Agent-organized Tour Terms and Conditions

The Rakuten Travel Agent organized tour terms and conditions (“Tour Terms and Conditions”) are the “Contract Document” set forth in Article 12, Paragraph 4 of the Travel Agency Act, and becomes part of Article 12, Paragraph 5 of the Act when a contract is established for an agent organized tour for overseas travel. The terms defined in the Standard Terms and Conditions of Travel Contracts (Hereinafter referred to as “Company Terms and Conditions”) of Rakuten, Inc. (Hereinafter referred to as “the Company”) shall be used with the same meaning in these Tour Terms and Conditions.

Article 1 (Agent-Organized Tour Contracts)

1.   The travel subject to the Tour Terms and Conditions shall be the transportation of overseas Travelers, planned and arranged by the Company, and provided and operated by Japanese and overseas transportation and accommodation services . Depending on the travel, some may not include Traveler transportation.

2.   “Tour Contract” in the Tour Terms and Conditions shall mean the agreement the Company undertakes to make arrangements and manage the itinerary so that the Traveler may receive transportation, accommodation, and other services relating to the travel (Hereinafter referred to as “Travel Services”) provided by transportation, accommodation facilities, etc., in accordance with the itinerary established by the Company.

3.   The contents and conditions of the Tour Contract shall be in accordance with the Tour Terms and Conditions and Company Terms and Conditions. In the event the provisions of the Tour Terms and Conditions and Company Terms and Conditions differ, the Tour Terms and Conditions shall prevail.

Article 2 (Application for Contract and Establishment of Tour Contract)

1.   A Customer who intends to enter into a tour contract with the Company must fill out and submit a contract online (Hereinafter referred to as “Online Input”) in a method prescribed by the Company on Rakuten Travel (Hereinafter referred to as “Website”), an online travel reservation website operated by the Company, and does not have to pay an application fee at that time.

2.   A tour contract is established when the Customer agrees to the content of the Tour Contract and Tour Terms and Conditions, etc. of the reservation displayed on the page (Hereinafter referred to as “My Page”) as stated in the Tour Terms and Conditions and Website, and applies for a contact that is approved by the Company. The Company shall inform the Customer that a reservation has been established immediately upon approval of the contract.

3.   When the Company receives an application for a tour from a representative of Travelers forming a party/group (Hereinafter referred to individually as “Member” or collectively as “Members”) as the person responsible for contract, one tour contract is deemed to be established between the representative of the Members who is traveling with the Members and the Company, and not each individual Member, who shall not be the contracting party with the company, notwithstanding the provisions of Article 22, Paragraph 1 of the Company Terms and Conditions. In addition, if the itinerary is comprised only of accommodation facilities (including airport transfer) and does not include passenger transportation by aircraft etc., the Company will make arrangements on a capacity per guest room basis. Therefore, even if the number of participants decreases after the reservation is established due to the Customer’s circumstances, there is no change in the accommodation fee included in the travel fee. However, if the number of participants increases, the reservation will be deemed to have been canceled by the Customer and an application for a new reservation made. The number of guests must not exceed the capacity of the guest room set by the Accommodation facility.

4.   When the Customer enters his/her name in Roman characters in Paragraph 1, the name shall be entered as stated in their passport. (If the Customer’s name is incorrectly entered, the transportation/accommodation facility, etc. must be contacted. The Tour Contract may be canceled if a name correction is not received by the transportation/accommodation facility. In such case, the Company will charge a prescribed cancellation fee. Please be careful when using Online Input.)

Article 3 (Application Conditions)

1.   A Customer who is a minor at the time of the start of a travel and who is not accompanied by a guardian cannot apply for agent organized tours of the Company.

2.   The Company shall display the following items on the Reservation Content Display Page which shall be deemed to comprise part of the Tour Terms and Conditions. (1)    The content of accommodation facilities and accommodation services, and the content of transportation facilities and transportation services when there are some transportation services; (2)    Itinerary; (3)    Travel fee and other expenses normally required for travel; (4)    Cancellation fee, change fee, and other conditions for changing or canceling a tour contract; (5)    The number of people, when there is a minimum number of participants; (6)    Applicable qualifications, when there are qualifications to participation; (7)    Applicable precautions, when there are special precautions concerning securing safety in the place of travel or surroundings; (8)    Other travel conditions.

3.   The Customer shall make a tour application after confirming and agreeing to the items displayed in Paragraph 2, the Tour Terms and Conditions, Company Terms and Conditions, and the separately provided Rakuten Travel Terms and Conditions.

4.   After establishing a tour contract, the Company will display each item of Paragraph 2 on a page (Hereinafter referred to as “My Page”) for the Customer to confirm the content of the reservation.

5.   Except in those cases where a special agreement has been executed, the tour process subject to the Tour Terms and Conditions shall be as described in each of the following items, and the Customer agrees to these items in making an application. (1)    Except in cases where a special agreement for airport transfers, etc. has been executed, for tours that do not include passenger transportation by aircraft etc., check-in to the accommodation facility starts the tour and check-out from the accommodation facility will end the tour. (2)    Except in cases where a special agreement has been executed, the itinerary between checking in to the accommodation facility and checking out shall be at the Customer’s discretion. (3)    Except in cases where an itinerary includes airport transfer, the cost of transportation for the itinerary between the airport and the accommodation facility shall be at the Customer’s expense. (4)    Except in cases where a special agreement has been executed, Customers shall check-in to the accommodation facility by 12 midnight on the day of the reservation.

6.   In addition to the items provided in this Article, the Customer must satisfy the following conditions upon making an application. (1)    If a minor participates, he/she may participate only if it is the same reservation itinerary as a guardian.. (2)    The minimum number of persons shall be one unless explicitly stated (but where an accommodation facility indicates that one person cannot participate, the minimum number shall be two). (3)    The Company may not approve the participation of a Customer who does not meet the conditions specified by the Company, such as age, qualification, skill, or other condition regarding travel for specific types of Customers or travel with a specific purpose. (4)    Some transportation and accommodation facilities may have conditions for making an application. These conditions are described on the Product Details Information Page. The Company may change or cancel a booking for Customers who make an application who do not meet these conditions as the Company is unable to provide Travel Services. (5)    Those who require special consideration at the time of making an application for a booking, such as those with a chronic illness, those who are currently not healthy, those who are pregnant, those who use assistance dogs, and those who have a physical disability, shall inform the Company of their requirement and the Company shall make efforts to respond within a feasible and reasonable scope. In such a case, the Customer may be asked to voluntarily submit a medical certificate. Furthermore, based on the request from the Customer, special measures taken by the Company for the Customer shall be at the Customer’s expense. Also, depending on local circumstances and the situation of related facilities etc., in order to ensure a safe and smooth travel, the Company may make conditions, such as an accompanying caregiver/accompanying person, change the content of part of the course, introduce other tours that are less burdensome, or may not accept participation. (6)    In the case of each of the preceding items, when the Company must contact a Customer, as a rule, the Customer shall be contacted within one week from the date application for items (1) and (3), and from the date of request for the preceding item. (7)    If the Company determines that a diagnosis from a doctor or treatment is necessary due to illness, injury, or other reason of the Customer during the travel, the Company shall take necessary measures to ensure a smooth travel. All costs related to this shall be at the Customer’s expense, and the Customer shall pay such expenses by the deadline specified by the Company. (8)    As a rule, the Company does not allow activities that are separate from the itinerary. However, this is not limited to separate provisions by the Company. (9)    During a travel, when a Customer departs from the course of a trip at their own discretion, the Customer shall inform the staff of that fact, whether he/she will return, and the time and place of their return. (10)   The Company may not approve participation if it determines that it may cause inconvenience to other Customers or hinder the smooth operation of group activities. (11)   Customers shall not share rooms with other Customers unless otherwise expressly stated. (12)   The Company may not approve a Customer application if the travel fee, etc. cannot be settled according to the credit card membership agreement of the partnered credit card company for reasons such as an invalid Customer credit card. (13)   The Company may not approve participation if the Customer is found to be an organized crime group, a member of an organized crime group, an affiliate, or connected to any other organized crime group. (14)   Furthermore, the Company may not approve an application due to other circumstances of the Company’s business.

Article 4 (Issuance of Terms and Conditions and Final Document)

1.   The Company includes the items stated in the Tour Terms and Conditions (including each item of the preceding Article stated in the Reservation Content Display Page and My Page, (collectively, hereinafter referred to as “Contract Document”), and in lieu of issuing a confirmation document, posts it on the Company website, which the Customer shall always confirm and save at the time of making an application. The Customer agrees that the Company will notify them of the content of the contract by this method.

2.   As a supplement to the content of the contract set forth in the preceding Paragraph, the Company shall notify the Customer with a final Contract Document (Hereinafter referred to as “Final Document”) relating to the final travel itinerary, the transportation facility to be used if a transportation facility is to be used, and the accommodation facility, etc. by e-mail no later than the day preceding the date of commencement of the travel, which the Customer shall confirm said content of the e-mail and the Confirmation Document.

Article 5 (Travel Fee)

1.   The travel fee shall be described on the Reservation Content Display Page pursuant to Article 3, Paragraph 2, item 3, and said listed fee shall be the basis calculating the cancellation fee of Article 9, penalty of Article 10, and change compensation fee of Article 16.

2.   The Tour Contract pursuant to the Tour Terms and Conditions shall be a Communications Contract, and the Customer shall, in accordance with the following provisions, pay the travel fee with the credit card in the name of the Customer issued by the credit card company (including cases where the Customer is affiliated through a credit card settlement agent contracted with the Company) partnered with the Company (or those acting on behalf of the Company pursuant to Article 4 of the Company Terms and Conditions; the same shall apply hereinafter in this Article) by the time specified by the Company. (1)    At the time of application, the Customer shall notify the Company of the name of the card, membership number, card expiration date, etc. by the prescribed method of the Company. (2)    The date on which the Customer and the Company shall perform the payment of the travel fee, etc. or payment return obligation (Card Use Day) based on the Communications Contract shall be as follows:
i. The contract establishment date regarding the travel fee to be paid by the Customer;
ii. The date the Company notified the member of the amount to pay regarding additional costs that the Customer should pay;
iii. The Company shall refund money that it should pay in accordance with Article 11. (3)    The Company can refuse to conclude a travel agreement if settlement cannot be done with the Customer’s credit card.

3.   The following items are included in the travel fee. Furthermore, as a rule, the cost of the following items cannot be refunded to the Customer, even if some of the items are not used due to the Customer’s circumstances. (1)    The fare and fee, if there are transportation services (aircraft, ships, trains, etc.) clearly stated on the itinerary. (Fares and fees do not include additional fares and fees imposed by transportation facilities (limited to those that are uniformly imposed on all Travelers for a certain period and under certain conditions due to abnormal fluctuations in the price level); (2)    Fees, taxes, and service fees specified in the travel itinerary; (3)    Others provided on the Reservation Content Display Page.

4.   Those which do not fall under the items of the preceding Paragraph shall not be included in the travel fee. Some examples are provided below. (1)    Breakfast charges, taxes, and service charges (except in those cases where a special agreement has been concluded in which an accommodation facility includes a breakfast service) (2)    When a transportation service is included, excess baggage fees (in excess of a specific weight, capacity, or quantity) (3)    Cleaning fees, telegraph and telephone charges, gratuities to hotel porters, maids, etc., and other personal expenses, taxes, and service charges accompanying additional meals and beverages, etc. (4)    Expenses related to travel procedures (passport stamp fees, visa fees, vaccination fees, travel procedure agent fees) *The Company does not provide agent services related to immigration procedures. (5)    Additional fares and charges imposed by transportation and accommodation facilities (such as fuel surcharges and resort fees) (6)    Airport facility usage fees in Japan (7)    Transportation expenses from home to the gathering/dismissal place in Japan, accommodation expenses, such as the day before the commencement date of the trip and the day of the end date of the trip *In the case where a travel is only for accommodation, check-in to the accommodation facility shall be the start of the trip and said accommodation facility shall be the gathering/dismissal place. (8)    Airport taxes, etc. during the travel itinerary (including tolls in Japan)

Article 6 (Change in Tour Contract Contents)

Even after the conclusion of a tour contract, if a natural disaster, a war, a riot, the suspension of the provision of Travel Services by transportation/accommodation facilities, etc., an order of a government or other public offices, or any other event in which the Company or other company is unable to intervene has occurred, and if it is unavoidable in order to secure the safe and smooth implementation of the travel, the Company may change the itinerary, the contents of Travel Services, having explained promptly in advance to the Traveler the reason that the event concerned is one which cannot be intervened in and the causal relation with the event concerned; provided, however, that in case of emergency and if it is unavoidable, such explanation will be given after the change has been made.

Article 7 (Change in the Amount of Travel Fee)

1.   When the fare and fee of transportation facilities and accommodation facilities, etc. to be used substantially increases or decreases in excess of the normally assumed extent due to a considerable change the economic situation, etc., the travel fee shall increase or decrease within the range of the amount of the increase or amount of the decrease.

2.   According to the provisions of the preceding paragraph, when increasing the travel fee, the Company shall inform the Traveler to that effect prior to the 15th day prior to the day preceding the date of commencement of the travel.

3.   When reducing the travel fee according to the provisions of Paragraph 1, the Company shall reduce the travel fee only by the reduced fare and fee amount of the transportation facility or accommodation facility to be used.

4.   Pursuant to the preceding Article (Change in Tour Contract Contents), when an increase or decrease in the expenses required (such cost includes the cancellation fee, the penalty, or any other cost which has already been paid or which must be paid in the future in respect of the Travel Services which have not been received due to the change in the Contract Contents) (excluding a case where the increase in the cost has resulted from the occurrence of a shortage of seats, rooms or any other facilities of the transportation and accommodation facilities, etc., despite the fact that the Travel Services are provided by the transportation and accommodation facilities, etc.), the Company may change the amount of the travel fee within the amount of such reduction or increase at the time of the said change in the Contract Contents.

5.   When the number of people changes regardless of a reason attributable to the Company after the establishment of the Tour Contract for an agent organized tour with different travel fees due to the number of people using transportation and accommodation facilities, etc., the amount of the travel fee shall be able to be changed.

Article 8 (Change of Customer)

1.   The Customer shall be able to transfer his/her contractual position to a third party (Change of Customer) in advance with the consent of the Company, and in this case, the Customer shall inform the Company of this fact in a method prescribed by the Company. (Please be aware that the transfer of the contractual position will take effect when the Company accepts it, and the person who has taken over the position on the Tour Contract thereafter will inherit all rights and obligations relating to the Tour Contract.)

2.   The Company shall charge the Customer 5,400 yen (consumption tax included) as a service charge for the transfer of the contract position. (If Traveler transportation by aircraft is included in the travel and an air ticket has already been issued, please pay extra attention as you may be charged separately for the cost of re-issuing the ticket.)

Article 9 (Right of Cancellation of Customer)

1.   The Customer is able to cancel a tour contract at any time before the start of the travel by notifying the Company that the contract will be canceled by the method prescribed by the Company. In this case, the Company shall charge a cancellation fee by credit card without the signature of the Customer to the prescribed voucher according to the content provided in the Communications Contract.

2.   Notwithstanding the provisions of the preceding Paragraph, if any of the following items apply to a Customer before the start of travel, the Customer may cancel the Tour Contract without paying a cancellation fee to the Company. (1)    If the Company changes the content of a contract. However, such changes are limited to the items listed in the left column of the Schedule in Article 16 (Guarantee of Itinerary) and other important items. (2)    If the travel fee is increased based on the provisions of Article 7 (Change in the Amount of Travel Fee) (3)    If a natural disaster, a war, a riot, the suspension of the provision of Travel Services of transportation and accommodation facilities, etc., or an order of a government or other public offices occurs, and the safe and smooth operation of the travel has become impossible, or there is a very large possibility of such impossibility arising; (4)    If the Company does not notify the Customer of the Final Document by the deadline specified in Article 4, Paragraph 2 (Issuance of Terms and Conditions and Final Document) (5)    If it has become impossible to operate the travel in accordance with the itinerary mentioned in the Contract Document due to causes attributable to the Company.

3.   If the Ministry of Foreign Affairs issues a travel alert of “Avoid Non-essential travel” or higher for an area included in the itinerary, the Company shall, as a rule, cancel operation of the travel. However, if sufficient safety measures can be taken, the travel will be implemented under the Tour Terms and Conditions, but should the Customer wish to cancel the Tour Contract, payment of the cancellation fee determined by the Company shall be required.

4.   Changes to the departure date or changes to some of the transportation and accommodation facilities, etc. during the travel due to the Customer’s circumstances shall be charged a cancellation fee by the Company as provided in Paragraph 1.

5.   In the event that the travel is canceled or becomes impossible for reasons of travel procedures not attributable to the Company, the Company shall charge the cancellation fee provided in Paragraph 1.

6.   If the Customer is unable to receive the Travel Services stated in the Final Document regardless of the reason(s) attributable to the Customer after the start of the travel, or if the Company is informed to that effect, notwithstanding the provisions of Paragraph 1, it shall be possible to cancel the part of the Travel Services that can no longer be received without paying the cancellation fee. In such case, the Company shall refund the amount of the travel fee to the Customer for the part of the Travel Services that can no longer be received. However, regardless if the said reason(s) is/are attributable to the Company, the Company shall refund to the Customer the cancellation fee, the penalty, other expenses already paid for, or the amount deducted for expenses to be paid for said Travel Services from the said amount.

7.   If the Customer stops the travel due to the circumstances of the Customer after the start of the travel, the Customer shall be deemed to have quit and no refund shall be issued.

Article 10 (Cancellation of Tour Contract by the Company)

1.   If the Customer does not pay the travel fee by the deadline provided in Article 5, Paragraph 2 (Travel Fee) before the commencement of the travel, the Company shall cancel the Tour Contract. In such case, the Customer shall pay a penalty equal to the cancellation fee provided in Paragraph 1 of the preceding Article.

2.   The Company may cancel a tour contract before the commencement of the travel explaining the reason to the Customer, in any of the following cases. In such case, the Company shall refund the full amount of the travel fee already received. (1)    If it has become clear that the Customer does not satisfy the conditions for a participating Customer in respect of sex, age, qualifications, skills, etc., which the Company has specified in advance; (2)    If the Customer is not fit for the continuance of the travel for reasons of illness, absence of a required assistant, or other reasons; (3)    If it is considered that the Customer may give trouble to other Customers or disturb the smooth conduct of the group travel; (4)    If the Customer has demanded a burden exceeding the reasonable extent in connection with the contract contents; (5)    If the number of Travelers has not reached the minimum number of participants; (6)    If there is a great possibility that the conditions for the operation of the travel, such as the required amount of snowfall in case the travel is for the purpose of skiing, which have been specified at the time of concluding the contract, will not be fulfilled; (7)    If a natural disaster, a war, a riot, the suspension of the provision of Travel Services of transportation and accommodation facilities, etc., an order of a government or other public offices, or any other event in which the Company is unable to intervene has occurred, and the safe and smooth operation of the travel in accordance with the itinerary described on the My Page has become impossible, or there is a very large possibility of such impossibility arising; (8)    If the Customer has become unable to settle his/her debts relating to the travel fee, etc., in whole or in part, for such reasons as the Customer’s credit card being invalid, etc.; (9)    If the Ministry of Foreign Affairs issues a travel alert of “Avoid Non-essential travel” or higher for an area included in the itinerary (However, if sufficient safety measures can be taken, the travel will be implemented under the Tour Terms and Conditions, but should the Customer wish to cancel the Tour Contract, payment of the cancellation fee determined by the Company shall be required.); (10)   If the transportation service is canceled due to the fact that the airline cannot obtain permission of the government of the country concerned, when using a charter flight.

3.   In any of the following cases, the Company may cancel part of a tour contract, explaining the reason to the Customer, even after the commencement of the travel: (1)    If it is considered that the Customer is not fit to continue the travel concerned for reasons of illness, absence of a required assistant, or other reason(s); (2)    If the Customer corrupts the discipline of group activities and disturbs the safe and smooth operation of the travel subject to the Tour Terms and Conditions through violation of the instructions of the Company conveyed by the tour conductor or any other person for the safe and smooth operation of the travel, or through violence or threat, etc., against these persons or other accompanying Customers; (3)    If a natural disaster, a war, a riot, suspension of the provisions of Travel Services of transportation and accommodation facilities, etc., an order of a government or other public offices, or any other event in which the Company is unable to intervene has occurred, and it has become impossible to continue the travel; (4)    If the Ministry of Foreign Affairs issues a travel alert of “Avoid Non-essential travel” or higher for an area included in the itinerary, and it has become impossible to continue the travel.

4.   If the Company has canceled a tour contract in accordance with the provisions of the preceding paragraph, it there are cancellation fees, penalties, other costs already paid for, or other expenses that must be paid for that could not be received because of the cancellation of the contract, said fees and expenses shall be paid at the expense of the Customer. In this case, the Company shall refund the Customer, out of the travel fee, the amount for that part of the Travel Services which have not yet been received by the Customer less the amount of the cancellation fee, the penalty, and any other cost which have already been paid or must be paid the Arrangements Agent in future in respect of the Travel Services concerned.

5.   If the Company cancels a tour contract in accordance with the provisions of Paragraph 3, the contractual relationship between the Company and the Customer shall cease to exist only after the time of cancellation. (The obligations of the Company regarding the Travel Services which have already been received by the Customer shall be deemed as having been validly performed.)

Article 11 (Refund of Travel Fee)

If the travel fee has been reduced pursuant to the provisions of Article 7 (Change in the Amount of Travel Fee), or if the Customer or the Company canceled a tour contract (including Communications Contracts) in accordance with Article 9 (Right of Cancellation of Customer) or the preceding Article (Cancellation of Tour Contract by the Company), and if there is an amount to be refunded to the Customer, the Company will refund said amount to the Customer in accordance with the card membership rules of the credit card company. In this case, the Company shall inform the Customer of the amount to be refunded within 7 days of the day following the date of the cancellation in case of a refund due to cancellation before the commencement of the travel, or within 30 days of the day following the date of completion of the travel mentioned in the My Page in case of a refund due to reduction of the amount or cancellation after the commencement of the travel, and the day on which the Company thus informed the Customer shall be deemed to be the Card Use Day.

Article 12 (Itinerary Management)

The Company will make efforts to secure for a Customer the safe and smooth operation of the travel, and conduct the following businesses for a Customer. However, this does not apply to cases where the Company has executed a different special agreement with the Customer.

(1)  If it is considered that there is a possibility that the Customer will not be able to receive Travel Services during the travel, to take reasonably necessary measures for proper receiving of Travel Services in accordance with the Agent-Organized Tour Contract;

(2)  If the contract contents have to be changed despite the fact that the measures referred to in (1) have been taken, to make arrangements for alternative services. In this case, efforts must be made to minimize the change in the Contract Contents by, inter alia, endeavoring to make the itinerary after the change conform to the purposes of the original itinerary in case the contents of the itinerary are to be changed and endeavoring to make the Travel Services after the change similar to the original Travel Services in case the contents of the Travel Services are to be changed.

Article 13 (Tour Conductor)

Travel subject to the Tour Terms and Conditions is not accompanied by a conductor. The contact information of the local arrangement operator, etc. that carries out the business of itinerary management will be notified on the Final Document Screen.

Article 14 (Responsibility of the Company)

1.   In performing an Agent-Organized Tour Contract, if the Company, or the person whom the Company has had make arrangements as an agent, has caused damage to a Customer intentionally or by negligence, the Company or said person shall bear the responsibility for compensating for the damage. However, said compensation is limited to informing the Company within 2 years of the day following the date of occurrence of the damage.

2.   As a rule, the Company cannot assume the responsibility of the preceding paragraph if the Customer has suffered injury or damage for the following reasons: (1)    Natural disasters, wars, riots; (2)    Accidents or fires of transportation/accommodation facilities; (3)    Suspension of the provisions of Travel Services of transportation and accommodation facilities, etc.; (4)    Orders of a government or other public offices, foreign immigration regulations, isolation by infectious diseases; (5)    Accidents during one’s free time; (6)    Food poisoning; (7)    Theft; (8)    Transportation delays/interruptions/schedule changes /route changes, etc.; (9)    Change in travel schedule, stoppage in travel, or shortening of stay at the destination caused by any of the above items; (10)   Other reasons that do not involve the Company or Arrangement Agent.

3.   Notwithstanding the provisions of Paragraph 1, the Company shall compensate for the damage if the Company has been informed within 21 days of the day following the date of occurrence of the damage. However, regardless of the amount of damages, the maximum amount of compensation shall be 150,000 yen (except in a case where the damage has been caused by the Company intentionally or by gross negligence).

Article 15 (Special Compensation)

1.   Regardless of whether the Company is responsible in accordance with the provisions of Paragraph 1 of the preceding Article (Responsibility of the Company) or not, it shall pay compensation under the following items concerning specific damage due to a sudden and coincidental accident which a Customer has incurred to his/her life, person, or baggage while participating in a travel subject to the Tour Terms and Conditions, in accordance with the provisions of the special compensation rules (“Special Compensation Rules”) of the Company in a separate document. If the Company bears responsibility in accordance with the provisions of Paragraph 1 of the Preceding Article, the following compensation shall be allocated to part or all of the damages the Company should pay. (1)    25 million yen in compensation for death (2)    40,000 yen-400,000 yen for hospitalization, depending on the number of days of hospitalization (3)    20,000 yen-100,000 yen for outpatient treatment, depending on the number of days of treatment (4)    Up to a maximum 150,000 yen per trip for each Customer as compensation for damage to baggage (however, a maximum of 100,000 yen for one piece of baggage or per pair)

2.   The Company shall not pay the compensation of Paragraph 1 if the damages suffered in an accident by the Customer while participating in a travel fall under the grounds for exception provided in the Special Compensation Rules that are a result of the Customer’s intent, drunk driving, intentional violation of laws and ordinances or receipt of Travel Services in violation of laws and regulations, mountain climbing (mountain climbing that uses tools such as ice axes, crampons, ropes, and hammers), luge, bobsledding, skydiving, riding a hang glider, ultralight machine (powered hang gliders, micro light planes, etc.), or other accident from a similar dangerous exercise.

Article 16 (Guarantee of Itinerary)

1.   If an important change in Contract Contents mentioned in the left section of the Schedule below (excluding a change mentioned in any of the following Items: a change due to the occurrence of a shortage of seats, rooms, or any other facilities of the transportation and accommodation facilities, etc., despite the fact that the Travel Services are provided by the transportation and accommodation facilities, etc.) has occurred, the Company shall pay a change compensation, the amount arrived at by multiplying the travel fee by the relevant ratio mentioned in the right section of the same Schedule within 30 days of the day following the date of completion of the travel. (1)    Change due to any of the following reasons:
i Natural disaster;
ii War;
iii Riot;
iv Orders of a government or other public offices;
v Suspension of the provisions of Travel Services of transportation and accommodation facilities, etc.;
vi Provision of transportation services not according to the original service plan;
vii Measures necessary for securing the safety of a travel participant’s life or person. (2)    If a tour contract has been canceled in accordance with the provisions of Article 9 (Right of Cancellation of Customer) or Article 10 (Cancellation of Tour Contract by the Company), the change made for the canceled part concerned.

2.   Notwithstanding the provisions of the preceding Paragraph, the amount of a change compensation which the Company should pay per Agent-Organized Tour Contract shall not exceed the amount arrived at by multiplying the travel fee by the ratio of 15% or higher specified by the Company. Furthermore, if the amount of the change compensation which should be paid per Agent-Organized Tour Contract is less than 1,000 yen, the Company shall not pay the change compensation.

3.   With the consent of the Customer, the Company shall be able to compensate with the provision of appropriate goods and services in lieu of payment of compensation to compensate for change compensation or for damages.

Article 17 (Responsibility of Customer)

1.   If the Company has incurred any damage caused by a Customer intentionally or by negligence,　violation of laws and ordinances, or engage in any act that is against public order and morals, the Customer shall compensate the Company for such damage.

2.   In concluding a Tour Contract, a Customer must endeavor to understand the rights and obligations of the Customer, as well as other contents of the Tour Contract, making good use of the information supplied by the Company.

3.   In order to smoothly receive the Travel Services mentioned in the Contract Document, should a Customer have realized that Travel Services different from those mentioned in the Contract Document have been provided after the commencement of the travel, he/she must promptly notify the Company, the Arrangements Agent, or the provider of the Travel Services concerned to that effect at the place of travel.

4.   If the Customer uses a credit card with debit function, the Customer agrees to use it according to the following items: (1)    If the credit card with debit function is used for payment, the entire travel fee shall be withdrawn from the account by the debit function at the same time the travel agreement is established; (2)    If re-executing a Tour Contract due to circumstances such as change of contents of Tour Contract, cancellation, etc., there is a possibility of a double withdrawal from the account in order to authenticate the credit card again; (3)    The travel fee for a double-charged Tour Contract is refunded from the contract card company at a later date, and remains double-charged until it is refunded, and the period until the refund is completed differs depending on the card issuing company, which may take up to 60 days in some cases; (4)    For inquiries about refund schedules and other matters, please directly contact the card issuing company, not the Company.

Article 18 (Travel Procedures, Passports, Visas)

Travel procedures, such as passports, visas, vaccination certificates, etc. required for travel shall be confirmed or carried out by the Customer. The Company does not perform agent services, etc. for travel procedures. The following are examples of travel procedure items that should be checked and carried out.

(1)  Confirmation of passport validity and its updating or re-issuance if necessary since the required passport validity period differs depending on the country/region.

(2)  Arrangement and preparation of an “Entry/Re-entry Card” and “Customs Declaration Form” necessary for entering and leaving Japan and foreign countries.

(3)  Other items mentioned on the Reservation Content Display Page or My Page.

Article 19 (Overseas Travel Safety Information)

Depending on the destination (country or region), information on traveling in the country/region, such as “MOFA Overseas Travel Safety Information,” may be issued, and the Customer is urged to check the following websites. The same also applies for health information of the destination.

(1)  Ministry of Foreign Affairs website: https://www.anzen.mofa.go.jp/

(2)  Ministry of Health, Labour, and Welfare quaratinable infectious disease information website: https://www.forth.go.jp/index.html (in Japanese)

Article 20 (Enrollment in Overseas Travel Insurance)

You may incur significant medical expenses, transportation expenses, etc. if you become sick or injured while traveling abroad. In the case of an accident, it may be very difficult to claim compensation for damage from the perpetrator or recover damages, so it is recommended that you enroll in a sufficient amount of overseas travel insurance in order to cover such damages.

Article 21 (Reference Date of Travel Condition and Travel Fee)

The reference date of this travel condition and travel fee shall be the date on which the Company presents the Reservation Content Display Page to the Customer.

October 29, 2018

Operating business
Rakuten Crimson House
Rakuten, Inc.
1-14-1 Tamagawa, Setagaya-ku, Tokyo
Licensed by Japan Tourism Agency, License No. 1964
Regular member, Japan Association of Travel Agents

This document is a translation of Japanese original and provided only for your information.