Terms and Conditions

Standard Form Travel Agent Contract

(General Terms and Conditions)

 

- Order-Taking Type Customized Tour Contract Section

-Chapter 1 - General Provisions

Article 1 - Scope of Application

01.01. The Contract of our Company (hereinafter to be referred to as "We," "Us," or "Our" as the case may be) concerning the Order-Taking Type Customized Tour (hereinafter referred to as "Customized Tour") to be concluded with the Traveler shall be based on this Contract under the following terms and conditions. In case there is any matter not stipulated in this Contract, ordinance or generally established practice shall be applied.

01.02. In the case that we conclude a Special Contract with the Traveler in writing without violating the relevant law or harming the interest of the Traveler, such a Special Contract shall be given priority, notwithstanding the provision of the preceding Paragraph 01.01.

Article 2 - Definition of Terminology

02.01. In this Contract, " Customized Tour" shall mean such Tours as those for which we prepare at the request of the Traveler travel plans including the destination and itinerary, type of transport and contents of accommodation service to be offered to the Traveler as well as the Tour Price payable to us by the Traveler and which shall be implemented as planned.

02.02. In this Contract, "Inland Trip" shall mean trips planned for travel within Japan only, and "Overseas Trip" shall mean those trips other than inland trips.

02.03. In this Section, "Communication Contract" shall mean the Customized Tour Contract, which is concluded with the card member of the credit card company affiliated with us (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 regarding the settlement of the obligation or liability held by us, such as the Tour Price, etc., under the Customized Tour Contract, on or after the due date of such obligation or liability according to the separately provided card membership rules

of the Affiliated Company and also subject to payment of the Tour Price, etc. payable under the said Customized Tour Contract by the methods specified in 12.02, the latter Paragraph of 16.01, and 19.02 hereunder.

02.04. In this Section, "Electronically Consented Notice" shall mean a notice issued in acceptance of the subscription for the Contract, and is conducted by means of transmission, among the methods utilizing information-communication technologies, via telecommunication lines connecting the computer, facsimile, telex or telephone (hereinafter referred to as the "Computer, etc."), used by us connected to the Computer, etc. used by the Traveler.

02.05. In this Contract, "Date Card Used" shall mean the date when the Traveler or our Company is obligated to pay the Tour Price, etc. or execute refundable liability under the Customized Tour Contract.

Article 3 - Contents of Tour Contract

03.01. We undertake to make arrangements and administer the itinerary under the Customized Tour Contract so that the Traveler may be provided with transport, transport and accommodation which are offered by accommodation facilities, and other services concerning the Tour (hereinafter referred to as the "Tour Service"), according to the itinerary set by us.

Article 4 - Business Agent

04.01. There are cases where we may engage other travel agents, professional arrangers or other helpers inside or outside Japan to make arrangements in whole or in part on our behalf for the execution of the Customized Tour Contract.

 

Chapter 2 - Conclusion of the Tour Contract

 

Article 5 - Delivery of the Customized Plan Document

05.01. Upon receipt of a request from the Traveler about to subscribe to us for the Customized Tour Contract, we will deliver to the Traveler, unless prevented due to business-related reasons, the document describing the contents of our Customized Travel Plan prepared at the request of the Traveler, such as the itinerary, contents of tour service, Tour Price, and other conditions concerning the travel to be undertaken.

05.02. There are cases where we will specify in the Customized Document of the preceding Paragraph the amount of our handling charge for the Customized Travel Plan (hereinafter to be referred to as the "Planning Charge") as a breakdown of the Tour Price.

Article 6 - Subscription for the Tour Contract

06.01. The Traveler who wishes to subscribe for our Customized Tour Contract concerning the contents of the Travel Plan described in the Plan Document of the preceding Article 05.01, will be required to fill in the necessary information on the Application Form designated by us (hereinafter referred to as the "Application Form") and submit it to us together with the Application Fee in the amount separately specified by us.

06.02. Notwithstanding the provision of the preceding Paragraph 06.01, the Traveler, who wishes to subscribe for our Communication Contract concerning the contents of the Travel Plan described in the Plan Document of the preceding Article 05.01, will be required to notify us of his/her membership number and other information.

06.03. The Application Fee specified in 06.01 above, shall be treated as part of the Tour Price (including the Planning Charge specified as a breakdown of the said Tour Price), or the Cancellation Charge or the Penalty.

06.04. In the case that the Traveler participating in the Customized Tour requires special attention, the said Traveler will be asked to mention such a request to us at the time of application for the Tour Contract. In this case we shall try to accommodate such a request as far as possible.

06.05. Any expenses incurred as a result of special arrangements made at the request of the Traveler under the preceding Paragraph 06.04 shall be borne by the said Traveler.

Article 7 - Rejection of the Conclusion of the Contract

07.01. There following are cases where we may decline to conclude the Customized Tour Contract:

(1) In the case that the Traveler subscribing for the Tour is likely to cause trouble to other Travelers or hinder smooth implementation of the Tour for the group.

(2) In the case that there is any inconvenience on our side which is related to our business.

(3) When the Communication Contract is about to be concluded, if the Traveler is unable to settle in part or in whole the liability related to his/her Tour Price, etc. as stipulated in the card membership rules of the Affiliated Company, due to such causes as the credit card held by the Traveler is found invalid.

Article 8 - Conclusion of the Tour Contract

08.01. The Customized Tour Contract shall be considered concluded when we have accepted the conclusion of the Contract and have received the Application Fee specified in 06.01.

08.02. Notwithstanding the provision of the preceding Paragraph 08.01, the Communication Contract shall be considered concluded when we send out a notice to the effect that we accept the conclusion of the Contract, except when an electronic notice of acceptance is sent out for the said Contract, in which case the Contract shall be considered concluded when the said electronic notice has reached the Traveler.

Article 9 - Delivery of Contract Document

09.01. We will deliver to the Traveler a document (hereinafter referred to as the "Contract Document") with details regarding the itinerary, contents of the Tour Service, Tour Price, and other conditions of the Tour as well as matters concerning our responsibility for the Tour, promptly after the Tour Contract has been concluded as defined in the preceding Article 8.

09.02. In cases where we have specified the amount of the Planning Charge in the Plan Document prepared as per 05.01, we shall also specify the said amount in the Contract Document of the preceding Clause 09.01.

09.03. The scope of the Tour Service involving our responsibility to make arrangements and administer the itinerary under the Customized Tour Contract shall be based on the description of the Contract Document of the preceding Paragraph 09.01.

Article 10 - Determinate Document

10.01. In the case that it is not possible to state the determinate itinerary or the names of transport or accommodation facilities in the Contract Document specified in the preceding Article 09.01., we shall list on a limited basis in the Contract Document the names of facilities scheduled for accommodation and the names of transport facilities important in the Travel Plan, and we shall deliver a document with descriptions of determinate conditions (hereinafter referred to as the "Determinate Document"), after we have delivered the said Contract Document on or before the date specified in the said Contract Document but no later than the day immediately preceding the starting date of the Tour (or the starting date of the Tour in cases where subscription for the Customized Tour Contract is made on and after the 7th day counted backward from the day immediately preceding the starting date).

10.02. In the case of the preceding Paragraph 10.01., when an inquiry is received from the Traveler who wishes to confirm the condition of arrangements, we shall respond promptly and properly to such an inquiry. even before the delivery of the Determinate Document to the said Traveler.

10.03. In the case that the Determinate Document has been delivered as specified in 10.01., the scope of the Tour Service involving our responsibility to arrange and administer the itinerary shall be limited to the scope described in the said Determinate Document.

Article 11 - Method of Utilizing Telecommunication Technology

11.01. When we have provided the Traveler, with his/her prior consent, with details to be stated in the document, the Contract Document, or the Determinate Document, at the time when he/she is about to conclude the Customized Tour Contract, such as the itinerary, contents of the Tour Service, the Tour Price, other conditions of the Tour, and our responsibility (hereinafter in this Article referred to as the "Described Details"), by means of utilizing telecommunication technology instead of delivering the said

document to the said Traveler, we shall confirm that the Described Details have been recorded on the file equipped in the communication equipment used by the Traveler.

11.02. In the case of the preceding Paragraph 11.01., when the communication equipment used by the said Traveler is not equipped with a file for recording the Described Details, we shall record the Described Details on the file (confined for exclusive use of the said Traveler) equipped in the communication equipment being used by us and confirm that the said Traveler has viewed the Described Details.

Article 12 - Tour Price

12.01. The Traveler will be required to pay to us the Tour Price for the amount specified in the Contract Document on or before the date described in the Contract Document prior to the starting date of the Tour.

12.02. When the Communication Contract has been concluded, we shall receive payment of the Tour Price in the amount specified in the Contract Document by the credit card of the Affiliated Company without obtaining the Traveler's signature on the designated voucher. In this case, the date the card is used shall be considered as the date the Tour Contract is concluded.

 

Chapter 3 - Alteration of the Contract

 

Article 13 - Alteration of Contract Contents

13.01. The Traveler may request us to change the contents of the itinerary or tour service or other contents of the Customized Tour Contract (hereinafter to be referred to as the "Tour Contents"), in which case we shall try to accommodate such requests of the Traveler as far as possible.

13.02. In case there arise such causes beyond our control as act of providence, maelstrom of war, civil commotion, suspension of Tour Services like transport and accommodation facilities, orders from government and other public agencies, transport service not based on our original transport plan, and other causes, and when it is considered unavoidable in order to effect the safe and smooth implementation of the Tour, we may be required to change the itinerary, contents of the Tour Service, and other contents of the Customized Tour Contract (hereinafter referred to as the "Contract Contents") by explaining promptly to the Traveler beforehand the reasons due to the uncontrollable nature of such causes and the correlation between such causes and subsequent changes, except at the time of emergencies, in which case, when unavoidable, we shall explain to the Traveler after the changes have been made.

Article 14 - Alteration of Tour Price

14.01. In case the transport fare and charge applicable to the transport facilities being used for the implementation of the Customized Tour (hereinafter in this Article referred to as the "Applicable Fare and Charge") are increased or reduced considerably beyond the level normally assumed, due to significant changes in economic and other conditions, compared with the Applicable Fare and Charge made public as effective rates at the time when the Plan Document for the Customized Tour was delivered, we shall be allowed to increase or reduce the amount of the Tour Price within the range of the amount thus increased or reduced.

14.02. In the case that we increase the Tour Price as provided in the preceding Paragraph 14.01., we shall inform the Traveler to that effect on or before the 15th day counted backward from the day immediately preceding the starting date of the Tour.

14.03. In the case that the Applicable Fare and Charge are reduced as provided in 14.01., we shall decrease the Tour Price by the amount thus reduced in accordance with the provision of the said Paragraph.

14.04. If any change in the contents of the Tour Contract according to the provisions of the preceding Article 13 causes any decrease or increase to accrue in the expense required for the implementation of the Tour (including the cancellation charge or penalty for the Tour Service unreceived due to the change in the contents of the said Contract, and/or other expenses already paid or payable from now), we may change the Tour Price within the range of the amount reduced or increased when the Contract

Contents are changed (except when such changes are caused by a lack of seats in the transport facilities or rooms in the accommodation or other facilities despite the relevant Tour Service provided by the transport and accommodation facilities).

14.05. When we have stated in the Contract Document that the Tour Price varies with the number of persons utilizing the transport and accommodation facilities, and when the number of persons participating in the Tour has been changed due to the causes not attributable to us after the conclusion of the Customized Tour Contract, there are cases where the amount of the Tour Price will be changed as described in the Contract Document.

Article 15 - Change of Traveler

15.01. The Traveler who has concluded the Customized Tour Contract may assign his/her status under the said Contract to a third party, subject to our consent.

15.02. In cases where the Traveler wishes to obtain our consent as provided in the preceding Paragraph 15.01, the said Traveler will be required to fill in the necessary information on the form designated by us and submit it to us together with the handling fee of the designated amount.

15.03. The assignment of the status under the Contract, as provided in 15.01., shall take effect when approved by us and the third party who has acquired the status under the Tour Contract. The third party shall hereafter inherit all the rights and obligations concerning the said Customized Tour Contract concluded by the Traveler.

 

Chapter 4 - Cancellation of the Contract

 

Article 16 - Traveler's Right to Cancel the Contract

16.01. The Traveler may cancel at any time the Customized Tour Contract by paying to us the cancellation charge specified in Schedule I. In the case that the said Traveler wishes to cancel the Communication Contract, we shall accept payment of the cancellation charge by using the card of the Affiliated Company without obtaining the said Traveler's signature on the designated voucher.

16.02. The Traveler may cancel, in the following cases, the Customized Tour without paying the cancellation charge before the start of the Tour, notwithstanding the provision of the preceding Paragraph 16.01:

(1) When the Contract Contents have been changed by us, but limited to only such cases as the changes listed in the left column of Schedule II and other important changes.

(2) When the Tour Price has been increased under the provision of 14.01.

(3) When there arise such causes as act of providence, maelstrom of war, civil commotion, suspension of Tour Services like transport and accommodation facilities, orders from government and public agencies, and other causes, which have disabled the safe and smooth implementation of the Tour or have increased the potential of disabling the Tour to an extreme extent.

(4) When we have failed to deliver the Determinate Document to the Traveler on or before the date specified in 10.01.

(5) When the implementation of the Tour has been precluded as scheduled according to the itinerary described in the Contract Document due to causes attributable to us.

16.03. When the Traveler has been unable to receive the Tour Service as described in the Contract Document after the start of the Tour due to causes not attributable to him/her or when we have informed him/her to that effect, the said Traveler may cancel the Contract for that portion of the Tour Service that he/she has been unable to receive, without paying the cancellation charge, notwithstanding the provision of 16.01.

16.04. In the case of the preceding Paragraph 16.03, we shall refund to the Traveler the portion of the Tour Price related to the portion of the Tour Service that has become unavailable. However, when the preceding case is not due to a cause attributable to us, we shall pay a refund to the said Traveler after deducting from the said amount the cancellation charge, penalty and other amount already paid or the amount related to the expenses payable from now for the said Tour Service.

Article 17 - Our Right to Cancel the Contract - Cancellation before the Start of the Tour

17.01. There are cases as follows where we will cancel the Customized Tour Contract before the start of the Tour by explaining to the Traveler the reason for the cancellation:

(1) In cases where the Traveler is considered unbearable to participate in the said Tour due to illness, absence of a necessary helper or other causes.

(2) In cases where the Traveler is likely to cause trouble to other Travelers or interfere with the smooth implementation of the Tour as a group.

(3) In cases where the Traveler has requested extra burden with regards to the contents of the Contract beyond a reasonable range.

(4) In cases where it is extremely likely that the Tour conditions required for implementation of the Tour as described at the time of the conclusion of the Contract, such as the amount of snowfall necessary for a ski Tour, may disable the tour.

(5) In cases where there arise such causes beyond our control as act of providence, maelstrom of war, civil commotion, suspension of Tour Services like transport and accommodation facilities, orders from government and public agencies, and other causes, which disable the safe and smooth implementation of the Tour as scheduled according to the itinerary described in the Contract Document, or which are extremely likely to disable the Tour.

(6) When the Communication Contract is concluded, in the case that the Traveler becomes unable to settle in part or in whole his/her liability relating to the Tour Price, etc. as provided in the card membership rules of the Affiliated Company due to such causes as the credit card held by the Traveler becomes invalid.

17.02. In the case that the Traveler does not pay the Tour Price by the due date specified in the Contract Document as provided in 12.01, the Traveler will be considered to have cancelled the Customized Tour Contract on the day immediately following the said due date. In this case, the said Traveler will be required to pay a penalty of the amount equal to the cancellation charge specified in 16.01.

Article 18 - Our Right to Cancel - Cancellation after the Start of the Tour

18.01. There are cases as follows where we may cancel part of the Customized Tour Contract even after the start of the Tour by explaining to the Traveler about the reason for the cancellation:

(1) In cases where the Traveler is unbearable to continue the Tour due to the absence of a necessary helper or other causes.

(2) In cases where the Traveler interferes with the safe and smooth implementation of the said Tour by not following the instructions given by our Tour Escort or other staff to implement the Tour safely and smoothly or disrupting the disciplinary order of the group activity by physically assaulting or threatening the said staff or other Travelers.

(3) In cases where there arise such causes beyond our control as act of providence, maelstrom of war, civil commotion, suspension of Tour Services like transport and accommodation facilities, orders from government and public agencies, and other causes, which have disabled the safe and smooth implementation of the Tour.

18.02. In the case that we have cancelled the Customized Tour Contract under the provision of the preceding Paragraph 18.01, the Contractual relationship between our Company and the Traveler ceases to exist only to the future. In this case, it will be considered that our liability related to the Tour Service already provided to the Traveler has been redeemed effectively.

18.03. In the case of the preceding Paragraph 18.02, we shall refund to the Traveler the amount remaining after deducting the cancellation charge, penalty charge and any other amount already paid or the amount related to the expenses payable from now for the said Tour Service from the amount covering the portion of the Tour Service which has not yet been offered to the Traveler out of the Tour Price.

Article 19 - Refund of the Tour Price

19.01. We shall refund to the Traveler the amount due in case there accrues a refundable amount due to the Traveler due to the reduction of the Tour Price under the provisions set forth from 14.03 through 14.05 or due to cancellation of the Customized Tour Contract under the provisions of the preceding three Articles from Article 16 through Article 18, within 7 days reckoned from the day immediately following the date of cancellation in the case of a refund due to cancellation before the start of the Tour, or within 30 days reckoned from the day immediately following the last day of the Tour which is stated in the Contract Document in the case of a refund due to the reduction of the Tour Price or cancellation after the start of the Tour.

19.02. In the case that the Communication Contract has been concluded with the Traveler, we shall pay a refund to the Traveler according to the card membership rules of the Affiliated Company if there accrues a refundable amount due to him or her due to reduction of the Tour Price under the provisions set forth from 14.03 through 14.05 or due to cancellation of the Communication Contract under the provisions of the preceding three Articles from Article 16 through Article 18. In this case, we shall notify the Traveler of the refundable amount due within 7 days reckoned from the day immediately following the date of cancellation in the case of a refund due to cancellation before the start of the Tour, or within 30 days reckoned from the day immediately following the last day of the Tour which is stated in the Contract Document in the case of a refund due to the reduction of the Tour Price or cancellation after the start of the Tour. The day when we have notified the Traveler shall be considered as the date of using the card.

19.03. The provisions of the preceding two Paragraphs, 19.01 and 19.02, shall not prevent the Traveler or our Company from exercising the right to claim compensation for damage under the provision of Article 28 or Article 31.01 hereto.

Article 20 - Arrangement for Return Trip after Cancellation of the Contract

20.01. In the case that we have cancelled the Customized Tour Contract after the start of the Tour under the provision of Article 18.01 (1) or 18.03, we shall undertake arrangements for the Tour Service needed for the Traveler to return to the departure place of the said Tour at the request of the Traveler.

20.2. In the case of the preceding Paragraph 20.01, all the expense required for the return trip to the departure place shall be borne by the Traveler.

 

Chapter 5 - Contracts with Organizations and Groups

 

Article 21 - Contracts with Organizations and Groups

21.01. We shall apply the provisions of this Chapter to the conclusion of the Customized Tour Contract in cases where we receive subscriptions from two or more Travelers who are to travel the same route at the same time, provided that each Traveler appoint a responsible representative (hereinafter referred to as the "Contract Representative").

Article 22 - Contract Representative

22.01. Unless a Special Contract is concluded, we shall consider the Contract Representative as the person holding all the power of representation concerning the conclusion of the Customized Tour Contract for the Travelers who compose his/her organization or group (hereinafter referred to as the "Constituent Member"), and we shall handle transactions concerning the Tour business related to the said organization or group and the business of Article 26.01 with the said Contract Representative.

22.02. The Contract Representative will be required to submit a list of the Constituent Members on or before the date set by us.

22.03. We shall not be held responsible for the liabilities or obligations which the Contract Representative assumes to the Constituent Members at present or the liabilities or obligations which the Contract Representative is expected to assume in the future.

22.04. In the case that the Contract Representative does not accompany his/her organization or group during the Tour, one of the Constituent Members appointed by the Contract Representative beforehand shall be considered by us as the Contract Representative after the start of the Tour.

Article 23 - Special Rule of the Conclusion of the Contract

23.01. When we conclude the Customized Tour Contract with the Contract Representative, there are cases where we accept the conclusion of the Customized Tour Contract without receiving payment of the Application Fee, notwithstanding the provision of Article 26.01.

23.02. When we conclude the Customized Tour Contract with the Contract Representative without receiving payment of the Application Fee under the provision of the preceding Paragraph 23.01, we shall deliver to the Contract Representative a Document written to that effect, and the Customized Tour Contract shall be considered concluded when we have delivered the said Document to the Contract Representative.

 

Chapter 6 - Administration of Itinerary

 

Article 24 - Administration of Itinerary

24.01. We shall make efforts to secure the safe and smooth implementation of the travel for the Traveler and to carry out the following services for the Traveler, except when we have concluded with the Traveler a Special Contract which differs from these services:

(1) In cases where it is considered that the Traveler may not be able to receive the Tour Service during the Tour, to take necessary measures to ensure that the Traveler will receive the Tour Service as specified in the Customized Tour Contract.

(2) In cases where it becomes unavoidable to alter the contents of the Tour Contract despite the measures taken as described in the preceding Paragraph, to make arrangements for alternative services. If the itinerary of the Tour is to be changed, we shall make efforts to make the alternative itinerary after the change measure up to the purport of the original itinerary. Also in cases where we are required to change the contents of the Tour Services, we shall try to minimize alterations of the Contract Contents by making the contents of the Tour Service after the change as close to the

originally planned contents as possible.

Article 25 - Instructions of Our Company

25.01. The Traveler will be required to follow the instructions of our Company while the Tour is conducted as a group during the Tour from its start to its finish, in order to implement the Tour safely and smoothly.

Article 26 - Services of Tour Escorts, Etc.

26.01. There are cases where we shall ask Tour Escorts or others to accompany the Tour, depending on the contents of the Tour, and handle the services described in the respective Paragraphs of Article 24 in whole or in part or any other services which we consider necessary in connection with the said Customized Tour.

26.02. The service hours for the said Tour Escorts or others to engage in the services described in the preceding Paragraph 26.01 shall be in principle from 8:00 to 20:00.

Article 27 - Protective Measures

27.01. In the case that a situation arises where we consider the Traveler to be in a condition requiring protection due to sickness, injury, ect. during the travel, we may take the necessary measures. In these cases, if the cause is not blamed on us, the expenditure required for the said measures shall be borne by the said Traveler and shall be payable by the Traveler on or before the date set by us by the method designated by us.

 

Chapter 7 – Responsibility

 

Article 28 - Responsibility of Our Company

28.01. We shall be responsible for compensating for the damage caused to the Traveler intentionally or negligently by us or by our agent (hereinafter referred to as the "Business Agent") who has been engaged by us to make arrangements on our behalf under the provision of Article 4, but limited only to cases when notice has been given to us within two years from the day immediately following the day when the damage occurred.

28.02. In cases where the Traveler has suffered damage due to causes beyond the control of our Company or our Business Agent, such as acts of providence, maelstrom of war, civil commotion, suspension of Tour Services like transport and accommodation facilities, orders from government and other public agencies, and others causes, we shall not be held responsible for compensation except in the case of the preceding Paragraph 28.01.

28.03. Regarding damage caused to baggage as described in 28.01, notwithstanding the provision of the said Paragraph, we shall compensate the Traveler up to ¥150,000 as a maximum amount per Traveler (except in cases where the damage has been caused by us intentionally or by gross negligence), only in cases where we have been notified of the damage within 14 days in the case of inland trips and within 21 days in the case of overseas trips, counted respectively from the day immediately following the day when the damage has occurred.

Article 29 - Special Compensation

29.01. We shall pay compensation and a solatium of the amount set beforehand for damage caused to the life, body or baggage of the Traveler while he/she is participating

in a Customized Tour, in accordance with the provision of the separate Rules of Special Compensation, regardless of whether or not the damage has been caused due to our responsibility under the preceding Article 28.01.

29.02. In cases where we are responsible under the provision of the preceding Article 28.01 for the damage caused as described in the preceding Paragraph 29.01, the compensation money payable by us within the limit of the amount of compensation money payable based on the said responsibility according to the preceding Paragraph 29.01 shall be considered as the compensation money for the said damage.

29.03. In such a case as provided in the preceding Paragraph 29.02, our responsibility to pay the indemnity based on the provision of 29.01 shall be reduced by the amount equal to the compensation money payable by us under the provision of the preceding Article 28.01 (including the indemnity considered as the compensation money according to the provision of the preceding Paragraph 29.02).

29.04. The Subscription Type Package Tour which we implement by collecting a separate Tour Price from the Traveler participating in our Customized Tour shall be handled as part of the contents of the Customized Tour Contract.

Article 30 - Guarantee of Itinerary

30.01. In the case that a serious alteration is made to the Tour Contents described in the left column of Schedule II (except the alterations described in each of the following instances (excluding alterations caused by the lack of seats in the transportation facilities or the lack of rooms in the accommodation or other facilities despite the fact that the said Tour Service is provided by the transport and accommodation facilities)), we shall pay compensation money for such alterations which is equal to or in excess of the amount reached by multiplying the Tour Price by the percentage specified in the

right column of the said Schedule within 30 days counted from the day immediately following the last day of the Tour, except in cases where it is clear that we will bear the responsibility under the provision of Article 28.01 regarding the said alterations.

(1) Alterations due to the following causes:

(a) Act of providence.

(b) Maelstrom of war.

(c) Civil commotion.

(d) Orders from government and other public agencies.

(e) Suspension of Tour Services like transport and accommodation facilities.

(f) Offering a transport service not based on the original travel plan.

(g) Measures required to ensure the safety of the life or body of the Tour Participants.

(2) Alterations relating to the portion altered following the changes made to the

Customized Tour under the provision of Article 13.01 and those relating to the portion cancelled due to the cancellation of the Customized Tour Contract based on the provisions from Article 16 through Article 18.

30.02. The maximum amount of compensation money payable by us for the alteration shall be the amount reached by multiplying the Tour Price per Traveler for the Customized Tour by the percentage set by us in excess of 15%. However, in the case that the amount of compensation money payable per Traveler for the Customized Tour falls below ¥1,000, we shall not pay the compensation money for the alteration.

30.03. In the case that it becomes clear that we are liable for the said alteration, based on the provision of Article 28.01 after we have paid compensation money for the alteration in accordance with the provision of 30.01, the Traveler will be required to reimburse to us the compensation money paid for the said alteration. In this case, based on the provision of the same Paragraph, we shall pay the balance by offsetting the amount of the compensation money payable by us by the amount of the compensation money for the alteration that is refundable by the Traveler.

Article 31 - Responsibility of the Traveler

31.01. In the case that we have suffered damage due to the willfulness or fault of the Traveler, the said Traveler will be required to compensate us for the damage.

31.02. When the Traveler concludes the Customized Tour Contract, the Traveler will be required to try to understand the contents of the Customized Tour Contract, such as the right and obligation of the Traveler, etc., by utilizing the information provided by us.

31.03. In order for the Traveler to smoothly receive the Tour Service described in the Contract Document after the start of the Tour, the Traveler will be required to report promptly to us, our business agent or the provider of the said Tour Service at the Touring point if and when the Traveler realizes that a Tour Service different from the Contract Document has been offered.

 

Chapter 8 - Business Guarantee Bonds

 

(In Cases of Not Being a Security Member of the Association of Travel Agents)

Article 32 - Business Guarantee Bonds

32.01. The Traveler or the Constituent Member, who has concluded the Package Tour Contract with us, is entitled to receive reimbursement from the Business Guarantee Bonds deposited by us under the provision of Article 7.01 of the Travel Agency Law in connection with the claim arising from the said transaction.

32.02. The name and place of the Deposit Office where we have deposited the Business Guarantee Bonds are as follows:

(1) Name: Kyoto Deposit Office

(2) Place: Kawaramachi-Higashi-iru, Kojinguchi-dori, Kamigyo-ku, Kyoyo-shi

Schedule I - Cancellation Charge (relating to Article16.01)

1. Cancellation Charges relating to Inland Trips

Classification 　　　　　　　　　　　　　　　　　　　　　　　 

(1) Customized Tour Contract excluding (2) below.

(a) In a case other than the following cases from (b) through (f) (but limited to cases where we have specified the amount of the Planning Charge in the Contract Document)

(b) If the Contract is cancelled on or after the 20th day (the 10th day in the case of a day trip) counted backward from the day immediately preceding the starting day of the Tour (except the following cases from (c) through (f))

(c) If the Contract is cancelled on or after the 7th day counted backward from the day immediately preceding the starting day of the Tour (except the following cases from (d) through (f))

(d) If the Contract is cancelled on the day immediately preceding the starting day of the Tour

(e) If the Contract is cancelled on the very day when the Tour starts

(f) If the Contract is cancelled after the start of the Tour or the Traveler does not participate in the Tour without notice

Cancellation Charge

(a)Amount equal to the Planning Charge

(b)Not more than 20% of the Tour Price

(c)Not more than 30% of the Tour Price

(d)Not more than 40% of the Tour Price

(e)Not more than 50% of the Tour Price

(f)Not more than 100% of the Tour Price

(2) Customized Tour Contract using a Chartered Vessel

Based on the rules of the cancellation charge for the said Vessel

Note: The amount of the cancellation charge shall clearly be specified in the Contract Document.

 

2. Cancellation Charges relating to Overseas Trips

Classification

(1) Customized Tour Contract using an Aircraft when leaving Japan or returning to Japan

(excluding the Tour Contracts described in (2) and (3) below.

(a) In a case other than the following cases from (b) through (d) (but limited to the cases where we have specified the amount of the Planning Charge in the Contract Document)

(b) If the Contract is cancelled on or after the 30th day counted backward from the day immediately preceding the starting day of the Tour (except the following cases from (c) through (d))

(c) If the Contract is cancelled on or after two days before the starting day of the Tour (except the following case described in (d) below)

(d) If the Contract is cancelled after the start of the Tour or the Traveler does not participate in the Tour without notice

Cancellation Charge

(a)Amount equal to the Planning Charge

(b)Not more than 20% of the Tour Price

(c)Not more than 50% of the Tour Price

(d)Not more than 100% of the Tour Price

(2) Customized Tour Contract using a Chartered Aircraft

(a) In a case other than the following cases from (b) through (f) (but limited to the cases where we have specified the amount of the Planning Charge in the Contract Document)

(b) If the Contract is cancelled on or after the 90th day counted backward from the day immediately preceding the starting day of the Tour (except the following cases from (c) through (e))

(c) If the Contract is cancelled on or after the 30th day counted backward from the day immediately preceding the starting day of the Tour (except the following cases from (d) through (e))

(d) If the Contract is cancelled on or after the 20th day counted backward from the day immediately preceding the starting day of the Tour (except the following case described in (e) below)

(e) If the Contract is cancelled on or after the 3rd day counted backward from the day immediately preceding the starting day of the Tour or the Traveler does not participate in the Tour without notice

Cancellation Charge

(a)Amount equal to the Planning Charge

(b)Not more than 20% of the Tour Price

(c)Not more than 50% of the Tour Price

(d)Not more than 80% of the Tour Price

(e)Not more than 100% of the Tour Price

(3) Customized Tour Contract using a Vessel when leaving Japan or returning to Japan

Based on the rules of the cancellation charge for the said Vessel

Note: The amount of the cancellation charge shall clearly be specified in the Contract Document.

Schedule II - Compensation Money for Alterations

(relating to Article 30.01)

Alterations Requiring Payment of Compensation Money

(1) Alterations of the starting day or last day of the Tour described in the Contract Document

(2) Alterations of sightseeing spots or sightseeing facilities (including restaurants) and other destinations of the Tour

(3) Alterations in the class or the facilities of Transportation Facilities to those with lower rates than

those described in the Contract Document (but limited only to the cases where the total amount of charges for the class and facilities after alterations fall below the total amount for those specified in the Contract Document)

(4) Alterations in the type of transport or in the names of the companies described in the Contract Document

(5) Alterations to flights departing from and/or ending in Japan from those specified in the Contract Document.

(6) Alterations to a direct flight scheduled to fly from Japan to outside Japan as mentioned in the Contract Document to a connecting flight or an indirect flight.

(7) Alterations in the type or name of the accommodation facilities which are specified in the Contract Document

(8) Alterations in the conditions of guest rooms as specified in the Contract Document, such as the type of guest rooms, facilities, scenery, etc.

Percentage per Case (%)

Before the start of the Tour     After the start of the Tour

(1)                     1.5                                             3.0

(2)                     1.0                                             2.0

(3)                     1.0                                             2.0

(4)                     1.0                                             2.0

(5)                     1.0                                             2.0

(6)                     1.0                                             2.0

(7)                     1.0                                             2.0

(8)                     1.0                                             2.0

Note 1. "Before the Start of the Tour" shall refer to cases where the Traveler has been notified of the relevant alteration on or before the day immediately preceding the starting day of the Tour, and "After the Start of the Tour" shall refer to cases where the Traveler has been notified of the relevant alteration on or after the starting day of the Tour.

Note 2. When the Determinate Document has been delivered, this Schedule shall be applied by reading "Contract Document" as "Determinate Document". In this case, if any alterations take place between the described contents of the Contract Document and the described contents of the Determinate Document or between the described contents of the Determinate Document and the contents of the service actually offered, each respective alteration shall be treated as one case.

Note 3. If transport facilities related to the alterations described in (3) or (4) above involve the use of accommodation facilities, each overnight stay shall be treated as one case.

Note 4. Alternations in the names of companies operating transport facilities under (4) above will not be applicable in cases where alterations involve changes to a higher class or more sophisticated facilities.

Note 5. Even if the alterations described in (4) or (7) or (8) above take place in multiple cases during one ride on a transport vehicle or one overnight stay