Terms and Conditions – Order-Taking Type Organized Tour Contract

(English Translation)
Ohayo Travel Corporation

Terms and Conditions – Order-Taking Type Organized Tour Contract
This document is a translation of “受注型企画旅行取引条件説明書面　(Juchugata Kikakuryoko Torihikijoken Setsumei Shomen)” . Japanese document is the original.

This tour is planned and implemented by Ohayo Travel Corporation (hereinafter referred to as “the Company”). The content of the services are stipulated in this document and the “Customized Plan Document”. A person who will join the tour (hereinafter referred to as “the Traveller”) shall conclude the Order-Taking Type Organized Tour Contract (hereinafter referred to as “the Contract”) with the Company.
This Terms and Conditions complies with Travel Agency Act Article 12-4 that requires the company to provide the contents of the services in a written format to the Traveller. This document shall be a part of the contract document which complies with Travel Agency Act Article 12-5 and the Article 9-1 Order-Taking Type Organized Tour Contract Part in the Company’s Standard General Conditions of Travel Agency Business (hereinafter referred to as “the Contract Document”).

1. Application and Execution of the Contract
1.1. 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.
1.2. In the case that the Traveller is under 18 years old, the Traveller shall submit a parental consent.
1.3. In the case that the Traveller has a special assistance needs because of sickness, disability, allergic to certain foods, pregnancy, possible pregnancy, assistance dog use, the Traveller shall notify to the company of the specific assistance required. In the case that the Traveller becomes in need of such special assistance after the conclusion of the Contract, the Traveller shall notify the company as soon as possible. The Company shall accommodate to such request as much as it is feasible. The Company shall request the Traveller to inform his or her health and a specific arrangement verbally or by a written form. In the case that the Company is unable to meet the Traveller’s request, the Company shall decline to conclude the Contract or shall cancel the Contract. Any expenses incurred as a result of specific arrangements made at the request of the Traveller shall be borne by the Traveller.
1.4. The Company reserves the right to decline to conclude the Contract due to any business reason.
1.5. The Contract shall be concluded when the Company accepted the Contract, and the Company received the Application Fee. The Application Fee shall be treated as part of the payment for the tour price, a cancellation fee, or a penalty charge.

2. Contracts with Organizations and Groups
2.1. In the case that the Company received the application form from a responsible representative who holds all the power of representation of an organization or a group (hereinafter referred to as the “Contract Representative”), the Company shall treat the Contract Representative possesses the power of representation to conclude, cancel and modify the Contract. To confirm that the Contract Representative is nominated by the members of an organization or a group (hereinafter referred to as the “Constituent Members”), the Company may request the Contract Representative to submit a documentation to verify his or her position in the organization or the group or a power of attorney from the Constituent Members.
2.2. The Contract Representative must submit a list of the Constituent Members on or before the date specified by the Company.
2.3. The Company shall not be held responsible for the liabilities or obligations which the Contract Representative assumes to the Constituent Members at present, or the liabilities or obligations which the Contract Representative is likely to assume in the future.
2.4. In the case that the Contract Representative does not accompany his/her organization or group during the Tour, one of the Constituent Members appointed by the Contract Representative beforehand shall be deemed as the Contract Representative after the start of the Tour.
2.5. 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. Determinate Document
3.1. The Company shall deliver a document with descriptions of determinate conditions which states the determinate itinerary and the names of transportation and accommodation　(hereinafter referred to as the “Determinate Document”) one day before the starting date of the Tour. In the case that the Company received the Application Form on or after the seventh days before the start date of the Tour, the Company deliver the Determinate Document before the starting day of the Tour. Even before the delivery of the Determinate Document, the Company shall respond promptly and properly to inquiries of the Traveller who wishes to confirm the status of arrangements.

4. Payment of Tour Price
4.1. The Tour Price is indicated on the Customized Plan Document. The Traveller is required to pay Tour Price to the Company before the due date specified by the Company prior to the starting date of the tour.

5. Alteration of Tour Price
5.1 In the case that there is a considerable increase or decrease in the transportation fare and charge due to significant changes in economic or other conditions to the extent exceeding the normally assumed range, the Company may increase or reduce the Tour Price within the range directly linked to the increase or decrease.
5.2. In the case that the Company increases the Tour Price as provided for in Article 5.1 of this document, the Company shall inform the Traveller of the Tour Price increase before the 15th day from the prior date of the starting date of the Tour.
5.3. In the case that the Company reduces the Tour Price as provided in Article 5.1 of this document, the Company reduce the tour price by the amount equal to the decreased transportation fare and charge.
5.4. In the case of the alteration of the Contract as per Article 6.1 of this document, the Company may change the Tour Price within the range of differences in the expenses caused by the alterations. It shall include the cancellation fees and penalty charges and other expenses already paid or payable in future for the services yet to be rendered.

6. Alteration of the Contract Content
6.1. When the Traveller requests the Company to change the Content of the Contract, the Company shall accommodate to such requests to the extent it is feasible. In this case, the Company may change the Tour Price.
6.2. In the case there arise events beyond the control of the company, such as act of God, acts of war, civil commotion, suspension of services by transportation, accommodation facilities and others, orders from government and other public agencies, changes of transportation due to the delay or the destination change by the transport services, and other causes, and when it is considered unavoidable in order to undertake a safe and smooth implementation of the Tour, the Company may change the Content of the Contract including the tour dates and the content of the tour after promptly explaining that the event is beyond the control of the Company. However, in case of an emergency, the Company may explain it to the Traveller after the changes of the Content of the Contract.

7. Change of Travellers
7.1 The Traveller may assign his or her status under the Contract to a third party, subject to the consent from the Company. In this case, the Traveller shall fill in the necessary information on the form designated by the Company and submit it to the Company together with the handling fees determined by the Company.

8. The Traveller’s Rights to Cancel the Contract- Cancellation before the Start of the Tour
8.1. The Traveller may, at any time, cancel the Contract by paying to the Company the cancellation fee specified in the Customized Plan Document.
8.2. The cancelation fee is applied in the case of the cancelation due to a loan agreement or other travel arrangement between the Traveller and a service provider other than the Company.
8.3. Notwithstanding the provision of Article 8.1 of this document, the Traveller may cancel the Contract without paying the cancellation fee before the start of the Tour in any of the following cases.
8.3.1. In the case where the Content of the Contract has been changed by the Company, but limited to the changes listed in the left column of Schedule I Monetary Indemnity for Alterations as per the Article 16 of this document;
8.3.2. In the case where the Tour Price is increased under the provision of Article 5.2 of this document;
8.3.3. In the case where there arise acts of God, acts of war, civil commotion, a suspension of Tour Services due to transportation and accommodation facilities, and other services, orders from government and other public agencies, and other similar events, whereby it becomes impossible or highly unlikely to carry out the safe and smooth implementation of the Tour;
8.3.4. In the case where the Company fails to deliver the Determinate Document to the Traveller on or before the date specified in the Article 3 of this document; or
8.3.5. In the case where the implementation of the Tour as scheduled according to the itinerary described in the Contract Document becomes impossible due to causes attributable to the Company.
8.4. The Traveller can inform the cancellation of the Contract to the Company during the business hours of the Company except the start date of the tour. In the case of the cancelation on the start date of the tour or a non-business day of the Company, or in the case that the meeting time is out of the business hours of the Company, the Traveller shall inform it to the Company through the phone number as per the Determinate Document.

9. The Company’s Rights to Cancel the Contract – Cancellation before the Start of the Tour
9.1. In any of the following events, the Company may cancel the Contract prior to the start of the Tour by explaining to the Traveller the reason for the cancellation:
9.1.1. In the case where the Traveller is considered unable to participate in the said Tour due to illness, the absence of a necessary aide or helper, or other causes;
9.1.2. In the case where the Traveller is likely to cause a trouble to other Travellers or interfere with the smooth implementation of the Tour as a group;
9.1.3. In the case where a request from the Traveller exceeds the reasonable requirement for the Company according to the Content of the Contract;
9.1.4. In the case where it is highly likely that conditions required for the implementation of the Tour as described in the Contract, such as the sufficient amount of snowfall necessary for a ski Tour, are not met;
9.1.5. In the case where there arise events beyond the control of the Company, such as acts of God, acts of war, civil commotion, suspension of Tour Services by transportation, accommodation facilities, and other travel services, orders from government and other public agencies, and other causes, whereby it becomes impossible or highly unlikely to carry out the safe and smooth implementation of the Tour as scheduled according to the itinerary described in the Contract Document;
9.1.6. In the case where the Traveller is recognized as a gang member, an associated gang member, a person or a company related to crime syndicates, a corporate racketeer or any other antisocial forces;
9.1.7. In the case where the Traveller made claims through forceful behaviour or unjust claims to the Company, acted in a threatening manner, made threatening statements, or conducted violent acts or similar behaviour in connection with any transaction between the parties;
9.1.8. In the case where the Traveller committed acts which may damage the Company’s reputation, or obstructs the Company’s business by spreading false rumours, the use of fraudulent means or forceful behaviour, or other acts or behaviour equivalent to these.
9.2. In the case where the Traveller does not pay the Tour Price by the due date specified in the Customized Plan Document, the Traveller shall be considered to have cancelled the Contract on the day immediately following the said due date. In this case, the Traveller must pay a penalty charge in the amount equal to the cancellation fee as specified in the Customized Plan Document.

10. The Traveller’s Rights to Cancel the Contract- Cancellation after the Start of the Tour
10.1. After the start of the Tour, in the case where the Traveller is unable to receive travel services as per the Contract due to causes beyond the control of the Traveller, or where the Company informs the Traveller of the situation, the Traveller may cancel the part of the Contract for which the Traveller is unable to receive travel services without paying cancellation fee.
10.2. As per Article 10.1 of this document, the Company shall refund to the Traveller the amount corresponding to the unreceived travel services after deducting the cancellation fee, penalty charge and any other amount related to the expenses already paid or payable for the cancellation which is due to causes beyond the control of the Company from the Tour Price.

11.Tne Company’s Rights to Cancel the Contract – Cancellation after the Start of the Tour
11.1. In any of the following cases, the Company may cancel a part of the Contract even after the start of the Tour by explaining to the Traveller the reason for the cancellation:
11.1.1. In the case where the Traveller is considered unable to continue the said Tour due to illness, the absence of a necessary aide or helper, or other causes;
11.1.2. In the case where the Traveller interferes with the safe and smooth implementation of the said Tour by not following the Company’s instructions as given by the Company’s tour escort or other staff, or by disrupting the group discipline of group activities by physically assaulting or threatening the said staff or other Travellers;
11.1.3. In the case where there arise causes beyond our control, such as acts of God, acts of war, civil commotion, suspension of Tour Services by transportation and accommodation facilities, and other travel services, orders from government and other public agencies, and other causes, whereby it becomes impossible to continue the Tour.
11.1.4. In the case where the Traveller is recognized as a gang member, an associated gang member, a person or a company related to crime syndicates, a corporate racketeer or any other antisocial forces;
11.1.5. In the case where the Traveller made claims through forceful behaviour or unjust claims to the Company, acted in a threatening manner, made threatening statements, or conducted violent acts or similar behaviour in connection with any transaction between the parties or other acts;
11.1.6. In the case where the Traveller committed acts which may damage the Company’s reputation, or obstructs the Company’s business by spreading false rumours, the use of fraudulent means or force, or other acts or behaviour equivalent to these.
11.2. In the case where the Company cancelled the Contract under the provision of Article 11.1. of this document, the contractual relationship between the Company and the Traveller shall cease to exist from the time of cancellation thereof. In such a case, it shall be deemed that the Company’s liability related to the Tour Service already provided to the Traveller has effectively been redeemed.
11.3. As per Article 11.2. of this document, the Company shall refund to the Traveller the amount corresponding to the Tour Service yet to be rendered after deducting the cancellation fee, penalty charge and any other amount related to the expenses already paid or payable。

12. Refund of Tour Price
12.1. In the cases where a refundable amount becomes due to the Traveller because of the Tour Price being reduced under the provisions set forth in Article 8.3 and 8.4. or due to the cancellation of the Contract under the provisions of the Articles 8, Article 9, Article 10 and Article 11 of this document, the Company shall refund the said amount to the Traveller, within 7 days from the day immediately following the date of cancellation in the case where the refund is due to cancellation prior to the start of the Tour, or within 30 days from the day immediately following the last day of the Tour as stated in the Contract Document in the case where the said refund is due to a reduction of the Tour Price or cancellation after the start of the Tour.

13. Administration of Itinerary
13.1. The Company shall make efforts to secure the safe and smooth implementation of the Tour for the Traveller, and carry out the following services for the Traveller:
13.1.1. In the case where it is considered that the Traveller has chances to face a difficulty to receive a part of the Tour Service during the Tour, the Company shall take necessary measures to ensure that the Traveller shall receive such service as specified in the Contract;
13.1.2. In the case where an alteration of the content of the Contract becomes unavoidable despite the measures taken as described in the Article 13.1.1. of this document, the Company shall decide for alternative services. In the case where the Tour itinerary is to be changed, the Company shall make efforts to make an alternative itinerary after the change fulfil the purpose of the original Tour itinerary. Besides, in the case where the Company is required to change the content of the Tour Service, the Company shall try to minimize alterations to the Content of the Contract, making the content of the altered Tour Service as close to the originally planned content as possible.

14. Responsibility of the Company
14.1. The Company shall 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 notice has been given to the Company within two years from the day immediately following the day of the damages occurred.
14.2. 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, except in the case of Article 14.1. of this document.
14.3. About damages caused to baggage as described in the Article 14.1, notwithstanding the provision of the Article 14.1. of this document, the Company shall 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 14 days in the case of the Domestic Trip, and within 21 days in the case of the Foreign Trip, from the day immediately following the day of the damages occurred.

15. Special Indemnity
15.1. The Company shall pay an indemnity of the amount set beforehand for certain damages caused to the life, body or baggage of the Traveller due to a sudden and extraneous accident while the Traveller is participating in the Tour in accordance with the provision of the separate Rules of Special Compensation attached hereto, regardless of whether or not the Company is responsible for causing the said damages under the Article 14.1. of this document. However, the Company shall not pay any Indemnity in the case that the Traveller is regarded as not participating in the Tour when the accident occurred on the day specifically mentioned in the Itinerary as the travel services are not provided by the Company and the indemnity is not paid for the day. The Company shall pay an indemnity in accordance with the following classification:
Indemnity in the case of death: 15 (fifteen) million Japanese Yen;
Solatium in case of hospitalization: between 20,000 (twenty thousand) and 200,000 (two hundred thousand) Japanese Yen depending upon days in a hospital;
Solatium in case of hospital visits: between 10,000 (ten thousand) and 50,000 (fifty thousand) Japanese Yen depending upon the number of days spent for hospital visits.
The maximum amount of Indemnity for damages to the Traveller’s baggage and other belongings payable by the Company shall be 150,000 (one hundred and fifty thousand) Japanese Yen per traveller. However, the maximum amount of Indemnity per baggage or other belongings shall be 100,000 (one hundred thousand) Japanese Yen.
15.2. In the case that the Company is responsible under the Article 14.1 of this document, the indemnity shall be treated as a part or all of the indemnity owed by the Company.
15.3. The Company shall not pay any indemnity or solatium in the case that while participating in the Tour the Traveller is damaged because of wilful misconduct of the Traveller, because the Traveller was driving under the influence of alcohol, intentionally breaking the law, or receiving illegal services, or because he or she was engaging in mountain climbing (which requires mountain climbing equipment such as ice axes, crampons, ropes, hammers, and other tools), luging, bobsledding, skydiving, hang gliding, operating an ultra-light motorized plane (such as motorized hang gliders, micro-light planes, and ultra-light planes), flying a gyro plane, and other dangerous activities similar to these.
15.4. The tour planned and implemented by the Company for the Traveller participating in the Tour by collecting the tour amount separately (an optional tour) is considered as the part of the Contract.

16. Guarantee of Itinerary
16.1. In the case where a major alteration is made to the Content of the Contract described in the left column of Schedule I Monetary Indemnity for Alterations, the Company shall pay an indemnity for such alterations which is equal to or in excess of the amount reached by multiplying the Tour Price by the percentage as specified in the right column of the said Schedule I within 30 days from the immediately following the last day of the Tour. 　However, the alterations described in (１) and (2) below:
(1) Alterations due to the following causes: Acts of God, (ii) Acts of war, (iii) Civil commotion, (iv) Orders from government and other public agencies, (v) Suspension of travel services by transportation, accommodation facilities, or others, (vi) Offering a transportation service not included in the original travel plan, or (vii) Measures required to ensure the safety of the life and body of the tour participants.
(2) Alterations relating to the alteration portion of the Contract as per the provisions of Article 6.1 of the Contract, and the cancelation portion of the Contract as per the provisions of Article 8, Article 9, Article 10 and Article 11 of this document.
16.2. The maximum amount of indemnity payable by the Company for such alterations per Traveller for one Contract shall be the Tour Price multiplied by 15% (percent). In the case where the amount of indemnity per Traveller for one contract falls below 1,000 (one thousand) Japanese Yen, the Company shall not pay the indemnity for the alteration.
16.3. Cases of alterations for which the Company is liable are listed in Schedule I Monetary Indemnity for Alterations.

17. Responsibility of the Traveller
17.1. In the case where the Company has suffered damages due to the wilful misconduct or negligence of the Traveller, the said Traveller shall be required to compensate the Company for the damages.
17.2. The Traveller is required to make reasonable efforts to understand the content of the Contract including the rights and obligations of the Traveller based on information provided by the Company.
17.3. In the case that the Traveller realized that the Tour Service being offered differs from that of the Contract Document after the start of the Tour, the Traveller shall promptly report to the Company, the business agent, or the provider of the said Tour Service during the tour. The name, address, and telephone number of the contact person is informed by the Determinate Document.

18. Purpose of utilization of personal information and Restriction of Provision to a Third Party
18.1. 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 Company shall share the Traveller’s name, identification number by electric and other form with transportation/accommodation service provider, insurance companies, souvenir shops and others. The use of personal information is limited for the purpose of arranging and providing transportation, accommodation and other services (the major providers’ names are described on the Itinerary in the Customized Plan Document and the Determinate Document issued as per the Article 3 of this document) for the purpose of arranging an insurance policy to cover the Company’s responsibilities and to cover the expenses at the time of accidents or other events, and for the purpose of assisting the Traveller’s shopping at souvenir shops.
18.2. Besides, the Company may use the personal information of the Traveller to provide information on products and services offered by companies affiliated with the Company including travel insurance, and to send information of the Company’s product and campaign information to the Traveller.
18.3. The Company shall request the personal information of the emergency contact person in case of injury or illness of the Traveller while participating in the Tour. The Company may use the personal information of the emergency contact person only when the Company considers it necessary to communicate with the emergency contact person. The Traveller is required to obtain the consent from the emergency contact person about sharing his or her personal information with the Company.

19. Other conditions not stipulated in this document
19.1. As for issues not stipulated in this Terms and Conditions or the Customized Plan Document, the conditions written in the “Order-Taking Type Organized Tour Contract Part” of the Standard General Conditions of Travel Agency Business of the Company shall apply. In case that there is any discrepancy between the Order-Taking Type Organized Tour Contract Part and the Contract, the provisions on the Order-Taking Type Organized Tour Contract Part shall supersede. The Standard General Conditions of Travel Agency Business shall be provided upon request of the Traveller.
19.2. The Order-Taking Type Organized Tour Contract Part is available on the Company’s website: https://ohatra.com
19.3. In the case of travel services offered to the Traveller by service providers of transportation, accommodation, and other services, the provisions of the service providers’ contracts shall apply.
End of the Document

Schedule I – Monetary Indemnity for Alterations

Notes for: Schedule I – Monetary Indemnity for Alterations:

Note 1. “Prior to the Start of the Tour” shall refer to cases where the Traveller has been notified of the relevant alteration, no later than the day prior to the starting day of the Tour, and “After the Start of the Tour” shall refer to cases where the Traveller has been notified of the relevant alteration on or after the starting day of the Tour.
Note 2. When the Determinate Document has been delivered, this Schedule shall be applied after the “Contract Document” is read as the “Determinate Document” instead. In such a case, if any alterations take place between the described contents of the Contract Document and the described contents of the Determinate Document, or between the described content of the Determinate Document and the contents of the service actually rendered, respective alterations shall be treated as a single case.
Note 3. In cases where transport facilities related to the alterations described in (3) or (4) above involve the use of accommodation facilities, each overnight stay shall be treated as a single case.
Note 4. Alterations in the names of the companies operating transport facilities under (4) above will not be applicable in cases where such alterations involve changes to a higher class or more sophisticated facilities.
Note 5. Even if the alterations described in (4), (7), or (8) above take place in multiple cases during one trip on a transport vehicle, or one overnight stay, each trip or overnight stay shall be treated as a single case respectively.

<Tour Planning & Implementation>
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.
(Updated on 25 November, 2023)

Terms and Conditions – Order-Taking Type Organized Tour Contract　(PDF)