Standard Form Travel Agent Contract

【Subscription Type Package Tour Agreement Section】

Chapter 1: General provisions

(Applicable scope)

Article 1

1. The agreement concluded between our company and the traveler regarding subscription type package tour (hereinafter referred to as the "Subscription Type Package Tour Agreement") shall be in accordance with the provisions set forth in this Contract. Matters not specified in this Contract shall be subject to ordinances or generally established practices.
2. In the event that, without violation of ordinances and to an extent not adverse to the interests of the traveler, our company has entered into a special contract in writing, notwithstanding the provisions set forth in the previous clause, the said special contract shall prevail.

(Definitions of terms)

Article 2

1. In this Contract, "subscription type package tour" shall refer to tours conducted by our company which are planned in advance in order to solicit travelers and in which are specified the destination and itinerary of the tour, details regarding transportation and accommodation services to be provided to the traveler, as well as the amount of tour charges payable to us by the traveler.
2. In this Contract, "domestic tours" shall refer to tours within Japan only and "overseas tours" shall refer to tours other than domestic tours.
3. In this section, "correspondence agreement" shall refer to our Subscription Type Package Tour Agreements concluded with card members of the credit card companies that our company or companies selling our subscription type package tours on behalf of our company are affiliated with (hereinafter referred to as the "Affiliated Companies") upon receipt of application via telephone, mail, facsimile, or other telecommunication means, in which the traveler has agreed in advance that credits and debts, pertaining to tour charges etc. based on the Subscription Type Package Tour Agreements, which our company holds against the traveler, are to be settled on or after the date such credits or debts are due in accordance with the credit card membership terms and conditions set forth separately by the Affiliated Companies, and in which tour charges etc. under the Subscription Type Package Tour Agreements shall be payable by methods prescribed in Article 12, Clause 2, the second half of Article 16, Clause 1, and Article 19, Clause 2.
4. In this section "electronically consented notice" shall refer to the notice of consent to applications for the agreements sent through transmission methods including, among other information communication technologies, telecommunication circuits connecting electronic computers, facsimile machines, telex or telephone machines (hereinafter referred to as the "Electronic Computers etc.") used by our company, or companies that sell our subscription package tours on behalf of our company, with the electronic computers etc. used by the traveler.
5. In this Contract "date of card use" shall refer to the date on which the traveler or our company must fulfill payment or refund obligations regarding tour charges etc. pursuant to the Subscription Type Package Tour Agreement.

(Content of tour agreement)

Article 3

In the Subscription Type Package Tour Agreement, our company shall make arrangements so that the traveler can be provided with transportation, accommodation, and other services related to tours as offered by transport/accommodation facilities etc. (hereinafter referred to as the "Tour Services") in accordance with tour itineraries determined by our company, and our company shall also undertake management of such itineraries.

(Arrangement agents)

Article 4

In performing the Subscription Type Package Tour Agreement, our company may ask tour operators in and outside Japan, persons engaged in making arrangements, or other assistants to act as agents for such arrangements, in whole or in part.

Chapter 2: Execution of agreement

(Application for agreement)

Article 5

1. A traveler who intends to apply to our company for the Subscription Type Package Tour Agreement must fill out the relevant items in our designated application form (hereinafter referred to as the "Application Form") and submit it to us along with the application fee amount specified by our company.
2. Notwithstanding the provisions of the previous clause, the traveler who intend to apply to our company for the correspondence agreement must notify us of the names, start dates, membership numbers and other matters of the subscription type package tour in question (hereinafter referred to as "Membership Numbers etc." in the next article).
3. The application fee set forth in Clause 1 shall be handled as part of tour charges, cancellation fees or penalties.
4. The traveler who requires particular treatment when participating in a subscription type package tour should notify us when applying for the agreement. In such cases, we shall respond to the extent possible for our company.
5. The expense required for particular measures for the traveler taken by our company pursuant to the notifications in the previous clause shall be borne by said traveler.

(Reservation by telephone etc.)

Article 6

1. Our company accepts reservations for Subscription Type Package Tour Agreements via telephone, mail, facsimile or other communication means. At this point of the reservation process, the agreement has not been executed and the traveler, after our notices of consent to reservation, must submit the Application Form and application fee or notify of the Membership Numbers etc. as specified in Clause 1 or Clause 2 of the previous article within the period determined by our company.
2. When the Application Form and application fee are submitted, or when the Membership Numbers etc. are notified as provided in the previous clause, the order of execution of the Subscription Type Package Tour Agreements shall be decided by the order of receipt of such reservations.
3. In cases where the traveler does not submit the application fee within the period set forth in Clause 1 or do not notify of the Membership Numbers etc., our company shall deem the reservation as not having been made.

(Refusal to execute agreement)

Article 7

Our company may refuse to execute Subscription Type Package Tour Agreements in cases set forth in the following items:

(1) In cases where the terms and conditions for participating travelers specified by our company in advance including gender, age, qualification, skills, etc. are not satisfied;
(2) In cases where the number of applicants for tour has reached the solicitation number planned;
(3) In cases where the traveler is likely to cause annoyance to other travelers or interfere with the smooth conduct of the group's collective actions;
(4) In cases where the correspondence agreements are intended to be executed but the traveler cannot settle obligations pertaining to tour charges etc., in whole or in part, in accordance with the credit card membership terms and conditions of the Affiliated Companies due to the credit card owned by the traveler being invalid etc.
(5) In cases where the traveler is deemed to be a member of crime syndicates, associated member of crime syndicates, person connected with crime syndicates, affiliated company of crime syndicates, blackmailer, or other anti-social force;
(6) In cases where the traveler has been the source of violent demands, unreasonable demands, threatening behavior or acts of violence regarding transactions, or any other acts equivalent to same;
(7) In cases where the traveler has discredited our company by spreading rumors, using fraudulent means, or exercising power, has conducted acts to interfere with our business, or has conducted any other acts equivalent to same;
(8) In other cases deemed appropriate for our company's business.

(Time of agreement establishment)

Article 8

1. The Subscription Type Package Tour Agreement shall be established at the time our company has consented to execution of the Agreement and received the application fee set forth in Article 5, Clause 1.
2. Notwithstanding the provisions of the previous clause, the correspondence agreement shall be established at the time our company sends the notice that we have approved execution of the agreement. However, in cases where the electronically consented notice is issued in such an agreement, the agreement shall be established at the time such notice has reached the traveler.

(Delivery of agreement documents)

Article 9

1. Our company shall deliver to the traveler the itineraries, content of the Tour Services, tour charges and other tour terms and conditions, and documents describing matters regarding our responsibilities (hereinafter referred to as "Agreement Documents") promptly after establishment of the agreement prescribed in the previous article.
2. The scope of the Tour Services for which our company assumes obligations to arrange and manage itineraries pursuant to the Subscription Type Package Tour Agreement shall be in accordance with the Agreement Documents set forth in the previous clause.

(Fixed documents)

Article 10

1. In cases where fixed itineraries or names of transport or accommodation facilities cannot be specified in the Agreement Documents set forth in Clause 1 of the previous article, after limiting and listing indicative names of accommodation facilities to be used and names of important transportation facilities in such Agreement Documents, our company shall deliver documents describing the fixed status (hereinafter referred to as the "Fixed Documents") by the date specified in such Agreement Documents prior to the day before the start date of the tour (on the start date in cases where the applications for the Subscription Type Package Tour Agreements are submitted on or after the seventh (7th) day counted backward from the day before the start date of the tour) after delivery of such Agreement Documents.
2. In the event that inquiries are received from the traveler who wish to confirm the arrangement status as in the previous clause, our company shall respond to said inquiries promptly and properly even where this arises before delivery of the Fixed Documents.
3. In cases where the Fixed Documents set forth in Clause 1 are delivered, the scope of the Tour Services for which our company assumes obligations to arrange and manage itineraries pursuant to the provisions of Clause 2 of the previous article shall be in accordance with such Fixed Documents.

(Method for use of information communication technologies)

Article 11

In cases where the Subscription Type Package Tour Agreements are intended to be executed, with prior consent from the traveler, when our company has provided matters to be described in the following documents (hereinafter referred to as the "Matters to be Described") through methods using information communication technologies, instead of delivery of documents, Agreement Documents, or Fixed Documents to be submitted to the traveler describing the itineraries, content of the Tour Services, tour charges, other tour terms and conditions, and other matters related to our responsibilities, we shall confirm that the Matters to be Described have been recorded in files provided to the communication equipment used by the traveler.
In cases of the previous clause, in the event that files recording the Matters to be Described are not provided to the communication equipment pertaining to the traveler's use, our company shall record the Matters to be Described in files provided to the communication equipment that our company uses (limited to the files offered exclusively for such traveler) and confirm that the traveler has read the Matters to be Described.

(Tour charges)

Article 12

1. The traveler must, before the start date of the tour, pay to our company the tour charges equivalent to the amount described in the Agreement Documents by the date described in the Agreement Documents.
2. When the correspondence agreements have been executed, our company shall accept payments of the tour charges at the amount described in the Agreement Documents by Affiliated Companies' credit cards without the signatures of the traveler on the prescribed vouchers. Further, the date of card use shall be the date of execution of the tour agreement.

Chapter 3: Changes to agreements

(Changes to content of the agreements)

Article 13

In cases where a natural disaster, war, riot, discontinuance of the Tour Services provided by transportation / accommodation facilities etc., order by government and public offices, provision of the transportation services not included in the initial operation plan and other events beyond the control of our company have occurred and where it is inevitable in order to seek the safe and smooth conduct of the tour, upon prompt and prior explanation to the traveler of both the reasons why we cannot control such events and causal relationship with such events, we may change the itineraries, content of the Tour Services, and other content of the Subscription Type Package Tour Agreement (hereinafter referred to as the "Content of Agreement"). However, in cases of emergency where it is unavoidable, we shall explain after having made changes.

(Change of the amount of tour charges)

Article 14

1. In cases where the applicable fares and charges for transportation facilities used in conducting the subscription type package tours (hereinafter referred to as "the Applicable Fares and Charges" in this article) are increased or decreased, due to a remarkable change etc. in economic situation to a degree significantly larger than normally expected in comparison with the Applicable Fares and Charges published as valid at the time specified during our solicitation for the subscription type package tours, our company may increase or decrease the amount of tour charges within the range of said increase or decrease.
2. When our company increases the tour charges pursuant to the provisions of the previous clause, we shall notify the traveler of this before the fifteenth (15th) day counted backward from the day before the start date of the tour.
3. When the Applicable Fares and Charges provided in Clause 1 are decreased, our company shall reduce the tour charges as much as said amount that is decreased in accordance with the same clause.
4. In cases where the expense required to conduct tours (including cancellation fees or penalties, other expenses our company has already paid or will have to pay for the Tour Services not provided due to changes to the Content of Agreement) are increased or decreased due to changes to such Content of Agreement based on the provisions of the previous article (excluding cases where expense is increased due to lack of seats, rooms, other transportation / accommodation facilities etc. although the transportation / accommodation facilities etc. are offering such Tour Services), we may change the amount of tour charges within such range when changes to such Content of Agreement are made.
5. In cases where it is stated in the Agreement Documents that the tour charges differ depending on the number of users of the transportation / accommodation facilities etc., our company may change the amount of the tour charges pursuant to the description within the Agreement Documents when the number of such users has changed after establishment of the Subscription Type Package Tour Agreements due to reasons not attributable to us.

(Change of the traveler)

Article 15

1. The traveler who has entered into the Subscription Type Package Tour Agreement with our company may transfer their contractual status to third parties upon our consent.
2. A traveler who intends to seek our consent as specified in the previous clause must fill out specified matters in our prescribed form and submit it to us along with an application fee.
3. Transfer of the contractual status set forth in Clause 1 shall come into effect when our company consents, and after that, the third parties who have taken over the status under the tour agreement shall succeed all the rights and obligations pertaining to the Subscription Type Package Tour Agreements of the traveler.

Chapter 4: Termination of the agreement

(Termination rights of the traveler)

Article 16

1. The traveler may terminate the Subscription Type Package Tour Agreement at any time by paying to our company cancellation fees provided in Appendix No. 1. When the correspondence agreements are terminated, our company shall accept payments of the cancellation fees by Affiliated Companies' credit cards without signatures of the traveler on the prescribed vouchers.
2. Notwithstanding the provisions set forth in the previous clause, the traveler may terminate the Subscription Type Package Tour Agreements before the tour starts without having to pay cancellation fees in the cases set forth in the following items:
(1) In cases where the Content of Agreement has been changed by our company; however, said changes are limited to cases set forth in the upper column of Appendix No. 2 or other significant cases;
(2) In cases where the amount of the tour charges is increased pursuant to the provisions of Article 14, Clause 1;
(3) In cases where a natural disaster, war, riot, discontinuance of the Tour Services provided by transportation / accommodation facilities etc., order by government and public offices or other events have occurred and it has become impossible to conduct safe and smooth tours or there is an extremely high probability that such is the case;
(4) In cases where our company did not provide the traveler with the Fixed Documents by the due date set forth in Article 10, Clause 1;
(5) In cases where it has become impossible to conduct tours in accordance with the itineraries described in the Agreement Documents due to reasons attributable to us;
3. In cases where the traveler is no longer able to receive the Tour Services described in the Agreement Documents due to reasons not attributable to such traveler after the tours have started or where our company has notified to that effect, notwithstanding the provisions set forth in Clause 1, the traveler may terminate the corresponding part of the agreement under which he/she is supposed to receive such Tour Services, without having to pay the cancellation fees.
4. In the cases set forth in previous clause, our company shall refund to the traveler the amount of the tour charges pertaining to such part of the Tour Services that can no longer be offered to the traveler. However, when the cases set forth in the previous clause occur due to reasons not attributable to our company, we shall refund to the traveler the amount after deduction of the amount pertaining to expenses we have already paid or will have to pay as cancellation fees, penalties and other expenses to such Tour Services from said amount.

(Our rights to terminate etc. - Termination before tours start)

Article 17

1. Our company may terminate the Subscription Type Package Tour Agreements after having explained the reasons to the traveler before tours start in cases set forth in the following items:
(1) In cases where it has been discovered that the traveler does not satisfy the participating traveler terms and conditions specified by our company in advance including gender, age, qualification, skills, etc.;
(2) In cases where the traveler is deemed to be unable to engage in such tours due to illness, absence of necessary helpers or other reasons;
(3) In cases where the traveler is deemed likely to cause annoyance to other the traveler or interfere with the smooth conduct of the group's collective actions;
(4) In cases where the traveler makes demands regarding the Content of Agreement which amount to burdens that exceed the reasonable scope;
(5) In cases where the number of travelers has not reached the minimum number of participants described in the Agreement Documents;
(6) In cases where there is an extremely high possibility that the conditions for conducting tours, such as the amount of snowfall in the case of ski trips, that were specified at the time of execution of the agreement are not met;
(7) In cases where there is an extremely high possibility that a natural disaster, war, riot, discontinuance of the Tour Services provided by transportation / accommodation facilities etc., order by government and public offices or other events beyond the control of our company have occurred and it has become impossible to conduct safe and smooth tours as indicated in the Agreement Documents or there is an extremely high probability that such is the case;
(8) In cases where the correspondence agreements have been executed and the traveler is no longer able to settle obligations pertaining to tour charges etc., in whole or in part, in accordance with the Affiliated Companies' credit card membership terms and conditions, because the credit cards belonging to the traveler have become invalid, etc.;
(9) In cases where it has been discovered that the traveler falls under any item set forth in Article 7, Item 5 to Item 7.
2. In the event that the traveler fails to pay tour charges by the due date described in the Agreement Documents set forth in Article 12, Clause 1, it shall be deemed that the traveler has terminated the Subscription Type Package Tour Agreement on the day following said due date. In this case, the traveler must pay to us penalties equivalent to the amount of cancellation fees provided in Clause 1 of the previous article.
3. When our company intends to terminate the Subscription Type Package Tour Agreements for the reasons set forth in Clause 1, Item 5, we shall notify the traveler to the effect that the tour is aborted before the thirteenth (13th) day (the third (3rd) day for one-day tours) for domestic tours, and the twenty third (23rd) day (the thirty third (33rd) day for tours that start in the peak season specified in Appendix No. 1) for overseas tours counted backward from the day before the start date of the tour.

(Our rights to terminate etc. - Termination after tours start)

Article 18

1. Our company may terminate part of the Subscription Type Package Tour Agreements after having explained the reasons to the traveler even after tours have already started in cases set forth in the following items:
(1) The traveler is unable to continue the tour due to illness, absence of necessary helpers and other reasons;
(2) In cases where the traveler disobeys our instructions as issued by tour conductors or others in order to conduct tours safely and smoothly and disrupt collective actions through violence or threats, etc. against these persons or other travelers, and prevent the safe and smooth conduct of the tours;
(3) In cases where it has been discovered that the traveler falls under any item set forth in Article 7, Item 5 to Item 7;
(4) In cases where a natural disaster, war, riot, discontinuance of the Tour Services provided by transportation / accommodation facilities etc., order by government and public offices or other events beyond our control have occurred and it has become impossible to continue tours.
2. In the event that our company terminates the Subscription Type Package Tour Agreements pursuant to the provisions of the previous clause, the contractual relationship between our company and the traveler will be canceled in regard to future matters only. In this case, our obligations pertaining to the Tour Services that have already been offered to the traveler will be deemed to have been validly settled.
3. In the cases set forth in the previous clause, our company shall refund to the traveler the amount of money after deducting the amount pertaining to expenses we have already paid or will have to pay as cancellation fees, penalties and other expenses for such Tour Services from the amount of the tour charges pertaining to the part of the Tour Services which have not yet been provided to the traveler.

(Refund of tour charges)

Article 19

1. In cases where the amount of the tour charges has been decreased pursuant to the provisions of Article 14, Clause 3 to Clause 5, or where the Subscription Type Package Tour Agreements have been terminated pursuant to the provisions of the previous three articles, and where a refund amount to the traveler accrues, our company shall refund such amount to the applicable the traveler within seven (7) days counted from the day following the termination for refund arising from termination before tours start, or within thirty (30) days counted from the following day of the end date of the tour described in the Agreement Documents for refunds arising from deductions or terminations after tours have started.
2. In cases where the correspondence agreements have been executed and where the tour charges have been decreased pursuant to the provisions of Article 14, Item 3 to Item 5, or the correspondence agreements have been terminated pursuant to the provisions of the previous three articles, and a refund amount to the traveler accrues, our company shall refund such amount to the applicable traveler in accordance with the Affiliated Companies' credit card membership terms and conditions. In this case, our company shall notify the traveler of the amount of refund within seven (7) days counted from the day following termination for refunds arising from termination before tours start, and within thirty (30) days counted from the day following the end date of the tour described in the Agreement Documents for refunds arising from deductions or terminations after the tours have started, and the date on which such notices have been sent to the traveler shall be the date of card use.
3. However, the provisions set forth in the previous two clauses shall not preclude the traveler or our company from exercising rights to claim damages pursuant to the provisions in Article 27 or Article 30, Clause 1.

(Arrangements for returning after termination of agreements)

Article 20

1. IIn the event that our company terminates the Subscription Type Package Tour Agreements pursuant to the provisions of Article 18, Clause 1, Item 1 or 4 after the tour has started, in response to the traveler's requests, we shall undertake arrangements for the Tour Services necessary for the traveler to return to the departure place of such tour.
2. In the case of the previous clause, the traveler shall bear all expenses relating to the travel required to return to the departure place.

Chapter 5: Party / group agreements

(Party / group agreements)

Article 21

Our company shall apply the provisions in this chapter to execution of the Subscription Type Package Tour Agreements applied for after multiple travelers traveling on the same itinerary at the same time have appointed their responsible representatives (hereinafter referred to as "the Persons Responsible for the Agreement").

(Persons Responsible for the Agreement)

Article 22

1. Except for cases where a special contract is concluded, our company shall deem the Persons Responsible for Agreement to have all the power of representation of the traveler who constitutes the party / group regarding the execution of the Subscription Type Package Tour Agreements (hereinafter referred to as the "Constituents"), and transactions regarding tour business pertaining to such party / group shall be conducted with the Persons Responsible for the Agreement.
2. The Persons Responsible for the Agreement must submit to us a list of the Constituents by the date specified by our company.
3. Our company shall not be responsible for any debt or obligation that the Persons Responsible for the Agreement currently possess or will be expected to assume in future against the Constituents.
4. In cases where the Persons Responsible for the Agreement do not accompany the party / group, our company shall deem the Constituents appointed by the Persons Responsible for the Agreement in advance as the Persons Responsible for the Agreement.

Chapter 6: Management of itinerary

(Management of itinerary)

Article 23

Our company shall endeavor to ensure the safe and smooth conduct of tours for the traveler and carry out the duties set forth in the following items for the traveler. However, this shall not apply to cases where we have entered into special contracts with the traveler separately:

(1) In cases where it is deemed that the traveler may not be able to receive the Tour Services during the tour, take necessary measures to ensure that the traveler receives such Tour Services in accordance with the Subscription Type Package Tour Agreements;
(2) In cases where the changes to the Content of Agreement cannot be avoided, although the measures mentioned in the previous items have been taken, alternative services shall be arranged. In this case, there shall be endeavors to minimize changes to the Content of Agreement by attempting to change the itinerary in line with the intent of the original itinerary when changing the itinerary, or by attempting to change the Tour Services in a manner similar to the original Tour Services when changing the content of the Tour Services.

(Our instructions)

Article 24

The traveler must follow our instructions issued in order to conduct tours safely and smoothly when acting collectively throughout the period from the start to end of tours.

(Duties of tour conductors etc.)

Article 25

1. Depending on the content of tours, our company may have tour conductors and other persons accompany and execute the duties set forth in each item of Article 23 and other duties we deem necessary, in whole or in part, pertaining to such subscription type package tours.
2. The working hours in which the tour conductors or other persons set forth in the previous clause engage in their duties as set forth in the same clause shall in principle be from 8:00 to 20:00.

(Protection measures)

Article 26

In the event that our company deems a traveler on tour to be in a condition where protection is required due to illness, injury, etc., we may take necessary measures. In such cases where the above has occurred due to reasons not attributable to our company, the traveler shall bear the expenses required for such measures and must pay such expenses by the due date in the method designated by our company.

Chapter 7: Responsibilities

(Our responsibilities)

Article 27

1. In cases where our company or persons we have arranged as agents in accordance with the provisions of Article 4 (hereinafter referred to as the "Arrangement Agents") have, in performing the Subscription Type Package Tour Agreements, caused damages to the traveler intentionally or through negligence, we shall be responsible for compensation for the said damages. However, this is limited to cases where notifications have been sent to us within two (2) years counted backward from the day following the date when the damages occurred.
2. In cases where the traveler incurred damages due to a natural disaster, war, riot, discontinuance of the Tour Services provided by transportation / accommodation facilities etc., order by government and public offices and other events beyond the control of our company or our Arrangement Agents, our company shall not be responsible for compensation for said damages, except in cases of the previous clause.
3. As for damages occurring to hand luggage set forth in Clause 1, notwithstanding the provisions of the same clause, providing notifications have been sent to us within fourteen (14) days for domestic tours and twenty-one (21) days for overseas tours counted from the day after the date when the damages occurred, our company shall compensate a maximum of one hundred and fifty thousand (150,000) yen per traveler (excluding cases where the damages occurred due to an intentional act on our company's part or through gross negligence).

(Special compensation)

Article 28

1. Regardless of whether our company is held liable pursuant to the provision set forth in Clause 1 of the previous article, in accordance with Annex: Special Compensation Rules, we shall pay compensation and solatium equivalent to the amount determined in advance for certain damages incurred against the lives, bodies, or hand luggage of the traveler while participating in the subscription type package tours.
2. In cases where our company is responsible for the damages stated in the previous clause in accordance with the previsions set forth in Clause 1 of the previous article, the compensation of the previous clause payable by our company shall be deemed to be an indemnity within the indemnity amount payable limit on the basis of such responsibility.
3. In cases provided in the previous clause, our obligation to pay compensation pursuant to the provisions of Clause 1 shall be reduced by an amount equivalent to the indemnity payable by our company pursuant to the provisions of Clause 1 of the previous article (including compensation deemed as an indemnity in accordance with the provisions of the previous clause).
4. Our company shall handle the subscription type package tours for the traveler participating in said tours for which we have separately collected tour charges and are to conduct, as part of the content of the main Subscription Type Package Tour Agreements.

(Itinerary booking guarantee)

Article 29

1. In cases where material changes to the Content of Agreement set forth in the upper column of Appendix No. 2 (excluding the changes stated in each of the following items (excluding cases where although the transportation / accommodation facilities etc. are providing such Tour Services, lack of seats, rooms or other transportation / accommodation facilities etc. has occurred)) occur, our company shall pay in compensation for changes an amount in excess of the amount obtained by multiplying the Tour Charges by the rate listed in the lower column of the same appendix, within thirty (30) days counted from the day following the end date of the tour. However, this shall not apply to cases where it is obvious that responsibility for such changes pursuant to the provisions of Article 27, Clause 1 will occur to our company.
(1) Changes due to the following events:
A. Natural disaster;
B. War;
C. Riot;
D. Order by government and public offices;
E. Discontinuance of the Tour Services provided by transportation / accommodation facilities etc.;
F. Provision of a transportation service not included in the initial operation plan;
G. Necessary measures for the safety and security of life and body of tour participants.
(2) Changes corresponding to the part terminated when the Subscription Type Package Tour Agreements have been terminated in accordance with the provisions from Article 16 to Article 18.
2. The amount of compensation payable by our company for changes shall be limited to the amount of the tour charges multiplied by our prescribed rate of 15% or more per traveler in the subscription type package tour. Further, in cases where the amount of compensation for changes payable to a traveler in the subscription type package tour is less than 1,000 yen, our company will not pay such compensation for changes.
3. In cases where our company has paid compensation for changes pursuant to the provisions of Clause 1, and it subsequently becomes evident that our company will bear responsibility for said changes pursuant to the provisions of Article 27, Clause 1, the traveler must return the compensation for changes that pertains to said changes. In this case, our company shall pay the balance after we have offset the amount of indemnity payable by our company pursuant to the provisions of the same clause with the amount of compensation for changes that the traveler must return.

(Responsibilities of the traveler)

Article 30

1. In cases where our company incurs damages through either the intention or neglect of the traveler, such traveler must compensate for the damages.
2. Upon entering into the Subscription Type Package Tour Agreements, the traveler must endeavor to understand his/her own rights and obligations, and other content of the Subscription Type Package Tour Agreements by utilizing the information provided by our company.
3. In cases where the traveler has become aware that Tour Services different from those in the Agreement Documents are being provided, the traveler must notify our company, our Arrangement Agents, or service providers of such tour of this fact promptly at the destination, in order to receive the Tour Services prescribed in the Agreement Documents smoothly after the tour started.

Chapter 8: Compensation security bond

(Compensation security bond)

Article 31

1. Our company is a participating member in the Japan Association of Travel Agents (3-3-3 Kasumigaseki, Chiyoda-ku, Tokyo).
2. The traveler or Constituents who have executed the Subscription Type Package Tour Agreements with our company may receive repayment of up to seventy million (70,000,000) yen regarding obligations arising from the said transactions from the compensation security bond that the Japan Association of Travel Agents deposits as mentioned in the previous clause.
3. Since our company pays a share of the compensation security bond to the Japan Association of Travel Agents pursuant to the provisions of Article 22-10, Paragraph 1 of the Travel Agency Act, we do not deposit business securities pursuant to Article 7, Paragraph 1 of the same Act.

Appendix No. 1: Cancellation fees (related to Article 16, Clause 1)

1.Cancellation fees pertaining to domestic tours

Classification Cancellation fees
Subscription Type Package Tour Agreements other than those of the following item
A. Termination on or after the twentieth (20th) day (tenth (10th) day for one-day tours) counted backward from the day before the start date of the tour (excluding the cases set forth in B to E) Within 20% of the tour charges
B. Termination on or after the seventh (7th) day counted backward from the day before the start date of the tour (excluding the cases set forth in C to E) Within 30% of the tour charges
C. Termination on the day before the start date of the tour Within 40% of the tour charges
D. Termination on the start date of the tour (excluding the case set forth in E) Within 50% of the tour charges
E. Termination after the tour has started or in cases of non-participation without any notice Within 100% of the tour charges
(2)Subscription Type Package Tour Agreements using chartered ships Subject to the provisions of cancellation fees pertaining to such ships
Remarks
(1) The amount of the cancellation fees shall be specified in the Agreement Documents.
(2) In applying this table, "after the tour has started" shall refer to time on or after "the time receipt of provision of the services commences" provided in Article 2, Clause 3 of the Annex: Special Compensation Rules.

2. Cancellation fees pertaining to overseas tours

Classification Cancellation fees
(1)The Subscription Type Package Tour Agreements using airplanes that depart from or arrive in Japan (excluding the tour agreements set forth in the following items)
A. Termination on or after the fortieth (40th) day counted backward from the day before the start date of the tour where such start date of the tour falls in the peak season (excluding the cases set forth in B to D) Within 10% of the tour charges
B. Termination on or after the thirtieth (30th) day counted backward from the day before the start date of the tour (excluding the cases set forth in C and D) Within 20% of the tour charges
C. Termination on or after two days before the start date of the tour (excluding the case set forth in D) Within 50% of the tour charges
D. Termination after the tour has started or in cases of non-participation without any notice Within 100% of the tour charges
(2)Subscription Type Package Tour Agreements using chartered airplanes
A. Termination on or after the ninetieth (90th) day counted backward from the day before the start date of the tour (excluding the cases set forth in B to D) Within 20% of the tour charges
B. Termination on or after the thirtieth (30th) day counted backward from the day before the start date of the tour (excluding the cases set forth in C and D) Within 50% of the tour charges
C. Termination on or after the twentieth (20th) day counted backward from the day before the start date of the tour (excluding the cases set forth in D) Within 80% of the tour charges
D. Termination on or after the third (3rd) day counted backward from the day before the start date of the tour or in cases of non-participation without any notice Within 100% of the tour charges
(3) Subscription Type Package Tour Agreements using chartered ships at the time of departure from or arrival to Japan
Note: The "peak season" shall refer to the periods from December 20 to January 7, from April 27 to May 6 and from July 20 to August 31.
Remarks
(1) The amount of the cancellation fees shall be specified in the Agreement Documents.
(2) In applying this table, "after the tour has started" shall refer to time on or after "the time receipt of provision of the services commences" provided in Article 2, Clause 3 of the Annex: Special Compensation Rules.

Appendix No. 2: Compensation for changes (related to Article 29, Clause 1)

Changes that require payment of compensation for changes Rate (%) per change
Before the tour starts After the tour has started
1 Changes to the start date or end date of the tour described in the Agreement Documents 1.5 3.0
2 Changes to sightseeing spots, sightseeing facilities (including restaurants), or other destinations the tour plans to enter described in the Agreement Documents 1.0 2.0
3 Changes to the classes or facilities of transportation facilities described in the Agreement Documents to those with lower fees (limited to cases where the total fees of the classes and facilities after changes are lower than those of the classes and facilities described in the Agreement Documents). 1.0 2.0
4 Changes to the kinds of transportation facilities or company names described in the Agreement Documents 1.0 2.0
5 Changes to the flights at the airports in Japan which serve as the start or end point of the tour as described in the Agreement Documents 1.0 2.0
6 Changes to the indirect flights or connecting flights of direct flights between airports in Japan and overseas airports as described in the Agreement Documents 1.0 2.0
7 Changes to the kinds of accommodation facilities or company names described in the Agreement Documents 1.0 2.0
8 Changes to the kinds, facilities, views, and other conditions of guest rooms described in the Agreement Documents 1.0 2.0
9 Changes among those set forth in each of the above items to matters indicated in the tour titles in the Agreement Documents 2.5 5.0
Note 1: "Before the tour starts" shall refer to the cases where we notify the traveler of such changes up to the day before the start date of tours, and "after the tour has started" shall refer to cases where we notify the traveler of such changes on or after the start date of tour.
Note 2: In cases where the Fixed Documents are provided, the wording "Agreement Documents" shall be replaced with "Fixed Documents" and then this table will be applied. In this case, when the content of descriptions changes between the Agreement Documents and the Fixed Documents, or between the Fixed Documents and the content of the Tour Services actually provided, each change shall be counted as one case.
Note 3: In cases where the transportation facilities pertaining to changes stated in Item 3 or 4 involve the use of accommodation facilities, each night's stay will be counted as one case.
Note 4: The changes stated in Item 4 to company names of the transportation facilities are not applicable in cases where these changes entail upgrades to those of higher classes or facilities.
Note 5: Even in cases where the changes stated in Item 4, or 7 or 8 occur more than once within one single boarding etc. or one single night's stay, each single boarding etc. or single night's stay shall be counted as one case.
Note 6: The changes stated in Item 9 shall be subject to the rate of Item 9, not the rates from Item 1 to Item 8.