Travel Procedure Agency Contracts
Travel Procedure Agency Contracts
Article 1 (Scope of Application)
Travel Procedure Agency 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 (Travelers Who May Conclude a Travel Procedure Agency Contract)
Travelers with whom our company concludes a Travel Procedure Agency Contract shall be travelers who have concluded a Package Tour Contract, a Custom-Ordered Package Tour Contract or an Arranged Travel Contract with our company, or travelers for whom our company has concluded a contract as agent with respect to a Package Tour of another travel agency that our company has been entrusted with.
Article 3 (Definition of a Travel Procedure Agency Contract)
In these Terms and Conditions, a “Travel Procedure Agency Contract” means a contract under which our company undertakes, at the traveler’s request and in exchange for a travel agency service fee for the agency work (hereinafter the “Travel Procedure Agency Fee”), to perform the following services (hereinafter “Agency Services”):
1) Procedures relating to obtaining passports, visas, re-entry permits and various certificates
2) Preparation of immigration and emigration procedure documents
3) Other services related to the preceding items
Article 4 (Formation of the Contract)
A traveler who wishes to conclude a Travel Procedure Agency Contract with our company must fill in the required information on our company’s prescribed application form and submit it to our company.
A Travel Procedure Agency Contract is formed when our company accepts the conclusion of the contract and receives the application form set out in the preceding paragraph.
Notwithstanding the preceding two paragraphs, our company may accept an application for a Travel Procedure Agency Contract by telephone, mail, facsimile or other means of communication without receiving submission of an application form. In this case, the Travel Procedure Agency Contract is formed when our company accepts the conclusion of the contract.
Our company may decline to conclude a Travel Procedure Agency Contract where there are business-related circumstances on our company’s part.
Promptly after a Travel Procedure Agency Contract is formed, our company shall issue to the traveler a document stating the content of the Agency Services undertaken under that Travel Procedure Agency Contract (hereinafter the “Entrusted Services”), the amount of the Travel Procedure Agency Fee, the method of its collection, our company’s liability, and other necessary matters.
Where our company has obtained the traveler’s prior consent, and in lieu of issuing the document referred to in the preceding paragraph, 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.
Article 5 (Confidentiality Obligation)
Our company shall not disclose to any third party any information learned in the course of performing the Entrusted Services.
Article 6 (Traveler’s Obligations)
The traveler must pay the Travel Procedure Agency Fee by the date prescribed by our company.
The traveler must submit to our company, by the date prescribed by our company, the documents, materials and other items necessary for the Entrusted Services (hereinafter “Travel Procedure Documents, etc.”).
Where, in performing the Entrusted Services, our company must pay a fee, visa fee, agency fee or other charge (hereinafter “Visa Fee, etc.”) to a Japanese government agency, a foreign diplomatic mission in Japan, or other party, the traveler must pay our company that Visa Fee, etc. by the date prescribed by our company.
Where postage, transportation costs or other expenses arise in the course of performing the Entrusted Services, the traveler must pay our company those expenses by the date prescribed by our company.
Article 7 (Cancellation of the Contract)
The traveler may cancel all or part of the Travel Procedure Agency Contract at any time.
Our company may cancel the Travel Procedure Agency Contract in the following cases:
1) Where the traveler fails to submit the Travel Procedure Documents, etc. by the prescribed date.
2) Where our company determines that the Travel Procedure Documents, etc. submitted by the traveler are incomplete or deficient.
3) Where the traveler fails to pay the Travel Procedure Agency Fee, the Visa Fee, etc., or the expenses set out in Paragraph 4 of the preceding article, by the prescribed date.
4) Where, in the case our company has undertaken the Agency Services set out in Article 3, Item 1, our company determines that there is an extremely high likelihood that the traveler will be unable to obtain a passport, visa or re-entry permit (hereinafter “Passport, etc.”) for reasons not attributable to our company.
Where the Travel Procedure Agency Contract is cancelled under either of the preceding two paragraphs, the traveler must, in addition to bearing the Visa Fee, etc. already paid and the expenses set out in Paragraph 4 of the preceding article, pay our company the Travel Procedure Agency Fee relating to the Entrusted Services our company has already performed.
Article 8 (Our Company’s Liability)
Where, in performing a Travel Procedure Agency Contract, our company 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 six months, calculated from the day following the day the damage occurred.
Our company does not guarantee, by virtue of the Travel Procedure Agency Contract, that the traveler will actually be able to obtain a Passport, etc., or that entry into or exit from the relevant country will be permitted. Accordingly, our company shall not be liable for reasons not attributable to our company, even where the traveler is unable to obtain a Passport, etc., or entry into or exit from the relevant country is not permitted.