Package Tour Contracts (Appendix) Special Compensation Provisions

Chapter 1: Payment of Compensation, etc.

Article 1 (Our Company’s Payment Liability)

Where a traveler participating in a Package Tour conducted by our company suffers bodily injury during participation in that Package Tour due to a sudden and accidental external event (hereinafter an “Accident”), our company shall pay the traveler or their statutory heir death compensation, permanent disability compensation, hospitalization condolence money and outpatient condolence money (hereinafter “Compensation, etc.”) in accordance with the provisions of this Chapter through Chapter 4.

The injury set out in the preceding paragraph includes acute poisoning symptoms arising from the accidental and sudden inhalation, absorption or ingestion of toxic gas or toxic substances from outside the body (excluding poisoning symptoms arising from continuous inhalation, absorption or ingestion). However, this does not include bacterial food poisoning.

Article 2 (Definitions)

In these Provisions, a “Package Tour” means one as defined in Article 2, Paragraph 1 of the Package Tour Contracts Part and Article 2, Paragraph 1 of the Custom-Ordered Package Tour Contracts Part of the Standard Travel Agency Terms and Conditions.

In these Provisions, “during participation in a Package Tour” means the period from the time the traveler begins receiving the first transportation, accommodation or other service in the Package Tour itinerary provided by way of tickets, etc. arranged in advance by our company for the purpose of the traveler’s participation in the Package Tour, until the time the traveler completes receiving the last such service. However, where a traveler leaves the predetermined Package Tour itinerary and has notified our company in advance of the scheduled dates and times of departure from and return to the itinerary, the period from departure until the scheduled time of return shall be treated as “during participation in the Package Tour”; and where the traveler departs from the itinerary without notifying our company in advance of the scheduled dates and times of departure and return, or departs with no scheduled return, the period from that departure until the return, or the entire period from that departure onward, shall not be treated as “during participation in the Package Tour.” In addition, where the Package Tour itinerary designates a day (based on local standard time at the travel destination) on which the traveler will not receive any service from a transportation, accommodation or other provider arranged by our company, and the Contract Document clearly states that fact and that no compensation or condolence money under these Provisions will be paid for damage suffered by the traveler due to an Accident occurring on that day, that day shall not be treated as “during participation in the Package Tour.”

“The time the traveler begins receiving a service” in the preceding paragraph means whichever of the following times applies:

1) Where a tour conductor, our company’s employee or agent conducts reception procedures, the time such reception procedures are completed.

2) Where the reception procedures in the preceding item are not conducted, and the first transportation or accommodation provider, etc. is:

a) An aircraft: the time boarding procedures are completed.

b) A vessel: the time boarding procedures are completed.

c) A railway: the time ticket gate procedures are completed, or, where there is no ticket gate, the time of boarding the train.

d) A vehicle: the time of boarding.

e) An accommodation provider: the time of entering that facility.

f) A facility other than an accommodation provider: the time procedures for using that facility are completed.

“The time the traveler completes receiving a service” in Paragraph 2 means whichever of the following times applies:

1) Where a tour conductor, our company’s employee or agent announces dismissal, the time of that announcement.

2) Where the announcement of dismissal in the preceding item is not made, and the last transportation or accommodation provider, etc. is:

a) An aircraft: the time of leaving the airport premises accessible only to passengers.

b) A vessel: the time of disembarkation.

c) A railway: the time ticket gate procedures are completed, or, where there is no ticket gate, the time of alighting from the train.

d) A vehicle: the time of alighting.

e) An accommodation provider: the time of leaving that facility.

f) A facility other than an accommodation provider: the time of leaving that facility.

Chapter 2: Cases Where Compensation, etc. Is Not Paid

Article 3 (Cases Where Compensation, etc. Is Not Paid — Part 1)

Our company shall not pay Compensation, etc. for injury arising from any of the following causes:

1) The traveler’s intentional act. However, this does not apply to injury suffered by a person other than that traveler.

2) The intentional act of a person entitled to receive death compensation. However, where that person is entitled to receive only part of the death compensation, this does not apply to the amount payable to other persons.

3) The traveler’s act of suicide, criminal act or act of fighting. However, this does not apply to injury suffered by a person other than that traveler.

4) An accident occurring while the traveler was driving a motor vehicle or motorized bicycle without the driving qualification required by law, or while intoxicated to a degree likely to impair normal driving ability. However, this does not apply to injury suffered by a person other than that traveler.

5) An accident occurring while the traveler was intentionally committing an act in violation of laws and regulations, or while receiving a service provided in violation of laws and regulations. However, this does not apply to damage suffered by a person other than that traveler.

6) The traveler’s cerebral disease, illness or loss of mental capacity. However, this does not apply to injury suffered by a person other than that traveler.

7) The traveler’s pregnancy, childbirth, premature birth, miscarriage, surgical operation or other medical treatment. However, this does not apply where such treatment is for injury that our company is obligated to compensate.

8) An accident occurring while the traveler was undergoing execution of a criminal sentence, or was detained or imprisoned.

9) War, use of armed force by a foreign country, revolution, seizure of power, civil war, armed rebellion or other similar event, or a riot (in these Provisions, meaning a state in which public order is seriously disturbed, nationally or in part of the country, by the actions of a crowd or a large group of people, and which is recognized as a serious situation from the standpoint of maintaining public safety).

10) Radioactivity, explosiveness or other harmful properties of nuclear fuel material (including spent fuel; the same applies hereinafter) or matter contaminated by nuclear fuel material (including nuclear fission products), or an accident resulting from such properties.

11) An accident occurring incidentally to the causes set out in the preceding two items, or an accident occurring based on a disturbance of order accompanying such causes.

12) Radiation exposure or radioactive contamination other than as set out in Item 10.

Regardless of cause, our company shall not pay Compensation, etc. for cervical spine syndrome (so-called “whiplash”) or lower back pain for which there are no objective symptoms.

Article 4 (Cases Where Compensation, etc. Is Not Paid — Part 2)

In the case of a Package Tour for the purpose of Domestic Travel, our company shall not pay Compensation, etc., in addition to the cases set out in the preceding article, for injury arising from any of the following causes:

1) Earthquake, volcanic eruption or tsunami.

2) An accident occurring incidentally to the cause set out in the preceding item, or an accident occurring based on a disturbance of order accompanying that cause.

Article 5 (Cases Where Compensation, etc. Is Not Paid — Part 3)

Our company shall not pay Compensation, etc. for injury listed in the following items unless the relevant activity is included in the Package Tour itinerary prescribed in advance by our company. However, where the activity in an item is included in that itinerary, our company shall also pay Compensation, etc. for injury arising from the same type of activity occurring during participation in the Package Tour but outside the itinerary.

1) Injury occurring while the traveler is engaged in an activity set out in Appendix Table 1.

2) Injury occurring while the traveler is engaged in a race, competition, exhibition (including practice for any of these) or trial run (meaning driving or operation for the purpose of a performance test) using a motor vehicle, motorized bicycle or motorboat. However, our company shall pay Compensation, etc. for injury occurring while engaged in these activities using a motor vehicle or motorized bicycle on a public road, even if not included in the Package Tour itinerary.

3) Injury occurring while the traveler is piloting an aircraft other than one operated by an air carrier on a fixed route (whether a scheduled or non-scheduled flight).

Chapter 3: Types and Amounts of Compensation, etc.

Article 6 (Payment of Death Compensation)

Where a traveler suffers injury as set out in Article 1 and dies as the direct result thereof within 180 days from the date of the Accident, our company shall pay the traveler’s statutory heir, as death compensation, 25,000,000 yen per traveler for a Package Tour for the purpose of Overseas Travel, or 15,000,000 yen for a Package Tour for the purpose of Domestic Travel (hereinafter the “Compensation Amount”). However, where permanent disability compensation has already been paid to that traveler, our company shall pay the remaining amount after deducting the amount already paid from the Compensation Amount.

Article 7 (Payment of Permanent Disability Compensation)

Where a traveler suffers injury as set out in Article 1 and, as the direct result thereof, suffers a permanent disability (meaning a serious functional impairment that cannot be recovered in the future, or the loss of part of the body, remaining after the injury causing it has healed; the same applies hereinafter) within 180 days from the date of the Accident, our company shall pay the traveler, as permanent disability compensation, an amount obtained by multiplying the Compensation Amount by the percentage set out in the applicable item of Appendix Table 2, per traveler.

Notwithstanding the preceding paragraph, where the traveler is still in a condition requiring treatment more than 180 days after the date of the Accident, our company shall determine the degree of permanent disability based on a physician’s diagnosis on the 181st day from the date of the Accident, and pay the permanent disability compensation accordingly.

For a permanent disability not listed in any item of Appendix Table 2, our company shall determine the amount of permanent disability compensation according to the degree of bodily impairment, in accordance with the classifications in the items of Appendix Table 2, regardless of the traveler’s occupation, age, social position, etc. However, our company shall not pay permanent disability compensation for an impairment that does not reach the functional impairment set out in Appendix Table 2, Item 1(3), 1(4), 2(3), 4(4) or 5(2).

Where two or more types of permanent disability arise from the same Accident, our company shall apply each of the preceding three paragraphs to each disability and pay the total amount. However, for the permanent disabilities of an arm (arm and hand) or leg (leg and foot) set out in Item 7, 8 and 9 of Appendix Table 2, the permanent disability compensation per limb shall be limited to 60% of the Compensation Amount.

The amount of permanent disability compensation payable by our company under the preceding paragraphs shall be limited to the Compensation Amount, per traveler per Package Tour.

Article 8 (Payment of Hospitalization Condolence Money)

Where a traveler suffers injury as set out in Article 1 and, as the direct result thereof, becomes unable to engage in ordinary work or ordinary life and is hospitalized (meaning that, where medical treatment by a physician is necessary and treatment at home or elsewhere is difficult, the traveler is admitted to a hospital or clinic and devotes themselves to treatment under the constant supervision of a physician; the same applies hereinafter in this article), our company shall pay the traveler hospitalization condolence money for the number of days of hospitalization (hereinafter “Days of Hospitalization”) in accordance with the following classifications:

1) For a Package Tour for the purpose of Overseas Travel:

a) Injury involving 180 or more Days of Hospitalization: 400,000 yen

b) Injury involving 90 or more but fewer than 180 Days of Hospitalization: 200,000 yen

c) Injury involving 7 or more but fewer than 90 Days of Hospitalization: 100,000 yen

d) Injury involving fewer than 7 Days of Hospitalization: 40,000 yen

2) For a Package Tour for the purpose of Domestic Travel:

a) Injury involving 180 or more Days of Hospitalization: 200,000 yen

b) Injury involving 90 or more but fewer than 180 Days of Hospitalization: 100,000 yen

c) Injury involving 7 or more but fewer than 90 Days of Hospitalization: 50,000 yen

d) Injury involving fewer than 7 Days of Hospitalization: 20,000 yen

Even where a traveler is not hospitalized, if the traveler falls under any item of Appendix Table 3 and receives treatment from a physician, the period during which the traveler is in that condition shall, for the purposes of the preceding paragraph, be deemed Days of Hospitalization.

Where our company is to pay both hospitalization condolence money and death compensation, or both hospitalization condolence money and permanent disability compensation, for the same traveler, our company shall pay the total of those amounts.

Article 9 (Payment of Outpatient Condolence Money)

Where a traveler suffers injury as set out in Article 1 and, as the direct result thereof, experiences difficulty engaging in ordinary work or ordinary life and receives outpatient treatment (meaning that, where medical treatment by a physician is necessary, the traveler visits a hospital or clinic and receives treatment from a physician (including a house call); the same applies hereinafter in this article), and the number of days of such treatment (hereinafter “Days of Outpatient Treatment”) reaches 3 or more, our company shall pay the traveler outpatient condolence money for that number of days in accordance with the following classifications:

1) For a Package Tour for the purpose of Overseas Travel:

a) Injury involving 90 or more Days of Outpatient Treatment: 100,000 yen

b) Injury involving 7 or more but fewer than 90 Days of Outpatient Treatment: 50,000 yen

c) Injury involving 3 or more but fewer than 7 Days of Outpatient Treatment: 20,000 yen

2) For a Package Tour for the purpose of Domestic Travel:

a) Injury involving 90 or more Days of Outpatient Treatment: 50,000 yen

b) Injury involving 7 or more but fewer than 90 Days of Outpatient Treatment: 25,000 yen

c) Injury involving 3 or more but fewer than 7 Days of Outpatient Treatment: 10,000 yen

Even where a traveler does not receive outpatient treatment, if our company determines that, as a result of continuously wearing a cast or similar device on a physician’s instructions to immobilize the injured part such as a fracture, the traveler has experienced significant difficulty engaging in ordinary work or ordinary life, the period during which the traveler is in that condition shall, for the purposes of the preceding paragraph, be deemed Days of Outpatient Treatment.

Our company shall not pay outpatient condolence money for outpatient treatment occurring after the injury has healed to the point where it no longer causes difficulty engaging in ordinary work or ordinary life.

In no case shall our company pay outpatient condolence money for outpatient treatment occurring more than 180 days after the date of the Accident.

Where our company is to pay both outpatient condolence money and death compensation, or both outpatient condolence money and permanent disability compensation, for the same traveler, our company shall pay the total of those amounts.

Article 10 (Special Provisions on Payment of Hospitalization and Outpatient Condolence Money)

Where, for the same traveler, both the Days of Hospitalization and the Days of Outpatient Treatment are each 1 day or more, our company shall, notwithstanding the preceding two articles, pay only whichever of the following condolence money amounts is larger (or, if equal, the amount set out in Item 1):

1) The hospitalization condolence money payable by our company for the Days of Hospitalization.

2) The outpatient condolence money payable by our company for the number of days obtained by adding the Days of Hospitalization to the Days of Outpatient Treatment (excluding days during the period for which our company is to pay hospitalization condolence money), treating that combined number of days as the Days of Outpatient Treatment.

Article 11 (Presumption of Death)

Where an aircraft or vessel on which the traveler was aboard has been missing, or has been in distress, and the traveler is still not found after 30 days have elapsed, it shall be presumed that the traveler died from the injury set out in Article 1 on the date the aircraft or vessel went missing or was in distress.

Article 12 (Adjustment for Pre-existing Conditions)

Where the injury set out in Article 1 becomes more serious due to the influence of a bodily disability or illness that already existed at the time the traveler suffered that injury, or due to the influence of an injury or illness arising after the traveler suffered that injury and unrelated to the accident that caused it, our company shall determine and pay the amount that would correspond to the case where there was no such influence.

Chapter 4: Procedures for Occurrence of an Accident and Claims for Compensation, etc.

Article 13 (Requests for Explanation, etc. Concerning the Degree of Injury)

Where a traveler suffers the injury set out in Article 1, our company may request the traveler or the person entitled to receive death compensation to explain the degree of the injury, an outline of the accident that caused it, and other matters, or may request a medical examination of the traveler or an examination of the body. In this case, the traveler or the person entitled to receive death compensation must cooperate with such requests.

Where the traveler or the person entitled to receive death compensation suffers the injury set out in Article 1 due to a cause of which our company is unaware, that person must report to our company the degree of the injury, an outline of the accident that caused it, and other matters, within 30 days from the date of that accident.

Where the traveler or the person entitled to receive death compensation, without justifiable reason recognized by our company, violates either of the preceding two paragraphs, or fails to disclose a fact known to them, or discloses a false fact, in the course of such explanation or report, our company shall not pay Compensation, etc.

Article 14 (Claims for Compensation, etc.)

Where the traveler or the person entitled to receive death compensation wishes to receive payment of Compensation, etc., that person must submit to our company our company’s prescribed claim form for Compensation, etc., together with the following documents:

1) In the case of a claim for death compensation:

a) A copy of the traveler’s family register, and a copy of the family register and a certificate of seal registration of the statutory heir.

b) An accident certificate from a public authority (or, where unavoidable, from a third party).

c) The traveler’s death certificate or autopsy report.

2) In the case of a claim for permanent disability compensation:

a) A certificate of seal registration of the traveler.

b) An accident certificate from a public authority (or, where unavoidable, from a third party).

c) A physician’s diagnosis certifying the degree of permanent disability.

3) In the case of a claim for hospitalization condolence money:

a) An accident certificate from a public authority (or, where unavoidable, from a third party).

b) A physician’s diagnosis certifying the degree of injury.

c) Certification documents from the hospital or clinic stating the Days of Hospitalization or Days of Outpatient Treatment.

4) In the case of a claim for outpatient condolence money:

a) An accident certificate from a public authority (or, where unavoidable, from a third party).

b) A physician’s diagnosis certifying the degree of injury.

c) Certification documents from the hospital or clinic stating the Days of Hospitalization or Days of Outpatient Treatment.

Our company may request the submission of documents other than those set out in the preceding paragraph, or permit the omission of some of the documents to be submitted under that paragraph.

Where the traveler or the person entitled to receive death compensation violates Paragraph 1, or fails to disclose a fact known to them, or discloses a false fact, with respect to the documents submitted, our company shall not pay Compensation, etc.

Article 15 (Subrogation)

Even where our company has paid Compensation, etc., any right to claim damages from a third party that the traveler or their heir holds with respect to the injury suffered by the traveler shall not transfer to our company.

Chapter 5: Personal Effects Damage Compensation

Article 16 (Our Company’s Payment Liability)

Where a traveler participating in a Package Tour conducted by our company suffers damage to their own personal belongings (hereinafter “Covered Items”) due to an accidental event occurring during participation in that Package Tour, our company shall pay personal effects damage compensation (hereinafter “Damage Compensation”) in accordance with the provisions of this Chapter.

Article 17 (Cases Where Damage Compensation Is Not Paid)

Our company shall not pay Damage Compensation for damage arising from any of the following causes:

1) The traveler’s intentional act. However, this does not apply to damage suffered by a person other than that traveler.

2) The intentional act of a relative sharing the same household as the traveler. However, this does not apply where the purpose was not to cause the traveler to receive Damage Compensation.

3) The traveler’s act of suicide, criminal act or act of fighting. However, this does not apply to damage suffered by a person other than that traveler.

4) An accident occurring while the traveler was driving a motor vehicle or motorized bicycle without the driving qualification required by law, or while intoxicated to a degree likely to impair normal driving ability. However, this does not apply to damage suffered by a person other than that traveler.

5) An accident occurring while the traveler was intentionally committing an act in violation of laws and regulations, or while receiving a service provided in violation of laws and regulations. However, this does not apply to damage suffered by a person other than that traveler.

6) Seizure, requisition, confiscation, destruction or other exercise of public authority by a national or public entity. However, this excludes measures taken as necessary for firefighting or evacuation.

7) A defect in a Covered Item. However, this excludes a defect that could not have been discovered even with reasonable care by the traveler or the person managing the Covered Item on the traveler’s behalf.

8) Natural wear, rust, mold, discoloration, damage by rodents, insect damage, etc. of a Covered Item.

9) Damage that is merely superficial and does not impair the function of the Covered Item.

10) Leakage of a Covered Item that is a liquid. However, this does not apply to resulting damage to other Covered Items.

11) A Covered Item being left behind or lost.

12) A cause set out in Article 3, Paragraph 1, Items 9 through 12.

In the case of a Package Tour for the purpose of Domestic Travel, our company shall not pay Damage Compensation, in addition to the cases set out in the preceding paragraph, for damage arising from any of the following causes:

1) Earthquake, volcanic eruption or tsunami.

2) An accident occurring incidentally to the cause set out in the preceding item, or an accident occurring based on a disturbance of order accompanying that cause.

Article 18 (Covered Items and Their Scope)

Covered Items are limited to the traveler’s own personal belongings that the traveler carries with them during participation in the Package Tour.

Notwithstanding the preceding paragraph, the following items are not included as Covered Items:

1) Cash, checks, other negotiable instruments, revenue stamps, postage stamps and other similar items.

2) Credit cards, coupons, air tickets, passports and other similar items.

3) Manuscripts, design documents, drawings, account books and other similar items (including those recorded on media that can be directly processed by information equipment (computers and their peripheral devices, terminals, etc.), such as magnetic tape, magnetic disks, CD-ROMs and optical discs).

4) Vessels (including yachts, motorboats and boats), motor vehicles, motorized bicycles and their accessories.

5) Mountaineering equipment, exploration equipment and other similar items.

6) Dentures, prosthetic limbs, contact lenses and other similar items.

7) Animals and plants.

8) Other items separately designated in advance by our company.

Article 19 (Amount of Damage and Amount of Damage Compensation Payable)

The amount of damage for which our company is to pay Damage Compensation (hereinafter the “Amount of Damage”) shall be determined based on whichever is lower: the value of the Covered Item at the place and time the damage occurred, or the total of the repair costs necessary to restore the Covered Item to its condition immediately before the damage occurred plus the costs set out in Paragraph 3 of the following article.

Where the Amount of Damage for a single item or pair of Covered Items exceeds 100,000 yen, our company shall apply the preceding paragraph by deeming the Amount of Damage for that item to be 100,000 yen.

The amount of Damage Compensation payable by our company shall be limited to 150,000 yen per traveler per Package Tour. However, our company shall not pay Damage Compensation where the Amount of Damage does not exceed 3,000 yen per traveler per accident.

Article 20 (Prevention of Damage, etc.)

Where a traveler becomes aware that damage as set out in Article 16 has occurred to a Covered Item, the traveler must perform the following:

1) Endeavor to prevent or mitigate the damage.

2) Notify our company without delay of the degree of the damage, an outline of the accident that caused it, and whether there is an insurance contract covering the Covered Item that suffered the damage.

3) Where the traveler is entitled to receive compensation for the damage from another person, take the procedures necessary to exercise that right.

Where the traveler, without justifiable reason, violates Item 1 of the preceding paragraph, our company shall deem the Amount of Damage to be the amount remaining after deducting the amount that could reasonably have been prevented or mitigated; where the traveler violates Item 2 of that paragraph, our company shall not pay Damage Compensation; and where the traveler violates Item 3 of that paragraph, our company shall deem the Amount of Damage to be the amount remaining after deducting the amount that could reasonably have been received through the exercise of the right that should have been acquired.

Our company shall pay the following costs:

1) Of the costs required for the prevention or mitigation of damage set out in Paragraph 1, Item 1, those that our company recognizes as necessary or beneficial.

2) Costs necessary for the procedures set out in Paragraph 1, Item 3.

Article 21 (Claims for Damage Compensation)

Where the traveler wishes to receive payment of Damage Compensation, the traveler must submit to our company our company’s prescribed claim form for Damage Compensation, together with the following documents:

1) An accident certificate from a police station or a substitute third party.

2) Documents certifying the degree of damage to the Covered Item.

3) Other documents required by our company.

Where the traveler violates the preceding paragraph, or intentionally makes a false statement with respect to the documents submitted, or forges or alters such documents (the same applies where the traveler causes a third party to do so), our company shall not pay Damage Compensation.

Article 22 (Where an Insurance Contract Exists)

Where there is an insurance contract under which insurance proceeds are payable for the damage set out in Article 16, our company may reduce the amount of Damage Compensation payable by our company.

Article 23 (Subrogation)

Where, with respect to damage for which our company is to pay Damage Compensation, the traveler holds a right to claim damages against a third party, that right shall transfer to our company to the extent of the amount of Damage Compensation paid by our company to the traveler.

Appendix Table 1 (relating to Article 5, Item 1)

Mountaineering (using mountaineering equipment such as ice axes, crampons, ropes and hammers), luge, bobsled, skydiving, hang gliding, ultralight powered aircraft (motorized hang gliders, microlight aircraft, ultralight aircraft, etc.), gyroplane flying, and other similarly dangerous activities.

Appendix Table 2 (relating to Article 7, Paragraphs 1, 3 and 4)

1. Eye disabilities

2. Ear disabilities

3. Nose disabilities

4. Mastication and speech disabilities

5. Disfigurement of the appearance (meaning the face, head and neck)

6. Spinal disabilities

7. Disabilities of the arm (from the wrist joint upward) or leg (from the ankle joint upward)

8. Finger disabilities

9. Toe disabilities

(Note) In Items 7, 8 and 9, “at or above” means the part of the limb closer to the heart than the relevant joint.

Appendix Table 3 (relating to Article 8, Paragraph 2)

1) Corrected visual acuity of both eyes is 0.06 or less.

2) Loss of mastication or speech function.

3) Loss of hearing in both ears.

4) Loss of function of all joints at or above the wrist joint in both upper limbs.

5) Loss of function of one lower limb.

6) Due to disability of the thoracic or abdominal organs, bodily freedom is limited mainly to activities of daily living such as eating and washing the face.

7) Due to disability of the nervous system or a mental disability, bodily freedom is limited mainly to activities of daily living such as eating and washing the face.

8) Due to a combination of disabilities in the above areas or other causes, bodily freedom is limited mainly to activities of daily living such as eating and washing the face.

(Note) In Item 4, “at or above” means the part of the limb closer to the heart than the relevant joint.