Luxurex

Special Indemnities Rules

Travel Agency Terms and Conditions

Tokyo Metropolitan Government Registration No.2-7803

ANTA (All Nippon Travel Agents Association) Member

ConciergeBANK Co., Ltd.

Chapter I Payment of Compensation and Indemnities

Our responsibility for payment

  • Article 1.

    The Company shall pay compensation for death, permanent disability, hospitalization, and outpatient benefits (hereinafter referred to as ‘compensation, etc.’) to the customer or his/her legal heirs in accordance with the provisions from Chapter Ⅰ to Chapter Ⅳ herein, in the event that a customer participating in the tour organized by the Company suffers bodily injury due to a sudden and accidental external accident (hereinafter referred to as ‘accident’) during the tour.

  • 2.

    The injuries referred to in the preceding paragraph include acute poisoning symptoms that occur suddenly and temporarily by inhaling, absorbing, or ingesting toxic gases or toxic substances from outside the body (excluding poisoning symptoms resulting from continuous inhalation, absorption, or ingestion). However, bacterial food poisoning is not included.

  • 3.

    If we are covered by insurance that pays indemnities, etc. based on this Special Indemnities provision, indemnities, etc. may be paid by the insurance company.

Terms and Definitions

  • Article 2.

    The term “Organized Tour” as used in these regulations refers to those specified in Article 2, Paragraph 1 for the Package Tour section, and Article 2, Paragraph 1 for the Customized Tour section of the Standard Travel Agency Contracts.

  • 2.

    In this provision, “during participation in an Organized Tour” means the period from when the customer begins to receive the initial services provided by the transportation and accommodation facilities, etc. specified in the itinerary of the Organized Tour, which are provided by the tickets, etc. arranged in advance by the Company for the purpose of participating in the Organized Tour, to when the customer completes the receipt of the last services provided by transportation and accommodation facilities etc. However, if the customer leaves from the predetermined itinerary of the Organized Tour and notifies the Company in advance of the planned date and time of leaving and returning, the period from the time of leaving until the scheduled return shall be considered “during participation in the tour”; and if the customer leaves without notifying the Company in advance of the planned date and time of leaving and returning, or leaves without a planned return, the period from the time of leaving until the scheduled return is not considered “during participation in the tour.” In addition, if the contract document clearly indicates that compensation and condolence money will not be provided according to this provision for damages incurred by the customer due to an accident on a day when the customer does not receive any services from transportation and accommodation facilities arranged by the Company (according to the standard time of the travel destination), such day shall not be considered as “during participation in the tour.”

  • 3.

    The term “commencement of receiving services” in the preceding paragraph refers to any of the following instances:

    • ⅰ.

      When a tour conductor, employee, or agent of the Company conducts the reception, at the time of completion of such reception.

    • ⅱ.

      When the reception as mentioned in the preceding item is not conducted, the first transportation/accommodation facilities, etc., are:

      • a.

        For an airplane, at the completion of baggage inspection and other procedures in the airport terminal accessible only to passengers.

      • b.

        For a ship, at the completion of boarding procedures.

      • c.

        For a train, at the completion of ticket inspection, or at the time of boarding the train if there is no ticket gate.

      • d.

        For a vehicle, at the time of boarding.

      • e.

        For an accommodation facility, at the time of entry into the facility.

      • f.

        For facilities other than accommodation facilities, at the completion of use of such facility.

  • 4.

    The term “completion of receiving services” in the second paragraph refers to any of the following instances:

    • ⅰ.

      When a tour conductor, employee, or agent of the Company announces the termination of the tour, at the time of such announcement.

    • ⅱ.

      When the termination of the tour announcement as mentioned in the preceding item is not made, the last transportation/accommodation facilities, etc., are:

      • a.

        For an airplane, when exiting from the airport terminal accessible only to passengers.

      • b.

        For a ship, when disembarking.

      • c.

        For a train, at the completion of ticket inspection, or at the time of disembarking from the train if there is no ticket gate.

      • d.

        For a vehicle, at the time of disembarking.

      • e.

        For an accommodation facility, at the time of exiting the facility.

      • f.

        For facilities other than accommodation facilities, at the time of exiting the facility.

Chapter Ⅱ Cases Where Compensation, etc., Is Not Paid

A Case of Non-Payment of Compensation, etc.: Part 1

  • Article 3.

    The Company shall not pay compensation, etc. for injuries caused by any of the following events.

    • ⅰ.

      Intentional actions by the customer. However, this does not apply to injuries suffered by persons other than the customer in question.

    • ⅱ.

      Intentional actions of the beneficiary entitled to receive death benefits. However, this shall not apply to the amount that others entitled to receive part of the death benefits would receive if the individual in question is one of the recipients of the death benefits.

    • ⅲ.

      Suicidal, criminal or combative acts of the customer. However, this shall not apply to injuries suffered by persons other than the customer in question.

    • ⅳ.

      Accidents occurring while the customer is driving a motor vehicle or motorcycle without the legally required driving qualifications, or while intoxicated to the extent of being incapable of driving properly due to alcohol consumption. However, this shall not apply to injuries suffered by persons other than the customer in question.

    • ⅴ.

      Accidents occurring while the customer engages in intentional acts in violation of laws and regulations, or while receiving services that violate laws and regulations. However, this shall not apply to damages suffered by persons other than the traveler in question.

    • ⅵ.

      Brain disorders, illnesses, or mental incapacitation of the customer. However, this shall not apply to injuries suffered by persons other than the customer in question.

    • ⅶ.

      Pregnancy, childbirth, premature birth, miscarriage, or surgical procedures and other medical treatments of the customer. However, this shall not apply when treating injuries that should be compensated by the Company.

    • ⅷ.

      Accidents occurring while the customer is serving a sentence, detained, or imprisoned.

    • ⅸ.

      War, use of force by a foreign power, revolution, seizure of power, civil war, armed rebellion, or other similar events or riot (in this provision, a situation where peace is significantly disrupted in either the whole or parts of the country due to the collective actions of a crowd or a large number of persons, and is recognized as a serious threat to public order).

    • ⅹ.

      Radioactive, explosive, or other hazardous characteristics of nuclear fuel materials (including spent fuel; hereinafter referred to similarly) or materials contaminated by nuclear fuel substances (including nuclear fission products) resulting from accidents caused by these characteristics.

    • ⅺ.

      Accidents arising from or associated with the events mentioned in the preceding two items, or accidents resulting from the disorder caused by them.

    • ⅻ.

      Radiation exposure or radioactive contamination other than item ⅹ.

  • 2.

    Regardless of the cause, the Company shall not pay compensation, etc., for whiplash-associated disorder (commonly known as ‘whiplash’) or lower back pain in cases where there are no overt symptoms.

A Case of Non-Payment of Compensation, etc.: Part 2

  • Article 4.

    Regarding Organized Tours intended for domestic travel, in addition to the provisions of the preceding article, the Company shall not pay compensation, etc., for injuries caused by any of the following events.

    • ⅰ.

      Earthquake, eruption or tsunami.

    • ⅱ.

      Accidents arising from or associated with the events mentioned in the preceding item, or accidents resulting from the disorder caused by them.

A Case of Non-Payment of Compensation, etc.: Part 3

  • Article 5.

    The Company shall not pay compensation, etc., for injuries listed in the following items unless the acts specified in each item are included in the itinerary of the Organized Tour predetermined by the Company. However, if the acts specified in each item are included in the itinerary, the Company will also pay compensation, etc., for injuries resulting from similar acts during participation in off-itinerary activities of the Organized Tour.

    • ⅰ.

      Any injury occurring while the customer is engaged in the activities listed in Appendix 1.

    • ⅱ.

      Injuries sustained while the customer is participating in races, competitions, events (including practice), or test driving (meaning driving or piloting for the purpose of performance test) with automobiles, motorized bicycles, or motorboats. However, compensation shall be provided for injuries incurred while engaging in these activities on roads using automobiles or motorized bicycles, even if they are not included in the itinerary of the Organized Tour.

    • ⅲ.

      Injuries sustained while the customer is piloting an aircraft other than those operated by air carriers along designated routes (whether scheduled or non-scheduled).

A Case of Non-Payment of Compensation, etc.: Part 4

  • Article 5-2.

    The Company may not pay compensation, etc., if the customer or the beneficiary entitled to receive death benefits falls under any of the following items. However, this shall not apply to the amount that others entitled to receive part of the death benefits would receive if the individual in question is one of the recipients of the death benefits.

    • ⅰ.

      When a customer is determined to be associated with an organized crime group, a gang member, a semi-gang member, a gang-related company, or any other antisocial forces (hereinafter referred to as “antisocial forces”).

    • ⅱ.

      When a customer is recognized as being involved in providing funds, etc., or offering favors, etc., to antisocial forces.

    • ⅲ.

      When a customer is recognized as using antisocial forces unfairly.

    • ⅳ.

      When a customer is recognized as having a socially reprehensible relationship with other antisocial forces.

Chapter III Types and Amounts of Compensation, etc. to be Paid

Payment of Death Benefits

  • Article 6.

    When a customer sustains injuries as defined in Article 1 and dies as a direct result thereof within 180 days from the date of the accident, the Company shall pay to the legal heirs of the customer, as death benefits, the sum of 25 million yen for Organized Tours intended for overseas travel and 15 million yen for Organized Tours intended for domestic travel (hereinafter referred to as the “compensation amount”). However, if the customer has already received payment for permanent disability benefits, the remaining amount after deducting the amount already paid shall be disbursed.

Payment of Permanent Disability Benefits

  • Article 7.

    When a customer suffers an injury as stipulated in Article 1 and, as a direct consequence thereof, incurs a residual disability (a significant impairment of bodily function or the loss of part of the body that cannot be recovered in the future, and occurs after the injury causing it has healed, hereinafter referred to similarly) within 180 days from the date of the accident, the Company shall pay the customer a sum calculated by multiplying the compensation amount by the percentages listed in Appendix 2 for each item, per customer, as permanent disability benefits.

  • 2.

    In cases where, notwithstanding the provisions of the preceding paragraph, a customer still requires treatment beyond 180 days from the date of the accident, the Company shall determine the extent of the residual disability based on a medical diagnosis on the 181st day from the date of the accident and shall pay the permanent disability benefits accordingly.

  • 3.

    For residual disabilities not listed in each item of Appendix 2, the amount of compensation for residual disability shall be determined in accordance with the degree of physical disability and in accordance with the classification in each item of Appendix 2, regardless of the occupation, age, social status, etc. of the customer. However, no compensation shall be paid for disabilities that do not reach the functional disabilities listed in 1(3), 1(4), 2(3), 4(4), and 5(2) of Appendix 2.

  • 4.

    In cases where two or more types of residual disabilities occur due to the same accident, the Company shall apply the preceding three paragraphs to each, and pay the total amount. However, for upper limb (arms and hands) or lower limb (legs and feet) residual disabilities specified in items 7, 8, and 9 of Appendix 2, compensation for each limb shall be limited to 60% of the compensation amount.

  • 5.

    The amount of compensation for permanent disability to be paid by the Company pursuant to the preceding paragraphs shall be limited to the compensation amount per customer per Organized Tour.

Payment of Hospitalization Benefits

  • Article 8.

    When a customer suffers injury as stipulated in Article 1, resulting directly in their inability to engage in regular duties or lead a normal life, and requires hospitalization (defined as the necessity for treatment by a doctor in a hospital or clinic due to the impracticability of treatment at home or elsewhere, being constantly under the care of a doctor for treatment, as deemed equivalent in this article), the Company shall pay the customer hospitalization benefits according to the following categories based on the number of days of hospitalization (hereinafter referred to as ‘hospitalization days’).

    • ⅰ.

      In the case of Organized Tours intended for overseas travel,

      • a.

        For injuries resulting in hospitalization for 180 days or more: ¥400,000

      • b.

        For injuries resulting in hospitalization for more than 90 days but less than 180 days: ¥200,000

      • c.

        For injuries resulting in hospitalization for 7 days or more but less than 90 days: ¥100,000

      • d.

        For injuries resulting in hospitalization for less than 7 days: ¥40,000

    • ⅱ.

      In the case of Organized Tours intended for domestic travel,

      • a.

        For injuries resulting in hospitalization for 180 days or more: ¥200,000

      • b.

        For injuries resulting in hospitalization for more than 90 days but less than 180 days: ¥100,000

      • c.

        For injuries resulting in hospitalization for 7 days or more but less than 90 days: ¥50,000

      • d.

        For injuries resulting in hospitalization for less than 7 days: ¥20,000

  • 2.

    Even if the customer is not hospitalized, but falls under any of the provisions listed in Appendix 3 and receives medical treatment, the period during which the customer is in such condition shall be considered as hospitalization days for the purposes of the preceding provision.

  • 3.

    When the Company should pay both hospitalization and death benefits or hospitalization and disability benefits for one customer, the total amount shall be paid.

Payment of Outpatient Benefits

  • Article 9.

    When a customer suffers injury as stipulated in Article 1, resulting directly in their inability to engage in regular duties or affecting their normal life, and requires outpatient care (defined as visiting a hospital or clinic for medical treatment, including home visits by a doctor, as deemed equivalent in this article), for a period exceeding 3 days, the Company shall pay the customer outpatient benefits according to the following categories based on the number of days of outpatient care (hereinafter referred to as “outpatient days”).

    • ⅰ.

      In the case of Organized Tours intended for overseas travel,

      • a.

        For injuries resulting in outpatient care for 90 days or more: ¥100,000

      • b.

        For injuries resulting in outpatient care for more than 7 days but less than 90 days: ¥50,000

      • c.

        For injuries resulting in outpatient care for more than 3 days but less than 7 days: ¥20,000

    • ⅱ.

      In the case of Organized Tours intended for domestic travel,

      • a.

        For injuries resulting in outpatient care for 90 days or more: ¥50,000

      • b.

        For injuries resulting in outpatient care for more than 7 days but less than 90 days: ¥25,000

      • c.

        For injuries resulting in outpatient care for more than 3 days but less than 7 days: ¥10,000

  • 2.

    Even if the customer does not require outpatient care, but, upon medical instruction, constantly wears a cast or similar device to immobilize an injury such as a fracture, resulting in significant impairment of regular duties or normal life as recognized by the Company, the period during which the customer is in such condition shall be considered as outpatient days for the purposes of the preceding provision.

  • 3.

    When the injury has healed to the extent that it no longer interferes with the individual’s regular duties or normal life, the Company will not provide outpatient benefits for subsequent medical visits.

  • 4.

    The Company will not provide outpatient benefits for medical visits occurring after 180 days from the date of the accident under any circumstances.

  • 5.

    When the Company should pay both outpatient and death benefits or outpatient and disability benefits for one customer, the total amount shall be paid.

Special Provisions for payment of hospitalization and outpatient benefits

  • Article 10.

    When hospitalization days and outpatient days for one customer exceed one day each, regardless of the provisions in the preceding two articles, the Company shall only pay the higher of the following benefits listed below (the compensation listed in item i shall be paid if they are equal).

    • ⅰ.

      Hospitalization benefits payable by the Company for the number of days of such hospitalization

    • ⅱ.

      Outpatient benefits payable by the Company for the number of days, when calculating the number of outpatient days (excluding those during which the Company should pay hospitalization benefits), the total days, including the hospitalization days, shall be considered as outpatient days.

Presumption of Death

  • Article 11.

    If the customer has not been found after 30 days have elapsed since the aircraft or vessel in which the customer is a passenger went missing or was in distress, the customer shall be presumed to have died as a result of the injury under Article 1 on the date when the aircraft or vessel went missing or was in distress.

Impact of other physical disabilities or illnesses

  • Article 12.

    When the injury under Article 1 becomes severe due to the effects of pre-existing physical disabilities or illnesses that were already present when the customer suffered the injury under Article 1, or due to injuries or illnesses that occurred after the injury under Article 1 without any relation to the accident that caused it, we will determine and pay the amount equivalent to what it would have been if those effects had not occurred.

Chapter Ⅳ Occurrence of Accidents and Procedures for Claiming Compensation, etc.

Request for Explanation, etc. Regarding Degree of Injury, etc.

  • Article 13.

    When a customer suffers an injury under Article 1, we may request an explanation regarding the extent of the injury, a summary of the accident that caused it, etc., from the customer or the recipient of death benefits. Additionally, we may request medical examination of the customer’s body or autopsy of the deceased. In such cases, the customer or the recipient of death benefits must cooperate with these requests.

  • 2.

    When a customer or the recipient of death benefits suffers an injury under Article 1 due to reasons unknown to the Company, they must report the extent of the injury, a summary of the accident that caused it, etc., to the Company within 30 days from the date of the accident.

  • 3.

    When a customer or the recipient of death benefits violates the provisions of the preceding two paragraphs without legitimate reasons recognized by the Company, or fails to disclose known facts regarding their explanation or report, or provides false information, the Company will not pay compensation, etc.

Request for Compensation and Other Benefits

  • Article 14.

    When a customer or a beneficiary entitled to death benefits seeks payment of compensation, etc., they must submit to the Company the prescribed compensation claim form and the documents listed below.

    • ⅰ.

      In case of a claim for Death Benefits

      • a.

        The customer’s family register certificate, as well as those of any legal heirs, along with their registered seals

      • b.

        Accident report by a public authority (or, if unavoidable, by a third party)

      • c.

        The customer’s death certificate or postmortem report

    • ⅱ.

      In case of a claim for Permanent Disability Benefits

      • a.

        The customer’s certificate of registered seal

      • b.

        Accident report by a public authority (or, if unavoidable, by a third party)

      • c.

        The doctor’s medical certificate verifying the degree of residual disability

    • ⅲ.

      In case of a claim for Hospitalization Benefits

      • a.

        Accident report by a public authority (or, if unavoidable, by a third party)

      • b.

        The doctor’s medical certificate verifying the degree of injury

      • c.

        Documentation from the hospital or clinic certifying the number of hospitalization or outpatient days

    • ⅳ.

      In case of a claim for Outpatient Benefits

      • a.

        Accident report by a public authority (or, if unavoidable, by a third party)

      • b.

        The doctor’s medical certificate verifying the degree of injury

      • c.

        Documentation from the hospital or clinic certifying the number of hospitalization or outpatient days

  • 2.

    The Company may request submission of documents other than those mentioned in the preceding paragraph, or allow for partial omission of some documents mentioned therein.

  • 3.

    When a customer or the recipient of death benefits violates the provisions of the first paragraph, or fails to disclose known facts regarding the submitted documents, or provides false information, the Company will not pay compensation, etc.

Subrogation

  • Article 15.

    Even if the Company pays compensation, etc., the customer or their heirs do not transfer their right to claim damages against a third party for the injury sustained by the customer to the Company.

Chapter V Compensation for Damage of Personal Belongings

Our liability for payment

  • Article 16.

    When a customer participating in an Organized Tour by the Company suffers damage to their personal belongings (hereinafter referred to as “compensable items”) due to accidental incidents occurring during the tour, the Company shall pay compensation for the damage of personal belongings (hereinafter referred to as “compensation for damages”) in accordance with the provisions of this chapter.

A Case of Non-Payment of Compensation for Damages: Part 1

  • Article 17.

    The Company shall not pay compensation for damages caused by any of the following events.

    • ⅰ.

      Intentional actions by the customer. However, this does not apply to damages suffered by persons other than the customer in question.

    • ⅱ.

      Intentional actions of a relative residing in the same household as the customer occur. However, this shall not apply if the intention was not to benefit the customer in receiving compensation for damages.

    • ⅲ.

      Suicidal, criminal or combative acts of the customer. However, this shall not apply to damages suffered by persons other than the customer in question.

    • ⅳ.

      Accidents occurring while the customer is driving a motor vehicle or motorcycle without the legally required driving qualifications, or while intoxicated to the extent of being incapable of driving properly due to alcohol consumption. However, this shall not apply to damages suffered by persons other than the customer in question.

    • ⅴ.

      Accidents occurring while the customer engages in intentional acts in violation of laws and regulations, or while receiving services that violate laws and regulations. However, this shall not apply to damages suffered by persons other than the traveler in question.

    • ⅵ.

      Exercise of public authority by national and public entities, such as seizure, requisition, confiscation, destruction, etc. However, this shall not apply except in cases where it is carried out as necessary measures for fire-fighting or evacuation.

    • ⅶ.

      Defects of compensable items. However, this excludes defects that the customer or the person responsible for managing the compensable items could not have discovered despite exercising reasonable care.

    • ⅷ.

      Natural wear and tear, rust, mold, discoloration, damage by mice, damage by insects, etc. of compensable items.

    • ⅸ.

      Damage that is merely exterior and does not affect the functionality of the compensable items.

    • ⅹ.

      Leakage of liquids from compensable items. However, this does not apply to damages incurred by other compensable items as a result.

    • ⅺ.

      Misplaced or lost compensable items.

    • ⅻ.

      Reasons listed in Article 3, paragraph 1, items (ix) through (xii).

  • 2.

    Regarding Organized Tours intended for domestic travel, in addition to the provisions of the preceding article, the Company shall not pay compensation for damages for damages caused by any of the following events.

    • ⅰ.

      Earthquake, eruption or tsunami.

    • ⅱ.

      Accidents arising from or associated with the events mentioned in the preceding item, or accidents resulting from the disorder caused by them.

A Case of Non-Payment of Compensation for Damages: Part 2

  • Article 17-2.

    The Company may not pay compensation for damages if a customer is found to fall under any of the following events.

    • ⅰ.

      When a customer is determined to be associated with any antisocial forces.

    • ⅱ.

      When a customer is recognized as being involved in providing funds, etc., or offering favors, etc., to antisocial forces.

    • ⅲ.

      When a customer is recognized as using antisocial forces unfairly.

    • ⅳ.

      When it is determined that antisocial forces control a corporation or are substantially involved in its management.

    • ⅴ.

      When a customer is recognized as having a socially reprehensible relationship with other antisocial forces.

Compensable items and its scope

  • Article 18.

    Compensable items shall be limited to the personal belongings carried by the customer during his/her participation in the Organized Tour.

  • 2.

    Notwithstanding the provisions of the preceding paragraph, the following items shall not be included in the compensable items.

    • ⅰ.

      Cash, checks, other negotiable securities, stamps, postage, and similar items.

    • ⅱ.

      Credit cards, coupons, airline tickets, passports, and other similar items.

    • ⅲ.

      Drafts, designs, drawings, account books, and other similar items (including items recorded on magnetic tapes, magnetic disks, CD-ROMs, optical disks, and other recording media that can be directly processed by information equipment (computers and peripheral equipment such as terminal equipment thereof)).

    • ⅳ.

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

    • ⅴ.

      Mountain climbing equipment, expedition equipment, and other similar items.

    • ⅵ.

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

    • ⅶ.

      Animals and Plants

    • ⅷ.

      Other items designated by the Company in advance

Amount of damages and compensation payment

  • Article 19.

    The amount of damages for which the Company is liable to pay compensation (hereinafter referred to as the “damage amount”) shall be determined based on the lower of the value of the compensable items at the time and place the damage occurred or the total cost of repairs necessary to restore the compensable items to their condition immediately before the occurrence of the damage, including the expenses specified in Article 3, Paragraph 3.

  • 2.

    When the damage amount exceeds 100,000 yen for a single compensable item or pair, the Company shall consider the damage amount as 100,000 yen and apply the provisions of the preceding paragraph.

  • 3.

    The amount of compensation for damages payable by the Company shall be capped at 150,000 yen per individual for each Organized Tour. However, if the damage amount does not exceed 3,000 yen per individual for a single accident, the Company shall not pay compensation for damages.

Prevention of damage, etc.

  • Article 20.

    When a customer becomes aware that damage covered by Article 16 has occurred to compensable items, the customer must fulfill the following obligations.

    • ⅰ.

      Make efforts to prevent and mitigate damages.

    • ⅱ.

      Promptly notify the Company of the extent of the damage, a summary of the accident’s causes, and whether the customer has insurance coverage for the compensable items they suffered damage to.

    • ⅲ.

      If the customer is entitled to compensation for damage from another person, he/she should take the necessary steps to exercise such right to claim damages.

  • 2.

    When the Company determines that a customer has violated the item (i) of the preceding paragraph without justifiable reason, the remaining amount after deducting the amount recognized as preventable or mitigatable shall be considered the amount of damage. If violating the item (ii) thereof, the Company shall not pay compensation for damages. Similarly, if violating the item (iii) thereof, the remaining amount after deducting the amount recognized as obtainable through the exercise of rights to be acquired shall be considered the amount of damage.

  • 3.

    The Company will pay the following expenses.

    • ⅰ.

      Expenses incurred for the prevention and mitigation of damage as provided in paragraph 1, item (i), which the Company deems necessary or beneficial.

    • ⅱ.

      Expenses necessary for the procedures stipulated in paragraph 1, item (iii).

Request for Compensation for Damages

  • Article 21.

    When a customer seeks payment of compensation for damages, they must submit to the Company the prescribed compensation claim form and the documents listed below.

    • ⅰ.

      Accident report by the police department or a third party that should take its place

    • ⅱ.

      Documents proving the extent of damage to compensable items

    • ⅲ.

      Other documents as required by the Company

  • 2.

    When a customer violates the provisions of the preceding paragraph, intentionally provides false information, falsifies or alters the submitted documents (including acts committed by a third party), the Company shall not pay compensation for damages.

If There Is an Insurance Contract

  • Article 22.

    If there is an insurance contract that covers compensation for damages under Article 16, the Company may reduce the amount of compensation payable.

Subrogation

  • Article 23.

    When a customer has a claim for damages against a third party for which the Company is liable to pay compensation, such claim shall be transferred to the Company within the limits of the compensation paid to the customer by the Company.

Please refer to the Standard Travel Agency Contract of the Ministry of Land, Infrastructure, Transport and Tourism, pages 33–34, for the following:

Appendix 1: (Related to Article 5, item (i))

Appendix 2: (Related to Article 7, Paragraphs 1, 3, and 4)

Appendix 3: (Related to Article 8, Paragraph 2)