Article 1. (Scope of Application)
1. The Arranged Travel Contract to be executed between the Company and the Traveler shall be based on this term. Matters not specified in this term will be implemented in accordance with relevant laws or general practices.
2. When the Company concludes a special agreement in writing within the scope of not violating the law or bringing disadvantage to the Traveler, it shall not be limited to the proceeding clauses, but shall give priority to the implementation of the special agreement.
Article 2. (Definitions of Terms)
1. In this term, "Arranged Travel Contract" shall mean the contract under which the Company undertakes to make arrangements at the request of the Traveler by representing him/her, or acting as his/her intermediary, or playing an introductory role for him/her, so that he/she may be provided with services, such as transportation and accommodation offered by transportation and accommodation facilities, etc., and other services related to the travel (hereinafter referred to altogether as the "Travel Service").
2. "Domestic travel" in this term means travels in Japan and "overseas travel" means travels abroad.
3. In this term, "Travel Fees" shall mean the expenses paid by the Company for the transportation charges, accommodation charges, and other expenses payable to the transportation and accommodation facilities, etc., to arrange the Travel Service, and, in addition, the handling charge of the Travel Service that is set by the Company (excluding handling charges for alteration and cancellation procedures).
4. In this Part, "Communication Contract" shall mean the Arranged Travel Contract, which is executed between the Company and the card member of the credit card company affiliated with the Company (hereinafter referred to as the "Affiliated Company"), by subscription through telephone, mail, facsimile, or other means of communication, subject to prior consent of the Traveler to the effect that the claims or obligations held by the Company, under the Arranged Travel Contract are settled on or after the due date of those claims or obligations according to the separately provided card membership rules of the Affiliated Company and also subject to payment of the Travel Fees, etc. by the method specified in Clause 2 or Clause 5 of Article 16.
5. In this term, the "Card Using Date" means the payment date or the refunding date of Travel Feess that the Traveler or the Company shall fulfill in accordance with the Arranged Travel Contract.
Article 3. (Termination of Liability for Arrangements)
When the Company has made arrangements for the Travel Service with the care of a good manager, the fulfillment of it's liability based on the Arranged Travel Contract shall terminate. Therefore, even if contracts are not executed with transportation and accommodation facilities, etc. due to such causes as capacity fully filled, shutdown, inappropriate condition, etc., when the Company has fulfilled it's obligations, the Traveler will be required to pay to the Company the handling charge of the Travel Service set by the Company (hereinafter referred to as the "Handling Charge"). Where a Communication Contract has been executed, the Card Using Date will be the date on which the Company informs the Traveler that the Company has not been able to execute a contract with the transportation and accommodation facilities, etc. to provide Travel Services.
Article 4. (Agent)
When fulfilling the Arranged Travel Contract, the Company may entrust some or all of the businesses to other travel practitioners in Japan or abroad to let personnel who are engaged in arranging business and other auxiliary personnel handle it on its behalf.
Article 5. (Application of the Contract)
1. Travelers who wish to apply for the Arranged Travel Contract with the Company should fill out the prescribed items on the application form prescribed by the Company, and it shall be submitted to the Company together with the application fee of the amount separately determined by the Company.
2. Regardless of the proceeding clause, a Traveler who intends to execute a Communication Contract with the Company shall have the membership number and the content of the Travel Service, and shall be notified to the Company.
3. The application fee set forth in Clause 1 will be treated as part of the travel fee, cancellation fee or other money payable to the Company.
Article 6. (Refusal of Concluding Contract)
The Company shall have the right to refuse to conclude the Arranged Travel Contract when the following cases occur.
I. When concluding the Communication Contract, due to the invalid credit card held, it is impossible to settle part or all of the travel fees and other related debts according to the credit card membership regulations of Affiliated Company.
II. When the Traveler is identified as a violent group, associate member of a gang, gang affiliate, gang affiliate company or any other anti-social force.
III. When the Traveler commits acts of violence to the Company, makes unreasonable requests, threatening acts related to transactions or their equivalent acts.
IV. When the Traveler spreads rumors, damages the Company’s reputation, interferes with the Company’s business, or uses counterfeit or violent equivalent behavior.
V. Other business needs of the Company.
Article 7. (Establishment Time of the Contract)
1. When the Company acknowledges the conclusion of the Contract and accepts the application fees mentioned in Clause 1 of Article 5, the Arranged Travel Contract shall be deemed to be established.
2. The Communication Contract shall not be subject to the proceeding clause, and shall be deemed to be established when a notice of acknowledging the application described in clause 2 of Article 5 arrives at the Traveler.
Article 8. (Special Rules Related to the Execution of the Contract)
1. Notwithstanding the provision of clause 1 of Article 5, the Company may execute the Arranged Travel Contract merely by accepting the execution of the Contract under a apecial contract entered into in writing without receiving payment of the application fee.
2. In the case of the preceding clause, the time of the execution of the Arranged Travel Contract shall be stated in the document described in the preceding clause.
Article 9. (Special Rules Related to Tickets and Accommodation Coupons, etc.)
1. Notwithstanding the provisions of Clause 1 of Article 5, and Clause 1 of the preceding article, the Company may accept subscription orally when the Arranged Travel Contract, with the purpose to only arrange for transportation services or accommodation services, requires the Company to deliver a document indicating the right to receive the offering of the said Travel Service in exchange for the Travel Fees.
2 In the case of the preceding clause, the Arranged Travel Contract shall be executed when the Company accepts the execution of the Contract.
Article 10. (Written Contract)
1. After the establishment of the Arranged Travel Contract, the Company shall deliver to the Traveler written contract (hereinafter referred to as "Written Contract") as soon as possible in which the travel itinerary, Travel Service content, Travel Fees and other travel conditions, as well as related responsibilities of the Company. There are cases, however, where the Company does not deliver the said Written Contract when the Company delivers a document indicating the right to receive all the Travel Service, such as transportation tickets, accommodation coupons and other services which the Company has arranged.
2. When the Company has delivered the Written Contract described in the preceding clause, the contents of the Written Contract mentioned in the preceding clause refer to the scope of Travel Service of necessary preparations and obligation of management in accordance with the Arranged Travel Contract.
Article 11. (Utilization of Information and Communication Technology)
1. On the premises of prior permission from the Traveler, if the Company replaces the documents or Written Contract that record the travel date, content of Travel Services, travel fees and other travel conditions, as well as matters relating to the Company’s responsibilities, which are delivered to the Traveler when preparing to conclude Arranged Travel Contract with the matters provided in the documents by using of information and communication methods (hereinafter referred to as "Recorded Matters" in relation to this article), the Company shall confirm whether the recorded items in the documents available in the communications equipment used by the Traveler have been recorded.
2. In the case of the preceding clause, if the communication equipment used by the Traveler does not have a document that can be used to record the matters, the Recorded Matters shall be recorded in the document in the communication equipment used by the Company (only for Travelers), and confirm the Traveler has read the record.
Article 12. (Change of the Contents of the Contract)
1. The Traveler may request the Company to change the content of the Arranged Travel Contract, such as itinerary, content of Travel Service, and other conditions of the Arranged Travel Contract, etc., in which case the Company will try to accommodate the Traveler's request to the extent possible.
2. Where the content of the Arranged Travel Contract is changed at the request of the Traveler pursuant to the preceding clause, the Traveler will be required to bear the cancellation fees and penalty charges payable to the transportation and accommodation facilities, etc. and other expenses required to change arrangements, where arrangements already made are being cancelled, and in addition, the Traveler will be required to pay to the Company’s prescribed Handling Charge for the changes. Furthermore, the increase or decrease of the Travel Fees arising from such changes of the content of the Arranged Travel Contract shall be borne by the Traveler.
Article 13. (Discretionary Cancellation by the Traveler)
1. The Traveler may cancel the Arranged Travel Contract in whole or in part at any time.
2 When the Arranged Travel Contract has been cancelled pursuant to the provision of the preceding clause, the Traveler will be required to pay the cancellation fee, penalty charge, and other expenses already paid or payable to the transportation and accommodation facilities, etc., as well as the Handling Charge for the cancellation as prescribed by the Company as well as the Handling Charge that the Company was to receive, in return for the Travel Service already received, or for the Travel Service not yet received.
Article 14. (Cancellation Due to Causes Attributable to the Traveler)
1. The Company may cancel the Arranged Travel Contract in one of the following instances:
I. If the Traveler does not pay the Travel Fees by the specified due date.
II. When the Communication Contract has been executed, but the Traveler has become unable to settle his/her liability related to the Travel Fees, etc. in whole or in part according to the membership rules of the Affiliated Company, due to such causes as the credit card held by the Traveler becoming invalid.
III. When it is found that the Traveler falls under any of Item II through Item IV of Article 6.
2. When the Arranged Travel Contract has been cancelled pursuant to the provision of the preceding clause, the Traveler will be required to bear the cancellation fee, penalty charge, and other expenses already paid or payable to the transportation and accommodation facilities, etc. for the Travel Service not yet received, and in addition, to pay to the Company the Handling Charge for the cancellation procedures as prescribed by the Company as well as the Handling Charge that the Company would have received.
Article 15. (Cancellation Due to Causes Attributable to the Company)
1. When the arrangement for the Travel Service become impossible due to causes attributable to the Company, the Traveler may cancel the Arranged Travel Contract.
2. When the Arranged Travel Contract has been cancelled pursuant to the provision of the preceding clause, the Company will reimburse to the Traveler the Travel Fees already received, after deducting the expenses already paid to the transportation and accommodation facilities, etc. in return for the Travel Service already received by the Traveler, as well as the expenses payable after the cancellation for the Travel Service already received.
3. The provision of the preceding clause will not prevent the Traveler from claiming compensatory damages against the Company.
Article 16. (Travel Fees)
1. The Traveler will be required to pay the Travel Fees no later than the period prescribed by the Company which is prior to the start of the Travel.
2. After signing the Communication Contract, the Company shall charge the full amount of the travel fees through the Affiliated Company's credit card when the Traveler has not signed the required invoice. In addition, the Card Using Date shall be considered the date when the Company has informed the Traveler of the content of the Travel Service determined by the Company.
3. The Company may change the Travel Fees prior to the start of the Travel, when changes in the Travel Fees have occurred caused by revisions to the fares and charges of transportation and accommodation facilities, etc., changes in foreign exchange rates, etc.
4. In the case of the preceding clause, the increase or decrease of the Travel Fees shall be borne by the Traveler.
5. When the Company has executed the Communication Contract with the Traveler, and expenses payable by the Traveler have accrued under the provisions of Chapter 3 and Chapter 4, the Company will receive payment of the said expenses by using the card of the Affiliated Company when the Traveler has not signed the required invoice. In this case, the Card Using Date shall be considered the date when the Company inform the Traveler of the amount of the expenses payable to the Company by the Traveler or the amount reimbursable by the Company to the Traveler. However, when the Company has cancelled the Arranged Travel Contract pursuant to the provision of Item II in Clause 1 of Article 14, the Traveler will be required to pay to the Company the expenses, etc. payable to the Company by the Traveler by no later than the date set by the Company using the method prescribed by the Company.
Article 17. (Settlement of the Travel Fees)
1. Where the amount of the expenses paid by the Company to the transportation and accommodation facilities, etc. to arrange for the Travel Service, which is to be borne by the Traveler, and the Handling Charge (hereinafter referred to collectively as the "Travel Fees Settled") does not agree with the amount the Company has already received as the Travel Fees, the Company will settle the Travel Fees promptly after the Travel finishes, in accordance with the provisions of the following two clauses.
2. If the Travel Fees Settled exceeds the amount already received by the Company as the Travel Fees, the Traveler will be required to pay the difference to the Company.
3. If the Travel Fees Settled is less than the amount already received by the Company as the Travel Fees, the Company will reimburse the difference to the Traveler.
Article 18. (Arrangement for Organizations and Groups)
The Company’s provisions of this Chapter shall apply to the Arranged Travel Contract applied by and concluded with the representative (hereinafter referred to as the "Contractor") of two or more Travelers who travel according to a same schedule in a same place at the same time.
Article 19. (Contractor)
1. In addition to signing a special contract, the Contractor shall be deemed to have all the agency rights for the Travelers who constitute the group (hereinafter referred to as the "Members") to enter into this Arranged Travel Contract. The travel business related to the said organization or group and the business specified in Clause 1 of Article 22 also deals with the person responsible for the Contract.
2. The Contractor shall submit the list of Members to the Company or inform the Company of the number of Members by the date specified by the Company.
3. The Company shall not be liable for any debts or obligations currently undertaken or expected to be undertaken by the Contractor.
4. When the Contractor does not travel with the group, the Company shall regard the group member designated by the Contractor in advance as the new Contractor after the travel begins.
Article 20. (Special Rules for the Execution of the Contract)
1. Notwithstanding the provision of Clause 1 of Article 5, when the Company executes the Arranged Travel Contract with the Contractor, the Company may accept the execution of the Arranged Travel Contract without receiving payment of the Application Fee.
2. When the Company executes the Arranged Travel Contract with the Contractor without receiving payment of the Application Fee under the provision of the preceding clause, the Company will deliver to the Contractor a document stating to that effect, and the Arranged Travel Contract will be considered to be executed upon the Company's delivery of said document.
Article 21. (Change of Members)
1. When the Contractor has expressed a wish to change some of Members, the Company will accommodate his/her wish to the extent possible.
2. The increase or decrease of the Travel Fees arising from the change described in the preceding clause and the expenses required for the said change shall be borne by the Members.
Article 22. (Tour Conducting Service)
1. The Company may provide tour conducting service at the request of the Contractor by having a travel conductor accompany the organization or group.
2. In principle, the content of the tour conducting service to be performed by the travel conductor will be services required for conducting the travel of the organization or group as a group according to the itinerary determined beforehand.
3. The time period for the travel conductors to perform the tour conducting service, in principle, is from 8:00 to 20:00.
4. When the Company offers tour conducting service, the Contractor will be required to pay to the Company prescribed tour conducting service charge.
Article 23. (Responsibilities of the Company)
1. During the course of the Company’s implementation of the Arranged Travel Contract, if any damage is coursed to the Traveler due to the intention or negligence of the Company or the person designated by the Company (hereinafter referred to as "Acting Arranger") in line with the regulation of Article 4, the Company shall be liable to the compensation for such damage. However, it is limited to notifying the Company within two years starting from the day following the damage.
2. When the Traveler suffers damage due to natural disasters, wars, riots, transportation and accommodation agencies’ suspending Travel Services providing, orders from government agencies and other reasons that the Company or its Acting Arranger cannot intervene in, the Company shall not be liable to undertake the compensation except for the situations mentioned above.
3. When a travel’s carry-on luggage suffers damage as stipulated in Clause 1, the Company, not being limited to the same clause, shall compensate each Traveler with a limit of 150,000 yen in case of the Company being notified within 14 days for domestic travel and 21 days for overseas travel starting from the day following the damage (except for the Company’s intention or gross negligence).
Article 24. (Responsibilities of the Traveler)
1. When the Company suffers losses due to the Traveler's intention or negligence, the Traveler shall make compensation for the losses.
2. When signing the Arranged Travel Contract, the Traveler shall make full use of the information provided by the Company, and try to understand the rights and obligations of the Traveler and other contents related to the Arranged Travel Contract.
3. The Traveler shall accept the Travel Services recorded in the Contract after the travel starts. However, if they find that the Travel Services provided do not conform to the Contract, they must promptly declare the matter to the Company, the Acting Arranger or the provider of the Travel Services.
Article 25. (Security of Business)
1. The Company is the guaranteed member of JATA (No.3, 3 Ban, 3 Chome, Kasumigaseki, Chiyoda-ku, Tokyo), a general legal entity.
2. Travelers or constituents who have signed Arranged Travel Contract with the Company may accept up to 70 million yen from the repayment of business deposit provided by the JATA (a general legal entity) for the creditor's rights arising from the deal.
3. In accordance with the Clause 1 of Article 49 of Travel Law, the Company pays the share amount of business deposit repayment rather than the security of business recorded in the Clause 1 of Article 7.