Travel Agency Terms and Conditions
These Terms and Conditions govern Custom Package Tour Contracts (Order-Type Planned Tour Contracts) entered into between Hire Taxi Japan (operated by LigarcsJapan Co., Ltd., hereinafter “the Company”) and travelers, in accordance with the Standard Travel Agency Terms and Conditions established under the Travel Agency Act of Japan.
Custom Package Tour Contract
Chapter 1 — General Provisions
Article 1 (Scope of Application)
Contracts for Custom Package Tours (hereinafter “Custom Package Tour Contracts”) concluded between the Company and travelers shall be governed by these Terms and Conditions. Matters not provided for in these Terms and Conditions shall be governed by applicable laws and regulations or generally established practice.
2. Where the Company has entered into a special agreement in writing that does not violate laws and regulations and is not disadvantageous to the traveler, such special agreement shall take precedence over the preceding paragraph.
Article 2 (Definitions)
In these Terms and Conditions, a “Custom Package Tour” means a tour in which the Company, at the request of a traveler, prepares and carries out a travel plan that sets out the tour’s destination and itinerary, the content of the transportation or accommodation services the traveler may receive, and the amount of the tour price the traveler must pay to the Company.
2. In these Terms and Conditions, “Domestic Travel” means travel wholly within Japan, and “Overseas Travel” means travel other than Domestic Travel.
3. In this Part, a “Communication Contract” means a Custom Package Tour Contract concluded with a cardholder of a credit card company with which the Company has a partnership (the “Partner Company”), based on an application received by telephone, mail, facsimile or other means of communication, under which the traveler consents in advance that the Company’s claims or obligations relating to the tour price, etc. arising under the Custom Package Tour Contract will be settled, from the date such claim or obligation is to be performed, in accordance with the Partner Company’s cardmember agreement, and under which the tour price, etc. is paid by the method set out in Article 12, Paragraph 2, Article 16, Paragraph 1 (latter part), and Article 19, Paragraph 2.
4. In this Part, “Electronic Notice of Acceptance” means a notice of acceptance of an application for a contract sent by a method using information and communications technology, namely a method transmitted through a telecommunications line connecting the computer, facsimile machine, telex or telephone used by the Company (collectively, “Computers, etc.”) with the Computers, etc. used by the traveler.
5. In these Terms and Conditions, “Card Usage Date” means the date on which the traveler or the Company is to perform the obligation to pay or refund the tour price, etc. under the Custom Package Tour Contract.
Article 3 (Content of the Travel Contract)
Under a Custom Package Tour Contract, the Company undertakes to arrange and manage the itinerary so that the traveler can receive transportation, accommodation and other travel-related services (hereinafter “Travel Services”) provided by transportation and accommodation providers, etc., in accordance with the itinerary set by the Company.
Article 4 (Arrangement Agents)
In performing a Custom Package Tour Contract, the Company may have all or part of the arrangements carried out on its behalf by another travel agency, a person in the business of making arrangements, or other assisting party, whether within or outside Japan.
Chapter 2 — Conclusion of the Contract
Article 5 (Delivery of the Planning Document)
When a traveler who intends to apply to the Company for a Custom Package Tour Contract makes a request, the Company will, except where business circumstances prevent it, deliver a document (the “Planning Document”) setting out the itinerary, the content of Travel Services, the tour price and other travel conditions prepared in line with the content of the request.
2. The Company may, in the Planning Document referred to in the preceding paragraph, indicate as part of the breakdown of the tour price the amount of the handling charge relating to the planning (the “Planning Fee”).
Article 6 (Application for the Contract)
A traveler who intends to apply to the Company for a Custom Package Tour Contract in relation to the content of the plan set out in the Planning Document referred to in Article 5, Paragraph 1 must submit to the Company the Company’s prescribed application form (the “Application Form”), completed with the required particulars, together with an application deposit in the amount separately determined by the Company.
2. Notwithstanding the preceding paragraph, a traveler who intends to apply to the Company for a Communication Contract in relation to the content of the plan set out in the Planning Document referred to in Article 5, Paragraph 1 must notify the Company of the membership number and other particulars.
3. The application deposit referred to in Paragraph 1 shall be treated as part of the tour price (including any Planning Fee indicated separately), cancellation fee, or penalty fee.
4. Travelers who require special consideration in participating in a Custom Package Tour should so inform the Company at the time of application. The Company will respond to such requests to the extent reasonably possible.
5. The costs of any special measures taken by the Company for the traveler based on the request referred to in the preceding paragraph shall be borne by the traveler.
Article 7 (Refusal to Conclude a Contract)
The Company may decline to conclude a Custom Package Tour Contract in any of the following cases:
(1) Where the traveler is likely to cause inconvenience to other travelers or to impede the smooth conduct of group activities;
(2) Where, in relation to a proposed Communication Contract, the traveler is unable to settle all or part of the obligations relating to the tour price, etc. in accordance with the Partner Company’s cardmember agreement, such as where the traveler’s credit card is invalid;
(3) Where the traveler is found to be a member of a criminal organization (“boryokudan”), an associate member, a person affiliated with such an organization, an affiliated enterprise, a corporate racketeer (“sokaiya”), or otherwise to constitute an antisocial force;
(4) Where the traveler has engaged in violent demands, unreasonable demands, threatening speech or conduct, or violence toward the Company in connection with the transaction, or conduct equivalent thereto;
(5) Where the traveler has spread rumors, used deception or force to damage the Company’s credit or obstruct its business, or engaged in conduct equivalent thereto; or
(6) Where the Company otherwise has business reasons for doing so.
Article 8 (Time of Formation of the Contract)
A Custom Package Tour Contract is formed when the Company accepts conclusion of the contract and receives the application deposit referred to in Article 6, Paragraph 1.
2. Notwithstanding the preceding paragraph, a Communication Contract is formed when the Company sends notice that it accepts conclusion of the contract; provided, however, that where the contract provides for an Electronic Notice of Acceptance to be sent, the contract is formed when such notice reaches the traveler.
Article 9 (Delivery of the Contract Document)
Promptly after the contract is formed as provided in the preceding Article, the Company will deliver to the traveler a document (the “Contract Document”) setting out the itinerary, the content of Travel Services, the tour price and other travel conditions, and matters relating to the Company’s liability.
2. Where the Company has indicated the amount of the Planning Fee in the Planning Document under Article 5, Paragraph 1, the Company will indicate that amount in the Contract Document referred to in the preceding paragraph.
3. The scope of Travel Services for which the Company bears the obligation to arrange and manage the itinerary under the Custom Package Tour Contract shall be as stated in the Contract Document referred to in Paragraph 1.
Article 10 (Finalization Document)
Where the Contract Document referred to in Article 9, Paragraph 1 cannot state the finalized itinerary or the names of the transportation or accommodation providers, the Company will, after listing in the Contract Document the accommodation providers expected to be used and the names of the transportation providers material to the travel plan, deliver a document stating the finalized details (the “Finalization Document”) by the date specified in the Contract Document, which shall be no later than the day before the tour’s start date (or, where the application for the Custom Package Tour Contract is made on or after the seventh day before the start date, no later than the start date itself).
2. In the case referred to in the preceding paragraph, if a traveler wishing to confirm the status of arrangements makes an inquiry before the Finalization Document is delivered, the Company will respond promptly and appropriately.
3. Where the Finalization Document referred to in Paragraph 1 has been delivered, the scope of Travel Services for which the Company bears the obligation to arrange and manage the itinerary under Article 9, Paragraph 3 shall be specified by the content of that Finalization Document.
Article 11 (Methods Using Information and Communications Technology)
Where the Company, having obtained the traveler’s prior consent, provides by a method using information and communications technology the matters that would otherwise be stated in the Planning Document, the document setting out the itinerary, the content of Travel Services, the tour price and other travel conditions and matters relating to the Company’s liability delivered when concluding a Custom Package Tour Contract, the Contract Document, or the Finalization Document (collectively, the “Stated Matters” in this Article), the Company will confirm that the Stated Matters have been recorded in a file provided on the communication device used by the traveler.
2. In the case referred to in the preceding paragraph, if the communication device used by the traveler does not have a file provided for recording the Stated Matters, the Company will record the Stated Matters in a file provided on the Company’s communication device (limited to one used exclusively for that traveler) and confirm that the traveler has viewed the Stated Matters.
Article 12 (Tour Price)
The traveler must pay to the Company the tour price in the amount stated in the Contract Document by the date stated in the Contract Document, which shall be no later than the tour’s start date.
2. Where a Communication Contract has been concluded, the Company will receive payment of the tour price in the amount stated in the Contract Document by means of the Partner Company’s card, without requiring the traveler’s signature on the prescribed sales slip. In this case, the Card Usage Date shall be the date the travel contract is formed.
Chapter 3 — Amendment of the Contract
Article 13 (Amendment of Contract Content)
The traveler may request the Company to amend the itinerary, the content of Travel Services, or other content of the Custom Package Tour Contract (the “Contract Content”). In this case, the Company will accommodate the traveler’s request to the extent possible.
2. Where it becomes unavoidable, in order to ensure the safe and smooth conduct of the tour, due to natural disasters, war, riots, suspension of Travel Services by transportation or accommodation providers, etc., government orders, provision of transportation services that deviate from the originally planned operation, or other circumstances beyond the Company’s control, the Company may amend the Contract Content, having promptly explained to the traveler in advance the reason such circumstances are beyond its control and their causal relationship to the amendment; provided, however, that in urgent cases where this is unavoidable, the Company will provide the explanation after the amendment.
Article 14 (Amendment of the Tour Price)
Where the fares and charges applicable to the transportation used in carrying out the Custom Package Tour (the “Applicable Fares and Charges”) increase or decrease, due to a marked change in economic conditions or similar cause, by an amount substantially exceeding what would normally be expected, compared with the Applicable Fares and Charges publicly announced as effective at the time the Planning Document for the Custom Package Tour was delivered, the Company may increase or decrease the tour price within the range of such increase or decrease.
2. Where the Company increases the tour price as provided in the preceding paragraph, it will notify the traveler of that fact before the fifteenth day prior to the tour’s start date.
3. Where the Applicable Fares and Charges referred to in Paragraph 1 are decreased, the Company will decrease the tour price by the amount of such decrease, as provided in that paragraph.
4. Where a decrease or increase arises in the cost of carrying out the tour (including cancellation fees, penalty fees or other costs already paid or to be paid for Travel Services not received due to the amendment of the Contract Content under the preceding Article) as a result of an amendment of the Contract Content under the preceding Article (excluding cases where the increase in cost is due to a shortage of seats, rooms or other facilities of the transportation or accommodation provider, etc., notwithstanding that the provider is in fact providing the Travel Service), the Company may amend the amount of the tour price within that range at the time of the amendment of the Contract Content.
5. Where the Company has stated in the Contract Document that the tour price differs according to the number of persons using the transportation or accommodation providers, etc., and that number changes after the Custom Package Tour Contract is formed for a reason not attributable to the Company, the Company may amend the amount of the tour price as stated in the Contract Document.
Article 15 (Transfer of the Traveler’s Position)
A traveler who has concluded a Custom Package Tour Contract with the Company may, with the Company’s consent, transfer their contractual position to a third party.
2. A traveler wishing to obtain the Company’s consent under the preceding paragraph must submit to the Company the Company’s prescribed form, completed with the required particulars, together with a fee in the prescribed amount.
3. The transfer of the contractual position under Paragraph 1 takes effect when the Company gives its consent, and thereafter the third party who has succeeded to the traveler’s position under the travel contract succeeds to all rights and obligations of the traveler relating to that Custom Package Tour Contract.
Chapter 4 — Cancellation of the Contract
Article 16 (Traveler’s Right of Cancellation)
The traveler may cancel the Custom Package Tour Contract at any time by paying the Company the cancellation fee set out in Appended Table 1. Where a Communication Contract is cancelled, the Company will receive payment of the cancellation fee by means of the Partner Company’s card, without requiring the traveler’s signature on the prescribed sales slip.
2. Notwithstanding the preceding paragraph, the traveler may cancel the Custom Package Tour Contract before the start of the tour without paying a cancellation fee in any of the following cases:
(1) Where the Contract Content has been amended by the Company, but only where the amendment falls within those listed in the left-hand column of Appended Table 2 or is otherwise material;
(2) Where the tour price has been increased under Article 14, Paragraph 1;
(3) Where, due to natural disasters, war, riots, suspension of Travel Services by transportation or accommodation providers, etc., government orders or other circumstances, it becomes impossible, or extremely likely to become impossible, to carry out the tour safely and smoothly;
(4) Where the Company fails to deliver the Finalization Document to the traveler by the date referred to in Article 10, Paragraph 1; or
(5) Where, for a reason attributable to the Company, it becomes impossible to carry out the tour in accordance with the itinerary stated in the Contract Document.
3. Where, after the start of the tour, the traveler becomes unable, for a reason not attributable to the traveler, to receive a Travel Service stated in the Contract Document, or the Company notifies the traveler to that effect, the traveler may, notwithstanding Paragraph 1, cancel the contract as to the portion of the Travel Service that can no longer be received, without paying a cancellation fee.
4. In the case referred to in the preceding paragraph, the Company will refund to the traveler the portion of the tour price relating to the portion of the Travel Service that can no longer be received; provided, however, that where the case referred to in the preceding paragraph is not due to a reason attributable to the Company, the Company will refund that amount after deducting the amount of any cancellation fee, penalty fee or other cost already paid or to be paid for that Travel Service.
Article 17 (Company’s Right of Cancellation, etc. — Cancellation Before the Start of the Tour)
The Company may, having explained the reason to the traveler, cancel the Custom Package Tour Contract before the start of the tour in any of the following cases:
(1) Where the traveler is found unable to withstand the tour due to illness, the absence of a necessary attendant, or other reason;
(2) Where the traveler is found likely to cause inconvenience to other travelers or to impede the smooth conduct of a group tour;
(3) Where the traveler makes demands relating to the Contract Content that exceed a reasonable scope;
(4) Where, for a tour whose purpose is skiing, it is extremely likely that a condition for the tour’s execution indicated at the time of conclusion of the contract, such as required snowfall, will not be satisfied;
(5) Where, due to natural disasters, war, riots, suspension of Travel Services by transportation or accommodation providers, etc., government orders or other circumstances beyond the Company’s control, it becomes impossible, or extremely likely to become impossible, to carry out the tour safely and smoothly in accordance with the itinerary stated in the Contract Document;
(6) Where, in the case of a Communication Contract, the traveler becomes unable to settle all or part of the obligations relating to the tour price, etc. in accordance with the Partner Company’s cardmember agreement, such as where the traveler’s credit card becomes invalid; or
(7) Where it is found that the traveler falls under any of Article 7, Items 3 through 5.
2. Where the traveler fails to pay the tour price by the date stated in the Contract Document under Article 12, Paragraph 1, the traveler shall be deemed to have cancelled the Custom Package Tour Contract on the day following that date. In this case, the traveler must pay the Company a penalty fee equivalent to the cancellation fee set out in Article 16, Paragraph 1.
Article 18 (Company’s Right of Cancellation — Cancellation After the Start of the Tour)
The Company may, even after the start of the tour, having explained the reason to the traveler, cancel part of the Custom Package Tour Contract in any of the following cases:
(1) Where the traveler is unable to withstand continuation of the tour due to illness, the absence of a necessary attendant, or other reason;
(2) Where the traveler disrupts group discipline by disobeying instructions given by a tour conductor or other person of the Company for the safe and smooth conduct of the tour, or by assaulting or threatening such a person or another accompanying traveler, thereby impeding the safe and smooth conduct of the tour;
(3) Where it is found that the traveler falls under any of Article 7, Items 3 through 5; or
(4) Where, due to natural disasters, war, riots, suspension of Travel Services by transportation or accommodation providers, etc., government orders or other circumstances beyond the Company’s control, it becomes impossible to continue the tour.
2. Where the Company cancels the Custom Package Tour Contract under the preceding paragraph, the contractual relationship between the Company and the traveler is extinguished only for the future. In this case, the Company’s obligations relating to Travel Services already received by the traveler shall be deemed validly performed.
3. In the case referred to in the preceding paragraph, the Company will refund to the traveler the portion of the tour price relating to the Travel Services not yet received by the traveler, after deducting the amount of any cancellation fee, penalty fee or other cost already paid or to be paid for those Travel Services.
Article 19 (Refund of the Tour Price)
Where an amount becomes payable to the traveler because the tour price has been decreased under Article 14, Paragraphs 3 through 5, or because the Custom Package Tour Contract has been cancelled under the preceding three Articles, the Company will refund that amount to the traveler: within seven days from the day following the cancellation, in the case of a refund due to cancellation before the start of the tour; or within thirty days from the day following the tour’s completion date stated in the Contract Document, in the case of a refund due to a decrease in price or cancellation after the start of the tour.
2. Where the Company has concluded a Communication Contract with the traveler and an amount becomes payable to the traveler as described in the preceding paragraph, the Company will refund that amount in accordance with the Partner Company’s cardmember agreement. In this case, the Company will notify the traveler of the amount to be refunded within seven days from the day following the cancellation (for cancellation before the start of the tour) or within thirty days from the day following the tour’s completion date stated in the Contract Document (for a decrease in price or cancellation after the start of the tour), and the date on which such notice is given to the traveler shall be the Card Usage Date.
3. The preceding two paragraphs do not preclude the traveler or the Company from exercising a right to claim damages as provided in Article 28 or Article 31, Paragraph 1.
Article 20 (Arrangements for the Return Journey After Cancellation)
Where the Company has cancelled a Custom Package Tour Contract after the start of the tour under Article 18, Paragraph 1, Item 1 or Item 4, the Company will, at the traveler’s request, undertake to arrange the Travel Services necessary for the traveler to return to the tour’s place of departure.
2. In the case referred to in the preceding paragraph, all costs of the travel required to return to the place of departure shall be borne by the traveler.
Chapter 5 — Group and Party Contracts
Article 21 (Group and Party Contracts)
This Chapter applies to the conclusion of a Custom Package Tour Contract applied for by multiple travelers travelling the same itinerary at the same time, who have designated a responsible representative (the “Contract Representative”).
Article 22 (Contract Representative)
Except where a special agreement has been made, the Company will deem the Contract Representative to hold full authority to act as agent for the travelers constituting the group or party (the “Members”) in relation to the conclusion of the Custom Package Tour Contract, and will conduct transactions relating to travel business for that group or party, and the business under Article 26, Paragraph 1, with that Contract Representative.
2. The Contract Representative must submit to the Company a list of the Members by the date determined by the Company.
3. The Company bears no responsibility whatsoever for any debt or obligation that the Contract Representative currently owes, or may in the future be expected to owe, to the Members.
4. Where the Contract Representative does not accompany the group or party, the Company will, after the start of the tour, deem a Member previously designated by the Contract Representative to be the Contract Representative.
Article 23 (Special Provision on Formation of the Contract)
Where the Company concludes a Custom Package Tour Contract with a Contract Representative, the Company may, notwithstanding Article 6, Paragraph 1, accept conclusion of the Custom Package Tour Contract without receiving an application deposit.
2. Where a Custom Package Tour Contract is concluded without receiving an application deposit based on the preceding paragraph, the Company will deliver to the Contract Representative a document stating that fact, and the Custom Package Tour Contract is formed at the time the Company delivers that document.
Chapter 6 — Itinerary Management
Article 24 (Itinerary Management)
The Company will endeavor to ensure the safe and smooth conduct of the tour for the traveler, and will carry out the following business for the traveler; provided, however, that this does not apply where the Company has entered into a different special agreement with the traveler:
(1) Where it is found that the traveler is at risk of being unable to receive a Travel Service during the tour, taking the measures necessary to ensure the traveler reliably receives the Travel Service in accordance with the Custom Package Tour Contract; and
(2) Where, notwithstanding the measures taken under the preceding item, it becomes unavoidable to amend the Contract Content, arranging substitute services. In doing so, where the itinerary is to be changed, the Company will endeavor to ensure the amended itinerary conforms to the intent of the original itinerary, and where the content of a Travel Service is to be changed, the Company will endeavor to ensure the amended Travel Service is equivalent to the original Travel Service, and will otherwise endeavor to keep amendments to the Contract Content to a minimum.
Article 25 (Company’s Instructions)
Where travelers act as a group between the start and completion of the tour, they must follow the Company’s instructions for the safe and smooth conduct of the tour.
Article 26 (Duties of Tour Conductors, etc.)
Depending on the content of the tour, the Company may have a tour conductor or other person accompany the tour to carry out, in whole or in part, the business listed in each item of Article 24 and other business the Company considers necessary incidental to the Custom Package Tour.
2. The hours during which the tour conductor or other person referred to in the preceding paragraph engages in the business referred to in that paragraph shall, in principle, be from 8:00 a.m. to 8:00 p.m.
Article 27 (Protective Measures)
Where the Company determines that a traveler during the tour is in a condition requiring protection due to illness, injury or other cause, the Company may take necessary measures. In this case, where this is not due to a reason attributable to the Company, the costs of such measures shall be borne by the traveler, and the traveler must pay those costs by the date and in the manner designated by the Company.
Chapter 7 — Liability
Article 28 (Company’s Liability)
Where, in performing the Custom Package Tour Contract, the Company or a party to whom the Company has had arrangements carried out on its behalf under Article 4 (an “Arrangement Agent”) causes damage to the traveler intentionally or negligently, the Company shall be liable to compensate for that damage; provided, however, that this applies only where the Company is notified within two years from the day following the occurrence of the damage.
2. Where a traveler suffers damage due to natural disasters, war, riots, suspension of Travel Services by transportation or accommodation providers, etc., government orders, or other circumstances beyond the control of the Company or its Arrangement Agents, the Company bears no liability to compensate for such damage, except as provided in the preceding paragraph.
3. Notwithstanding Paragraph 1, with respect to damage under that paragraph arising in connection with baggage, the Company will compensate up to a maximum of 150,000 yen per traveler (except where the Company has acted intentionally or with gross negligence), but only where notified within fourteen days (for Domestic Travel) or twenty-one days (for Overseas Travel) from the day following the occurrence of the damage.
Article 29 (Special Compensation)
Regardless of whether the Company’s liability under Article 28, Paragraph 1 arises, the Company will pay compensation and condolence payments in predetermined amounts, as provided in the attached Special Compensation Provisions, for certain damage suffered by the traveler to life, body or baggage while participating in a Custom Package Tour.
2. Where the Company bears liability under Article 28, Paragraph 1 for the damage referred to in the preceding paragraph, the compensation payable by the Company under the preceding paragraph shall be deemed to be the damages payable under that liability, up to the amount of damages payable under that liability.
3. In the case referred to in the preceding paragraph, the Company’s obligation to pay compensation under Paragraph 1 shall be reduced by the amount equivalent to the damages payable by the Company under Article 28, Paragraph 1 (including any compensation deemed to be damages under the preceding paragraph).
4. A Solicitation-Type Package Tour carried out by the Company, for which a separate tour price is collected, targeting travelers participating in the Company’s Custom Package Tour, shall be treated as part of the content of the Custom Package Tour Contract.
Article 30 (Itinerary Guarantee)
Where a material amendment to the Contract Content listed in the left-hand column of Appended Table 2 occurs (excluding the amendments listed in the following items, and excluding cases where the amendment is due to a shortage of seats, rooms or other facilities of the transportation or accommodation provider, etc., notwithstanding that the provider is in fact providing the Travel Service), the Company will pay an amendment compensation payment of no less than the amount obtained by multiplying the tour price by the rate stated in the right-hand column of that table, within thirty days from the day following the tour’s completion date; provided, however, that this does not apply where it is clear that the Company’s liability under Article 28, Paragraph 1 arises in relation to that amendment.
(1) Amendments due to the following causes:
(a) natural disasters; (b) war; (c) riots; (d) government orders; (e) suspension of Travel Services by transportation or accommodation providers, etc.; (f) provision of transportation services that deviate from the originally planned operation; (g) measures necessary to secure the life or physical safety of tour participants.
(2) Amendments to the portion amended where the Custom Package Tour Contract is amended under Article 13, Paragraph 1, and to the portion cancelled where the Custom Package Tour Contract is cancelled under Articles 16 through 18.
2. The amount of amendment compensation payable by the Company shall be limited, per traveler per Custom Package Tour, to an amount obtained by multiplying the tour price by a rate of no less than 15% as determined by the Company. In addition, where the amount of amendment compensation payable per traveler per Custom Package Tour is less than 1,000 yen, the Company will not pay amendment compensation.
3. Where, after the Company has paid amendment compensation under Paragraph 1, it becomes clear that the Company’s liability under Article 28, Paragraph 1 arises in relation to that amendment, the traveler must return to the Company the amendment compensation relating to that amendment. In this case, the Company will pay the balance remaining after offsetting the amount of damages payable by the Company under that paragraph against the amount of amendment compensation to be returned by the traveler.
Article 31 (Traveler’s Liability)
Where the Company suffers damage due to the traveler’s intentional act or negligence, that traveler must compensate for the damage.
2. In concluding a Custom Package Tour Contract, the traveler must endeavor to use the information provided by the Company to understand the traveler’s rights and obligations and other content of the Custom Package Tour Contract.
3. After the start of the tour, in order to smoothly receive the Travel Services stated in the Contract Document, if the traveler becomes aware that a Travel Service different from that stated in the Contract Document has been provided, the traveler must promptly report that fact, at the travel destination, to the Company, its Arrangement Agent, or the provider of that Travel Service.
Chapter 8 — Business Deposit
Article 32 (Business Deposit)
A traveler or Member who has concluded a Solicitation-Type Package Tour Contract with the Company may obtain reimbursement, in respect of claims arising from that transaction, from the business deposit that the Company has deposited under Article 7, Paragraph 1 of the Travel Agency Act.
2. The name and location of the deposit office with which the Company has deposited its business deposit are as follows:
(1) Name: Tokyo Legal Affairs Bureau
(2) Location: 1-1-15 Kudanminami, Chiyoda-ku, Tokyo
Appended Table 1 — Cancellation Fees (relating to Article 16, Paragraph 1)
1. Cancellation Fees for Domestic Travel
| Category | Cancellation Fee |
|---|---|
| 1. Custom Package Tour Contracts other than those in Item 2 | |
| (a) Cases other than (b) through (f) below (only where the Company has indicated the amount of the Planning Fee in the Contract Document) | An amount equivalent to the Planning Fee |
| (b) Cancellation on or after the 20th day before the tour’s start date (10th day for day trips) (excluding cases (c) through (f)) | Up to 20% of the tour price |
| (c) Cancellation on or after the 7th day before the tour’s start date (excluding cases (d) through (f)) | Up to 30% of the tour price |
| (d) Cancellation on the day before the tour’s start date | Up to 40% of the tour price |
| (e) Cancellation on the tour’s start date (excluding case (f)) | Up to 50% of the tour price |
| (f) Cancellation after the start of the tour, or failure to appear without notice | Up to 100% of the tour price |
| 2. Custom Package Tour Contracts using a chartered vessel | Governed by the cancellation fee provisions applicable to that vessel |
Notes:
(1) The amount of the cancellation fee will be indicated in the Contract Document.
(2) For purposes of this table, “after the start of the tour” means from the time referred to as “the time the traveler begins to receive services” in Article 2, Paragraph 3 of the attached Special Compensation Provisions.
Appended Table 2 — Amendment Compensation (relating to Article 30, Paragraph 1)
| Amendment Requiring Payment of Amendment Compensation | Rate per Occurrence (%) — Before Start of Tour | Rate per Occurrence (%) — After Start of Tour |
|---|---|---|
| 1. Change to the tour’s start date or completion date stated in the Contract Document | 1.5 | 3.0 |
| 2. Change to a sightseeing spot or facility (including restaurants) to be visited, or other travel destination, stated in the Contract Document | 1.0 | 2.0 |
| 3. Change to a lower class or grade of facilities of the transportation provider stated in the Contract Document (only where the combined charge for the class and facilities after the change is lower than that stated in the Contract Document) | 1.0 | 2.0 |
| 4. Change to the type of transportation provider or the company name stated in the Contract Document | 1.0 | 2.0 |
| 5. Change to a different flight for the airport of departure or arrival within Japan stated in the Contract Document | 1.0 | 2.0 |
| 6. Change from a direct flight between Japan and abroad stated in the Contract Document to a connecting or transit flight | 1.0 | 2.0 |
| 7. Change to the type or name of the accommodation provider stated in the Contract Document | 1.0 | 2.0 |
| 8. Change to the type, facilities, view or other conditions of the room at the accommodation provider stated in the Contract Document | 1.0 | 2.0 |
Notes:
1. “Before the start of the tour” means the amendment was notified to the traveler by the day before the tour’s start date; “after the start of the tour” means the amendment was notified on or after the tour’s start date.
2. Where a Finalization Document has been delivered, this table applies by reading “Contract Document” as “Finalization Document.” In this case, each change between the content of the Contract Document and the Finalization Document, or between the content of the Finalization Document and the Travel Service actually provided, is treated as one separate occurrence.
3. Where the transportation provider relating to a change under Item 3 or Item 4 involves the use of sleeping accommodation, each night is treated as one occurrence.
4. A change of company name of the transportation provider under Item 4 does not apply where the change involves an upgrade in class or facilities.
5. Where multiple changes listed in Item 4, Item 7 or Item 8 occur within a single boarding segment or a single night, they are treated as one occurrence per boarding segment or per night.
