Standard Terms and Conditions of Travel Contracts: Arranged Tour Contracts

Chapter 1 General Provisions

Article 1 Scope

  • Any Arranged Tour Contract we enter into with the Traveler is subject to these Standard Terms and Conditions of Travel Contracts (“Standard Terms and Conditions”). Laws and regulations or generally established practices shall apply to matters not provided for by these Standard Terms and Conditions.

  • Notwithstanding the foregoing, if we enter into a special agreement in writing that does not breach any law or regulation and is within the extent that does not disadvantage the Traveler, such special agreement shall take precedence.

  • The Traveler should advise NAVITIME Travel if s/he has cancelled the tour directly through Spring Airlines.

Article 2 Definitions

  • In these Standard Terms and Conditions, an “Arranged Tour Contract” means a contract under which we undertake, as commissioned by the Traveler, to make arrangements on the Traveler’s behalf as his/her representative, intermediary or agency for the Traveler to receive transport, accommodation and other travel-related services (“Travel Services”) provided by transport operators, accommodation facilities and other providers.

  • In these Standard Terms and Conditions, “Domestic Travel” means travel within Japan, and “Overseas Travel” means travel other than Domestic Travel.

  • In these Standard Terms and Conditions, a “Travel Fee” means the sum of transport fares, accommodation charges and any other charges we pay to transport operators, accommodation facilities and other providers in order to arrange Travel Services and the travel administration handling fee charged according to our tariff (excluding any change administration fees and cancellation fees).

  • In this section, a “Contract by Correspondence” means an Arranged Tour Contract entered into with a card member of our partner credit card company (the “Partner Company”) upon receiving an application through telephone, post, facsimile or any other means of correspondence whereby the Traveler agrees in advance that our claim against or obligation to the Traveler relating to the Travel Fee, etc., under the Arranged Tour Contract shall be settled on or after the date on which the claim or obligation is due in accordance with the card member agreement provided separately and the Traveler pays such Travel Fee, etc., by the method defined in Paragraph 2 or 5 of Article 16.

  • In this section, an “Electronic Notice of Acceptance” means a notice of acceptance of a contract application delivered using any form of information communication technology that employs telecommunication lines connecting the computer, facsimile equipment, telex or telephone (“Computer, etc.”) we use to the Computer, etc., used by the Traveler.

  • In these Standard Terms and Conditions, a “Card Transaction Date” means the date on which the Traveler’s payment of the Travel Fee, etc., or our performance of any reimbursement obligation under the Arranged Tour Contract is due.

Article 3 Termination of Arrangement Obligation

  • The performance of our obligations under the Arranged Tour Contract ends when we have arranged Travel Services with the due care of a prudent manager. Therefore, even if we are unable to enter into agreements with transport operators, accommodation facilities and other providers to provide Travel Services due to full occupancy, closure, failure to meet the required condition or any other reason, the Traveler must pay to us the travel administration handling fee (“Handling Fee”) charged according to our tariff when we have performed our obligations. In the case of a Contract by Correspondence, the Card Transaction Date in such case shall be the date on which we notify the Traveler of the failure to enter into agreements with transport operators, accommodation facilities and other providers to provide Travel Services.

Article 4 Arrangement Agent

  • In the performance of the Arranged Tour Contract, we may use a domestic or foreign travel agent, travel arrangement specialist or other assistant acting on our behalf.

Chapter 2 Conclusion of Contract

Article 5 Application for Contract

  • The Traveler wishing to enter into an Arranged Tour Contract with us must complete the application form provided by us with required information and submit it to us with an application fee, the amount of which is separately determined by us.

  • Notwithstanding the foregoing, the Traveler wishing to enter into a Contract by Correspondence with us must notify us of his/her membership number and details of the Travel Services s/he wishes to request.

  • The application fee set out in Paragraph 1 shall be treated as part payment of the Travel Fee, cancellation charge and/or any other monies payable to us by the Traveler.

Article 6 Refusal to Enter into Contract

  • We may refuse to enter into an Arranged Tour Contract if:

    • In case of a Contract by Correspondence, the credit card owned by the Traveler is invalid, or otherwise the Traveler is unable to settle part or all of his/her obligations relating to the Travel Fee, etc., in accordance with the card member agreement of the Partner Company;

    • The Traveler is identified as a member, a quasi-member or an associate of an organized crime group, a company affiliated to an organized crime group, or a corporate racketeer or any other anti-social force;

    • The Traveler has made violent or unreasonable demands to us, shown threatening behavior regarding the transaction, acted violently, or taken any action similar to these in nature;

    • The Traveler has harmed our reputation by spreading false rumor or using fraudulent means or force, obstructed our business, or taken any action similar to these in nature; or

    • There is any other operational reason on our part.

Article 7 Timing of Formation of Contract

  • An Arranged Tour Contract is formed when we accept the application to enter into the contract and receive the application fee set out in Article 5, Paragraph 1.

  • Notwithstanding the foregoing, a Contract by Correspondence is formed when we issue a notice of acceptance of the application set out in Article 5, Paragraph 2. However, if an Electronic Notice of Acceptance is issued pertaining to the contract, the contract shall be deemed to be formed when the notice reaches the Traveler.

Article 8 Special Provisions Concerning Formation of Contract

  • Notwithstanding the provisions of Article 5, Paragraph 1, under a special arrangement agreed in writing, we may put an Arranged Tour Contract into effect without an application fee upon acceptance of the application to enter into the contract.

  • In such case as is set out in the preceding paragraph, the timing of the formation of the Arranged Tour Contract shall be stated in said written agreement.

Article 9 Special Provisions Concerning Transport Tickets, Accommodation Coupons, etc.

  • Notwithstanding the provisions of Article 5, Paragraphs 1 and 2, we may accept oral applications to enter into Arranged Tour Contracts intended solely for the arrangement of transport services or accommodation services wherein a document showing the right of the document holder to receive such Travel Services is issued in exchange for the payment of the Travel Fee.

  • In such case as is set out in the preceding paragraph, the Arranged Tour Contract shall be formed upon our acceptance of the application to enter into the contract.

Article 10 Contract Documents

  • Promptly upon the formation of the Arranged Tour Contract, we shall issue to the Traveler documents containing the itinerary of the tour, particulars of the Travel Services, Travel Fee and other conditions of the tour and matters relating to our responsibilities (“Contract Documents”). However, such Contract Documents may not be issued in cases where we issue transport tickets, accommodation vouchers and other documents detailing the right of the document holder to receive Travel Services covering all of the Travel Services arranged by us.

  • In cases where the Contract Documents has been issued as set out in the preceding paragraph, the scope of the Travel Services we are obligated to arrange under the Arranged Tour Contract shall be as stated in said Contract Documents.

Article 11 Use of Information Communication Technologies

  • If, with the Traveler’s prior consent, in lieu of documents stating the itinerary of the tour, particulars of the Travel Services, Travel Fee and other conditions of the tour and matters relating to our responsibilities or Contract Documents to be issued to the Traveler at the time of entry into an Arranged Tour Contract, we provide such particulars to be stated in said documents (in this Article, the “Particulars”) by means of information communication technologies, we shall confirm that the Particulars have been recorded in a file stored in the communication device used by the Traveler.

  • In such case as is set out in the preceding paragraph, if no file for recording the Particulars is stored in the communication device for use by the Traveler, we shall record the Particulars in a file stored in a communication device used by us (which shall be limited to that to be provided solely for the relevant Traveler’s use) and confirm that the Traveler has viewed the Particulars.

Chapter 3 Amendment and Cancellation of Contract

Article 12 Revision of Contract provisions

  • The Traveler may request us to revise the itinerary of the tour, particulars of the Travel Services and other conditions of the Arranged Tour Contract. In such case, we shall comply with the Traveler’s request wherever possible.

  • If any provision of the Arranged Tour Contract is amended at the Traveler’s request, the Traveler shall bear any cancellation charges payable to transport operators, accommodation facilities, etc. for the cancellation of already completed arrangements, penalty charges or other costs incurred by the amendment to arrangements, as well as a change administration fee payable to us, which shall be charged according to our tariff. Furthermore, any increase or decrease in the Travel Fee incurred by the amendment to the Arranged Tour Contract shall be attributed to the Traveler.

Article 13 Voluntary Cancellation by the Traveler

  • The Traveler may cancel all or part of the Arranged Tour Contract at any time.

  • If the Arranged Tour Contract is cancelled under the preceding paragraph, the Traveler shall bear any cancellation charges, penalty charges or other costs that have already been paid or yet to be paid to transport operators, accommodation facilities, etc. for Travel Services already provided or yet to be provided to the Traveler, and pay to us a change administration fee charged according to our tariff as well as the travel administration handling fee we would have otherwise received.

Article 14 Cancellation for Reason Attributable to the Traveler

  • We may cancel an Arranged Tour Contract in any of the following events:

    • The Traveler fails to pay the Travel Fee by the due date;

    • In the case of a Contract by Correspondence, the Traveler is unable to settle part or all of his/her obligations relating to the Travel Fee, etc., in accordance with the card member agreement of the Partner Company due to the Traveler’s credit card expiring or any other reason; or

    • The Traveler is found to fall under one of the items listed in Article 6, Items 2 through 4.

  • If the Arranged Travel Contract is cancelled under the preceding paragraphs, the Traveler shall bear any cancellation charges, penalty charges or other costs that have already been paid or yet to be paid to transport operators, accommodation facilities, etc., for Travel Services yet to be provided to the Traveler, and pay to us a change administration fee charged according to our tariff as well as the travel administration handling fee we would have otherwise received.

Article 15 Cancellation for Reason Attributable to Us

  • If it becomes impossible for Travel Services to be arranged for any reason attributable to us, the Traveler may cancel the Arranged Tour Contract.

  • If the Arranged Tour Contract is cancelled under the provision of the preceding paragraph, we shall reimburse to the Traveler the Travel Fee already collected, excluding any costs that have already been paid or to be paid to transport operators, accommodation facilities, etc., for Travel Services already provided to the Traveler.

  • The provisions of the preceding paragraph do not prevent the Traveler from making a claim for compensation against us.

Chapter 4 Travel Fee

Article 16 Travel Fee

  • The Traveler must pay to us the Travel Fee prior to the start of the tour and no later than the due date specified by us.

  • In case of a Contract by Correspondence, we receive the payment of the Travel Fee using a Partner Company’s card without the Traveler’s signature on the prescribed payment slip. In such case, the Card Transaction Date shall be the date on which we notify the Traveler of the particulars of the Travel Services finalized by us.

  • If the Travel Fee changes prior to the start of the tour due to changes made to the fares and tariff by transport operators, accommodation facilities, etc., exchange rate fluctuations or any other reason, we may revise such Travel Fee.

  • In such case as is set out in the preceding paragraph, any increase or decrease in the Travel Fee shall be attributed to the Traveler.

  • In cases where we enter into a Contract by Correspondence with the Traveler, if any cost arises that is to be borne by the Traveler under the provisions of Chapter 3 or Chapter 4, we shall receive payment of such cost using a Partner Company’s card without the Traveler’s signature on the prescribed payment slip. In such case, the Card Transaction Date shall be the date on which we notify the Traveler of the amount payable to us by the Traveler or to be reimbursed to the Traveler by us. However, if we cancel the Arranged Tour Contract under the provisions of Article 14, Paragraph 1, Item 2, the Traveler must pay the costs, etc., payable to us by the Traveler by the due date specified us and by the payment method specified by us.

Article 17 Adjustment of Travel Fee

  • If the sum of the costs we pay to transport operators, accommodation facilities, etc., in order to arrange Travel Services that are attributable to the Traveler and the administration handling fee (the “Adjusted Travel Fee”) and the amount already collected as the Travel Fee do not match, we shall adjust the Travel Fee promptly after the end of the tour as set out in the following paragraph and Paragraph 3:

  • If the Adjusted Travel Fee exceeds the amount already collected as the Travel Fee, the Traveler must pay to us the difference between these amounts.

  • If the Adjusted Travel Fee is less than the amount already collected as the Travel Fee, we shall reimburse to the Traveler the difference between these amounts.

Chapter 5 Group Arrangement

Article 18 Group Arrangement

  • If a multiple number of the Travelers travelling at the same time following the same itinerary apply for an Arranged Tour Contract under a responsible representative (“Contract Responsible Person”), the provisions of this Chapter shall apply.

Article 19 Contract Responsible Person

  • Unless a special arrangement has been agreed, we shall deem the Contract Responsible Person to have the entire rights to represent the Travelers constituting the group (individually a “Group Member”; collectively “Group Members”) relating to the entry into the Arranged Tour Contract and shall make all transactions relating to the travel administration for the group and the task set out in Article 22, Paragraph 1 with the Contract Responsible Person.

  • The Contract Responsible Person must submit to us by the date specified by us a list of Group Members or notify us of the number of Group Members in the group.

  • We assume no responsibility whatsoever for any obligations or duties the Contract Responsible Person has or is expected in future to have to Group Members.

  • If the Contract Responsible Person does not accompany the group, we shall deem the Group Member nominated in advance by the Contract Responsible Person to be the Contract Responsible Person after the start of the tour.

Article 20 Special Provisions Concerning the Conclusion of Contract

  • Notwithstanding the provisions of Article 5, Paragraph 1, in cases where we enter into an Arranged Tour Contract with a Contract Responsible Person, we may from time to time agree to enter into an Arranged Tour Contract without receiving the payment of an application fee.

  • If we enter into an Arranged Tour Contract under the preceding paragraph, we shall issue a written statement to the Contract Responsible Person to that effect, and the timing of the formation of the Arranged Tour Contract shall be the date on which we issue such statement.

Article 21 Change in Group Members

  • We shall comply wherever possible with any request from the Contract Responsible Person to make changes to the Group Members.

  • Any increase or decrease in the Travel Fee incurred by such change as set out in the preceding paragraph and the cost incurred by such change shall be attributed to Group Members.

Article 22 Conductor Service

  • Where requested by the Contract Responsible Person, we may provide a conductor service by assigning a tour conductor to accompany the group.

  • The conductor service shall in principle be limited to tasks necessary for the group to engage in group activities in accordance with the prescribed itinerary.

  • The time period in which the tour conductor provides the conductor service shall be, in principle, between 8:00 and 20:00.

  • If we provide a conductor service, the Contract Responsible Person must pay to us the conductor service fee charged according to our tariff.

Chapter 6 Responsibilities

Article 23 Our Responsibilities

  • If in the course of performing the Arranged Tour Contract either we or the person we use to make arrangements on our behalf (“Agent”) causes damage to the Traveler by intention or negligence, we shall assume responsibility to compensate for the damage, provided that we are notified within two (2) years from the day following the date on which the damage occurred.

  • We assume no responsibility to compensate for any damage suffered by the Traveler due to a natural disaster, war, riot, suspension of Travel Services by transport operators, accommodation facilities, etc., order of a government or public agency or any other event beyond our control or the control of our Agent except in such case set out in the preceding paragraph.

  • Notwithstanding the foregoing, we shall compensate for any damage to baggage as set out in Paragraph 1 up to a maximum limit of one hundred and fifty thousand (150,000) yen per Traveler (unless the damage was caused by our intention or gross negligence) provided only that we are notified within 14 days of the day following the date of the occurrence of the damage in the case of Domestic Travel and 21 days in the case of Overseas Travel.

Article 24 Responsibilities of the Traveler

  • If we suffer damage caused by the intention or negligence of the Traveler, the Traveler must compensate for the damage.

  • The Traveler must, in entering into the Arranged Tour Contract, endeavor to understand the Traveler’s rights and obligations and any other detail of the Arranged Tour Contract by making use of the information provided by us.

  • In order to receive the Travel Services stated in the Contract Documents smoothly, if, after the start of the tour, the Traveler becomes aware that Travel Services provided differ from those stated in the Contract Documents, the Traveler must immediately notify us, our Agent or the provider of the Travel Services of the discrepancy on the spot.

Chapter 7 Operational Guarantee Bonds

Article 25 Repayment Guarantee Bond

  • We are a security member of the Japan Association of Travel Agents (registration number: Tokyo 2-7163).

  • The Traveler or Group Member who has entered into an Arranged Tour Contract with us may be able to have their claim deriving therefrom satisfied up to a limit of two million two hundred thousand (2,200,000) yen from the repayment guarantee bond deposited by the Japan Association of Travel Agents referred to in the preceding paragraph.

  • As we make contributions to the Japan Association of Travel Agents towards the repayment guarantee bond under Article 22, Paragraph 10 (1) of the Travel Agency Act, we do not deposit any business guarantee bond under Article 7, Paragraph 1 of the Travel Agency Act.