Contract with the Contracting Representative, our company may accept the conclusion of the Arranged Travel Contract without receiving payment of the application deposit.
Where an Arranged Travel Contract is concluded under the preceding paragraph without receiving payment of the application deposit, our company shall issue to the Contracting Representative a document stating that fact, and the Arranged Travel Contract shall be formed at the time our company issues that document.
Article 21 (Change of Members)
Where the Contracting Representative requests a change of Members, our company shall comply with the request to the extent possible.
Any increase or decrease in the Travel Fare and any costs required for the change under the preceding paragraph shall be borne by or accrue to the Members.
Article 22 (Tour Conductor Services)
At the request of the Contracting Representative, our company may accompany the group/party with a tour conductor and provide tour conductor services.
The content of the tour conductor services provided by the tour conductor shall, in principle, be the work necessary to carry out group/party activities in accordance with the predetermined travel itinerary.
The hours during which the tour conductor provides tour conductor services shall, in principle, be from 8:00 a.m. to 8:00 p.m.
Where our company provides tour conductor services, the Contracting Representative must pay our company the prescribed tour conductor service fee.
Chapter 6: Liability
Article 23 (Our Company’s Liability)
Where, in performing an Arranged Travel Contract, our company or a person to whom our company has had arrangements carried out on its behalf under Article 4 (hereinafter an “Arrangement Agent”) causes damage to the traveler intentionally or negligently, our company shall be liable to compensate for that damage. However, this applies only where our company is notified of the damage within two years, calculated from the day following the day the damage occurred.
Except in the case of the preceding paragraph, our company shall not be liable to compensate for any damage suffered by the traveler due to a natural disaster, war, civil disturbance, suspension of the provision of Travel Services by a transportation, accommodation or other service provider, an order of a government agency, or other cause not attributable to our company or our company’s Arrangement Agent.
Notwithstanding Paragraph 1, our company shall, with respect to the damage set out in that paragraph arising in connection with baggage, compensate up to a limit of 150,000 yen per traveler (except where our company has been intentional or grossly negligent), and only where our company is notified of the damage within 14 days for Domestic Travel, or within 21 days for Overseas Travel, calculated from the day following the day the damage occurred.
Article 24 (Traveler’s Liability)
Where our company suffers damage due to the traveler’s intent or negligence, that traveler must compensate for the damage.
When concluding an Arranged Travel Contract, the traveler must make use of the information provided by our company and endeavor to understand the traveler’s rights and obligations and other content of the Arranged Travel Contract.
After the start of the trip, in order to smoothly receive the Travel Services stated in the Contract Document, if the traveler comes to believe that Travel Services different from those stated in the Contract Document have been provided, the traveler must promptly report that fact, at the travel destination, to our company, our company’s Arrangement Agent, or the relevant Travel Service provider.
Chapter 7: Compensation Business Bond
Article 25 (Compensation Business Bond)
Our company is a bonded member of the All Japan Travel Agents Association (4-1-20 Toranomon, Minato-ku, Tokyo).
A traveler or Member who has concluded an Arranged Travel Contract with our company may, with respect to claims arising from that transaction, receive compensation of up to 11,000,000 yen from the compensation business bond deposited by the aforementioned All Japan Travel Agents Association.
Our company has paid a compensation business bond contribution to the All Japan Travel Agents Association pursuant to Article 22-10, Paragraph 1 of the Travel Agency Act, and accordingly has not deposited a business security bond under Article 7, Paragraph 1 of that Act.