CHAPTER 1. GENERAL PROVISIONS

(Scope of Application)

Article 1

• An Arranged Tour Contract which this company (hereinafter referred to as “the Company”) concludes with the Traveler shall be subject to these General Terms and Conditions. Matters which are not provided for in these General Terms and Conditions shall be governed by the laws, ordinances, regulations and generally established practice.
• If the Company has concluded a special agreement in writing not in violation of the law, ordinances and regulations and within the scope not unfavorable to the Traveler, that special agreement, notwithstanding the provisions of the preceding Paragraph, shall prevail over the provisions of these General Terms and Conditions.

(Definition of Terms)

Article 2

• An "Arranged Tour Contract" as stated in these General Terms and Conditions means a contract under which the Company, commissioned by the Traveler, undertakes to make arrangements so that the Traveler can receive services for transportation, accommodation, and other services for travel provided by transportation/accommodation facilities (hereinafter referred to as "Travel Services") by acting as a representative, as an intermediary, as an agent, etc., on behalf of the Traveler.
• As stated in these General Terms and Conditions, "Domestic Travel" means travel only within Japan and "Overseas Travel" means travel other than Domestic Travel.
• A "Travel Fee" as stated in these General Terms and Conditions means a charge which the Company pays to transportation/accommodation facilities, etc., such as a fare, accommodation charges, etc., and the prescribed travel business handling fee of the Company (excluding a fee for procedures for making a change as well as that for making a cancellation) in order for the Company to make arrangements for Travel Services.
• A "Communications Contract" as stated in this part means an Arranged Tour Contract which the Company concludes with a card member of the credit card company affiliated with the Company (hereinafter referred to as the "Affiliated Company") in accordance with an application made by telephone, mail, facsimile, or any other means of communication with which the Traveler agrees in advance to settle any credit or debt of the Company in respect of the Traveler concerning the Travel Fee, etc., based on the Arranged Tour Contract on or after the date on which such credit or debt should be settled in accordance with the card membership rules of the Affiliated Company separately established, and with which the traveler pays the Travel Fee, etc., in accordance with the method provided for in Paragraph 2 or 5, Article 16.
• An "Electronic Acceptance Notice" as stated in this part means a notice of acceptance with respect to an application for a contract which is sent by, among various methods using information and communications technology, the method of transmission on the telecommunications line connecting the computer, facsimile machine, telex or telephone (hereinafter referred to as "Computer, Etc.") used by the Company and the Computer, Etc., used by the Traveler.
• A "Card Use Day" as stated in these General Terms and Conditions means the day on which the Traveler or the Company should pay the Travel Fee, etc., or settle the refund debts in accordance with the Arranged Tour Contract.

(Completion of Obligations Concerning Arrangements)

Article 3

• When the Company has made arrangements for Travel Services with the good manager's duty of due care, the performance of the Company's obligations based on the Arranged Tour Contract is deemed completed. Accordingly, even if the Company was unable to conclude a contract with transportation/accommodation facilities, etc., for providing Travel Services due to a reason of being full, suspension of business, conditions being unsuitable, etc., the Traveler has to pay to the Company its prescribed travel business handling fee (hereinafter referred to as the "Handling Fee") if the Company has fulfilled its obligations. If a Communications Contract has been concluded, the Card Use Day shall be the day on which the Company has notified the Traveler to the effect that the Company was unable to conclude a contract with transportation/accommodation facilities, etc., for the provision of Travel Services.

(Arrangements Agent)

Article 4

• In performing an Arranged Tour Contract, the Company may have another travel agent, a person handling travel arrangements as a business, or any other auxiliary in Japan or any other place outside Japan perform as an agent for all or part of the arrangements

CHAPTER 2. ENTRY INTO EFFECT OF CONTRACTS

(Application for Contract)

Article 5

• A Traveler who intends to conclude an Arranged Tour Contract with the Company must enter the prescribed matters in an application form prescribed by the Company and submit it to the Company together with the application fee, the amount of which shall be separately specified by the Company.
• Notwithstanding the provisions of the preceding Paragraph, a Traveler who intends to conclude a Communications Contract with the Company must notify the Company of his/her membership number and the contents of Travel Services which he/she intends to request.
• The application fee referred to in Paragraph 1 will be treated as part of the Travel Fee, the cancellation fee or other money which the Traveler should pay to the Company.

(Refusal to Conclude a Contract)

Article 6

• The Company may not agree to conclude an Arranged Tour Contract in any of the following cases:
  • (1) If the Company’s business situation necessitates it.
  • (2) In case of intending to conclude a Communications Contract, if the Traveler is unable to settle part or all of his/her liability concerning the Travel Fee, etc., in accordance with the card membership rules of the Affiliated Company due to the fact that his/her credit card is invalid, etc.

(Time of Entry into Effect of a Contract)

Article 7

• An Arranged Tour Contract enters into effect when the Company has agreed to conclude it and has received the application fee referred to in Paragraph 1, Article 5.
• Notwithstanding the provisions of the preceding Paragraph, a Communications Contract enters into effect when the Company has sent a notice of accepting the application referred to in Paragraph 2, Article 5. However, in case of sending an Electronic Acceptance Notice under that contract, such contract comes into effect when such notice has reached the Traveler.

(Special Provisions for Entry into Effect of a Contract)

Article 8

• Notwithstanding the provisions of Paragraph 1, Article 5, the Company may have an Arranged Tour Contract come into effect only by accepting the conclusion of the contract without receiving the application fee under a special written agreement.
• In a case referred to in the preceding Paragraph, the time of entering into effect of the Arranged Tour Contract shall be made clear in the special agreement referred to in the preceding Paragraph.

(Special Provisions for Train (Bus) Tickets, Accommodation Coupons, Etc.)

Article 9

• Notwithstanding the provisions of Paragraph 1, Article 5 and Paragraph 1 of the preceding Article, the Company may accept an oral application for an Arranged Tour Contract intended only for arrangements for transportation or accommodation services under which a document is issued indicating the right to receive such Travel Services in return for the Travel Fee.
• In the case referred to in the preceding Paragraph, an Arranged Tour Contract is deemed to enter into effect when the Company has agreed to conclude such contract.

(Contract Document)

Article 10

• Promptly after an Arranged Tour Contract has come into effect, the Company shall issue to the Traveler a document mentioning the itinerary, the contents of Travel Services, the Travel Fee, and other conditions for the tour, as well as matters concerning the Company's responsibility (hereinafter referred to as a "Contract Document"). However, if the Company delivers train (bus) tickets, accommodation coupons, etc., and other documents indicating the right to receive Travel Services with respect to all the Travel Services for which it makes arrangements, it may not issue such Contract Document.
• If a Contract Document referred to in the first sentence of the preceding Paragraph has been issued, the scope of the Travel Services for which the Company is obligated to make arrangements under the Arranged Tour Contract is subject to what is mentioned in such Contract Document.

(Method Using Information and Communications Technology)

Article 11

• With the prior agreement with the Traveler, if the Company, instead of issuing a document mentioning the itinerary, the contents of Travel Services, the Travel Fee and other conditions for the tour, as well as matters concerning the responsibility of the Company, to be issued to the Traveler when concluding an Arranged Tour Contract, or a Contract Document, has provided the matters which should be mentioned in such document (hereinafter referred to in this Article as "Matters To Be Mentioned") by a method using information and communications technology, it will confirm that the Matters To Be Mentioned have been recorded in a file kept in the communications equipment used by the Traveler.
• In the case referred to in the preceding Paragraph, if a file for recording the Matters To Be Mentioned is not kept in the communications equipment used by the Traveler, the Company will record the Matters To Be Mentioned in a file kept in the communications equipment used by the Company (limited to a file which is used only for the Traveler concerned) and confirm that the Traveler has read the Matters To Be Mentioned.

CHAPTER 3. CHANGE AND CANCELLATION OF CONTRACTS

(Change in Contract Contents)

Article 12

• The Traveler may request the Company to change the itinerary, the contents of Travel Services and other contents of the Arranged Tour Contract. In this case, the Company will comply with the Traveler's request to the reasonably practical extent.
• If a change is to be made in the contents of the Arranged Tour Contract at the request of the Traveler referred to in the preceding Paragraph, the Traveler must bear a cancellation fee, a penalty to be paid to transportation/accommodation facilities, etc., when canceling the arrangements already completed, as well as any other cost required for the change in the arrangements, and pay to the Company a fee for procedures for making a change prescribed by the Company. Any increase or reduction in the Travel Fee resulting from the change in the contents of the Arranged Tour Contract concerned shall be attributed to the Traveler.

(Voluntary Cancellation by the Traveler)

Article 13

• The Traveler may cancel the Arranged Tour Contract in whole or in part at any time.
• If the Arranged Tour Contract has been canceled in accordance with the provisions of the preceding Paragraph, the Traveler must, in addition to bearing the cost which has already been paid, or which must be paid in the future, to transportation/accommodation facilities, etc., as a consideration for the Travel Services already received by the Traveler, or as the cancellation fee, the penalty, etc., for the Travel Services not yet received, pay to the Company the fee for procedures for making a cancellation prescribed by the Company and the Handling Charge which the Company would have received.

(Cancellation Due to a Cause Attributable to the Traveler)

Article 14

• The Company may cancel the Arranged Tour Contract in any of the following cases:
• (1) If the Traveler has not paid the Travel Fee by the prescribed date;
• (2) If the Traveler has become unable to settle the debt in connection with the Travel Fee, etc., in whole or in part in accordance with the card membership rules of the Affiliated Company, for such a reason as the Traveler's credit card becoming invalid after a Communications Contract has been concluded.
• If the Arranged Tour Contract has been canceled in accordance with the provisions of the preceding Paragraph, the Traveler must, in addition to bearing the cost which has already been paid, or which must be paid in the future, to transportation/accommodation facilities, etc., as the cancellation fee, the penalty, etc., for the Travel Services not yet received, pay to the Company the fee for procedures for making a cancellation prescribed by the Company and the Handling Charge which the Company would have received.

(Cancellation Due To a Cause Attributable to the Company)

Article 15

• The Traveler may cancel the Arranged Tour Contract if it has become impossible to make arrangements for Travel Services due to causes attributable to the Company.
• If the Arranged Tour Contract has been canceled in accordance with the provisions of the preceding Paragraph, the Company shall refund the Traveler the Travel Fee already received, excluding the cost which has already been paid, or which must be paid in the future, for transportation/accommodation facilities, etc., as a consideration for the Travel Services already received by the Traveler.
• The provisions in the preceding Paragraph do not prevent the Traveler from making a claim against the Company for damages.

CHAPTER 4. TRAVEL FEE

(Travel Fee)

Article 16

• The Traveler must pay the Travel Fee to the Company by the time, prior to the commencement of the tour, fixed by the Company.
• If a Communications Contract has been concluded, the Company will receive payment of the Travel Fee by means of the card of the Affiliated Company without the Traveler's signature on a prescribed payment slip. In this case, the day on which the Company has notified the Traveler of the finalized contents of Travel Services shall be considered to be the Card Use Day.
• If fluctuation in the Travel Fee has arisen prior to the commencement of the tour due to a revision of a fare/charge of the transportation/accommodation facilities, etc., exchange rate fluctuations or any other cause, the Company may change the Travel Fee concerned.
• In the case referred to in the preceding Paragraph, the increase or reduction in the Travel Fee shall be attributed to the Traveler.
• Where a Communications Contract has been concluded with the Traveler, if there has arisen any cost, etc., to be borne by the Traveler in accordance with the provisions of Chapter III or IV, the Company will receive payment of such cost, etc., by means of the card of the Affiliated Company without the Traveler's signature on a prescribed payment slip. In this case, the day on which the Company has notified the Traveler of the amount of the cost, etc., to be paid by the Traveler to the Company or of the amount to be refunded by the Company to the Traveler shall be considered to be the Card Use Day. However, if the Company has canceled the Arranged Tour Contract in accordance with the provisions of Item (2), Paragraph 1, Article 14, the Traveler must pay the cost, etc., to be paid by the Traveler to the Company by the date fixed by the Company by the method of payment specified by the Company.

(Adjustment of the Travel Fee)

Article 17

• If the Handling Charge and the amount of cost paid by the Company to the transportation/accommodation facilities, etc., to make arrangements for Travel Services which should be borne by the Traveler (hereinafter referred to as the "Adjustment Travel Fee"), on one hand, and the amount already received as the Travel Fee, on the other, are not in agreement, the Company shall promptly adjust the Travel Fee after the completion of the travel in accordance with the provisions of Paragraphs 2 and 3.
• If the Adjustment Travel Fee exceeds the amount already received as the Travel Fee, the Traveler must pay the difference to the Company.
• If the Adjustment Travel Fee is less than the amount already received as the Travel Fee, the Company shall refund the difference to the Traveler.

CHAPTER 5. PARTY/GROUP ARRANGEMENTS

(Party/Group Arrangements)

Article 18

• With respect to the conclusion of an Arranged Tour Contract for which more than one Traveler traveling together, following the same itinerary at the same time, have applied after designating their responsible representative (hereinafter referred to as the "Person Responsible for Contract"), the Company applies the provisions of this Chapter.

(Person Responsible for Contract)

Article 19

• Except when a special agreement has been concluded, it shall be deemed that the Person Responsible for Contract has all power of agency concerning the conclusion of an Arranged Tour Contract for the Travelers constituting the party/group concerned (hereinafter referred to as the "Member(s)"), and the Company will conduct the transactions concerning the travel business in connection with the said party/group, as well as the business referred to in Paragraph 1, Article 22, with the said Person Responsible for Contract.
• The Person Responsible for Contract must submit to the Company a list of the Members or notify the Company of the number of the Members by the date fixed by the Company.
• The Company bears no responsibility for any debt or obligation to a Member which the Person Responsible for Contract currently has or is expected to have in the future.
• If the Person Responsible for Contract does not accompany the party/group, the Company deems that the Member who has been assigned by the Person Responsible for Contract in advance as the Person Responsible for Contract after the commencement of the travel.

(Special Provisions for Entry into Effect of Contracts)

Article 20

• Notwithstanding the provisions of Paragraph 1, Article 5, in case an Arranged Tour Contract is to be concluded with the Person Responsible for Contract, the Company may agree to conclude an Arranged Tour Contract without receiving the application fee.
• If an Arranged Tour Contract is to be concluded without receiving the application fee in accordance with the provisions of the preceding Paragraph, the Company shall issue to the Person Responsible for Contract a document containing an entry to that effect, and the Arranged Tour Contract shall enter into effect at the time when the Company has issued the said document.

(Tour Conducting Services)

Article 21

• At the request of the Person Responsible for Contract, the Company may provide tour conducting services by having a tour conductor accompany the party/group concerned.
• In principle, the contents of tour conducting services performed by the tour conductor will consist of work necessary for securing the Party/Group activities from the viewpoint of following the itinerary fixed in advance.
• In principle, the period of time during which the tour conductor provides tour conducting services is from 8:00 to 20:00.
• When the Company has provided tour conducting services, the Person Responsible for Contract must pay to the Company the prescribed fee for the tour conducting services.

(Tour Conducting Services)

Article 22

• At the request of the Person Responsible for Contract, the Company may provide tour conducting services by having a tour conductor accompany the party/group concerned.
• In principle, the contents of tour conducting services performed by the tour conductor will consist of work necessary for securing the Party/Group activities from the viewpoint of following the itinerary fixed in advance.
• In principle, the period of time during which the tour conductor provides tour conducting services is from 8:00 to 20:00.
• When the Company has provided tour conducting services, the Person Responsible for Contract must pay to the Company the prescribed fee for the tour conducting services.

CHAPTER 6. RESPONSIBILITY

(Responsibility of the Company)

Article 23

• In performing an Arranged Tour Contract, if the Company or the person whom the Company has had act as an agent in making arrangements in accordance with the provisions of Article 4 (hereinafter referred to as the "Arrangements Agent") has caused damage to a Traveler intentionally or by negligence, the Company shall be responsible for compensating for the damage, provided that the Company is notified within 2 years of the day following the date of occurrence of such damage.
• If a Traveler has incurred damage due to a natural disaster, a war, a riot, suspension of the provision of Travel Services by transportation/accommodation facilities, etc., an order of a government or other public offices, or any other cause in which the Company or the Arrangements Agent of the Company is unable to intervene, the Company shall not be responsible for compensating for the damage except in the case referred to in the preceding Paragraph.
• Notwithstanding the provisions of Paragraph 1, for the damage caused to baggage referred to in the same Paragraph, the Company shall compensate within the limits of 150,000 yen per Traveler (except in a case where the damage was due to intention or gross negligence on the part of the Company), provided that the Company has been notified of the damage within 14 days in case of Domestic Travel, or within 21 days in case of Overseas Travel, of the day following the date of occurrence of such damage.

(Responsibility of the Traveler)

Article 24

• If the Company incurred any damage caused by a Traveler intentionally or by negligence, the Traveler must compensate for the damage.
• In concluding an Arranged Tour Contract, the Traveler should endeavor to understand his/her rights and obligations and other contents of such contract, making good use of the information provided by the Company.
• In order to smoothly receive the Travel Services mentioned in the Contract Document after the commencement of the travel, should a Traveler have realized that Travel Services different from those mentioned in the Contract Document have been provided, he/she must promptly notify the Company, the Arrangements Agent of the Company, or the provider of the Travel Services concerned to that effect at the place of travel.

CHAPTER 7. Compensation Security Bonds (For the Company being a Security Member of an Association of Travel Agents)

(Travel Itinerary Booking Guarantee)

Article 25

• The Company is a Security Member of Japan Association of Travel Agents (a corporate juridical person) (located at Zen-Nittu Kasumigaseki Bldg., 3-3 Kasumigaseki 3-chome, Chiyoda-ku, Tokyo 100-0013 Tokyo).
• The Traveler or the Member who has concluded an Arranged Tour Contract with the Company is entitled to receive compensation from the Compensation Security Bonds which Japan Association of Travel Agents (a corporate juridical person) referred to in the preceding Paragraph has deposited, in respect of any claim arising from transactions in connection with such contract up to 250,000,000 yen.
• Since the Company has paid a Due Portion of the Compensation Security Bonds to Japan Association of Travel Agents (a corporate juridical person) in accordance with the provisions of Paragraph 1, Article 22-10 of the Travel Agency Law, it has not deposited any Business Guarantee Bonds referred to in Paragraph 1, Article 7 of the same law.

CHAPTER 1. GENERAL PROVISIONS

(Scope of Application)

Article 1

• Contracts between the Company and the Traveler concerning Agent-Organized Tour (hereinafter referred to as "Contract for Agent-Organized Tour") shall be governed by and construed in accordance with these Standard Terms and Conditions of Travel Contracts. Matters not provided for herein shall be governed by laws, ordinances, regulations and conventional business practices commonly established.
• In case the Company has entered into a special contract with the Traveler in written documents, such special contract shall prevail over the provisions of these Standard Terms and Conditions of Travel Contracts notwithstanding the provisions of the preceding Paragraph, to the extent the special contract does not violate any laws, ordinances, regulations nor put the Traveler at a disadvantage.

(Definition of Terms)

Article 2

• "Agent-Organized Tour" as stated in these Standard Terms and Conditions of Travel Contracts means any tours with plans prepared by the Company in advance clearly stating the destinations of travel, itineraries, contents of transportation and accommodation services to be rendered to the Traveler and Tour Fares that the Traveler is to pay to the Company, and then promoted through advertising or other means and performed by the Company.
• "Domestic Tour" in these Standard Terms and Conditions of Travel Contracts means travel within Japan only and "Overseas Tour" means travel other than Domestic Tour.

(Contents of Contracts for Tours)

Article 3

• The Company will, in this Contract for Agent-Organized Tour, take the responsibilities of making arrangements and managing itineraries, so that the Traveler can receive any one or more of transportation, accommodation and other travel services provided by the suppliers of such services (hereinafter referred to as "Travel Services") in accordance with the itinerary prepared by the Company in advance.

(Sub-Contractors for Local Arrangements)

Article 4

• The Company may, when operating the Contract for Agent-Organized Tour, depute other travel agents, ground operators or any other person handling local travel arrangements, in or outside Japan to make all or part of the travel arrangements.

CHAPTER 2. CONCLUSION OF CONTRACTS

(Application for Contract)

Article 5

• If the Traveler intends to enter into a Contract for Agent-Organized Tour, he/she shall enter the necessary matters in the application form prescribed by the Company (hereinafter referred to as "Application Form") and submit it to the Company together with the deposit set separately by the Company.
• The deposit in the preceding Paragraph shall be treated as a portion of the Tour Fares, the cancellation charges or penalty.
• If the Traveler needs special arrangements to be made by the Company in connection with participation of the Agent-Organized Tour, the Company shall be informed of such requests at the time of application for the Agent-Organized Tour. The Company will take appropriate measures to meet such requests to the reasonably practical extent.

(Reservation by Telephone)

Article 6

• The Company may receive an application for reservation for a Contract for Agent-Organized Tour by telephone, mail, facsimile or other means of communication. In such case, the Contract for Agent-Organized Tour shall not yet be deemed as having been concluded, and the Traveler shall, once informed by the Company of the acceptance of the application for reservation, submit the Application Form and the deposit to the Company as stipulated in Paragraph 1 of the preceding Article by the due date stipulated by the Company.
• In case the Application Form and the deposit have been submitted in accordance with the provisions of the preceding Paragraph, the order for concluding the Contracts for Agent-Organized Tour shall be the same as order as the applications for reservation were received.
• If the Traveler fails to submit the Application Form and the deposit within the period stipulated in Paragraph 1, the Company shall treat the Traveler's reservation as invalid.

(Refusal to Conclude a Contract)

Article 7

• The Company may refuse to conclude a Contract for Agent-Organized Tour under any of the following cases:
  • (1) When the Traveler does not satisfy such requirements as sex, age, qualification, skill or others clearly specified by the Company as condition for participating the tour concerned.
  • (2) When the number of applicants for the tour has reached the scheduled maximum number for enrollment.
  • (3) When there seems to be evident that the Traveler is likely to cause other Travelers embarrassment or inconvenience or is likely to interfere with the smooth operation of the collective activities of the other tour participants.
  • (4) When the Company's business situation necessitates it.

(Time When Contract is Concluded)

Article 8

• A Contract for Agent-Organized Tour shall be deemed as having been concluded when the Company has agreed to conclude the contract and has received the deposit as stipulated in Paragraph 1, Article 5.

(Delivery of Travel Condition Document)

Article 9

• After the conclusion of the Contract provided in the preceding Article, the Company shall promptly deliver to the Traveler a document specifying the itinerary, the particulars of Travel Services, other tour conditions and Company's liabilities (hereinafter referred to as "Travel Condition Document").
• The scope of the Travel Services which the Company will be liable to make arrangements and manage itineraries in accordance with the Contract for Agent-Organized Tour shall be subject to the specifications of the said Travel Condition Document stipulated in the preceding Paragraph.

(Confirmation Document)

Article 10

• When the itinerary, the names of transportation facilities or accommodation facilites cannot be specified in the Travel Condition Document, the Company shall enumerate in such Travel Condition Document the names of possible accommodation facilites or major transportation facilities which may be rendered in the tour, and shall deliver it to the Traveler. The Company then shall deliver a document that confirms the transportation facilities or accommodation facilites (hereinafter referred to as "Confirmation Document") before the commencement date of the tour and by the date stipulated in such Travel Condition Document (if the application is made within seven (7) days before the commencement date of the tour, the stipulated date falls on the commencement date of the tour).
• In the case of the preceding Paragraph, when the Traveler requests the confirmation of arrangements, the Company shall promptly and properly respond to the request even if the Confirmation Document has not been delivered.
• When the Confirmation Document has been delivered as stipulated in Paragraph 1, the scope of the Travel Services, which the Company will be liable for making arrangements and managing itineraries in accordance with Paragraph 2 of the preceding Article, shall be subject to the specification of the Confirmation Document.

(Tour Fares)

Article 11

• The Traveler shall pay the Tour Fares to the Company in the sum specified in the Travel Condition Document by the date stipulated in the Travel Condition Document.

CHAPTER 3. CHANGES OF CONTRACT

(Changes of the Contents of Contract)

Article 12

• When some causes occur such as natural disaster, war, riot, cancellation or suspension of Travel Services by transportation, accommodation or others, orders from the government or public authority, or provision of transportation services different from those sevices originally scheduled, or when other causes beyond the control or direct involvement of the Company occur, and if it becomes necessary to ensure the safe and smooth operation of the tour, the Company may change the itineraries, the contents of Travel Services or other contents of the Contract for Agent-Organized Tour (hereinafter referred to as "Contents of Contract"), after promptly giving an explanation to the Traveler that the matter is beyond the control or direct involvemnt of the Company and why the changes should be made due to such causes. However, in the event of an emergency and when circumstances necessitates it, such explanation may be given after the changes are made.

(Changes of Amount of Tour Fares)

Article 13

• When, due to significant change in the economic situation or other factors, fares and charges applied to the transportation facilities for the Agent-Organized Tour (hereinafter referred to as "Applied Transportation Fares and Charges" in this Article) have been increased or reduced far beyond the properly anticipated amount judging from the Applied Transportation Fares and Charges publicly stated as valid at the time of the Agent-Organized Tour being advertised for participants, the Company may increase or reduce the Tour Fares within the range of the amount increased or reduced.
• The Company shall, when the Tour Fares are increased in accordance with the provisions of the preceding Paragraph, notify the Traveler to that effect at least sixteen (16) days before the commencement date of the tour.
• When the Applied Transportation Fares and Charges provided in Paragraph 1 are reduced, the Company shall return the Tour Fares in the amount reduced in accordance with the provisions of Paragraph 1.
• When changes to the Contents of the Contract for Agent-Organized Tour result in a reduction of expenses necessary for operating the tour, or on the contrary, result in an increase of expenses necessary for operating the tour in accordance with the provisions of the preceding Article (except changes due to a shortage of available seats, rooms or other facilities when normal Travel Services are provided by the transportation or accommodation facilites), the Company may change the amount of the Tour Fares within the difference between the original amount and the reduced/increased amount at the time of changes to the Contents of the Contract.
• The Company may change the amount of the Tour Fares in accordance with the Travel Condition Document when the number of participants has changed after concluding the Contract for Agent-Organized Tour due to causes not attributable to the Company, insofar as the said Travel Condition Document states that Tour Fares may vary depending on the number of participants for using the transportation or accommodation facilities.

(Change of Tour Participants)

Article 14

• The Traveler who has entered into a Travel Contract for Agent-Organized Tour may, with the consent of the Company, transfer the Contract to a third party.
• The Traveler who intends to ask for the consent of the Company as stipulated in the preceding Paragraph shall enter the necessary matters in the form prescribed by the Company and submit it to the Company together with fixed amount of fee.
• The transfer of the status in the Contract as stipulated in Paragraph 1 shall become valid and effective when the Company has given its consent; and thereafter the third party who has obtained the status of the Traveler in the Contract shall succeed to all the rights and duties of the Traveler under the Contract for Agent-Organized Tour concerned.

CHAPTER 4. CANCELLATION OF CONTRACTS

(The Traveler's Right to Cancel)

Article 15

• The Traveler is entitled to cancel the Contract for Agent-Organized Tour anytime after paying the Company a cancellation charge prescribed in the attached Table No. 1.
• The Traveler may, notwithstanding the provisions of the preceding Paragraph, cancel the Contract for Agent-Organized Tour before the commencement of the tour without paying a cancellation charge under any of the following cases.
  • (1) When the Contents of the Contract for Agent-Organized Tour have been changed; provided that such change is listed in the first column of the attached Table No. 2 or is deemed important.
  • (2) When the Tour Fares are increased in accordance with the provisions of Paragraph 2, Article 13.
  • (3) When, due to such causes as natural disaster, war, riot suspended provision of Travel Services by transportation, accommodation or other facilities, order from the government or public authorities, or other causes, the safe and smooth operation of the tour is threatened or is highly likely to be threatened.
  • (4) When the Company has failed to deliver the Confirmation Document to the Traveler by the date stipulated in Paragraph 1, Article 10.
  • (5) When, due to causes attributable to the Company, operation of the tour in accordance with the itineraries stipulated in the Travel Condition Document has become impossible.
• When, after the commencement of the tour, due to causes not attributable to the Traveler, it has become impossible for the Traveler to receive the Travel Services stipulated in the Travel Condition Document, or when the Company has notified the Traveler to that effect, the Traveler may cancel a part of the Contract for Travel Services which has become unavailable for the Traveler to receive without paying a cancellation charge, notwithstanding the provisions of Paragraph 1. In such case, the Company shall return the Traveler the costs related to the part of the Travel Services the Traveler was unable to receive.

(The Company's Rights to Cancel and Other Matters thereon -- Cancellations before the Commencement of the Tour)

Article 16

• The Company may cancel the Contract for Agent-Organized Tour before the commencement of the tour under the following cases. In such case the Company shall give an explanation thereof to the Traveler in advance.
  • (1) When it has been proved that the Traveler does not satisfy such requirements as sex, age, qualification, skill or others clearly prescribed by the Company as necessary for participating the tour concerned.
  • (2) When the Traveler is recognized to be unfit to join the tour due to illness or other reasons.
  • (3) When there seems to be evident that the Traveler is likely to cause other Travelers embarrassment or inconvenience or is likely to interfere with the smooth operation of the collective activities of the other tour participants.
  • (4) When the number of participants in the tour involved has not reached the minimum number as necessary for the tour which the Company has stipulated in the Travel Condition Document.
  • (5) When there is a great possibility that a certain condition which is necessary to carry out the tour and stated clearly at the conclusion of the Contract cannot be satisfied, for example a necessary snowfall for the tour with main purpose being skiing.
  • (6) When, due to such causes as natural disaster, war, riot, suspended provision of Travel Services by transportation, accommodation or other facilities, orders from the government or public authorities, or other causes beyond the control or direct involvement of the Company, the safe and smooth operation of the tour in accordance with the itinerary stipulated in the Travel Condition Document has become impossible, or when there is a great possibility not to conduct such tour.
• When the Traveler has not paid the Tour Fares by the date specified in the Travel Condition Document as stipulated in Article 11, it shall be deemed that the Traveler has canceled the Contract for Agent-Organized Tour on the day subsequent to the date specified. In such case, the Traveler is required to pay the Company a penalty in the sum equivalent to the cancellation charges stipulated in Paragraph 1 of the preceding Article.
• When the Company intends to cancel the Contract for Agent-Organized Tour due to causes stipulated in Item (4), Paragraph 1, the Company shall notify the Traveler of the cancellation of the tour thirteen (13) days before in the case of Domestic Tour (as for the one-day tour, three (3) days before) or twenty three (23) days before in the case of Overseas Tour (as for tours which depart in the peak period as provided in the attached Table No. 1, thirty three (33) days before), from the commencement date of the tour.

(The Company's Right to Cancel -- Cancellations after the Commencement of the Tour)

Article 17

• The Company may, under the following cases, cancel a part or parts of the Contract for Agent-Organized Tour even after the tour has commenced, upon giving an advance explanation to the Traveler thereof.
  • (1) When the Traveler is unable to continue the tour due to illness or other reasons.
  • (2) When the Traveler threatens to disturb the orderly collective activities of the other tour participants and interfere with the safe and smooth operation of the tour, for example, when the Traveler disobeys the tour conductor's instructions for conducting the safe and smooth operation for the tour.
  • (3) When continuance of the tour has become impossible due to such causes as natural disaster, war, riot, suspended provision of Travel Services by transportation, accommodation or other facilities, order by the competent government or public authorities, or other causes beyond the control or direct involvement of the Company.
• When the Company has canceled the Contract for Agent-Organized Tour in accordance with the provisions of the preceding Paragraph, the relation between the Company and the Traveler for the Contract shall become void only for future events. In such case, the Company's liabilities for the Travel Services which have already been rendered to the Traveler shall be deemed as having been validly performed.
• For the cases stipulated in the preceding Paragraph, the Company shall refund the Traveler the portion of Tour Fares pertaining to the part or parts of the Travel Services which have not yet been rendered to the Traveler.

(Refunds of the Tour Fares)

Article 18

• When the Tour Fares are reduced in accordance with the provisions of Paragraphs 3, 4 and 5, Article 13 or the Contract for Agent-Organized Tour is canceled in accordance with the provisions of the preceding three Articles, the Company shall return the Tour Fares, if any, within seven (7) days from the subsequent date of cancellation if the refund has resulted from a cancellation made before the commencement of the tour, and within thirty (30) days from the completion date of the tour stipulated in the Travel Condition Document if the refund resulted from reduced Tour Fares or a cancellation of the Contract after the tour had begun. However, when the Contract for Agent-Organized Tour has been canceled due to any of the Items of Paragraph 1, Artcle 17 (except the case the Traveler is required to pay the penalty in accordance with Paragraph 1, Article 15), if the Company has already paid or will have to pay cancellation charges, penalty or others, these expenses shall be borne by the Traveler, even if the Traveler was not rendered the Travel Services due to cancellation.
• The provisions of the preceding Paragraph shall not prejudice the right of the Traveler or the Company to claim for the damage as prescribed in Article 23 or Article 26 respectively.

(Arrangements for the Return Trip after the Cancellation of the Contract)

Article 19

• When the Company has canceled the Contract for Agent-Organized Tour after the commencement of the tour in accordance with the provisions of Item (1) or (3), Paragraph 1, Article 17, in compliance with the Traveler's request, the Company shall make the necessary travel arrangements for the Traveler for returning back to the departure place of the tour.
• For the cases stipulated in the preceding Paragraph, all expenses necessary for traveling back to the departure place of the tour shall be borne by the Traveler.

CHAPTER 5. BUSINESS OF MANAGING ITINERARIES

(Business of Managing Itineraries)

Article 20

• The Company shall try to ensure the safety of the Traveler and the smooth operation of the tour and handle the following business for the Traveler. However, this shall not apply when the Company and the Traveler have entered into a special contract other than that.
  • (1) When it is deemed that the Traveler is in danger of losing the opportunity of receiving Travel Services during the tour, the Company shall take the reasonably necessary measures for the Traveler to be able to receive the Travel Services in accordance with the Contract for Agent-Organized Tour.
  • (2) In the case changes to the Contents of the Contract become unavoidable notwithstanding the measures taken under the preceding Item, the Comapny shall make arrangements for alternative services. In such case, the Company shall endeavor to minimize the changes to the Contents of the Contract by trying, for example, when the itinerary is to be changed, to make the intent of the changed itinerary meet the original itinerary, or as another example, when the contents of Travel Services are to be changed, by trying to make the changed Travel Services as good as the original Travel Services.

(The Company's Instructions)

Article 21

• The Traveler shall, from the beginning to the completion of the tour, for activities in the group, comply with instructions given by the Company to ensure the safe and smooth operation of the tour.

(Assignments for Tour Conductors or Others)

Article 22

• The Company may, depending on the contents of the tour concerned, appoint one or more tour conductors or others to accompany the Traveler and have them carry out all or a part of the business for the tour as stipulated in the Article 20 or other business considered by the Company as reasonably necessary in connection with the Agent-Organized Tour concerned.
• The tour conductors or others stipulated in the preceding Paragraph shall render or conduct the services stipulated in the same Paragraph in principle between 8:00 and 20:00.

CHAPTER 6. LIABILITIES

(The Company's Liabilities)

Article 23

• When conducting the Contract for Agent-Organized Tour, if the Company or Sub-contractor whom the Company deputes to make necessary arrangements as an agent in accordance with the provisions of Article 4 and has caused damage to the Traveler through intention or negligence, the Company shall be liable for compensating the Traveler for such damage, provided that such damage is reported to the Company within two years from the subsequent date from the day such damage took place.
• The Company shall, notwithstanding the preceding Paragraph, compensate for the damage on baggage as stipulated in the preceding Paragraph, provided that such damage was reported to the Company within fourteen (14) days from the subsequent date from the day such damage took place for Domestic Tour, and within twenty one (21) days from the subsequent date from the day such damage took place for Overseas Tour, and within the limit of 150,000 yen per Traveler.

(Special Compensation)

Article 24

• The Company shall, notwithstanding whether or not the Company is liable as in Paragraph 1 of the preceding Article, in accordance with the provisions stated in the attached Special Compensation Rules, pay a sum for compensation and solatium in a prescribed amount, for certain damage caused to the Traveler's life, person, or baggage during the Traveler's participation in the Agent-Organized Tour.
• Of the damages prescribed in the preceding Paragraph, if the Company is liable in accordance with the provisions of Paragraph 1 of the preceding Article, the compensation in the preceding Paragraph payable by the Company shall be deemed to be for the damages concerned within the amount limit for the damage payable by the Company accruing from such liability.
• For the cases stipulated in the preceding Paragraph, the Company's liability in accordance with the provisions of Paragraph 1 shall be reduced by the amount equivalent to the compensation (including the compensation that is deemed for part of the damages as stipulated in the preceding Paragraph) payable by the Company in accordance with the provisions of Paragraph 1 of the preceding Article.
• When the Company organizes another Agent-Organized Tour for the Traveler participating in the Company's Agent-Organized Tour by collecting Tour Fares separately from such Traveler, such tour shall be treated as part of the Contents of Contract for the main Agent-Organized Tour.

(Travel Itinerary Booking Guarantee)

Article 25

• When the substantial changes to the Contents of Contract listed in the upper part of the attached Table 2 occur (excluding changes listed in the following Items not stipulated in matters in parentheses of Paragraph 4, Article 13), the Company shall make payment for the Compensation for Substantial Contract Changes which shall be not less than the amount derived by multiplying the Tour Fares by the rate listed in the latter part of the said table, within thirty (30) days from the subsequent day of the completion of the tour. However, this shall not be applicable if it is evident that the Company is liable under the provisions of Paragraph 1, Article 23.
  • (1) Changes caused by the followings.
    • Natural disaster
    • War
    • Riot
    • Orders from the government or public offices
    • Cancellation or suspension of Travel Services by transportation, accommodation or other suppliers.
    • Rendering transportation services that are not in the original operation plan.
    • Necessary measures to ensure physical security or safety of life of a participating Traveler.
  • (2) Changes concerning the part of the Contract for Travel Services cancelled, caused by the cancellation when the Contract for Agent-Organized Tour is canceled in accordance with the provisions of Article 15, 16 and 17.
• The sum of amount for the Compensation for Substantial Contract Changes the Company shall pay is limited to the amount that is derived by multiplying Tour Fares by the rate set by the Company and this rate shall be 15% or more. And this calculation shall be done for each Traveler for one Agent-Organized Tour. If the payment amount for the Compensation for Substantial Contract Changes for one Traveler and one Agent-Organized Tour is less than 1,000 yen, the Company shall be exempt from such Compensation for Substantial Contract Changes.
• If it becomes evident that the Company is liable under the provisions of Paragraph 1, Article 23 after the Company has made a payment for the Compensation for Substantial Contract Changes as stipulated in the provisions of Paragraph 1, the Traveler shall return to the Company the Compensation for Substantial Contract Changes made for the change concerned. In such case, the Company shall pay the offset balance of Compensation for Damage payable by the Company in accordance with the provisions of the same Paragraph and the Compensation for Substantial Contract Changes the Traveler shall be returning.

(The Traveler's Liabilities)

Article 26

• When the Traveler has caused damage to the Company with an intent or through negligence, the Traveler shall, be liable for compensating the Company for such damage.

CHAPTER 7. BUSINESS GUARANTEE BONDS (FOR NON-SECURITY MEMBERS OF AN ASSOCIATION OF TRAVEL AGENTS)

Article 27

• We are the Security Member of the Japan Association of Travel Agents (located at Zen-Nittu Kasumigaseki Bldg., 3-3 Kasumigaseki 3-chome, Chiyoda-ku, Tokyo 100-0013 Tokyo).
• The Traveler or the Constituent Member, who has concluded the Package Tour Contract with us, is entitled to receive reimbursement from the Redemption Business Guarantee Bonds deposited by the Association of Travel Agents which is described in the preceding Paragraph, up to the maximum amount of 250,000,000 yen.
• As we have paid our share of the Redemption Business Guarantee Bonds to the Association of Travel Agents in accordance with the provision of Article 22, Paragraph 10 (1) of the Travel Agency Law, we have not deposited the Business Guarantee Bonds based on Article 7, Paragraph 1 of the Travel Agency Law.