Travel Terms and Conditions (for Domestic Arranged Tour)

This document on the Travel Terms & Conditions is a part of the document issued for Explanation on Terms of Transaction in accordance with the Article 12-4, and also a part of the Contract Document in accordance with the Article 12-5, of Travel Agency Law.
Please be sure to read and confirm the contents prior to application.

1. Arranged Tour Contract

(1) The Arranged Tour Contract (hereinafter referred to as "the Contract") is the contract under which this company (hereinafter referred to as "the Company"), commissioned by the Traveler, undertakes to make arrangements so that the Traveler can receive services for transportation, accommodation, and other services for travel provided by transportation/accommodation facilities (hereinafter referred to as "Travel Services") by acting as a representative, as an intermediary, as an agent, etc., on behalf of the Traveler.

(2) When the Company has made arrangements for Travel Services with the good manager's duty of due care, the performance of the Company's obligations based on the Contract is deemed completed. Accordingly, even if the Company was unable to conclude a contract with transportation/accommodation facilities, etc., for providing Travel Services due to a reason of being full, suspension of business, conditions being unsuitable, etc., the Traveler has to pay to the Company its prescribed travel business handling fee (hereinafter referred to as the "Handling Fee") if the Company has fulfilled its obligations.

(3) Matters not provided for in these Travel Terms and Conditions shall be governed by the finalized itinerary which will be provided separately, statements on tickets for ground transportation services or airplanes, coupons and the Company's Terms and Conditions (see section of Travel Contracts for Arranged Tours).

2. Application for Travel and Completion of Travel Contract

(1) Please enter the prescribed matters in an application form prescribed by the Company and submit it to the Company together with the application fee arrived at by multiplying the travel fee by the ratio from 20 to 100%. The application fee shall be applied as all or a part of a travel expense, Handling Fees, cancellation fee or the like.

(2) Application by Party or Group

  1. Please apply to the Company for the Contract of same itinerary by more than one travelers upon designating the responsible representative of a party or a group of Travelers (hereinafter referred to as "the Person Responsible for the Contract") in advance. The Company shall deem that the Person Responsible for the Contract has all power of the party/group for the conclusion and cancellation of the Contract, and shall transact with the Person Responsible for the Contract concerning the travel affairs for the party/group.
  2. The Person Responsible for the Contract must submit a list of the participants of such travel to the Company by the date designated by the Company.
  3. The Company shall not bear any responsibility for any debt or obligation which the Person Responsible for the Contract currently has or is expected to have in the future to the participants of such party or the group.
  4. In a case where the Person Responsible for the Contract will not accompany such party or the group during the travel, the Company deems that the traveler who has been assigned by the Person Responsible for the Contract in advance as Person Responsible for the Contract after the commencement of the travel.

(3) In case of this Section (1) and (2), the Contract enters into effect when the Company has agreed to the conclusion of the Contract and received the application fee.

(4) Notwithstanding the provision of this Section (3), with a written special arrangement, the Company may agree to the conclusion of the Contract without receiving the payment of application fee. In this case, the timing of conclusion of the Contract shall be specified in such written arrangement document.

(5) The Company may accept a verbal application if the Traveler requests the Contract for the purpose to arrange a transportation ticket(s), air ticket(s), and/or accommodation coupon(s). In this case, the Contract shall enter into force at the time the Company accepts to conclude the Contract.

(6) A traveler who needs any consideration from travel services operation for such reason as infirmity, chronic/temporary ailment, pregnancy or a physical disadvantage etc. is requested to inform the Company to that effect at the time of application for the Contract.

(7) The Company shall issue to the Traveler the contract documents that describes travel itinerary, contents of travel service, travel fee, the other travel conditions and matter concerning the Company's responsibility immediately after the conclusion of the arranged travel contract. Provided, however, that the Company may not issue the contract documents in the event that the Company issue transportation ticket, air ticket, accommodation facility's coupon or any other document showing the right of travel service to be provided concerning the travel service arranged by the Company.

(8) The Company may not agree to conclude the Contract, if the Company's business situation necessitates it, when the Traveler is recognized as an organized crime group members, semi-members, persons related to organized crime groups, a firm associated with an organized crime group, corporate extortionist(soukai-ya) or any other anti social force, when the Traveler makes a demand in a violent manner, an unreasonable demand, or an intimidatory statement or using violence in connection with any transaction, or any conduct similar to the foregoing items against the Company, or when the Traveler discredits or obstructs business of the Company by spreading false rumors, using fraudulent means.

3. Travel Fee

(1) A Travel Fee will be the sum of Travel Expenses as described in Section 4 (1) and Travel Business Handling Fees. The Traveler must pay to the Company the travel fee at the time the Company provide coupons for transportation and/or accommodation.

(2) In cases where there is a variation in the Travel Expenses due to such reasons as revision of the fares and charges applied for the transportation/accommodation facilities used in travel prior to commencement of the travel, the Company will change the amount of the travel fee. In this case, the increase or decrease of Travel Fee shall belong to the Traveler.

4. Travel Business Handling Fee

The Traveler shall pay to the Company the Handling Fees, in consideration for a travel arrangement, an issuance of coupons and the like, as prescribed below. Those not described below shall be based on the Company's travel business handling fee list.

Commissioned Business Fees
Single arrangement of Travel Service provided by transportation/accommodation facilities etc. or Ticketing upon Confirmation of coupons etc. or communication for reservations with accommodation facilities by alliance credit card without coupons Equal to or less than 20% of total Travel Expenses more than JPY 540 per one arrangement (the Traveler must bear JPY 540 if total Travel Expenses is less than JPY2, 500.)
(When a single accommodation facility is arranged for consecutive stay, the arrangement is counted as one arrangement.)
Combined arrangement of Travel Services provided by transportation/accommodation facilities etc. Equal to or less than 20% of total amount of Travel Expenses

(1) Travel Expenses shall mean the fares or expenses which will be paid to the transportation/accommodation facilities in turn of the transportation fares, accommodation charges together with other expenses in order to be provided the travel services.

(2) "Single arrangement for travel service providers such as transportation/accommodation facilities etc." means one type of arrangement singularly for travel service providers of transportation facilities, such as aviation, private railways, buses, ferries etc., accommodation facilities, and other service providers such as entrance, admission and dining etc.

(3) When the same travel business is arranged simultaneously for more than one Traveler, it is counted as one arrangement. In the case where the days, routes, and transportation/accommodation facilities of the arranged services are different, they are considered as different arrangements to be charged separately. Provided, however, that in case of single air ticket arrangement, the Traveler must pay to the Company handling fee as one arrangement for one person and one route (i.e. two arrangements for the round trip basically). In case of change/cancellation of air ticket, the Traveler must pay to the Company the handling fee stipulates in Section 5 and 6 as one arrangement for one person and one route (i.e. two arrangements for the round trip basically).

(4) "Ticketing upon Confirmation" means ticketing of coupon after the Company has confirmed the content booked directly by the Traveler.

(5) If the Traveler request the delivery of coupons above, the Traveler shall separately bear delivery costs. Also, if the Traveler request personal delivery, the Traveler shall bear JPY3, 240 per one item in addition to actual costs such as transportation fee and the like.

(6) The fixed charges in this Section, the Section 5 and 6 include consumption tax. As regard to the arrangement items for which the charges are not fixed and arrived at by multiplying the specific values by the prescribed ratios in the table, the consumption tax will be calculated and added later.

(7) In case where a Traveler cancels the Contract for personal reason(s), the Traveler must pay to the Company the Handling Fee.

5. Change in Travel Contract Contents

(1) A Traveler may requests the Company to change Contract Contents. In this case, the Company will accommodate the Traveler's request to a reasonably practical extent; however, the increase or decrease of the amounts of the travel fee due to change in travel contract contents shall belong to the Traveler. Please note that the Traveler must bear the following fees in case of the change after commencement of the arrangement.

(2) The Traveler must bear a cancellation fee, any penalties to be paid to the transportation/accommodation facilities, etc., as well as costs required to implement the change in the arrangements, if such fees are incurred due to the change in Contract Contents. The Traveler also must pay to the Company a fee to implement procedures relating to making changes as prescribed below.

One per each travel service providers to change Equal to or less than 20% of total Travel Expenses more than JPY 540 per one arrangement (the Traveler must bear JPY540 if total Travel Expenses is less than JPY 2,500.)

6. Termination by Traveler and Refund

(1) In cases where a Traveler cancels the Contract for personal reason(s), the Traveler must pay to the Company the following charges, and the balance between the charges and the travel fee will be refunded. Please note that the Traveler must bear the following fees in case of cancellation after commencement of the arrangement.

  1. The Travel Expenses on the Travel Services already received;
  2. The cancellation fee(s), penalty fee(s) and other costs to be paid to travel service provider(s) for the Travel Services not yet received; and
  3. The Handling Fee(s) that the Company is expected to receive based on Section 4, plus the following cancellation fee(s).
one per each travel service providers to cancel Equal to or less than 20% of total Travel Expenses more than JPY 540 (the Traveler must bear JPY 540 if total Travel Expenses is less than JPY 2,500.)

(2) The Traveler may cancel the Contract if it has become impossible to make arrangements for Travel Services due to causes attributable to the Company. In this case, the Company shall refund the Traveler the Travel Fee already received, excluding the Travel Expenses cost for the Travel Services already received by the Traveler.

7. Termination by Company and Refund

The Company may cancel the Contract if the Traveler has not paid the travel fee by the prescribed due date, if the Traveler is recognized as an organized crime group members, semi-members, persons related to organized crime groups, a firm associated with an organized crime group, corporate extortionist(soukai-ya) or any other anti social force, if the Traveler makes a demand in a violent manner, an unreasonable demand, or an intimidatory statement or using violence in connection with any transaction, or any conduct similar to the foregoing items, or if the Traveler discredits or obstructs business of the Company by spreading false rumors, using fraudulent means, or using any form of force or any conduct similar to the foregoing items. In this case, the Traveler must bear the Handling Fee(s) as prescribed in Section 4, the cancellation fee(s) as prescribed in Section 6(1) and the cancellation fee, the penalty, etc. and other cost to be paid to travel service providers etc.

8. Adjustment of Travel Fee

If the amount already received by the Company as the travel fee and the actual amount of the travel fee needed to cover the Travel Expenses etc. are not different, the Company shall promptly adjust the travel fee after the completion of the travel.

9. Responsibility of the Company

(1) If the Company (or the person who has made arrangements for the Company as an agent) has caused damage to a Traveler intentionally or by negligence, the Company shall bear the responsibility for compensating for the damage, provided that the Company has been informed within 2 years of the day following the date of occurrence of the damage.

(2) If a Traveler has incurred damage due to the following events, the Company shall not be responsible for compensating for the damage, except in a case referred to in the preceding Paragraph of this Section:

  1. Natural disasters, wars, riots, acts of terrorism, orders from a government or other public offices, quarantine in case of an infectious disease, and the resulting damage, change of schedule or cancellation of the travel;
  2. The suspension of the provision of Travel Services of transportation and accommodation facilities, etc., due to such causes as accident or fire, or the resulting change of schedule or cancellation of the travel due to those incident;
  3. Accident during free time;
  4. Food poisoning;
  5. Theft; or
  6. Delays, blockades, changes of schedule or routes in transportation facilities resulting in change of schedule, including shortened stay at the place of destination.

(3) The Company shall compensate for the damage referred to in Paragraph (1) of this Section caused to baggage within the limits of JPY 150,000 per Traveler if the Company has been informed within 14 days of the day following the date of occurrence of the damage (The limitations will not be applied if the damage is intentional or caused by gross negligence on the part of the Company.)

10. Responsibility of Traveler

(1) If the Company has incurred any damage caused by a Traveler intentionally or by negligence, the Traveler shall compensate the Company for such damage.

(2) A Traveler must endeavor to understand the rights and obligations of the Traveler, as well as other contents of the Contract, making good use of the information supplied by the Company.

(3) Please let the Company or travel service provider know immediately at the site of travel if the Traveler recognizes after the commencement of the travel that the service actually provided is different from the contents stipulated in the Contract documents.

11. Travel Terms and Conditions for the Traveler who Wish to Enter into Travel Contract by means of Communication Contract

The Company may accept travel application by means of telephone, mail, facsimile, internet or any other communication tools on the condition that the Company receive the payment of Travel Fee from a card member (hereinafter referred to as the "Member") of credit card company with whom the Company affiliates (hereinafter referred to as "affiliated company") without the Member's signature (hereinafter referred to as "Communication Contract"). Provide, however, that the Company may not accept because there is no member store contract, or because of business reasons. Travel terms and Conditions on Communication Contract is different from the normal travel terms in the following points:

(1) The "date of card use" in this Section shall mean the date the Member shall pay the Travel Fee and the Company shall fulfil the refund liability based on the travel Contract, and the former is the date when the Contract is concluded, and the latter is the date of offering for termination of the Contract. Provided, however, that the date of card use shall be within seven days from the following date of offering for termination if the termination date is date after the payment of Travel Fee. In this case, the Company shall refund the Traveler the Travel Fee, excluding the cancellation fee.

(2) In application a Member shall notify the Company of the membership number, the contents of the Travel Services he/she intends to order, and the like.

(3) A Communications Contract enters into effect at the time the Company has issued a notice to the effect that the Company agrees to the conclusion of the Contract; provided, however, that if a notice to accept the Contract is issued by email, facsimile or the like, the contract enters into effect at the time such notice has reached the Member.

(4) The Company shall cancel the Communication Contract and the Traveler shall bear the cost described in Section 6(1), Handling Fee and the like if the Traveler has not paid the travel fee by the credit card for a reason of the Traveler's credit ability etc. Provided, however that this shall not apply if the Member pays the Travel Fee in cash by due date designated by the Company separately.

12. Handling of Personal Information

(1) Personal Information of a Traveler that the Company acquires at the time of application shall be used for the following purposes: communication with the Traveler, to make arrangements for the travel he/she applied for and to provide the travel, and insurance procedures to secure the Company's cost for liabilities or accidents under the Travel Contract. Personal information shall also be used to offer products and inform him/her of the Company's special campaigns, as well as for direct marketing purposes, such as sending a questionnaire to solicit his/her opinions, for the convenience of the Travelers' shopping, to process the data, or the guide at the time of participation of the travel and the like.

(2) Within the range of the purposes stated in (1) of this Section, the Company may, in advance, through an electronic communication technology, give the personal information of the Traveler such as his/her name, passport number and the flight number to be boarded, age, sex, address, phone number, nationality etc. to the transportation / accommodation facilities, insurance companies, souvenir shops such as duty-free shops, agencies the Company consigned to the travel arrangements, the Company's sales agencies for Agent-Organized Tour Contract or business operators that the Company consigns the service for data process or guide etc. with whom the Company has concluded a contract regarding the processing of personal data. The Company also may cooperate to provide personal data in response to investigation by police in connection with accident and the like, or the request by the Ministry of Land, Infrastructure, Transport and Tourism, Japan Tourism Agency and other national public offices.

(3) In preparation for injury or sickness of the Traveler during the travel, the Company shall ask the personal information for the domestic contract person during the Traveler's travel. Such personal information shall be used when the Company recognizes that it is necessary to contact the domestic contract person because of Traveler's injury or sickness. The Traveler shall obtain the acceptance by the domestic contract person concerning his/her provision of such domestic contract person's personal information to the Company.

(4) The Traveler must give accurate information when filling out the application form, making the list of participants' names and answering the questionnaires, lest travel arrangements and service provision will be interfered with. In application for the Contract, the Traveler shall be requested to agree the provision of such personal information.

(5) The Traveler is entitled to request that the Company make known the purpose(s) of the use of personal information. The Traveler may also ask the Company to disclose, correct, add or delete certain information. The Traveler is also entitled to request that the personal information not be used anymore or given to a third party. In any of the above events, the Traveler may notify the Company's office indicated in this document. The chief privacy officer is the senior director of the Company's Compliance Section.

13. Basis for Calculation

This Travel Terms and Conditions shall be based on the fares and fees effective at the date of conclusion of travel contract.

[Recommendation for Domestic Travel Insurance]
It is recommended that the Traveler purchases domestic travel insurance which insures him/her against unforeseen occurrences and greatly enhances the joy of travel. The Traveler is free to ask any questions for details regarding domestic travel insurances.

Commissioner of JTA Travel Agent Registration No.38
TOBU TOP TOURS CO.,LTD.
JATA Security Member Voluntary Bond Security Member

The Certified Travel Services Manager is responsible for all transactions made at the office which deals with the travel concerned. The Traveler is free to ask any questions regarding the Contract in cases where explanation by the staff in charge is unclear.

(June, 2017j