Agent-Organized Tour Contract
Chapter I General Provisions
(Scope of Application)
Article 1
A contract for an Agent-Organized Tour which this company (hereinafter referred to as "theCompany") concludes with a Traveler (hereinafter referred to as "Agent-Organized TourContract") shall be subject to the provisions of these General Terms and Conditions. Mattersnot provided for in these General Terms and Conditions shall be governed by the laws,ordinances, regulations and generally established practice.
2. If the Company has entered into a special agreement in writing without violating the laws,ordinances and regulations and within the scope not unfavorable for the Traveler, that specialagreement, notwithstanding the provisions of the preceding Paragraph, shall prevail over theprovisions of these General Terms and Conditions.
(Definitions of Terms)
Article 2
An "Agent-Organized Tour" as stated in these General Terms and Conditions meanstravel forwhich the Company prepares in advance, for the recruitment of the Travelers, a travel plan inwhich the destination and itinerary of the travel, the contents of the transportation oraccommodation services which the Traveler is entitled to receive, and the amount of the travelfee that the Traveler should pay to the Company are specified, and which the Companyoperates according to such plan.
2. As stated in these General Terms and Conditions, "Domestic Travel" means travel onlywithin Japan and "Overseas Travel" means travel other than Domestic Travel.
3. A "Communications Contract" as stated in this part means an Agent-Organized TourContract, which the Company concludes with a card member of the credit card company withwhich the Company, or a company which sells the Company's Agent-Organized Tour as anagent of the Company, is affiliated (hereinafter referred to as "Affiliated Company") byreceiving an application by telephone, mail, facsimile, or any other means of communicationwith which the Traveler agrees in advance to settle the credits or debts for the travel fee, etc.,based on the Agent-Organized Tour Contract which the Company has against the Traveler onor after the date on which such credits or debts should be settled in accordance with the cardmembership rules of the Affiliated Company separately established, and with which theTraveler pays the travel fee, etc., under the Agent-Organized Tour Contract in accordance withthe methods stipulated in Paragraph 2, Article 12, the latter part of Paragraph 1, Article 16 andParagraph 2, Article 19.
4. An "Electronic Acceptance Notice" as stated in this part means a notice of acceptance inresponse to an application for a contract, which is sent by, among methods using informationcommunication technology, a method of transmission through a telecommunication lineconnecting the computer, facsimile machine, telex or telephone (hereinafter referred to as"Computer, Etc.") used by the Company, or a company which sells Agent-Organized Tours asan agent of the Company, and the Computer, Etc., used by the Traveler.
5. A "Card Use Day" as stated in these General Terms and Conditions means the date onwhich the Traveler or the Company should pay the travel fee, etc., or settle the refund debts inaccordance with the Agent-Organized Tour Contract.
(Contents of Travel Contract)
Article 3
Under an Agent-Organized Tour Contract, the Company undertakes to make arrangementsand manage the itinerary so that the Traveler may receive transportation, accommodation, andother services relating to the travel (hereinafter referred to as "Travel Services") provided bytransportation, accommodation facilities, etc., in accordance with the itinerary established bythe Company.
(Arrangements Agent)
Article 4
In performing an Agent-Organized Tour Contract, the Company may have another travelagent, a person handling travel arrangements as a business, or any other auxiliary in or outsideJapan perform arrangements in whole or in part as an agent.
Chapter II Conclusion of Contract
(Application for Contract)
Article 5
A Traveler who intends to apply to the Company for an Agent-Organized Tour Contract mustenter the prescribed matters in an application form prescribed by the Company (hereinafterreferred to as "Application Form") and submit it to the Company together with the applicationfee, the amount of which is separately specified by the Company.
2. Notwithstanding the provisions of the preceding Paragraph, a Traveler who intends to applyto the Company for a Communications Contract must inform the Company of the title of theAgent-Organized Tour for which he/she intends to apply, the date of commencement of thetravel, the membership number, and other matters (hereinafter referred to as "MembershipNumber, Etc.").
3. The application fee referred to in Paragraph 1 shall be treated as part of a travel fee or acancellation fee or a penalty.
4. A Traveler who needs special consideration in participating an Agent-Organized Tour isrequested to inform the Company to that effect at the time of application for theAgent-Organized Tour Contract. Then, the Company will accommodate the requirements tothe reasonably practical extent.
5. The cost required for the special measure taken by the Company for the Traveler inaccordance with the information referred to in the preceding Paragraph shall be borne by theTraveler.
(Reservation by Telephone, Etc.)
Article 6
The Company accepts reservations for an Agent-Organized Tour Contract by telephone, mail,facsimile or other means of communication. In this case, the contract is not in effect at thetime of the reservation, and the Traveler, after the Company has informed him/her of theacceptance of the reservation, must submit an Application Form and the application fee, orinform the Company of the Membership Number, Etc., in accordance with the provisions ofParagraph 1 or 2 of the preceding Article within the period specified by the Company.
2. When the Application Form and the application fee have been submitted or theMembership Number, Etc., have been informed in accordance with the provisions of thepreceding Paragraph, the order for the conclusion of the Agent-Organized Tour Contract shallbe according to the order of receipt of the reservation concerned.
3. If the Traveler has not submitted the application fee or has not informed the Company ofthe Membership Number, Etc., within the period referred to in Paragraph 1, the Companydeems that there has been no reservation.
(Refusal of Conclusion of Contract)
Article 7
In any of the following cases, the Company may not agree to conclude an Agent-OrganizedTour Contract:
(1) If any of the conditions of a participating Traveler in respect of sex, age, qualifications,skills, etc., specified by the Company in advance is not met;
(2) If the number of applying travelers has reached the intended number of recruitment;
(3) If it seems likely that the Traveler may give trouble to other Travelers and/or disturb thesmooth conduct of group activities;
(4) If the Companys business situation necessitates it;
(5) In case of intending to conclude a Communications Contract, if the Traveler is unable tosettle his/her debts relating to the travel fee, etc., in whole or in part, in accordance withthe card membership rules of the Affiliated Company, for such reasons as the Traveler'scredit card being invalid, etc.
(Time of Entry into Effect of Contract)
Article 8
An Agent-Organized Tour Contract enters into effect when the Company has agreed to theconclusion of the contract and received the application fee referred to in Paragraph 1, Article5.
2. Notwithstanding the provisions of the preceding Paragraph, a Communications Contractenters into effect at the time the Company has issued a notice to the effect that the Companyagrees to the conclusion of the contract; provided, however, that if an Electronic AcceptanceNotice is issued under the contract, the contract enters into effect at the time such notice hasreached the Traveler.
(Issue of Contract Document)
Article 9
The Company shall issue to the Traveler a document mentioning the itinerary, the contents ofTravel Services, the travel fee, and other conditions for the travel and matters concerning theresponsibility of the Company (hereinafter referred to as "Contract Document") promptlyafter the conclusion of the contract as established in the preceding Article.
2. The scope of the Travel Services for which the Company assumes the obligation to makearrangements and manage the itinerary under an Agent-Organized Tour Contract is accordingto what is mentioned in the Contract Document referred to in the preceding Paragraph.
(Final Document)
Article 10
If it is not possible to mention the finalized itinerary or name of transportation oraccommodation facilities in a Contract Document referred to in Paragraph 1 of the precedingArticle, after having issued the Contract Document mentioning the names of theaccommodation facilities scheduled to be used and specific transportation facilities that aredeemed important to be indicated, a document mentioning the final situation of these matters(hereinafter referred to as "Final Document") shall be issued by the date specified in theContract Document not later than the day preceding the date of commencement of the travel(or the day of commencement of the travel in case the application for the Agent-OrganizedTour Contract has been made on or after the seventh day prior to the day preceding the date ofcommencement of the travel).
2. In the case referred to in the preceding Paragraph, if an inquiry has been received from theTraveler who wishes to confirm the arrangements situation, the Company will make a reply ina prompt and appropriate manner even before the issue of the Final Document.
3. If the Final Document referred to in Paragraph 1 has been issued, the scope of TravelServices for which the Company assumes the obligation to make arrangements and managethe itinerary in accordance with the provisions of Paragraph 2 of the preceding Article shall bedefined according to what is mentioned in the Final Document.
(Method of Using Information and Communications Technology)
Article 11
Having obtained the Traveler's agreement in advance, if the Company, in place of thedocument mentioning the itinerary, the contents of Travel Services, the travel fee, and otherconditions for the travel and matters concerning the responsibility of the Company, theContract Document or the Final Document to be issued to the Traveler in concluding anAgent-Organized Tour Contract, has provided the matters which should be mentioned in thesedocuments (hereinafter referred to in this Article as "Matters To Be Mentioned") by a methodusing information and communications technology, it will confirm that the Matters To BeMentioned have been recorded in the file kept in the communications equipment used by theTraveler.
2. In the case of the preceding Paragraph, if a file to record the Matters To Be Mentioned isnot kept in the communications equipment used by the Traveler, the Matters To Be Mentionedwill be recorded in the file kept in the communications equipment used by the Company(which must be made available only to the Traveler concerned) and it will be confirmed thatthe Traveler has read them.
(Travel Fee)
Article 12
The Traveler must pay to the Company the travel fee, the amount of which is mentioned in theContract Document, by the date mentioned in the Contract Document not later than the dateof commencement of the travel.
2. If the Company has entered into a Communications Contract, it shall be paid the travel fee,the amount of which is mentioned in the Contract Document, by a card of the AffiliatedCompany without the Traveler's signature on the prescribed payment slip. Furthermore, theCard Use Day shall be considered to be the day on which the travel contract enters into effect.
Chapter III Change in Contract
(Change in Contract Contents)
Article 13
If a natural disaster, a war, a riot, the suspension of the provision of Travel Services oftransportation and accommodation facilities, etc., an order of a government or other publicoffices, the provision of transportation services not scheduled in the original service plan, orany other event in which the Company is unable to intervene has occurred, and if it isunavoidable in order to secure the safe and smooth implementation of the travel, theCompany may change the itinerary, the contents of Travel Services, or other contents of theAgent-Organized Tour Contract (hereinafter referred to as "Contract Contents"), havingexplained promptly in advance to the Traveler the reason that the event concerned is onewhich cannot be intervened in and the causal relation with the event concerned; provided,however, that in case of emergency and if it is unavoidable, such explanation will be givenafter the change has been made.
(Change in Amount of Travel Fee)
Article 14
If the fares and charges which are applied to the transportation facilities used in operating anAgent-Organized Tour (hereinafter in this Article referred to as "Applicable Fares andCharges") are increased or reduced drastically exceeding the extent normally assumed incomparison with the Applicable Fares and Charges published as effective at the time ofspecifying them at the recruitment for the Agent-Organized Tour due to a significant changein the economic conditions, etc., the Company may, within the amount increased or reduced,increase or reduce the amount of the travel fee.
2. If the Company decides to increase the travel fee in accordance with the provisions of thepreceding Paragraph, it shall inform the Traveler to that effect prior to the 15th day prior tothe day preceding the date of commencement of the travel.
3. If the Applicable Fares and Charges as stated in Paragraph 1 are reduced, the Companyshall reduce the travel fee by the amount of such reduction in accordance with the provisionsof the same Paragraph.
4. If the cost of operating the travel is reduced or increased due to a change in the ContractContents in accordance with the provisions of the preceding Article (such cost includes thecancellation fee, the penalty, or any other cost which has already been paid or which must bepaid in the future in respect of the Travel Services which have not been received due to thechange in the Contract Contents) (excluding a case where the increase in the cost has resultedfrom the occurrence of a shortage of seats, rooms or any other facilities of the transportationand accommodation facilities, etc., despite the fact that the Travel Services are provided bythe transportation and accommodation facilities, etc.), the Company may change the amountof the travel fee within the amount of such reduction or increase at the time of the said changein the Contract Contents.
5. If it is mentioned in the Contract Document to the effect that the travel fee will varydepending on the number of persons using the transportation and accommodation facilities,etc., and if, after the entry into effect of the Agent-Organized Tour Contract, the number ofusing persons has changed due to causes not attributable to the Company, the Company maychange the amount of the travel fee in accordance with what is mentioned in the ContractDocument.
(Change in Traveler)
Article 15
A Traveler who has concluded an Agent-Organized Tour Contract may transfer his/her statusunder the Contract to a third party with the approval of the Company.
2. If a Traveler intends to seek the approval of the Company as stated in the precedingParagraph, he/she must enter the required matters in a form prescribed by the Company andsubmit it to the Company together with the required amount of fee.
3. Transfer of the status under the Contract referred to in Paragraph 1 shall take effect at thetime when the approval of the Company has been given and, thereafter, the third party whohas taken over the status under the Contract shall succeed to all the Traveler's rights andobligations in connection with the Agent-Organized Tour Contract concerned.
Chapter IV Cancellation of Contract
(Right of Cancellation of Traveler)
Article 16
A Traveler may cancel an Agent-Organized Tour Contract at any time on payment to theCompany of the cancellation fee specified in Schedule I. In case of canceling aCommunications Contract, the Company shall be paid the cancellation fee using a card of theAffiliated Company without the signature of the Traveler on the prescribed payment slip.
2. Notwithstanding the provisions of the preceding Paragraph, a Traveler may cancel anAgent-Organized Tour Contract before the commencement of the travel without payment ofthe cancellation fee in any of the following cases:
(1) If the Contract Contents have been changed by the Company; provided, however, this isapplicable only when the change is one mentioned in the left section of Schedule II or anyother important one;
(2) If the travel fee has been increased in accordance with the provisions of Paragraph 2,Article 14;
(3) If a natural disaster, a war, a riot, the suspension of the provision of Travel Services oftransportation and accommodation facilities, etc., an order of a government or other publicoffices, or any other event has occurred, and the safe and smooth operation of the travelhas become impossible or there is a very large possibility of such impossibility arising;
(4) If the Company has failed to issue to the Traveler the Final Document by the date referredto in Paragraph 1, Article 10;
(5) If it has become impossible to operate the travel in accordance with the itinerarymentioned in the Contract Document due to causes attributable to the Company;
3. If, after the commencement of the travel, a Traveler has become unable to receive theTravel Services mentioned in the Contract Document due to causes not attributable to theTraveler, or if the Company has informed him/her to that effect, he/she may, notwithstandingthe provisions of Paragraph 1, cancel that part of the contract for which he/she has becomeunable to receive the Travel Services, without payment of the cancellation fee.
4. In the case referred to in the preceding Paragraph, the Company shall refund the Traveler,out of the travel fee, the amount for that part of the Travel Services which he/she has becomeunable to receive, provided, however, that if the case referred to in the preceding Paragraph isdue to causes not attributable to the Company, the Company will refund to the Traveler thesaid amount less the amount of the cancellation fee, the penalty, and any other cost whichhave already been paid or must be paid in the future in respect of the Travel Servicesconcerned.
(Right of Cancellation, Etc., of the Company---Cancellation before Commencement ofTravel)
Article 17
The Company may cancel an Agent-Organized Tour Contract before the commencement ofthe travel explaining the reason to the Traveler, in any of the following cases:
(1) If it has become clear that the Traveler does not satisfy the conditions for a participatingTraveler in respect of sex, age, qualifications, skills, etc., which the Company hasspecified in advance;
(2) If it is considered that the Traveler is not fit for the travel concerned for reasons of illness,absence of a required assistant or other reasons;
(3) If it is considered that the Traveler may give trouble to other travelers or disturb thesmooth conduct of the group travel;
(4) If the Traveler has demanded a burden exceeding the reasonable extent in connection withthe Contract Contents;
(5) If the number of travelers has not reached the minimum number of participants mentionedin the Contract Document;
(6) If there is a great possibility that the conditions for the operation of the travel, such as therequired amount of snowfall in case the travel is for the purpose of skiing, which havebeen specified at the time of concluding the contract, will not be fulfilled;
(7) If a natural disaster, a war, a riot, the suspension of the provision of Travel Services oftransportation and accommodation facilities, etc., an order of a government or other publicoffices, or any other event in which the Company is unable to intervene has occurred, andthe safe and smooth operation of the travel in accordance with the itinerary mentioned inthe Contract Document has become impossible, or there is a very large possibility of suchimpossibility arising;
(8) If, in a case where a Communications Contract has been concluded, the Traveler hasbecome unable to settle his/her debts relating to the travel fee, etc., in whole or in part, inaccordance with the card membership rules of the Affiliated Company, for such reasons asthe Traveler's credit card being invalid, etc.
2. If a Traveler has not paid the travel fee by the date mentioned in the Contract Document asstated in Paragraph 1, Article 12, it shall be deemed that the Traveler has canceled theAgent-Organized Tour Contract on the day following that date. In this case, the Travelermust pay to the Company a penalty, the amount of which is equivalent to the cancellation feespecified in Paragraph 1 of the preceding Article.
3. If the Company intends to cancel an Agent-Organized Tour Contract for the reasonmentioned in Item (5), Paragraph 1, it shall inform the Traveler to the effect that the travelwill be canceled prior to the 13th day in case of Domestic Travel (in case of a one day trip, the3rd day), or prior to the 23rd day in case of Overseas Travel (in case of travel commencingduring the peak period provided for in Schedule I, the 33rd day), prior to the day precedingthe date of commencement of the travel.
(Right of Cancellation of the Company---Cancellation after Commencement of TravelArticle 18)
In any of the following cases, the Company may cancel part of an Agent-Organized TourContract, explaining the reason to the Traveler, even after the commencement of the travel:
(1) If the Traveler is not fit for the continuance of the travel for reasons of illness, absence of arequired assistant or other reasons;
(2) If the Traveler corrupts the discipline of group activities and disturbs the safe and smoothoperation of the travel through violation of the instructions of the Company conveyed bythe tour conductor or any other person for the safe and smooth operation of the travel, orthrough violence or threat, etc., against these persons or other accompanying Travelers;
(3) If a natural disaster, a war, a riot, the suspension of the provision of Travel Services oftransportation and accommodation facilities, etc., an order of a government or other publicoffices, or any other event in which the Company is unable to intervene has occurred, andit has become impossible to continue the travel.
2. If the Company has canceled an Agent-Organized Tour Contract in accordance with theprovisions of the preceding Paragraph, the contractual relationship between the Company andthe Traveler may cease to exist at and after the time of the cancellation. In this case, for theobligations of the Company regarding the Travel Services which have already been receivedby the Traveler, they shall be deemed as having been validly performed.
3. In the case referred to in the preceding Paragraph, the Company shall refund the Traveler,out of the travel fee, the amount for that part of the Travel Services which have not yet beenreceived by the Traveler less the amount of the cancellation fee, the penalty, and any othercost which have already been paid or must be paid in future in respect of the Travel Servicesconcerned.
(Refund of Travel Fee)
Article 19
If the travel fee has been reduced in accordance with the provisions of Paragraphs 3 through 5,Article 14, or an Agent-Organized Tour Contract has been canceled in accordance with theprovisions of the preceding three Articles, resulting in an amount which should be refunded tothe Traveler, the Company shall refund the said amount to the Traveler within 7 days of theday following the date of the cancellation in case of a refund due to cancellation before thecommencement of the travel, or within 30 days of the day following the date of completion ofthe travel mentioned in the Contract Document in case of a refund due to reduction of theamount or cancellation after the commencement of the travel.
2. In a case where the Company has concluded a Communications Contract with a Traveler, ifthe travel fee has been reduced in accordance with the provisions of Paragraphs 3 through 5,Article 14, or a Communications Contract has been canceled in accordance with theprovisions of the preceding three Articles, resulting in an amount which should be refunded tothe Traveler, it shall refund the said amount to the Traveler in accordance with the cardmembership rules of the Affiliated Company. In this case, the Company shall inform theTraveler of the amount to be refunded within 7 days of the day following the date of thecancellation in case of a refund due to cancellation before the commencement of the travel, orwithin 30 days of the day following the date of completion of the travel mentioned in theContract Document in case of a refund due to reduction of the amount or cancellation after thecommencement of the travel, and the day on which the Company thus informed the Travelershall be deemed to be the Card Use Day.
3. The provisions of the preceding two Paragraphs do not prevent a Traveler or the Companyfrom exercising the right to seek damages in accordance with the provisions of Article 27 orParagraph 1, Article 30.
(Arrangements for Return Trip after Cancellation of Contract)
Article 20
If the Company has canceled an Agent-Organized Tour Contract after the commencement ofthe travel in accordance with the provisions of Item1 or 3, Paragraph 1, Article 18, it willundertake arrangements for the Travel Services necessary for the Traveler's return to the placeof departure at the Traveler's request.
2. In a case of the preceding Paragraph, all the cost required for the trip to return to the placeof departure must be borne by the Traveler.
Chapter V Party/Group Contract
(Party/Group Contract)
Article 21
The Company applies the provisions of this Chapter with respect to the conclusion of anAgent-Organized Tour Contract for which more than one Traveler traveling together followingthe same itinerary has applied after nominating a responsible representative (hereinafterreferred to as "Person Responsible for Contract").
(Person Responsible for Contract)
Article 22
Except in those cases where a special agreement has been concluded, it shall be deemed thatthe Person Responsible for Contract has all power of agency for the conclusion of anAgent-Organized Tour Contract for Travelers constituting the Party/Group concerned(hereinafter referred to as "Member(s)"), and the Company will conduct transactionsconcerning the travel business for that Party/Group with the said Person Responsible forContract.
2. The Person Responsible for Contract must submit a list of Members to the Company by thedate prescribed by the Company.
3. The Company shall not bear any responsibility for any debt or obligation which the PersonResponsible for Contract now has or is expected to have in the future to a Member.
4. In a case where the Person Responsible for Contract does not accompany the Party/Groupduring the travel, the Company deems that the Member who has been assigned by the PersonResponsible for Contract in advance as Person Responsible for Contract after thecommencement of the travel.
Chapter VI Itinerary Management
(Itinerary Management)
Article 23
The Company will make efforts to secure for a Traveler the safe and smooth operation of thetravel, and conduct the following businesses for a Traveler unless the Company has concludeda different special agreement with the Traveler:
(1) If it is considered that there is a possibility that the Traveler will not be able to receiveTravel Services during the travel, to take reasonably necessary measures for properreceiving of Travel Services in accordance with the Agent-Organized Tour Contract;
(2) If the Contract Contents have to be changed despite the fact that the measures referred toin the preceding Item have been taken, to make arrangements for alternative services. Inthis case, efforts must be made to minimize the change in the Contract Contents by, interalia, endeavoring to make the itinerary after the change conform to the purposes of theoriginal itinerary in case the contents of the itinerary are to be changed, and endeavoringto make the Travel Services after the change similar to the original Travel Services in casethe contents of the Travel Services are to be changed.
(Instructions of the Company)
Article 24
A Traveler must follow instructions of the Company for the safe and smooth operation of thetravel when acting in a group during the period between the commencement of the travel andthe completion of the travel.
(Businesses of Tour Conductor, Etc.)
Article 25
The Company may, depending on the contents of the travel, have a tour conductor or otherperson accompany the travel and have him/her perform, in whole or in part, the businessesmentioned in Items of Article 23 or any other business which the Company considersnecessary incidental to the Agent-Organized Tour concerned.
2. The period of time during which the tour conductor or other person referred to in thepreceding Paragraph engages in the businesses referred to in the said Paragraph is from 8:00to 20:00 as a rule.
(Protective Measures)
Article 26
If the Company considers that a Traveler is in need of protection due to illness, injury, etc.,during the travel, it may take necessary measures. In this case, if the case is due to causesnot attributable to the Company, the cost required for the measures taken shall be borne by theTraveler and the Traveler must pay the said cost by the date designated by the Company andby the method designated by the Company.
Chapter VII Responsibility
(Responsibility of the Company)
Article 27
In performing an Agent-Organized Tour Contract, if the Company, or the person whom theCompany has had make arrangements as an agent in accordance with the provisions of Article4 (hereinafter referred to as "Arrangements Agent"), has caused damage to a Travelerintentionally or by negligence, the Company shall bear the responsibility for compensating forthe damage, provided that the Company has been informed within 2 years of the dayfollowing the date of occurrence of the damage.
2. If a Traveler has incurred damage due to a natural disaster, a war, a riot, the suspension ofthe provision of Travel Services of transportation and accommodation facilities, etc., an orderof a government or other public offices, or any other event in which the Company or theCompany's Arrangements Agent is unable to intervene, the Company shall not be responsiblefor compensating for the damage except in a case referred to in the preceding Paragraph.
3. Notwithstanding the provisions of Paragraph 1, the Company shall compensate for thedamage referred to in the same Paragraph caused to baggage within the limits of 150,000 yenper Traveler (except in a case where the damage has been caused by the Companyintentionally or by gross negligence) if the Company has been informed within 14 days incase of Domestic Travel, or within 21 days in case of Overseas Travel, of the day followingthe date of occurrence of the damage.
(Special Compensation)
Article 28
Regardless of whether the Company is responsible in accordance with the provisions ofParagraph 1 of the preceding Article or not, it shall pay a compensation and a solatium, theamounts of which are specified in advance, for specific damage which a Traveler has incurredto his/her life, person, or baggage while participating in an Agent-Organized Tour, inaccordance with the provisions of the Special Compensation Rules in a separate document.
2. Of the damages prescribed in the preceding Paragraph, if the Company bears responsibilityin accordance with the provisions of Paragraph 1 of the Preceding Article, the compensationreferred to in the preceding Paragraph which it should pay shall be deemed to be thecompensation for the damage concerned within the limits of the amount of the damage whichit should pay based on that responsibility.
3. In a case provided for in the preceding Paragraph, the obligation of the Company to pay acompensation in accordance with the provisions of Paragraph 1 shall be reduced by theamount equivalent to the compensation for the damage which the Company should pay inaccordance with the provisions of Paragraph 1 of the preceding Article (including thecompensation which is deemed to be the compensation for the damage in accordance with theprovisions of the preceding Paragraph).
4. The Agent-Organized Tour which the Company operates by collecting a separate travel feefor Travelers participating in an Agent-Organized Tour of the Company shall be treated as partof the contents of the main Agent-Organized Tour Contract.
(Guarantee of Itinerary)
Article 29
If an important change in Contract Contents mentioned in the left section of Schedule II(excluding a change mentioned in any of the following Items (excluding a change due to theoccurrence of a shortage of seats, rooms, or any other facilities of the transportation andaccommodation facilities, etc., despite the fact that the Travel Services are provided by thetransportation and accommodation facilities, etc.)) has occurred, the Company shall pay achange compensation, the amount of which is equivalent to, or more than, the amount arrivedat by multiplying the travel fee by the relevant ratio mentioned in the right section of the sameSchedule within 30 days of the day following the date of completion of the travel unless it isclear that the Company will bear the responsibility in accordance with the provisions ofParagraph 1, Article 27 for the change concerned:
(1) Change due to any of the following reasons:
(a) Natural disaster;
(b) War;
(c) Riot;
(d) Order of a government or other public offices;
(e) Suspension of the provisions of Travel Services of transportation and accommodationfacilities, etc.;
(f) Provision of transportation services not according to the original service plan;
(g) Measures necessary for securing the safety of a travel participant's life or person.
(2) If an Agent-Organized Tour Contract has been canceled in accordance with the provisionsof Articles 16 through 18, the change made for the canceled part concerned.
2. The amount of a change compensation which the Company should pay per Traveler perAgent-Organized Tour shall not exceed the amount arrived at by multiplying the travel fee bythe ratio of 15% or higher specified by the Company. Furthermore, if the amount of thechange compensation which should be paid per Traveler per Agent-Organized Tour is lessthan 1,000 yen, the Company shall not pay the change compensation.
Article 30
If the Company has incurred any damage caused by a Traveler intentionally or by negligence,the Traveler shall compensate the Company for such damage.
2. In concluding an Agent-Organized Tour Contract, a Traveler must endeavor to understandthe rights and obligations of the Traveler, as well as other contents of the Agent-OrganizedTour Contract, making good use of the information supplied by the Company.
3. In order to smoothly receive the Travel Services mentioned in the Contract Document,should a Traveler have realized that Travel Services different from those mentioned in theContract Document have been provided after the commencement of the travel, he/she mustpromptly notify the Company, the Arrangements Agent, or the provider of the Travel Servicesconcerned to that effect at the place of travel.
Chapter VIII Business Guarantee Bonds
(For the Company not being a Security Member of an Association of Travel Agents)
(Business Guarantee Bonds)
Article 31
A Traveler or a Member who has concluded an Agent-Organized Tour Contract with theCompany is entitled to receive compensation from the Business Guarantee Bonds depositedby the Company in accordance with the provisions of Paragraph 1, Article 7 of the TravelAgency Law in connection with a claim arising from the said transaction.
2. The name and the location of the Deposit Office with which the Company has depositedBusiness Guarantee Bonds are as follows:
(1) Name:
(2) Location:
Chapter VIII Compensation Security Bonds
(For the Company being a Security Member of an Association of Travel Agents)
(Compensation Security Bonds)
Article 32
The Company is a Security Member of All Nippon Travel Agents Association, a corporate juridical person (Tanakayama BLD 5F, Toranomon4-1-20, Minatoku, Tokyo).
2. A Traveler or a Member who has concluded an Agent-Organized Tour Contract with theCompany is entitled to receive compensation from the Compensation Security Bondsdeposited by All Nippon Travel Agents Association referred to in the preceding Paragraph inconnection with a claim arising from the said transaction up to 3 million yen.
3. Since the Company has deposited its Due Portion of the Compensation Security Bondswith All Nippon Travel Agents Associationin accordance with the provisions of Paragraph 1,Article 22-10 of the Travel Agency Law, it has not deposited the Business Guarantee Bonds inaccordance with Paragraph 1, Article 7 of the said law.
