Terms and Conditions – Arranged Tour Contract

Terms and Conditions – Arranged Tour Contract

The English document is a translation of “手配旅行取引条件説明書面 (Tehairyoko Torihiki Joken Setsumei Shomen)” . Japanese document is the original.

Terms and Conditions – Arranged Tour Contract

The tour is coordinated and arranged by Ohayo Travel Corporation (hereinafter referred to as “the Company”) based on the Arranged Tour Part of the Standard General Conditions of Travel Agency Business. This document shall be a part of the Contract Document upon conclusion of the Arranged Tour Contract.

1. Arranged Tour Contract

1.1“Arranged Tour Contract” is a contract under which the Company undertakes to make arrangements at the request of the Traveller by representing him or her, or by acting as his or her intermediary, or by playing an introductory role for him or her, so that the Traveller will be provided with services, such as transportation and accommodation offered by transportation service providers and accommodation facilities, and other service providers related to the travel (hereinafter referred to altogether as the “Tour Service”).

2. Tour Price

2.1. Tour Price shall mean the expenses paid by the Company for transportation charges, accommodation charges, and other expenses payable to transportation service providers, accommodation facilities and other service providers to arrange the Tour Service, and the handling charge of the Tour Service that is set by the Company (handling charges for alteration and cancellation procedures are not included).
2.2. When the Company made arrangements for the Tour Service with the duty care of a good manager, the fulfillment of the Company’s liability based on the Arranged Tour Contract shall finish. Even if contracts are not executed by transportation service providers, accommodation facilities, or other service providers due to capacity fully filled, a shutdown, unmet conditions or other reasons, when the Company has fulfilled the obligations, the Traveller shall be required to pay to the Company the handling charge of the Tour Service set by the Company (hereinafter referred to as the “Handling Charge”).

3. 1. Application and Conclusion of the Contract

3.1. The Traveller who has an intention to conclude the Contract shall fill in the necessary information, submit the application in the application form as designated by the Company (hereinafter referred to as the “Application Form”), and shall submit it to the Company together with the required payment to apply for the Contract (hereinafter referred to as the “Application Fee”) as separately specified by the Company.

3.2. The Contract shall be concluded when the Company accepted the Contract and the Company received the Application Fee.

3.3. The Company reserves the right to decline to conclude the Contract due to business reasons or other reasons.

3.4. In the case that the Company concludes the Contract with the Contract Representative, the Company may accept the Application Form without receiving a payment of the Application Fee with a special condition clause in a written form. In this case, the date of the Contract shall be at the time of issuing a document with a special condition clause

3.5. Promptly after the conclusion of the Arranged Tour Contract, the Company will deliver to the Traveller a document that describes detailed tour conditions including an itinerary, content of the Tour Service, the Tour Price, and other conditions of the Tour,
as well as the Company’s responsibilities (hereinafter referred to as the “Contract Document”).

3.6. There are cases where the Company may not deliver the Contract Document when the Company delivers a document indicating the right to receive all the Tour Service, such as transportation tickets, accommodation coupons and other services as arranged by the Company.
4. Alteration of the Contract Content

4.1. The Traveller may request the Company to change the content of the Arranged Tour Contract, such as an itinerary, content of the Tour Service, and other conditions of the Arranged Tour Contract, in which case the Company shall accommodate to such requests to the extent it is feasible.

4.2. Where the content of the Arranged Tour Contract is changed at the request of the Traveller as per the Article 4.1 of this document, the Traveller will be required to bear the cancellation fees and penalty charges payable to transportation service providers, accommodation facilities, or other service providers, and other expenses associated with the change. Additionally, the Traveller will be required to pay handling charges to the Company as specified by the Company.

5. The Traveller’s Rights to Cancel the Contract

5.1. Discretionary Cancellation by the Traveller

5.1.1. The Traveller may cancel the Arranged Tour Contract in whole or in part at any time by paying the followings:
Expenses for which the Traveller received the Tour Service
Expenses and cancelation fees for which the Traveller has not received the Tour Service
Handling charges and cancelation fees as specified by the Company

5.2. Cancellation Due to Causes Attributable to the Company

5.2.1. In the case that the arrangement for the Tour Service becomes impossible due to causes attributable to the Company, the Traveller may cancel the Arranged Tour Contract.

5.2.2. In the case that the Arranged Tour Contract has been cancelled pursuant to the provision of the Article 5.2.1. of this document, the Company will reimburse to the Traveller the Tour Price already received, after deducting the expenses already paid to transportation service providers, accommodation facilities, and other service providers, in return for the Tour Service already received by the Traveller, as well as the expenses
payable after the cancellation for the Tour Service already received.

5.3. The Company’s Rights to Cancel the Contract

5.3.1. In the case where the Traveller does not pay the Tour Price by the due date, the Company may cancel the Contract. In this case, the Traveller will be required to pay expenses for which the Traveller received the Tour Service, and to bear the cancellation fees and penalty charges payable to transportation service providers, accommodation facilities, or other service providers, and other expenses associated with the change. Additionally, the Traveller will be required to pay handling charges to the Company as specified by the Company.

6. Alteration of Tour Price

6.1. In the case that there is a change of the fares and charges of transportation and accommodation facilities, a significant movement of the foreign exchange rate prior to the start of the Tour, the Company may change the Tour Price prior.

7. Settlement of Tour Price

7.1. In the case that there is any differences between the amount of the expenses paid by the Company to the transportation service providers, accommodation facilities, and other service providers to arrange for the Tour Service and the handling charges of the Company (hereinafter referred to collectively as the “Tour Price Settled”), and the amount the Company has already received as the Tour Price, the Company will settle the Tour Price promptly after the Tour finishes, in accordance with the provisions of the following two paragraphs.

7.2 If the Tour Price settled exceeds the amount already received by the Company as the Tour Price, the traveller will be required to pay the difference to the Company.

7.3 If the Tour Price settled is less than the amount already received by the Company as the Tour Price, the Company will reimburse the difference to the traveller.

8. Contracts with Organizations and Groups

8.1. In the case that the Company has received the Application Form of the Arranged Tour Contract from two or more travellers who are to travel the same route at the same time, by appointing a responsible person to represent the travellers (hereinafter referred to as the “Contract Representative”), the Company will apply the provisions of Article 8.2. of this document.

8.2. Contract Representative

8.2.1. The Company will consider the Contract Representative as the person holding all the power of representation concerning the execution of the Arranged Tour Contract for the travellers who compose the organization or the group (hereinafter referred to as the “Constituent Members”), and the Company will conduct all transactions concerning the tour services related to the organization or the group with the Contract Representative.

8.2.2. The Contract Representative must submit a list of the Constituent Members, and inform the Company of the number of the Constituent Members by the date specified by the Company.

8.2.3. The Company will not be held responsible for any liability or obligation to the Constituent Members which the Contract Representative currently assumes or is expected to assume in the future.

8.2.4. In the case that the Contract Representative does not accompany his or her organization or group, one of the Constituent Members appointed by the Contract Representative beforehand shall be considered by the Company as the Contract
Representative after the start of the Tour.
9. Responsibility of the Company and Disclaimer

9.1. The Company will be responsible for the compensation of damages caused to the Traveller intentionally or negligently by the Company or by the agent (hereinafter referred to as the “Business Agent”) who has been assigned by the Company to make arrangements on behalf of the Company. Such compensation shall be limited to cases where a notice has been given to the Company within two years from the day immediately following the day of the damages occurred.

9.2. With regard to damages caused to baggage as described in the Article 9.1 of this document, notwithstanding the provision of the Article 9.1. of this document, the Company will compensate the Traveller up to 150,000 (one hundred and fifty thousand) Japanese Yen as a maximum amount per Traveller (except in the case where the damages were caused by the Company intentionally or by gross negligence), only in the case where the Company has been notified of the damages within 21 days from the day immediately following the day of the damages occurred.

9.3. In the case where the Traveller suffered damages due to causes beyond the control of the Company or the Business Agent such as acts of God, acts of war, civil commotion, suspension of Tour Services by transportation, accommodation facilities, and by other travel services, orders from government and other public agencies, and other such causes, the Company shall not be responsible for compensation

10. Responsibility of the Traveller

10.1. In the case where the Company has suffered damages due to the willful misconduct or negligence of the Traveller, the Traveller shall be required to compensate the Company for the damages.

11．Purpose of Utilization of Personal Information

11.1. The Company makes use of the Traveller’s personal information provided by the Application Form in order for the communication between the Traveller and the Company. The use of personal information is limited for the purpose of arranging and providing transportation, accommodation and other services. The Company may use the personal information of the Traveller to provide information on products and services, and inform the Traveller of the Company’s product and marketing promotion.
12. Handling Charges

12.1. The Company’s handling charges are specified in the fee schedule below.

Fee Schedule for the Arrange Tour

13. Other conditions

13.1. In the case that there is no mention in the Terms and Conditions, the conditions written in the “Arranged Tour Contract Part” of the Standard General Conditions of Travel Agency Business of the Company will apply.

Ohayo Travel Corporation
HP Bldg. 2F, Higashinaganuma 568-11, Inagi-shi, Tokyo, Japan
Tokyo Metropolitan Government Registration No. 3-7668
Travel Service Manager Kuniyasu NOMURA
A member of All Nippon Travel Agent Association
Phone: ＋81-42-315-3261 Fax +81-50-3588-0678
email: info@ohayotravel.com
Business Hours: Mon/Tue/Thu/Fri/Sat from 9:00 to 18:00 (Closed on Sun/Wed)
A facsimile or email message received out of the business hours is treated as one received on the next business day.