Article 1 Purpose
The purpose of these Terms of Use is to comply with the terms and conditions of a contract on domestic tours entered into by and bewteen “name of a travel agency” (hereinafter “Travel Agency”) and travelers and to set forth any matters to be observed in connection with the foregoing.
Article 2 Obligations of Travel Agency and Travelers
1) The Travel Agency shall perform its duties when establishing and carrying out a travel plan, such as arranging for and making announcements on tours, transportation, and accommodations, to ensure the provision of safe and satisfactory travel services for travelers.
2) Travelers shall actively cooperate with the Travel Agency in encouraging harmony among travelers and maintaining travel order for the purpose of ensuring safe and enjoyable tours.
Article 3 Types and Definitions of Tours
The types and definitions of tours are as follows.
1) Generally recruited tours mean those that recruit travelers in accordance with travel conditions set by the Travel Agency.
2) Tailor-made tours mean those that are conducted by the Travel Agency for the satisfaction of travel conditions desired by travelers.
3) Entrusted tours mean those that are designed by the Travel Agency and for which travelers are recruited by other travel agencies on behalf of the Travel Agency.
Article 4 Composition of Contract
1) A travel contract shall be composed of a travel agreement (attached), standard terms and conditions, and a travel schedule (or travel explanation).
2) The travel schedule (or explanation) shall include an itinerary, including travel sites, details of tours, means of transportation, shopping activities, accommodation sites, and meals per each travel date, details of services offered by the Travel Agency, and cautionary matters for travelers.
Article 5 Special Terms and Conditions
The Travel Agency and a traveler may sign special terms and conditions in writing to the extent of not violating relevant statutes. In this case, the Travel Agency shall explain to such a traveler that these special terms and conditions are different from the standard terms and conditions.
Article 6 Delivery of Agreements and Terms and Conditions
If the Travel Agency and a traveler enter into a travel contract, then the Travel Agency shall issue the traveler one (1) copy of the travel agreement, general travel terms and conditions, and a travel schedule (or travel explanation).
Article 7 Deemed Delivery of Travel Agreements and General Travel Terms and Conditions
In the event of any of the following, it shall be deemed that the Travel Agency has delivered a travel agreement, general travel terms and conditions, and a travel schedule (or travel explanation).
1) The traveler has agreed to a travel agreement, general travel terms and conditions, and a travel schedule (or travel explanation), all of which are made available via electronic information networks, such as the Internet, and applies for the execution of such a travel contract. The Travel Agency then informs the traveler of its intention to accept his/her application via electronic information networks or mechanical devices.
2) The traveler has agreed to a travel agreement, general travel terms and conditions, and a travel schedule (or travel explanation) that are provided by the Travel Agency via mechanical devices, such as fax, and transmitted a written form to apply for the execution of the travel contract. The Travel Agency then informs the traveler of its intention to accept his/her application via electronic information networks or mechanical devices.
Article 8 Travel Agency’s Liability
1) If the Travel Agency itself or its employees, or local travel agencies or their employees (hereinafter “Employees”), cause damage to travelers due to their willful misconduct or gross negligence with regard to the duties of the Travel Agency as specified in Article 2, Paragraph 1 above from the start of a trip to its end, then the Travel Agency shall be liable for such damage.
2) The Travel Agency shall indemnify a traveler for any damage suffered by such a traveler due to the delayed departure and arrival of transportation, such as airplanes, trains, and ships or traffic jams. However, the foregoing clause shall not apply to a case in which the Travel Agency proves that it has neither committed any willful misconduct nor has been negligent.
3) Unless the Travel Agency proves that it or the Employees have exercised due care when receiving, delivering, and keeping a traveller’s baggage, the Travel Agency shall indemnify the traveler for any damage caused by the loss, damage, or delayed arrival of his/her baggage.
Article 9 Cancellation of Travel Contract upon Failure to Recruit a Minimum Number of Travellers
1) If the Travel Agency cancels a travel contract due to its failure to recruit the minimum number of travelers, then it shall notify travelers of such cancellation 24 hours prior to the start of one-day travel or 48 hours prior to the start of a one-night and two-day trip or longer trips.
2) If the Travel Agency cancels a travel contract due to a shortfall in the number of travel participants but without giving any notice under Paragraph 1) above, then it shall not only refund the contractual deposit placed by each traveler but also pay an amount equivalent to 100 % of the contractual deposit to each traveler.
Article 10 Refusal to Execute a Travel Contract
The Travel Agency may refuse to execute a travel contract with a traveler if any of the following reasons can be applied to such a traveler.
1) The traveler is acknowledged to cause trouble to other travelers or to cause delays in the smooth conduct of a trip.
2) It is found to be difficult for the traveler to participate in travel due to his/her illness or other reasons.
3) There are more travelers recruited than the maximum number of travelers as specified in a travel agreement.
Article 11 Travel Fees
1) The travel fees in a travel agreement include each of the following. However, the fees for tailor-made tours may be determined by agreement of both parties.
A. Fares for means of transportation, such as airplanes, ships, and trains (based on standard fares)
B. Fares of buses that run between airports, train stations, wharfs or ports, and hotels
C. Accommodation fares and meal charges
D. Guide fees
E. All kinds of taxes required during trips
F. Domestic airport and port service charges
G. Admission fees of tourist destinations on a travel schedule
H. Other costs incurred by individual contracts
2) The traveler shall pay a contractual deposit (10% or less of travel fees) to the Travel Agency when executing a travel contract. Such a contractual deposit shall be treated as the full or partial amount of the travel fees or damages.
3) The traveler shall pay to the Travel Agency the remaining amount after subtracting the contractual deposit from the travel fees under Paragraph 1 above on the date preceding the start of a trip.
4) The traveler shall pay the travel fees under Paragraph 1 above by credit card, fund transfer, or transfer without bankbook in the amount that he or she has promised to pay.
5) If the traveler’s insurance premiums are included in the fees for tailor-made tours, then the Travel Agency shall explain this to the traveler and provide the name of the insurance company and details regarding compensation.
Article 12 Requirements for Change in Travel Terms and Conditions and Settlement of Travel Fees
1) Travel terms and conditions under Article 1 or Article 11 above may be changed in the event of any of the following.
A. Both parties agree that such change is requested by a traveler for his/her safety and protection or is inevitable under local circumstances.
B. Fulfilling the purpose of a trip is prohibited due to natural disasters, wars, the government’s orders, strikes in transportation and lodging facilities, and suspended operations.
2) If there is any increase/decrease in travel fees indicated in Article 11, Paragraph 1 above due to changes in travel terms and conditions under Article 11, Paragraph 1 above, then the Travel Agency shall settle (refund) such increase/decrease made prior to the start of a trip before the start of a trip or such increase/decrease made during a trip in ten (10) days after the end of such a trip.
3) If any damages are incurred by any change in travel terms and conditions, which are made not under Paragraph 1 above or by the cancellation or termination of agreements under Article 13 or 14 above, then the Travel Agency shall settle (refund) such damages incurred prior to the start of a trip. If these damages are incurred during a trip, then the Travel Agency shall settle these damages ten (10) days after the end of such a trip.
4) If a traveler does not receive any service included in travel fees, such as accommodation, meals, and tours, due to his/her circumstances after the start of a trip, then he/she may not claim the refund of corresponding travel fees from the Travel Agency. However, Article 14 below shall apply mutatis mutandis to cases in which a trip is halfway terminated.
Article 13 Cancellation of a Travel Contract before the Start of a Trip
1) The Travel Agency or a traveler may terminate a travel contract before the start of a trip. Any damages incurred by such a case may be paid for in accordance with the Standard for Resolving Customer Disputes notified by the Fair Trade Commission.
2) If there is any event that falls under any of the following prior to the start of a trip, then the Travel Agency or a traveler may cancel a travel contract without paying for such damages as indicated in Paragraph 1 above.
A. Cases in which the Travel Agency may terminate a travel contract
i. Events under Article 12, Paragraph 1, Sub paragraph A or B above
ii. The traveler is acknowledged to cause troubles to another traveler or any delay in the smooth implementation of a trip.
iii. The traveler has any physical disorder, such as disease, making it impossible for him/her to participate in the trip.
iv. The traveler fails to pay for travel fees by a due date as specified in a travel agreement.
B. Cases in which a traveler may terminate a travel contract
i. Events under Article 12, Paragraph 1, Sub paragraph A or B above
ii. The traveler’s second-degree relatives have recently died.
iii. The traveler has any physical disorder, such as disease, making it impossible for him/her to participate in a trip.
iv. The traveler’s spouse or his or her direct ascendants or descendants are hospitalized for more than three (3) days due to physical disorders and it is difficult for them to be discharged by the start of a trip.
v. It becomes impossible to carry out a trip according to the itinerary indicated in a travel agreement due to a cause attributable to the Travel Agency.
Article 14 Termination of a Travel Contract after the Start of a Trip
1) The Travel Agency or a traveler may terminate a travel contract if there is an unavoidable cause after the start of a trip. However, in such a case, either party shall indemnify the other party for any damage suffered by the other party.
2) If a travel contract is terminated under Paragraph 1 above, then the Travel Agency shall cooperate in matters that are needed for a traveler to return home. Any costs arising this which are not attributable to the Travel Agency shall be borne by the traveler.
Article 15 Start and End of a Trip
A trip shall start at the time of departure and end at the time of the close of an itinerary and arrival at a final destination. However, the amendment to a travel contract and change in such an itinerary shall be exceptions to the foregoing clause.
Article 16 Obligation to Explain
The Travel Agency shall explain material terms and conditions hereof and any change thereof so that travelers can understand such terms and conditions as well as such changes.
Article 17 Procurement of Insurances
The Travel Agency shall take out insurances or fraternal insurances or place business deposits, which are designed to pay insurance proceeds to travelers who suffer any damage in connection with trips.
Article 18 Miscellaneous
1) Any matters not specified herein or any discrepancy in the interpretation hereof shall be determined by agreement between the Travel Agency and a traveler. Failing to do so, such matters or discrepancy shall be resolved in accordance with the relevant statutes and general practices.
2) If there is any justifiable reason, such as a trip to special areas, then the Travel Agency may stipulate special terms and conditions that are different from these standard terms and conditions.