Luxurex

Section of Customized Tour Contract

Travel Agency Terms and Conditions

Tokyo Metropolitan Government Registration No.2-7803

ANTA (All Nippon Travel Agents Association) Member

ConciergeBANK Co., Ltd.

Chapter I General Provisions

Scope of the Agreement

  • Article 1.

    The contract regarding customized tours for which the Company concludes with customers (hereinafter referred to as “Customized Tour Contract”) shall be governed by the provisions of these General Terms and Conditions. Matters not provided for in these General Terms and Conditions shall be governed by laws and regulations or generally established customs.

  • 2.

    When the Company concludes a written special agreement within the scope not in violation of the law and not detrimental to the interests of the customers, notwithstanding the provisions of the preceding paragraph, such special agreement shall take precedence.

Terms and Definitions

  • Article 2.

    The term “Customized Tour” as used in these Terms and Conditions means a tour for which the Company prepares a tour plan at the request of the customers, specifying the destination and itinerary of the tour, the details of transportation or accommodation services available to customers, and the amount of the travel fare payable to the Company, and which is implemented accordingly.

  • 2.

    In these Terms and Conditions, “domestic travel” means travel within Japan only, and “overseas travel” means travel other than domestic travel.

  • 3.

    The term “communication contract” as used in this section means a Customized Tour Contract concluded by the Company with cardholders of affiliated credit card companies (hereinafter referred to as ‘affiliated companies’), who apply through telephone, mail, facsimile, internet, or other means of communication. Under this contract, the customer agrees in advance that the Company will settle the claims or obligations related to the tour price, etc., based on the Customized Tour contract held by the Company against the customer, in accordance with the card member agreement of the affiliated company separately determined after the date on which the said claims or obligations are to be fulfilled. Additionally, the customer agrees to pay the travel price, etc., in accordance with the methods specified in Article 12, Paragraph 2, Article 16, Paragraph 1, latter half, and Article 19, Paragraph 2 of the Customized Tour contract.

  • 4.

    In these Terms and Conditions, “Card Usage Date” means the date on which the customer or the Company is obligated to perform payment or refund obligations for the tour fee, etc., based on the Customized Tour Contract.

Contents of the Travel Contract

  • Article 3.

    The Company undertakes to make arrangements and manage the itinerary so that customers, in accordance with the travel itinerary specified by the Company, may receive transportation, accommodation, and other travel services provided by transportation and accommodation facilities, etc., (hereinafter referred to as ‘travel services’) in the Customized Tour Contract.

Arrangement Agent

  • Article 4.

    In the performance of the Customized Tour Contract, the Company may delegate all or part of the arrangements to other travel agents within or outside of Japan, persons engaged in arranging, or other assistants.

Chapter Ⅱ Conclusion of Contract

Delivery of planning documents

  • Article 5.

    When a customer who wishes to apply for a Customized Tour contract with the Company, the Company shall deliver to the customer a document (hereinafter referred to as “Planning Document”) describing the travel itinerary prepared in accordance with the contents of said request, contents of travel services, travel price and planning details related to other travel conditions, except in cases where there are operational reasons for the Company not to do so.

  • 2.

    The Company may clearly indicate the amount of the handling charge for planning (hereinafter referred to as the ‘planning fee’) as part of the breakdown of the travel price in the planning document referred to in the preceding paragraph.

Application for a contract

  • Article 6.

    In accordance with the details of the plan described in the Planning Document referred to in paragraph 1 of the preceding article, the customer who wishes to apply for the Customized Tour Contract to the Company shall fill in the prescribed items on the Company’s prescribed application form (hereinafter referred to as “application form”) and submit it to the Company together with an application fee in an amount separately determined by the Company.

  • 2.

    In accordance with the details of the plan described in the Planning Document referred to in paragraph 1 of the preceding article, notwithstanding the provisions of the preceding item, a customer who wishes to conclude a communication contract with the Company must notify his/her membership number and other items.

  • 3.

    The application fee under paragraph 1 shall be treated as part of the tour fee (Including the planning fee with the amount specified as its breakdown), cancellation fee, and/or penalty.

  • 4.

    Upon participation in an customized tour, those who need special consideration are kindly requested to inform us of their specific needs at the time of application. We will comply with the request to the extent possible.

  • 5.

    The cost of any special measures taken by the Company for the customer based on the offer in the preceding paragraph, shall be borne by the customer.

Refusal to conclude a contract

  • Article 7.

    Any one of the following is a case upon which we may refuse to conclude Customized Tour Contract.

    • ⅰ.

      When a customer in question subscribing for the tour is likely to create a nuisance for other customers or hinder smooth implementation of the tour as a group.

    • ⅱ.

      When a communication contract is to be concluded and the customer is unable to settle all or part of the liability related to his or her tour price as stipulated in the card membership rules of the affiliated company due to the invalidity of the credit card held by the customer, etc.

    • ⅲ.

      When a customer is recognized as a gang member, a semi-gang member, an associated gang member, a person or company related to crime syndicates, a corporate racketeer or any other antisocial forces.

    • ⅳ.

      The customer has made violent demands, unjust claims, threatening statements or violence in connection with transactions, or other acts or behavior equivalent to these against the Company.

    • ⅴ.

      The customer committed acts which may damage our reputation or obstruct our business by spreading false rumors, the use of fraudulent means or by force, or other acts or behavior equivalent to these.

    • ⅵ.

      In cases where there are other operational reasons on our part.

Time of conclusion of contract

  • Article 8.

    The Customized Tour Contract is established when the Company accepts the contract and receives the application fee under Article 6, Paragraph 1.

  • 2.

    Notwithstanding the provision of the preceding paragraph, the Communication Contract shall be deemed to be concluded when the Company’s notice of acceptance of said application reaches a customer.

Delivery of contract documents

  • Article 9.

    Promptly after the conclusion of the contract as set forth in the preceding article, the Company shall deliver to the customer a document (hereinafter referred to as “Contract Document”) describing the tour itinerary, contents of tour services, tour fee and other tour conditions, and the Company’s responsibilities.

  • 2.

    When the Company specifies the amount of the planning fee in the Planning Document referred to in Article 5, Paragraph 1, it shall clearly indicate that amount in the Contract Document in the preceding paragraph.

  • 3.

    The scope of tour services that the Company is obligated to arrange and manage the itinerary under the Customized Tour Contract shall be as set forth in the paragraph 1 of the Contract Document.

Determinate Document

  • Article 10.

    In case where it is not possible to state the determinate itinerary or the names of transportation or accommodation facilities in the Contract Document referred to in Paragraph 1 of the preceding Article, we will list the names of facilites scheduled for accommodation and the names of transportation facilities important for travel planning in a limited manner. Additionally, after the Contract Document is issued, we will deliver a document with description of determinate conditions (hereinafter referred to as “Determinate Document”) on or before the date specified in the said Contract Document but no later than the day immediately preceding the starting date of the Tour (or the starting date of the tour in cases where application for the Customized Tour Contract is made on or after the 7th day from the day immediately preceding the starting date).

  • 2.

    In case of the preceding paragraph, when an inquiry is received from a customer who whishes to confirm the status of arrangements, we will respond promptly and properly to such an inquiry before delivery of the Determinate Document to the said customer.

  • 3.

    In cases where the Determinate Document referred to in paragraph 1 has been delivered, the scope of our responsibility for the tour service in making arrangements and managing pursuant to the provision of paragraph 3 of the preceding article shall be limited to the scope described in the said Determinate Document.

Using Information and Communication Technology

  • Article 11.

    The Company shall, with the prior consent of the customer, confirm that the matters to be described in the relevant document (hereinafter referred to as ‘the listed items’ in this Article) have been recorded in the file provided on the communication equipment used by the customer when the Company provides the listed items to the customer by a method using information and communication technology in lieu of delivering a planning document, document describing the itinerary, contents of tour services, travel price, and other tour conditions, and the Company’s liability, Contract Document, or Determinate Document to be delivered to the customer when concluding a Customized Tour contract.

  • 2.

    In the case of the preceding paragraph, if the communication equipment used by the customer is not equipped with a file for recording the listed items, the Company shall record the listed items in a file provided in the communication equipment used by the Company (limited to a file exclusively for the use of the said customer), and confirm that the customer has read the listed items therein.

Travel Fees

  • Article 12.

    The customer must pay the travel fee amount stated in the contract document to the Company by the deadline specified in the contract document until the start date of the trip.

  • 2.

    When a communication contract is concluded, the Company will accept payment of the travel fee for the amount stated in the contract document without the customer’s signature on the prescribed slip by using the credit card of an affiliated company. Furthermore, the date of use of the card shall be the date of conclusion of the travel contract.

Chapter Ⅲ Alteration of Contract

Alteration of Contract Content

  • Article 13.

    The customer may request the Company to change the itinerary, contents of tour services and other contents of the Customized Tour contract (hereinafter referred to as the “contract details”). In this case, the Company will accommodate the customer’s request to the extent possible.

  • 2.

    In case there arise causes beyond our control, such as act of God, acts of war, civil commotion, suspension of tour services by transportation and accommodation facilities, etc., orders from government and other public agencies, the need to use transportation services not based on our original transportation plan, and other causes, and when it is considered unavoidable in order to effect the safe and smooth implementation of the tour, we may be required to change the contract details by explaining promptly to the customer beforehand the reasons for the nature of such causes being beyond our control and the correlation between such causes and subsequent changes. This shall be the case except at the time of an emergency, in which case, when unavoidable, we will explain to the customer after the changes have been made.

Change of Tour Fee

  • Article 14.

    When implementing the Customized Tour, in cases where the transportation fare and charges applicable to the transportation facilities used for the tour (hereinafter referred to as the ‘Applicable Fare and Charge’ in this article) are increased or decreased significantly beyond the price level normally anticipated, due to notable changes in economic conditions or other factors, in comparison to the Applicable Fare and Charge that was publicly posted as effective rates which is clearly indicated at the time of provision of the Planning Document for the Customized Tour, we reserve the right to adjust the tour price by the difference amount, either increasing or decreasing, within the range of the amount of such increase or decrease.

  • 2.

    In cases where we increase the tour price as privided in the preceding paragraph, we will inform the customer to that effect before the 15th day immediately preceding the starting date of the tour.

  • 3.

    In cases where the Company reduces the Applicable Fare and Charge pursuant to paragraph 1 above, the Company shall reduce the tour fee by the amount of the reduction in the Applicable Fare and Charge pursuant to the provision of said paragraph.

  • 4.

    When changes to the contract pursuant to the preceding Article result in a decrease or increase in the expenses required for the implementation of the tour, the Company may adjust the travel price within the scope of the changes to the contract contents. (This includes cancellation fees, penalty fees, and other expenses already paid or to be paid for tour services not provided due to changes in the contract contents.) However, this adjustment shall not apply in cases where the increase in expenses is due to a shortage of seats, rooms, or other facilities of the transportation or accommodation facilities, etc., despite their provision of travel services.

  • 5.

    In cases where we have stated in the Contract Document that the tour price varies with the number of persons utilizing the transportation and accommodation facilities, etc., and when the number of persons participating in the tour changes due to the causes not attributable to us after the execution of the Customized Tour Contract, we reserve the right to change the amount of the tour price as described in the Contract Document.

Change of Customer

  • Article 15.

    A customer who has executed the Customized Tour Contract may assign his/her status under the said contract to a third party, subejct to our consent.

  • 2.

    In cases where a customer wishes to obain our consent as provided in the preceding paragraph, the said customer will be required to fill in the necessary information on the form designated by us and submit it to us together with the handling fee in the designated amount.

  • 3.

    The assignment of the status under the contract, as provides in this paragraph 1, shall take effect when approved by the Company. After such approval, the third party who has acquired such status under the tour contract shall succeed to all rights and obligations concerning the said Customized Tour Contract executed by the customer.

Chapter Ⅳ Termination of Contract

Customer’s Right to Termination of Contract

  • Article 16.

    The customer may cancel the Customized Tour Contract at any time by paying the cancellation fee specified in Appendix 1 to the Company. In the case of canceling the communication contract, the Company will accept payment of the cancellation fee without the customer’s signature on the prescribed slip by using the affiliated company’s card.

  • 2.

    In cases listed below, customers may cancel the Customized Tour Contract without paying cancellation fees before the start of the trip, notwithstanding the provisions of the preceding paragraph.

    • ⅰ.

      When the terms of the contract are modified by the Company. However, such modifications shall be limited to those listed in the upper column of Appendix 2 and other significant changes.

    • ⅱ.

      When the travel fee is increased pursuant to the provisions of Article 14, Paragraph 1.

    • ⅲ.

      In cases where there arises causes, such as acts of God, acts of war, civil commotion, suspension of tour services by transportation and accommodation facilities, etc., orders from government and other public agencies, or other causes, whereby it becomes impossible or highly unlikely to carry out the safe and smooth implementation of the tour;

    • ⅳ.

      When the Company fails to deliver the Determinate Document to the customer by the date set forth in Article 10, paragraph 1.

    • ⅴ.

      When the implementation of a trip following the travel itinerary documented in the Contract Document becomes impossible due to reasons attributable to the Company’s responsibility.

  • 3.

    Notwithstanding the provision of paragraph 1, when the customer has been unable to receive the tour service as described in the Contract Document aftre the start of the tour due to causes not attributable to him/her, or when we have informed him/her to that effect, the said customer may cancel the Contract for that portion of the tour service that he/she has been unable to receive, without paying the cancellation fee.

  • 4.

    In the case of the preceding paragraph, the Company shall refund to the customer the portion of the tour price pertaining to the services that can no longer be provided. However, in cases where the reasons for the cancellation are not attributable to our fault, we will refund the customer after deducting from said amount the cancellation fees, penalty charges, and any other expenses already paid or to be paid for the said travel services.

Our Right to Termination of Contract, etc.-Cancellation before the Start of the Trip

  • Article 17.

    In any of the following events, the Company may cancel the Customized Tour Contract prior to the start of the tour by explaining to the customer the reason for the cancellation.

    • ⅰ.

      In cases where the customer is considered unable to participate in the said tour due to illness, absence of a necessary aide/helper or other such causes.

    • ⅱ.

      In cases where the customer is likely to cause trouble to other customers or interfere with the smooth implementation of the tour as a group.

    • ⅲ.

      In cases where the customer requests a burden exceeding a reasonable range with regard to the contents of the contract.

    • ⅳ.

      In cases where it is highly likely that the conditions required for implementation of the tour as described at the time of the execution of the contract, such as the sufficient amount of snowfall necessary for a ski tour, may not come into being.

    • ⅴ.

      In cases where there arises causes beyond our control, such as acts of God, acts of war, civil commotion, suspension of tour services by transportation and accommodation facilities, etc., orders from government and other public agencies, or other causes, whereby it becomes impossible or highly unlikely to carry out the safe and smooth implementation of the tour as scheduled according to the itinerary described in the Contract Document.

    • ⅵ.

      In cases where the Communication Contract has been executed, and the customer is unable to settle in whole or in part the liability relating to his or her tour price, etc. as stipulated in the card membership rules of the affiliated company due to such causes as the credit card held by the customer becoming invalid.

    • ⅶ.

      When it is found that the customer falls under any of Article 7, paragraph 3 through 5.

  • 2.

    In cases where the customer does not pay the tour price by the due date specified in the Contract Document under Article 12, paragraph 1, the customer will be deemed to have cancelled the Customized Tour Contract on the day immediately following the due date. In this case, the said customer will be required to pay the penalty charge specified set forth in paragraph 1 of the preceding article in the amount equal to the cancellation fee.

Our Right to Termination of Contract, etc.-Cancellation after the Start of the Trip

  • Article 18.

    In any of the following cases, we may cancel part of the Customized Tour Contract even after the start of the tour by providing an explanation to the customer regarding the reason for the cancellation.

    • ⅰ.

      In cases where the customer is considered unable to participate in the said tour due to illness, absence of a necessary aide/helper or other such causes;

    • ⅱ.

      In cases where the customer interferes with the safe and smooth implementation of the said tour by not following our instructions as given by our tour escort or other staff, or by disrupting the disciplinary order of the group activities by assaulting or threatening the said staff or other customers;

    • ⅲ.

      When it is found that the customer falls under any of Article 7, paragraph 3 through 5.

    • ⅳ.

      In cases where there arise causes beyond our control, such as acts of God, acts of war, civil commotion, suspension of tour services by transportation and accommodation facilities, etc. orders from government and other public agencies, and other causes, whereby it becomes impossible to continue the tour.

  • 2.

    When the Company cancels the Customized Tour Contract pursuant to the provisions of the preceding paragraph, the contractual relationship between the Company and the customer shall only cease for the future. In this case, the Company’s obligation concerning the tour services already provided to the customer shall be deemed to have been effectively repaid.

  • 3.

    In cases of the preceding paragraph, we will refund the customer the remaining amount after deducting the cancellation fee, penalty charges, and any other expenses that have already been paid or are payable for the said tour service from the cost related to the portion of the tour service that the customer has not yet received out of the total tour price.

Refund of Tour Price

  • Article 19.

    When there arises an amount to be refunded to the customer due to the decrease in the tour price pursuant to the provisions of Article 14, paragraphs 3 through 5, or due to the cancellation of the Customized Tour Contract pursuant to the provisions of the preceding three articles, the Company shall refund said amount to the customer within 7 days from the day following the cancellation for refunds due to cancellation before the start of the travel, and within 30 days from the day following the travel end date as stated in the Contract Document for refunds due to decrease or cancellation after the commencement of the trip.

  • 2.

    When the Company has concluded a communication contract with a customer, and if the travel price is reduced according to the provisions of Articles 14, paragraphs 3 to 5, or if the communication contract is terminated as stipulated in the preceding three articles, resulting in a refundable amount to the customer, the Company shall refund such amount to the customer in accordance with the affiliated company’s credit card members’ terms and conditions. In this case, the Company shall notify the customer of the refund amount within 7 days from the day following the cancellation if the refund is due to cancellation before the start of the tour, or within 30 days from the day following the end of the tour as specified in the contract document if the refund is due to a reduction or cancellation after the start of the tour. The date of this notification to the customer shall be considered as the date of credit card usage.

  • 3.

    The provisions of the preceding two paragraphs shall not prevent the customer or the Company from exercising the right to claim damages pursuant to the provisions of Article 28 or Article 31 paragraph 1.

Arrangement for return after contract termination

  • Article 20.

    When the Company cancels the Customized Tour Contract after the commencement of the travel pursuant to the provisions of Article 18, paragraph 1, item i or iv, the Company shall, at the request of the customer, arrange the necessary travel services for the customer to return to the place of departure of said tour.

  • 2.

    In the case of the preceding paragraph, the customer shall bear all expenses for the travel to return to the place of departure.

Chapter V Group Contracts

Group Contracts

  • Article 21.

    The Company shall apply the provisions of this chapter to the conclusion of Customized Tour Contracts, in which multiple customers traveling on the same itinerary at the same time apply by appointing their responsible representatives (hereinafter referred to as the “contract representative”).

Contract Representative

  • Article 22.

    The Company, except in the case of a special agreement, considers the contract representative to have full authority regarding the conclusion of Customized Tour Contracts for the travelers constituting the group or party (hereinafter referred to as the ‘constituents’), and all transactions related to the travel services for the group or party and the business specified in Article 26, paragraph 1, shall be conducted between the Company and the contract representative.

  • 2.

    The contract representative must submit a list of members to the Company by the date determined by the Company.

  • 3.

    The Company will not be responsible for any debts or obligations that the contract representative has already incurred or may incur in the future to the members.

  • 4.

    If the contract representative does not accompany the group, the Company will consider a preselected group member to assume the role of the contract representative once the tour begins.

Special Provisions for conclusion of contract

  • Article 23.

    When concluding a Customized Tour contract with a contract representative, the Company may, notwithstanding the provisions of Article 6 paragraph 1, accept the conclusion of a Customized Tour contract without receiving payment of the application fee.

  • 2.

    When concluding a Customized Tour contract without receiving payment of the application fee based on the provisions of the preceding paragraph, the Company shall provide the contract representative with a written document stating this fact, and the Customized Tour contract shall be deemed concluded at the time when the Company provides said document.

Chapter Ⅵ Itinerary Management

Itinerary Management

  • Article 24.

    The Company shall make efforts to ensure the safe and smooth implementation of the tour bythe customer, and shall provide the following services to the customers. However, this shall not apply if the Company has concluded a special agreement with the customers that is different from this.

    • ⅰ.

      When there is a recognized concern that a customer may not be able to receive the travel services during the trip, necessary measures shall be taken to ensure that the customer can reliably receive the travel services as per the Customized Tour Contract.

    • ⅱ.

      If, despite the measures taken in the preceding clause, it becomes necessary to change the contents of the contract, alternative services shall be arranged. In doing so, the Company shall endeavor to ensure that any changes to the itinerary conform to the purpose of the original itinerary and that any modifications to the travel services maintain a similar standard to the original service, with the aim of minimizing alterations to the contents of the contract.

Instructions from the Company

  • Article 25.

    During the period from the start to the end of the trip, when traveling as a group, customers must follow the instructions from the Company to ensure the safe and smooth implementation of the trip.

Responsibilities of Tour Conductors, etc.

  • Article 26.

    The Company may, depending on the contents of the travel, have tour conductors or other individuals accompany the tour to perform all or part of the services listed in each item of Article 24, and any other services deemed necessary by the Company incidental to the Customized Tour.

  • 2.

    The period during which tour conductors and other personnel engage in the services specified in the preceding paragraph shall, as a general rule, be from 8:00 a.m. to 8:00 p.m.

Protective Measures

  • Article 27.

    When the Company recognizes that a customer during the travel requires protection due to illness, injury, or other reasons, the Company may take necessary measures. In this case, if it is not attributable to the Company’s fault, the expenses incurred for such measures shall be borne by the customer, and the customer must pay the expenses by the deadline and in the manner specified by the Company.

Chapter Ⅶ Liability

Liability of the Company

  • Article 28.

    In the execution of the Customized Tour Contract, we shall be liable to compensate the customer for damages caused intentionally or negligently by us or by our agent (hereinafter referred to as the ‘Arrangement Agent’) engaged by us to make arrangements on our behalf pursuant to the provisions of Article 4. However, such liability for compensation shall be limited to cases where notice has been given to us within two years from the day immediately following the occurrence of the damages.

  • 2.

    In cases where the customer has suffered damages due to causes beyond the control of our company or our arrangement agent, such as acts of God, acts of war, civil commotion, suspesion of tour services by transportation and accommodation facilities, etc., orders from government and other public agencies, and others causes, we will not be responsible for compensation, except in the case of the preceding paragraph.

  • 3.

    With regard to damage under paragraph 1 caused to baggage, we will compensate the customer up to ¥150,000 as a maximum amount per customer (except in cases where the damages have been caused by us intentionally or by our gross negligence), only in cases where we have been notified of the damages within 14 days for domestic travel and 21 days for overseas travel, counted from the day immediately following the day when the damage has occurred, regardless of the provisions of the preceding paragraph.

Special Indemnities

  • Article 29

    The Company will pay predetermined compensation and condolence payments for certain damages to the life, body, or baggage of the customer during their participation in the Customized Tour, as specified in the separately attached Special Compensation Regulations, regardless of whether the Company’s liability under the preceding Article’s paragraph 1 arises.

  • 2.

    When the Company is liable for damages under the provisions of the preceding paragraph, the compensation payable by us shall be deemed as part of the damages compensation amount for which we are liable under the provisions of the preceding paragraph, within the limit of the amount of damages compensation to be paid by us based on the provisions of the preceding paragraph, Article 1.

  • 3.

    In the case prescribed in the preceding paragraph, the Company’s obligation to pay compensation pursuant to the provisions of paragraph 1 shall be reduced by the amount equivalent to the compensation for damages payable by the Company pursuant to the provisions of paragraph 1 of the preceding Article (including compensation deemed to be compensation for damages pursuant to the provisions of the preceding paragraph).

  • 4.

    Another Package Tour for customers participating in our company’s Customized Tour, for whom separate tour fees are collected, will be handled as part of the Customized Tour contract.

Guarantee of Itinerary

  • Article 30.

    If a significant change occurs to the contract details listed in the upper column of Appendix 2 (excluding changes listed in the following items, except in cases where there is a shortage of seats, rooms, or other facilities provided by transportation or accommodation facilities despite their involvement in providing the travel service), the Company shall pay compensation for the change within 30 days from the day following the end of the tour. This compensation shall be no less than the amount calculated by multiplying the travel price by the rate shown in the lower column of the same table. However, this does not apply if it is evident that the Company incurs liability under the provisions of Article 28, Paragraph 1, regarding such changes.

    • ⅰ.

      Changes for the following reasons;

      • 1)

        Acts of God

      • 2)

        Acts of war

      • 3)

        Civil commotion

      • 4)

        Orders from government and other public agencies

      • 5)

        Suspension of tour services by transportation facilities and accommodation facilities, etc.

      • 6)

        Offering a transportation service which does not follow the original travel plan

      • 7)

        Measures required to ensure the safety of the life or body of the tour participants

    • ⅱ.

      Changes pertaining to the portion that has been altered when a Customized Tour contract is modified pursuant to the provisions of Article 13, paragraph 1, and the portion that has been terminated when a Customized Tour contract is terminated pursuant to the provisions of Articles 16 to 18.

  • 2.

    The amount of compensation for change payable by the Company shall be limited to the amount obtained by multiplying the tour price by a rate determined by the Company of not less than 15% for each Customized Tour per one customer. Additionally, if the indemnity amount per customer for one Customized Tour Contract is less than ¥1,000, we will not pay indemnity for the alteration.

  • 3.

    After the Company has paid the compensation for changes pursuant to the provisions of paragraph 1, should it become evident that the Company incurs liability under Article 28, paragraph 1, regarding the said changes, the customer shall reimburse the Company for the compensation for changes related to such changes. In this case, the Company shall pay the remaining amount after offsetting the compensation for damages payable by the Company pursuant to the provisions of the same paragraph against the compensation for changes to be reimbursed by the customer.

Liability of the Customer

  • Article 31

    In the case that the Company have suffered damages due to the willful misconduct or negligence of the customer, the said customer will be required to compensate us for the damages.

  • 2.

    When concluding a contract for a Customized Tour, the customer shall make use of the information provided by the Company and endeavor to understand the rights and obligations of the customer and other details of the Customized Tour contract.

  • 3.

    If the customer becomes aware of any discrepancies between the travel services provided and those described in the Contract Document after the start of the tour, they must promptly report such discrepancies to us, our arrangement agent, or the tour service provider at the location that is being toured in order to smoothly receive the travel services as stated in the Contract Document.

Chapter Ⅷ Guarantee Deposit for Billing and Payment Services

Guarantee Deposit for Billing and Payment Services

  • Article 32.

    The Company is a guaranteed member of the All Nippon Travel Agents Association (2F Toetsu-hakuyo Bldg., 4-9, Yonbancho, Chiyoda-ku, Tokyo, Japan).

  • 2.

    A customer or a member of a group who has concluded a Customized Tour contract with the Company may receive reimbursement of claims arising from such transactions up to 11,000,000 yen from the guarantee deposit for billing and payment services held by the All Nippon Travel Agents Association as described in the preceding paragraph.

  • 3.

    The Company has paid its share of the guarantee deposit for billing and payment services to the All Nippon Travel Agents Association in accordance with Article 49, Paragraph 1 of the Travel Agency Act, and therefore has not deposited any business guarantee deposit under Article 7, Paragraph 1 of the same Act.

Chapter Ⅸ Main Text, Applicable Law, and Agreed Jurisdictional Court

  • Article 33.

    The original text of these Travel Agency Agreement and other documents related to the tour contract shall be in Japanese. For the convenience of the customer, the Company may translate some or all of these documents into other languages for the customer’s reference only, and in the event of any conflict between the Japanese version and the translated version, the Japanese version shall take precedence over the authentic text.

  • 2.

    The travel contract between the Company and the customer shall be governed by and construed in accordance with the laws of Japan.

  • 3.

    The Tokyo District Court shall be the court of exclusive jurisdiction for any and all disputes between the Company and the customer in connection with the tour contract.

Please refer to the Standard Travel Agency Contract of the Ministry of Land, Infrastructure, Transport and Tourism, pages 22-24, for the following:

Appendix 1: Cancellation Fees (Related to Article 16, Paragraph 1)

Appendix 2: Compensation for Changes (Related to Article 30, Paragraph 1)