Travel Agency Clause (Part of Arranged Travel Contract)
agreement_order
Arranged travel contract section
Chapter I General Provisions
- The Arranged Tour Contract concluded between the Company and the Traveler shall be governed by the provisions of these Terms and Conditions.Matters not stipulated in this contract shall be governed by laws and ordinances or generally established customs.
- Notwithstanding the provisions of the preceding paragraph, if the Company concludes a special contract in writing to the extent that it does not violate the law and is not disadvantageous to the traveler, that special contract will take precedence.
- In these terms and conditions, "arranged travel contract" means transportation, accommodation, etc. A contract undertaking to make arrangements so that travel-related services (hereinafter referred to as "travel services") can be provided.
- In this agreement, "domestic travel" refers to travel within Japan only, and "overseas travel" refers to travel other than domestic travel.
- In this agreement, "Tour Fee" means fares, accommodation fees, and other expenses paid to transportation and accommodation facilities, etc., in order for the Company to arrange travel services, and travel business handling fees prescribed by the Company (change procedure fees and cancellation fees excluding procedure fees).
- In this section, "communication contract" means a contract between a card member of a credit card company affiliated with the Company (hereinafter referred to as "affiliated company") and receiving an application by telephone, mail, facsimile, the Internet or other means of communication. Arranged Tour Contract concluded by the Company, and claims or obligations related to the travel fee, etc. based on the Arranged Tour Contract held by the Company against the traveler shall be transferred to the affiliated company specified separately after the date on which the claims or obligations are to be fulfilled. An arranged travel contract in which the traveler consents in advance to payment in accordance with the card member agreement, and the travel fee, etc. is paid by the method specified in Article XNUMX, paragraph XNUMX or XNUMX.
- "Card usage date" as used in these Terms and Conditions means the date on which the traveler or the Company should pay the travel fee, etc., or perform the refund obligation based on the Arranged Tour Contract.
When the Company has made arrangements for travel services with the due care of a prudent manager, the Company's obligations under the Arranged Tour Contract will be terminated.Therefore, even if we were unable to conclude a contract to provide travel services with transportation/accommodation facilities, etc. due to reasons such as full occupancy, suspension of business, inappropriate conditions, etc., when we have fulfilled our obligations. , the traveler must pay to the Company the travel business handling charge prescribed by the Company (hereinafter referred to as the "handling charge").In the event that a communication contract has been concluded, the date of use of the card shall be the date on which the Company notifies the traveler that the Company could not conclude a contract to provide travel services with transportation/accommodation facilities, etc.
In the performance of the Arranged Tour Contract, the Company may entrust all or part of the arrangement to other travel agencies, persons who make arrangements as a business, or other assistants in or outside of Japan.
Chapter XNUMX Formation of Contract
- A traveler who intends to enter into an Arranged Tour Contract with the Company must fill out the prescribed matters in the application form prescribed by the Company and submit it to the Company together with the application fee separately determined by the Company.
- Notwithstanding the provisions of the preceding paragraph, a Traveler who intends to enter into a Communications Contract with the Company must notify the Company of his/her membership number and the details of the Travel Service he or she wishes to request.
- The application fee in Paragraph XNUMX shall be treated as part of the travel fee, cancellation fee, and other money to be paid by the traveler to the Company.
- The Company may refuse to conclude an Arranged Tour Contract in the following cases:
- When trying to conclude a communication contract, when the traveler is unable to settle part or all of the liability related to the travel fee, etc. in accordance with the card member agreement of the affiliated company, such as when the traveler's credit card is invalid.
- When the Traveler is recognized as a member of an organized crime group, associate member of an organized crime group, affiliated with an organized crime group, a company affiliated with an organized crime group, or a corporate racketeer, or any other anti-social force.
- When the Traveler makes a violent demand, an unreasonable demand, or uses threatening language or violence in relation to a transaction, or acts equivalent to these.
- When the traveler spreads rumors, uses fraudulent means or force to damage the credibility of the Company, interfere with the business of the Company, or conducts similar acts.
- When it is convenient for our company's business.
- An Arranged Tour Contract shall be concluded when the Company has accepted the conclusion of the contract and received the application fee in Article XNUMX, Paragraph XNUMX.
- Notwithstanding the provisions of the preceding paragraph, the communication contract shall be concluded when the traveler is notified that the Company has accepted the application of Article XNUMX, Paragraph XNUMX.
- Notwithstanding the provisions of Article XNUMX, Paragraph XNUMX, the Company may enter into an Arranged Tour Contract only by accepting the conclusion of the contract, without receiving payment of the application fee, with a special contract in writing.
- In the case of the preceding paragraph, the timing of the establishment of the Arranged Tour Contract shall be clarified in the document mentioned in the preceding paragraph.
- Notwithstanding the provisions of Paragraph XNUMX of Article XNUMX and Paragraph XNUMX of the preceding Article, the Company shall receive the provision of travel services in exchange for the travel price in an arranged travel contract for the sole purpose of arranging transportation services or accommodation services. Oral applications may be accepted for those that issue a document indicating rights.
- In the case of the preceding paragraph, the Arranged Tour Contract shall be concluded when the Company approves the conclusion of the contract.
- Promptly after the conclusion of the Arranged Tour Contract, the Company shall provide the traveler with a document describing the itinerary, details of the travel services, the travel fee and other travel conditions and matters concerning the Company's responsibilities (hereinafter referred to as the "Contract Document"). ) will be issued.However, we may not issue such contract documents when issuing tickets, accommodation coupons, or other documents indicating the right to receive the provision of travel services for all travel services arranged by our company.
- In the event that the contract document set forth in the preceding paragraph has been delivered, the scope of travel services that the Company is obligated to arrange under the Arranged Tour Contract shall be as stated in the relevant contract document.
- The Company obtains the consent of the traveler in advance and describes the itinerary, details of travel services, travel price and other travel conditions to be delivered to the traveler when concluding an Arranged Tour Contract, and matters related to the responsibility of the Company. In place of the delivery of documents or contract documents, when the matters to be stated in said documents (hereinafter referred to as "statements" in this article) are provided by means of information and communication technology, the traveler's use Confirm that the entries have been recorded in the file provided in the communication device to be used.
- In the case of the preceding paragraph, if the communication device used by the traveler does not have a file for recording the items to be entered, the file provided on the communication device used by the Company ) and confirm that the traveler has read the information.
Chapter XNUMX Contract Modification and Cancellation
- Travelers may request the Company to change the itinerary, contents of travel services and other contents of the Arranged Tour Contract.In this case, we will comply with the traveler's request as much as possible.
- In the event that the contents of the Arranged Tour Contract are to be changed at the request of the Traveler in the preceding paragraph, the Traveler shall pay the cancellation fee, penalties, and other expenses required to change the arrangement to be paid to the transportation/accommodation facility, etc. when canceling the already completed arrangement. In addition to being responsible for the above, you must pay the Company a change procedure fee prescribed by the Company.In addition, any increase or decrease in the tour price resulting from changes in the contents of the Arranged Tour Contract shall belong to the traveler.
- The Traveler may cancel all or part of the Arranged Tour Contract at any time.
- When the Arranged Tour Contract is canceled in accordance with the provisions of the preceding paragraph, the Traveler shall pay for the Travel Services already provided to the Traveler, or cancellation fees and penalties for Travel Services not yet provided. In addition to bearing the expenses that have already been paid or will be paid to other transportation and accommodation facilities, etc., you must pay to our company the cancellation procedure fee prescribed by our company and the handling fee that we should have received.
- The Company may cancel the Arranged Tour Contract in any of the following cases:
- When the traveler does not pay the travel fee by the prescribed date.
- When a telecommunications contract has been concluded and the traveler is unable to settle part or all of the liability related to the travel fee, etc. in accordance with the affiliated company's card membership agreement, such as when the traveler's credit card becomes invalid.
- When it is found that the Traveler falls under any of Article XNUMX, Item XNUMX through Item XNUMX.
- When the Arranged Tour Contract has been canceled in accordance with the provisions of the preceding paragraph, the Traveler has already paid, or will not In addition to bearing the costs that must be paid, you must pay to us the cancellation procedure fee prescribed by us and the handling fee that we should have received.
- The Traveler may cancel the Arranged Tour Contract when it becomes impossible to arrange Travel Services due to reasons attributable to the Company.
- When the Arranged Tour Contract has been canceled in accordance with the provisions of the preceding paragraph, the Company has already paid or will have to pay the transportation/accommodation facilities, etc. as consideration for the Travel Services that the Traveler has already received. We will refund to the traveler the travel fee already received, excluding unavoidable expenses.
- The provisions of the preceding paragraph shall not prevent the Traveler from claiming damages against the Company.
Chapter IV Travel Fee
- The Traveler must pay the travel fee to the Company by the period specified by the Company before the commencement of the tour.
- When a communication contract has been concluded, the Company will receive payment of the travel fee using the card of the affiliated company without the traveler's signature on the prescribed slip.In this case, the date of use of the card shall be the date on which the Company notifies the traveler of the content of the confirmed travel services.
- Our company may change the tour price if the tour price fluctuates due to revision of fares/charges of transportation/accommodation facilities, etc., exchange rate fluctuations, or other reasons before the start of the tour.
- In the case of the preceding paragraph, any increase or decrease in the travel fee shall belong to the traveler.
- In the event that the Company concludes a communication contract with a traveler, and in the event that the traveler incurs expenses, etc., to be borne by the traveler pursuant to the provisions of Chapter XNUMX or XNUMX, the Company shall use the card of the partner company to Receiving payment of the relevant expenses without the traveler's signature on the slip.In this case, the card use date shall be the date on which the Company notifies the Traveler of the amount of expenses, etc. that the Traveler should pay to the Company or the amount that the Company should refund to the Traveler.However, if the Company cancels the Arranged Tour Contract pursuant to the provisions of Article XNUMX, Paragraph XNUMX, Item XNUMX, the Traveler shall pay to the Company by the date specified by the Company using the payment method specified by the Company. You have to pay the expenses, etc.
- In order for the Company to arrange travel services, the Company shall pay expenses paid to transportation/accommodation facilities, etc., which should be borne by the traveler, as well as handling fees (hereinafter referred to as "adjusted travel fees") and travel expenses. In the event that the amount that has already been received as a price does not match, after the end of the tour, we will promptly settle the travel fee as stipulated in the next paragraph and paragraph XNUMX.
- If the adjusted travel fee exceeds the amount already received as the travel fee, the traveler must pay the difference to our company.
- If the adjusted travel fee is less than the amount already received as the travel fee, the Company will refund the difference to the traveler.
Chapter XNUMX Organization/Group Arrangements
The Company shall apply the provisions of this Chapter to the conclusion of an Arranged Tour Contract for which multiple travelers who are traveling on the same itinerary at the same time appoint a responsible representative (hereinafter referred to as the "Contract Responsible Person") and apply for an Arranged Tour Contract. increase.
- Except in cases where a special agreement has been concluded, the Company shall not have any agency authority regarding the conclusion of an Arranged Tour Contract for the travelers who make up the organization/group (hereinafter referred to as the "constituent"). Transactions related to the travel business pertaining to the organization/group and the business of Article XNUMX, Paragraph XNUMX will be conducted with the person responsible for the contract.
- The person responsible for the contract must submit the list of constituents to the Company or notify the number of persons to the Company by the date specified by the Company.
- The Company shall not be held responsible for any obligations or obligations that the Person Responsible for Contract currently has or is expected to have in the future.
- In the event that the person responsible for the contract does not accompany the group/group, the Company will consider the member appointed in advance by the person responsible for the contract to be the person responsible for the contract after the start of the tour.
- When concluding an Arranged Tour Contract with the Person Responsible for Contract, regardless of the provisions of Article XNUMX, Paragraph XNUMX, the Company may approve the conclusion of the Arranged Tour Contract without receiving payment of the application fee.
- In the case of concluding an Arranged Tour Contract without receiving payment of the application fee based on the provisions of the preceding paragraph, the Company shall deliver a document to that effect to the person responsible for the contract, and the Arranged Tour Contract shall be It shall be established when the document is delivered.
- If the person in charge of the contract requests to change the constituent, we will respond to this as much as possible.
- Any increase or decrease in the tour price caused by the change in the preceding paragraph and the expenses required for such change shall belong to the Constituent Member.
- At the request of the person in charge of the contract, the Company may have a tour conductor accompany the group/group and provide the tour service.
- In principle, the content of the tour service provided by the tour conductor shall be the work necessary for group activities on the itinerary determined in advance.
- In principle, tour conductors provide tour service from XNUMX:XNUMX to XNUMX:XNUMX.
- When the Company provides the tour service, the person responsible for the contract must pay the prescribed tour service fee to the Company.
Chapter XNUMX Liability
- In the performance of the Arranged Tour Contract, the Company or a person entrusted by the Company to make arrangements on its behalf pursuant to the provisions of Article XNUMX (hereinafter referred to as the "Arrangement Agent") may intentionally or negligently cause damage to the Traveler. If you give it, you will be responsible for compensating for the damage.However, this is limited to when the Company is notified within two years from the day following the occurrence of the damage.
- If the traveler suffers damage due to a natural disaster, war, riot, suspension of travel services provided by transportation/accommodation facilities, etc., orders from public offices, or any other reason beyond the control of our company or our arrangement agent, our company shall is not responsible for compensating for damages, except in the case of the preceding paragraph.
- Notwithstanding the provisions of the same paragraph, the Company shall not be liable for damages caused to baggage as set forth in paragraph XNUMX within XNUMX days from the day following the occurrence of the damage for domestic travel, and within XNUMX days for overseas travel. Only when the Company is notified within XNUMX days, we will compensate up to XNUMX yen per traveler (excluding cases where there is intentional or gross negligence on the part of the Company).
- If the Company suffers damage due to the traveler's intention or negligence, the traveler must compensate for the damage.
- When concluding an Arranged Tour Contract, the Traveler must make efforts to understand the rights and obligations of the Traveler and other contents of the Arranged Tour Contract by utilizing the information provided by the Company.
- In order for the traveler to smoothly receive the travel services described in the contract document after the start of the trip, in the unlikely event that the traveler recognizes that the travel service different from the contract document has been provided, promptly notify the Company to that effect at the travel destination You must notify the Company's arrangement agent or the relevant travel service provider.
Chapter XNUMX Deposit for Repayment Business
- Our company is a guarantee employee of the Japan Association of Travel Agents (All Nippon Express Kasumigaseki Building, 3-3-03 Kasumigaseki, Chiyoda-ku, Tokyo Tel: 3592-1271-XNUMX).
- Travelers or constituents who have concluded a made-to-order organized tour contract with us will pay up to 7,000 million yen from the reimbursement business security deposit deposited by the Japan Association of Travel Agents in the preceding paragraph with respect to claims arising from the transaction. can receive
- Based on the provisions of Article XNUMX, Paragraph XNUMX of the Travel Agency Law, we have paid our share of the reimbursement business security deposit to the Japan Association of Travel Agents. No security deposit is provided.
Travel procedure agency contract
- The travel procedure agency contract concluded between the Company and the traveler shall be governed by the provisions of this agreement.Matters not stipulated in this contract shall be governed by laws and ordinances or generally established customs.
- Notwithstanding the provisions of the preceding paragraph, if the Company concludes a special contract in writing to the extent that it does not violate the law and is not disadvantageous to the traveler, that special contract will take precedence.
Travelers with whom we have entered into travel formalities agency agreements are those travelers who have concluded recruitment-type planning travel contracts, order-order planning travel contracts, or arranged travel contracts with us, or recruitment-type planning of other travel agencies entrusted by us. A traveler is defined as a traveler for whom the Company has concluded a contract on behalf of the Company.
In these terms and conditions, a "travel formalities agency contract" means that the Company agrees to collect the travel business handling fee (hereinafter referred to as "travel formalities agency fee") for travel formalities on behalf of the traveler. , means a contract to undertake the following business (hereinafter referred to as "agency business").
- Procedures for obtaining passports, visas, re-entry permits and various certificates
- Preparation of documents for immigration procedures
- Other operations related to the preceding items
- A traveler who intends to enter into an agency contract for travel procedures with us must fill out the prescribed items on the application form prescribed by our company and submit it to us.
- The travel procedure agency contract shall be concluded when the Company accepts the conclusion of the contract and receives the application form set forth in the preceding paragraph.
- Notwithstanding the provisions of the preceding two paragraphs, the Company may accept applications for travel procedure agency agreements by telephone, mail, facsimile, the Internet, or other means of communication without receiving application forms.In this case, the travel procedure agency contract shall be concluded when the Company approves the conclusion of the contract.
- In the following cases, the Company may not accept the conclusion of the travel procedure agency contract.
- When the Traveler is recognized as a member of an organized crime group, associate member of an organized crime group, affiliated with an organized crime group, a company affiliated with an organized crime group, or a corporate racketeer, or any other anti-social force.
- When the Traveler makes a violent demand, an unreasonable demand, or uses threatening language or violence in relation to a transaction, or acts equivalent to these.
- When the traveler spreads rumors, uses fraudulent means or force to damage the credibility of the Company, interfere with the business of the Company, or conducts similar acts.
- When it is convenient for our company's business.
- Promptly after the conclusion of the travel procedure agency contract, the Company shall inform the traveler of the details of the agency service (hereinafter referred to as the "consignment service") undertaken under the travel procedure agency contract, the amount of the travel procedure agency fee, and the amount of the receipt We will issue a document that describes the method, our responsibility and other necessary matters.
- With the consent of the traveler in advance, the Company shall, instead of issuing the document set forth in the preceding paragraph, use information and communication technology to provide the matters to be stated in the document (hereinafter referred to as "statements" in this article). ), we will confirm that the entries have been recorded in a file provided on the communication device used by the traveler.
- In the case of the preceding paragraph, if the communication device used by the traveler does not have a file for recording the items to be entered, the file provided on the communication device used by the Company ) and confirm that the traveler has read the information.
We will ensure that we do not disclose to others any information that we have obtained in carrying out consignment work.
- The traveler must pay the travel procedure agency fee by the date specified by the Company.
- The Traveler must submit to the Company the documents, materials, and other items (hereinafter referred to as "travel procedure documents, etc.") necessary for the commissioned work by the date specified by the Company.
- In carrying out the commissioned work, the Company must pay fees, visa fees, consignment fees, and other fees (hereinafter referred to as "visa fees, etc.") to Japanese public offices, foreign diplomatic establishments in Japan, and other persons. In that case, the traveler must pay the visa fee, etc. to the Company by the date specified by the Company.
- In the event that there are postage costs, transportation costs, or other costs incurred in carrying out the commissioned work, the Traveler must pay the said costs to the Company by the date specified by the Company.
- The traveler can cancel all or part of the travel procedure agency contract at any time.
- The Company may cancel the travel procedure agency contract in the following cases.
- When the traveler does not submit travel procedure documents, etc. by the prescribed date.
- When the Company recognizes that there are deficiencies in the travel procedure documents, etc. submitted by the Traveler.
- When the traveler does not pay the travel procedure agency fee, visa fee, etc. or the expenses set forth in paragraph XNUMX of the preceding article by the prescribed date.
- When it is found that the Traveler falls under any of Article XNUMX, Paragraph XNUMX, Items XNUMX to XNUMX.
- In the case of undertaking the agency business of Article XNUMX, item XNUMX, the traveler obtains a passport, visa or re-entry permit (hereinafter referred to as "passport, etc.") for reasons not attributable to our company. When the Company recognizes that there is an extremely high possibility that it will not be possible.
- When the travel procedure agency contract is canceled based on the provisions of the preceding two paragraphs, the traveler shall bear the visa fee, etc. already paid and the expenses set forth in paragraph XNUMX of the preceding article. You must pay the travel procedure agency fee related to the consignment work.
- If the Company causes damage to the traveler intentionally or negligently in the performance of the travel formalities contract, the Company shall be responsible for compensating for the damage.However, this is limited to when the Company is notified within six months from the day following the occurrence of the damage.
- Our company does not guarantee that the traveler will actually be able to obtain a passport, etc., or that he/she will be permitted to enter or leave the relevant countries.Therefore, even if a traveler is unable to obtain a passport, etc., or is not permitted to enter or leave a relevant country due to reasons not attributable to the Company, the Company shall not be held liable.
Travel consultation contract section
- The travel consultation contract concluded between the Company and the traveler shall be subject to the provisions of this agreement.Matters not stipulated in this contract shall be governed by laws and ordinances or generally established customs.
- If the Company concludes a special agreement in writing to the extent that it does not violate the law and is not disadvantageous to travelers, that special agreement will take precedence regardless of the provisions of the preceding paragraph.
In this agreement, a "Travel Consultation Contract" means that the Company agrees to receive a travel business handling fee for consultation (hereinafter referred to as "consultation fee"), and entrusts the traveler with the following services: A contract undertaking to do something.
- Advice travelers need to plan their trip
- Create travel plans
- Estimation of travel expenses
- Provision of information on travel destinations, transportation and accommodation facilities, etc.
- Providing other advice and information necessary for travel
- A traveler who intends to enter into a travel consultation contract with us must submit an application form with the prescribed items filled in to our company.
- A travel consultation contract shall be deemed to have been concluded when the Company has accepted the conclusion of the contract and received the application form set forth in the preceding paragraph.
- Notwithstanding the provisions of the preceding two paragraphs, the Company may accept applications for Travel Consultation Contracts by telephone, mail, facsimile, Internet or other means of communication without receiving application forms.In this case, the travel consultation contract shall be concluded when the Company accepts the conclusion of the contract.
- The Company may not accept the conclusion of a travel consultation contract in the following cases.
- When the traveler's consultation content is against public order and morals, or is likely to violate the laws and regulations in force at the travel destination.
- When the Traveler is recognized as a member of an organized crime group, associate member of an organized crime group, affiliated with an organized crime group, a company affiliated with an organized crime group, or a corporate racketeer, or any other anti-social force.
- When the Traveler makes a violent demand, an unreasonable demand, or uses threatening language or violence in relation to a transaction, or acts equivalent to these.
- When the traveler spreads rumors, uses fraudulent means or force to damage the credibility of the Company, interfere with the business of the Company, or conducts similar acts.
- When it is convenient for our company's business.
When the Company has carried out the work listed in Article XNUMX, the traveler must pay the consultation fee prescribed by the Company to the Company by the date specified by the Company.
The Company may cancel the Travel Consultation Contract when it is found that the Traveler falls under any of Article XNUMX, Paragraph XNUMX, Items XNUMX through XNUMX.
- In the course of fulfilling the travel consultation contract, if we cause damage to the traveler intentionally or negligently, we will be responsible for compensating for the damage.However, this is limited to when the Company is notified within six months from the day following the occurrence of the damage.
- The Company does not guarantee that it will be possible to actually arrange transportation and accommodation facilities, etc. listed in the travel plan prepared by the Company.Therefore, even if we are unable to conclude a contract with a transportation/accommodation facility, etc. to provide transportation, accommodation, or other travel-related services provided by that facility due to reasons such as full occupancy, the Company shall be held responsible. not.