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Travel terms and conditions (agent-organized domestic tour (EX Travel Packages (Shinkansen + Hotels, Shinkansen +Activity Selections))

Travel terms and conditions (agent-organized domestic tour (EX Travel Packages (Shinkansen + Hotels, Shinkansen +Activity Selections))

Tour Terms and Conditions for Agent-Organized Domestic Tour “EX Tour Package (EX Dynamic Package including Shinkansen and hotels, EX Kodawari Tour including Shinkansen, hotels and activities)”

1. Significance of these Tour Terms and Conditions

(1) These Tour Terms and Conditions shall be part of the written statement of transaction terms and conditions set forth in Article 12-4 of the Travel Agency Act and the contract documents set forth in Article 12-5 of the same Act.

(2) These Tour Terms and Conditions shall apply to “EX Tour Package (EX Dynamic Package including Shinkansen and hotels, EX Kodawari Tour including Shinkansen, hotels and activities)” that is an agent-organized tour planned and operated by JR TOKAI TOURS Inc. with its address at 1-5-8 Kyobashi, Chuo-ku, Tokyo, Japan (hereinafter referred to as the “Company”). Any agent-organized domestic tour that is not “EX Tour Package (EX Dynamic Package including Shinkansen and hotels, EX Kodawari Tour including Shinkansen,hotels and activities)” shall be in accordance with the “Tour Terms and Conditions (Agent-Organized Tour)” separately provided by the Company.

2. Agent-Organized Tour Contract

(1) This tour is planned and operated by the Company, and the customer who is participating in this tour (hereinafter referred to as the “Customer”) is entering into an agent-organized tour contract (hereinafter referred to as the “Tour Contract”) with the Company.

(2) The Company undertakes to make arrangements and to provide itinerary management services so that the Customer may receive services such as transportation, accommodations provided by transportation, accommodation or other facilities and other travel-related services in accordance with the tour itinerary stipulated by the Company (hereinafter referred to as the “Tour Services”).

(3) The contents and transaction terms and conditions of the Tour Contract shall be as stipulated on our website where this tour is sold (hereinafter referred to as the “Sales Site”), in these Tour Terms and Conditions, the itinerary, and the section of the agent-organized tour contract in the standard general conditions of travel agency business (hereinafter referred to as the “Standard General Conditions”).

3. Tour Application and Formation of the Contract

(1) The Customer who wishes to enter into the Tour Contract shall apply for the tour on the Sales Site of the Company or its commissioned sales company.

(2) The Tour Contract shall be formed when the Customer receives the notice that the Company has approved the conclusion of the contract in response to the application from the Customer.

(3) When a tour application is made by a person responsible for the contract as a representative of the tourists comprising a party or group, such person responsible for the contract shall be deemed to have all the rights of representation regarding the conclusion, termination, etc. of the Tour Contract.

(4) The Company shall not assume responsibility for any debt or obligation for which the person responsible for the contract has been currently liable or is expected to be liable in the future to any member of the tourists.

(5) If the person responsible for the contract does not accompany the party or group, a member of the party or group selected in advance by the person responsible for the contract shall be deemed by the Company to be the person responsible for the contract after the start of the tour.

4. Requirements for Tour Application

(1) Among the members of Express Reservation, Smart EX and Tokaido Sanyo Kyushu Shinkansen Internet Reservation Service of Central Japan Railway Company, West Japan Railway Company and Kyushu Railway Company (hereinafter collectively referred to as the “JR Companies”), only the Customers who are the following members may apply for the Tour Contract:

■Express Reservation members (individual)

・Affiliated Individual members

・View Express Special members

・J-WEST (Express) members

・JQCARD Express members

・Plus EX members

■Express Reservation members (corporate)

・Affiliated Corporate members

・Business members

■Smart EX members

・Smart EX members

■Tokaido Sanyo Kyushu Shinkansen Internet Reservation Service members

・Tokaido Sanyo Kyushu Shinkansen Internet Reservation Service members

(2) If the Customer is under the age of eighteen (18) at the time of application, he or she is required to have a written consent of a person with parental authority. In addition, if the Customer is under the age of fifteen (15) at the start of the tour, he or she shall be accompanied by a person with parental authority

(3) The Company may refuse participation to the tour that special requirements for participation are specified by the Company if the Customer fails to meet such requirements such as gender, age, qualifications, skills, etc.

(4) The Company may refuse participation when the Company determines that the Customer is likely to cause trouble to other customers or interfere with smooth operation of group tour.

(5) The Company may refuse participation if the Customer is revealed to be a member of an organized crime group, a quasi member of an organized crime group, a person related to an organized crime group, a company affiliated to an organized crime group, a corporate racketeer, or other anti-social forces.

(6) The Company may refuse participation if the Customer makes violent or undue claims or engages in threatening behavior or commits violent acts with regard to transactions towards the Company.

(7) The Company may refuse participation if the Customer damages the credibility of the Company or obstructs the business of the Company by spreading false information or using fraudulent means or force.

(8) If the Customer has health problems, uses wheelchairs or other assistive equipment, has mental or physical disabilities, has food or animal allergies, is pregnant or may be pregnant, has an assistance dog for persons with physical disabilities (guide dogs, hearing dogs, service dogs), or requires any other special accommodations for participation, please notify the Company of his/her needs when applying for the tour (If the need for such accommodation arises after execution of the Tour Contract, please notify the Company immediately.).

(9) If the Company receives the notifications pursuant to the preceding paragraph, it shall accommodate the needs to the extent possible and reasonable. In order to accommodate the needs, the Company may ask the Customer about his/her condition and required accommodations, or require the Customer to provide a description of such condition and accommodations in writing.

(10) In order to ensure safe and smooth operation of the tour, the Company may set certain conditions such as accompaniment of a helper or companion, submission of a medical certificate from a doctor, or partial modification to the tour itinerary. In addition, if the Company is unable to accommodate the needs required by the Customer, the Company may refuse the Customer’s application for the tour or terminate the Tour Contract. The Customer shall bear all expenses required for special measures implemented by the Company for the Customer pursuant to the requests from the Customer.

(11) If the Company needs to contact the Customer in accordance with Paragraph (2), (3), (8), (9) or (10) of this Article, the Company shall, as a general rule, contact the Customer within one (1) week from the date of the application for the tour in the case of Paragraph (2) or (3), and one (1) week from the date of the notification in the case of Paragraph (8), (9) or (10).

(12) If the Company determines that the Customer requires a diagnosis or treatment by a physician due to illness, injury, etc. during the tour, the Company shall take necessary measures to ensure smooth operation of the tour. The Customer shall bear all expenses associated with such measures.

(13) As a general rule, the Customer is not permitted to separates from the tour group for personal reasons; provided, however, that this shall not apply to under special conditions separately provided by the Company depending on the course.

(14) The Company may refuse participation for other operational reasons deemed appropriate by the Company.

5. Delivery of Contract Documents

(1) Upon the formation of the Tour Contract, the Company shall promptly notify the Customer by e-mail of the tour itinerary, contents of the Tour Services, tour costs, and other matters related to tour terms and conditions. The contract documents shall consist of the matters notified by e-mail, the Sales Site, these Tour Terms and Conditions and the Standard General Conditions.

(2) The scope of the Tour Services that the Company is obligated to arrange and manage the itinerary pursuant to the Tour Contract shall be as described in the contract documents.

(3) If the itinerary, transportation and accommodation facilities have not been determined when the Company issue the contract documents under Paragraph (1) of this Article, the Company shall notify the Customer of the final information with the final document by e-mail by the day immediately preceding the start date of the tour. However, if the Customer applies for the tour seven (7) days or less prior to the day immediately preceding the start date of the tour, the Company may notify the Customer of the final information on the start date of the tour.

(4) When the Company notifies the final document as set forth in Paragraph (3) of this Article, the scope of the Tour Services for which the Company is obligated to arrange and manage the itinerary pursuant to the provisions of Paragraph (2) of this Article shall be determined as set forth in the final document.

6. Payment of Tour Costs

When the Tour Contract is concluded, the Customer shall receive payment of the tour costs stated in the contract documents, without the Customer’s signature on the prescribed voucher, via either of the following credit cards registered by the Customer:

*Credit card of the member indicated in Paragraph (1) of Article 4; or

*Credit card registered when the Customer registered as a member indicated in Paragraph (1) of Article 4

(hereinafter collectively referred to as the “Customer’s Credit Card”).

7. Tour Costs

(1) Unless otherwise specified on the Sales Site, adult rates shall apply to the Customers who are twelve (12) years of age or older, and child rates shall apply to the Customers who are six (6) years of age or older and under twelve (12) years of age.

(2) The tour costs shall be the basis for calculating the amount of “cancellation fees” provided in Paragraph (1) of Article 13, “penalty charges” provided in Paragraph (2) (i) of Article 13, and “change compensation money” provided in Article 21.

8. Items Included in Tour Costs

The following charges shall be included in the tour costs. No refunds shall be made if any part of such charges is not used by the Customer for personal reasons.

(1) Expenses explicitly specified in the tour itinerary, such as fares and fees charged by transportation facilities, accommodation fees, meal costs, admission fees, and consumption tax.

(2) Tour conductor expenses for tour packages where a tour conductor accompanies the tour group, gratuities required for group activities.

(3) Any other items indicated as being included in the tour costs on the Sales Site.

9. Items not Included in Tour Costs

Items not provided in Paragraph (1) to (3) of the preceding Article shall not be included in the tour costs. Some examples of such items are shown below.

(1) Accommodation tax and bathing tax if charged by accommodation facilities (unless indicated on the Sales Site as being included in the tour costs).

(2) Charges of a personal nature such as laundry charges, telegram and telephone charges and other additional food or beverage costs and any taxes and service charges associated therewith.

(3) Charges for optional tours (excursions charged separately) for the Customers who wish to participate.

(4) Additional charges and fees imposed by transportation facilities (e.g. oversized baggage “baggage fees”).

(5) Transportation and accommodation fees for travel between the Customer’s residence and the arrival or departure point.

10. Changes in Contents of the Tour Contract

(1) In the event of natural disasters, wars, riots, suspension of tour services provided by transportation, accommodation or other facilities, government orders, provision of transportation services that are inconsistent with the original transportation plan, or any other cause beyond the Company’ control, the Company may change the contents of the travel itinerary and Tour Services after conclusion of the Tour Contract when such change is unavoidable to ensure safe and smooth operation of the tour, by promptly providing the Customer with an explanation as to why such event is beyond the Company’s control and the causal connections with such event. Notwithstanding the foregoing, the Company may provide the Customer with such explanation after the implementation of such change in the event of unavoidable emergency situations.

(2) If the itinerary includes use of the Tokaido Shinkansen, Sanyo Shinkansen, or Kyushu Shinkansen, the Customer may change the train to be used within the range indicated on the Sales Site after the conclusion of the Tour Contract; provided, however, that this shall not apply to the cases where the Sales Site indicates that the train cannot be changed.

(3) The change of the train under Paragraph (2) of this Article shall be made by the Customer with the company operating the starting station of the train that the Customer wishes to change among the JR Companies. The use of the Tokaido Shinkansen, Sanyo Shinkansen, and Kyushu Shinkansen, including the change of the train, is subject to the conditions of carriage for EX service of the JR Companies. Please refer to the websites of the JR Companies for their conditions of carriage for EX service.

(4) As stated in Paragraph (3) of this Article, all changes of the train shall be made between the Customer and the JR Companies, and the Company may not change the tour itinerary. If the Customer is unable to use any of the Tour Services described in the itinerary due to the change of the train, the Company shall not be required to change any arrangements or provide any refund.

(5) Except for any change of the Train Service made by the Customer stipulated in Paragraph (2) to (4) of this Article, the Customer may not change the departure date, course, transportation and accommodation facilities, or any other part of the itinerary for personal reasons.

11. Changes in Tour Costs

After conclusion of the Tour Contract, the Company shall not make any changes in the tour costs except in the following cases. The Company shall not make any changes in the tour costs even if the Customer changes the train to be used in accordance with Paragraph (2) to (4) of Article 10.

(1) In the event that charges and fees charged by transportation facilities required for the tour are drastically changed beyond the extent normally expected due to significant changes in economic conditions or for other reasons, the tour costs shall be increased or decreased by the amount of such change.

(2) When the tour costs are increased as stipulated in Paragraph (1) of this Article, the Company shall notify the Customer to that effect fifteen (15) days prior to the day immediately preceding the start date of the tour.

(3) If there is any change in the contents of the tour as set forth in Paragraph (1) of Article 10 resulting in a decrease or increase in the costs required for operation of the tour (including cancellation fees, penalty charges, and other charges either paid or payable in connection with the Tour Services not provided due to any change in the contract), the Company shall change the tour costs by the amount of such decrease or increase, excluding in the case of increases due to the lack of available seats, rooms or other facilities provided by the transportation, accommodation or other facilities despite the fact that the service is provided.

(4) In cases where the Company has specified in the contract documents that the tour costs shall depend upon the number of the customers using the transportation, accommodation or other facilities, if such number of the customers has changed after the conclusion of the Tour Contract due to any reason that is not attributable to the Company, the tour costs may be changed within the range described in the contract documents.

12. Assignment

The Customer may not assign his/her position under the Tour Contract to any other person.

13. Termination Prior to Start of Tour

(1) Termination Right of the Customer

(i) The Customer may terminate the Tour Contract at any time by paying the cancellation fees specified in the contract documents.

(ii) The Customer may terminate the Tour Contract without paying cancellation fees if any of the following applies:

a. when the contents of the Tour Contract have been changed; provided, however, that such changes shall be limited to those indicated in “Changes Requiring Payment of Change Compensation Money” in Paragraph (2) of Article 21 or other important changes;

b. when the tour costs have been increased in accordance with Paragraph (1) of Article 11;

c. when smooth and safe operation of the tour becomes or is highly likely to become impossible due to natural disasters, wars, riots, suspension of the Tour Services provided by transportation, accommodation or other facilities, government orders, or any other reason;

d. when the Company fails to notify the Customer of the final document stipulated in Paragraph (3) of Article 5 by due date; or

e. when operation of the tour in accordance with the tour itinerary described in the contract documents becomes impossible due to reasons attributable to the Company.

(iii) when the Customer terminates the Tour Contract pursuant to (i) of Paragraph (1) of this Article, or when the Customer terminates the Tour Contract pursuant to c. of (ii) of Paragraph (1) of this Article in the event of the suspension of the Tokaido Shinkansen, Sanyo Shinkansen or Kyushu Shinkansen services, the Customer shall terminate the Tour Contract on the website of the Company or its commissioned sales company. In the event of termination of the Tour Contract under (ii) of Paragraph (1) of this Article (except in the event of suspension of Tokaido Shinkansen, Sanyo Shinkansen, or Kyushu Shinkansen services), the Customer shall terminate the Tour Contract by calling the Company’s call center. In addition to the above, if the Customer has bought a Shinkansen ticket for use of the Tokaido Shinkansen, Sanyo Shinkansen or Kyushu Shinkansen, the Customer shall obtain a cancellation certificate for such Shinkansen ticket at the station of the JR Companies by the departure time of the Shinkansen.

(iv) If the Tour Contract is terminated in accordance with (i) of Paragraph (1) of this Article, the Company shall refund the amount obtained by deducting applicable cancellation fees from the tour costs already received from the Customer. If the Tour Contract is terminated in accordance with (ii) of Paragraph (1) of this Article, the Company shall refund the entire amount of the tour costs already received from the Customer.

(2) Termination Right of the Company

(i) The Company may terminate the Tour Contract in the event that the Company is unable to receive payment of the tour costs from the Customer by the Customer’s Credit Card such as when the Customer’s Credit Card becomes invalid. In such case, the Customer shall pay penalty charges equal to the cancellation fees stipulated in (i) of Paragraph (1) of this Article.

(ii) The Company may terminate the Tour Contract in the following cases:

a. when it becomes evident that the Customer fails to meet the requirements for tour participation such as gender, age, qualifications skills and other requirements specified in advance by the Company;

b. when it becomes evident that the Customer falls under any provisions of Paragraph (5) to (7) of Article 4;

c. when the Company determines that the Customer is unable to participate in the tour due to illness, absence of a necessary helper or for other reasons.

d. when the Company determines that the Customer is likely to cause trouble to other customers or interfere with smooth operation of group activities;

e. when the Customer makes any exorbitant demand regarding the contents of the Tour Contract;

f. when the number of tour participants is less than the minimum required number of tour participants stipulated on the Sales Site. In such case, the Customer shall be notified of tour cancellation thirteen (13) days (three (3) days for day trips) prior to the day immediately preceding the start date of the tour;

g. when any condition required for operation of the tour specified in advance by the Company is not satisfied or highly likely not to be satisfied, such as insufficient snowfall in the case of skiing tour; or

h. when smooth and safe operation of the tour becomes or is highly likely to become impossible due to natural disasters, wars, riots, suspension of the Tour Services provided by transportation, accommodation or other facilities, government orders or any other reason beyond the Company’s control

(iii) If the Tour Contract is terminated in accordance with (ii) of Paragraph (2) of this Article, the Company shall refund the entire amount of the tour costs already received from the Customer.

14. Termination Subsequent to Start of Tour

(1) Termination Right of the Customer

(i) If the Customer is unable to receive the Tour Services described in the contract documents due to any reason that is not attributable to the Customer, the Customer may terminate the part of the Tour Contract pertaining to the Tour Services that has become impossible to be provided, without paying any cancellation fee.

(ii) when the Customer terminates the Tour Contract pursuant to (i) of Paragraph (1) of this Article in the event of the suspension of the Tokaido Shinkansen, Sanyo Shinkansen, or Kyushu Shinkansen services, the Customer shall terminate the Tour Contract on the website of the Company or its commissioned sales company. In any other case, when the Customer terminates the Tour Contract pursuant to (i) of Paragraph (1) of this Article, it shall terminate the same by calling the Company’s call center. In addition to the above, if the Customer has bought a Shinkansen ticket for use of the Tokaido Shinkansen, Sanyo Shinkansen or Kyushu Shinkansen, the Customer shall obtain a cancellation certificate for such Shinkansen ticket at the stations of the JR Companies by the departure time of the Shinkansen.

(iii) In the case of (i) of Paragraph (1) of this Article, the Company shall refund to the Customer the amount of the tour costs associated with the Tour Services that the Customer was unable to receive; provided, however, that if this is not attributable to the Company, the Company shall refund to the Customer the amount obtained by deducting the applicable cancellation fees, penalty charges, and any other charge either paid or payable in connection with the Tour Services from the amount above.

(2) Termination Right of the Company

(i) The Company may terminate any part of the Tour Contract by providing the Customer in advance with an explanation for such termination in the following cases:

a. when the Company determines that the Customer is unable to participate in the tour due to illness, absence of a necessary helper or for other reasons;

b. when it becomes evident that the Customer falls under any provision of Paragraph (5) to (7) of Article 4;

c. when the Customer fails to comply with any instruction provided by the tour conductor or any other person on behalf of the Company for the purpose of ensuring safe and smooth operation of the tour or disrupts group activities using violence or threats toward such person or any other tourist, and interfere with safe and smooth operation of the tour; or

d. when it becomes impossible to continue the tour due to natural disasters, wars, riots, suspension of the Tour Services provided by transportation, accommodation or other facilities, government orders, or any other reason beyond the control of the Company.

(ii) If the Company terminates the Tour Contract pursuant to the provisions of (i) of Paragraph (2) of this Article, the contractual relationship between the Company and the Customer shall be terminated only prospectively. In such case, the Company’s obligations regarding the Tour Services that the Customer has already received shall be deemed to have been validly discharged.

(iii) In the case of (ii) of Paragraph (2) of this Article, the Company shall refund to the Customer the amount obtained by deducting the cancellation fees, penalty charges, and other charges that the Company has paid or will be required to pay to the providers of the Tour Services from the tour costs for the part of the Tour Services not provided to the Customer.

(iv) If the Company terminates the Tour Contract in accordance with a. and d. of (i) of Paragraph (2) of this Article, the Company shall make necessary arrangements to return the Customer to the departure point at the Customer’s request and its expense.

15. Refund of Tour Costs

(1) If the Company is required to issue a refund to the Customer in the case of “a reduction in the tour costs in accordance with the provisions of Paragraph (1), (3) and (4) of Article 11” or “termination of the Tour Contract by either the Customer or the Company in accordance with the provisions of Article 13 or 14”, the Company shall notify the Customer of the amount to be refunded within seven (7) days from day following the date of termination in the event of refunds arising from termination prior to the start of the tour, and within thirty (30) days from the day following the end date of the tour specified in the contract documents in the event of refunds arising from a reduction in the tour costs or termination subsequent to the start of the tour, and the refunds shall be issued to the Customer’s Credit Card on the date of such notification. However, if the Customer buys a Shinkansen ticket for use of the Tokaido Shinkansen, Sanyo Shinkansen or Kyushu Shinkansen, the refund shall be made only when the Customer submits a Shinkansen ticket (limited to the ticket that the Customer has obtained a cancellation certificate at the station of the JR Companies by the departure time of the Shinkansen as stipulated in (iii) of Paragraph (1) of Article 13 or (ii) of Paragraph (1) of Article 14) or a voucher (limited to the voucher that the Customer received when it bought the Shinkansen ticket) to the Company’s contact point within one (1) month from the start date of the tour.

(2) The provisions of Paragraph (1) of this Article shall not preclude the Customer or the Company from exercising any right to seek compensation for damages as stipulated in Article 17 (Company’s Liabilities) and Article 19 (Customer’s Liabilities).

16. Tour Conductor

(1) In the case of courses indicated as accompanied by a tour conductor, a tour conductor shall accompany the tour throughout the entire tour itinerary. As a general rule, a tour conductor shall provide services to ensure smooth operation of the itinerary stipulated in the contract documents. During the tour, the Customer is required to comply with the instructions of a tour conductor to ensure smooth and safe operation of the tour. As a general rule, tour conductor services shall be provided from 8 am through 8 pm.

(2) In the case of courses indicated as accompanied by a local tour conductor, a local tour conductor shall accompany the tour from the time of arrival at the tour destination to the time of departure. The services provided by such local tour conductor shall be consistent with those provided by the tour conductor under Paragraph (1) of this Article.

(3) In the case of courses indicated as guided by a local attendant, the tour shall not be accompanied by a tour conductor. In such case, a local attendant shall provide necessary services to ensure smooth operation of the tour.

(4) In the case of individual tour plans, a tour conductor or any similar personnel shall not accompany the Customer. In such case, the Customer is required to manage his/her own travel itinerary. The Company shall provide the Customer with electronic tickets, etc. necessary to receive the Tour Services, and the Customer shall be responsible for carrying out all formalities to receive the Tour Services on his/her own.

(5) If a change in the contents of the services is necessary due to bad weather or other reasons in the segments of the tour unaccompanied by a local tour conductor or in the segments in which a local attendant does not provide services, the Customer shall be responsible for arranging alternative services and carrying out necessary formalities on his/her own.

17. Company’s Liability

(1) If, in performing the agent-organized tour contract, the Company or its arrangement agent causes damage to the Customer intentionally or negligently, the Company shall compensate for such damage. However, this shall be limited to cases where a claim is made and notified within two (2) years from the day following the occurrence of such damage.

(2) Except as stipulated in Paragraph (1) of this Article, the Company shall not be liable for any damage incurred by the Customer due to any reason beyond the control of the Company or its arrangement agent including the following cases,:

(i) Natural disasters, wars, riots;

(ii) Accidents or fire at transportation, accommodation or other facilities;

(iii) Suspension of services by transportation, accommodation, or other facilities;

(iv) Governmental orders, isolation due to infectious diseases;

(v) Accidents during the Customer’s free time;

(vi) Food poisoning; or

(vii) Theft.

(3) Notwithstanding the claim or notification period for the damage as set forth in Paragraph (1) of this Article from the Customer set forth in Paragraph (1) of this Article, in the case of damage to baggage, the Company shall compensate for only if the claim is made to the Company within fourteen (14) days from the day following the date of occurrence of such damage. However, regardless of the amount of the damages, the maximum amount of compensation shall be one hundred and fifty thousand (150,000) yen per person (except in the case of willful misconduct or gross negligence on the part of the Company).

18. Special Compensation

(1) Regardless of whether or not the Company is liable as set forth in Paragraph (1) of the preceding Article, the Company shall pay the Customer compensation for death, in an amount of fifteen million yen (15,000,000 yen); compensation for permanent disabilities, in an amount of no more than fifteen million yen (15,000,000 yen); condolence money for inpatient, in an amount of no less than twenty thousand yen (20,000 yen) and no more than two-hundred thousand yen (200,000 yen); and condolence money for outpatient, in an amount of no less than ten thousand yen (10,000 yen) and no more than fifty thousand yen (50,000 yen) for certain damage to the Customer’s life or body which may arise from unexpected or sudden external accidents during the Customer’s participation in the agent-organized tour, or compensation for damage to baggage in the amount of no more than one-hundred thousand yen (100,000 yen) per item or pair, and no more than one-hundred fifty thousand yen (150,000 yen) per customer for each agent-organized tour, in accordance with the special compensation provisions of the Standard General Conditions.

(2) In cases where the tour itinerary includes a day on which no tour services are provided, if so clearly indicated in the tour itinerary, in the event of Paragraph (1) of this Article, the Customer shall not be deemed to be participating in the agent-organized tour.

(3) The Company shall not pay compensation or condolence money stipulated in Paragraph (1) of this Article for damage caused by the Customer’s willful misconduct, driving under the influence, illness, etc. In addition, the Company shall not pay such compensation or condolence money when the Customer engages in mountain climbing (those requiring the use of mountain climbing equipment such as ice axes, crampons, hiking ropes and hammers), luging, bobsledding, sky-diving, hang gliding, flying aboard ultralight planes (such as motor hang gliders, microlight planes, ultralight planes), flying aboard gyroplanes, or other similar dangerous activities, unless such activities are included in the tour itinerary. However, if such activities are included in the tour itinerary, the Company shall pay compensation and condolence money stipulated in Paragraph (1) of this Article for any damage caused by the Customer engaging in such activities while participating in the agent-organized tour outside of the tour itinerary.

(4) The Company shall not pay compensation for damage in connection with cash, checks or other securities, stamps, postage stamps, credit cards, coupons (including electronic tickets and Shinkansen tickets), airline tickets, passports, manuscripts, blueprints, designs, account books (from manuscripts to books, including those recorded in recording media), vessels (including yachts, motorboats and boats), motor vehicles, motorized bicycles (for vessels and motorized bicycles, including their accessories), mountain climbing equipment, expedition equipment, dentures, artificial limbs, contact lenses, animals, plants and or any other items equivalent thereto.

(5) As for the damage stipulated in Paragraph (1) of this Article, if the Company is liable for damage under Paragraph (1) of Article 17 as well, the compensation under Paragraph (1) of this Article payable by the Company shall be deemed to be the compensation for such damage to the extent of the amount of compensation for damage payable under either such liability.

(6) In the case of Paragraph (5) of this Article, the Company’s obligation to pay compensation as stipulated in Paragraph (1) of this Article shall be reduced by the amount equivalent to the compensation for damage payable by the Company under Paragraph (1) of Article 17 (which includes the amount of damage compensation so deemed pursuant to Paragraph (5) of this Article).

19. Customer’s Liabilities

(1) In the event that the Company suffers damages due to the Customer’s willful misconduct or negligence, the Company shall seek compensation for damages from the Customer.

(2) When concluding the Tour Contract, the Customer shall make efforts to understand his/her rights and obligations and other contents of the Tour Contract, using information provided by the Company.

(3) After the commencement of the tour, in order to receive the Tour Services described in the contract document in a smooth manner, if the Customer recognizes that the provided Tour Services are different from those described in the contract document, the Customer shall promptly notify the Company’s contact point or the supplier of the Tour Services to that effect at the tour destination.

(4) If the Company finds that the Customer requires care due to sickness, injury, etc. during the tour, the Company may take necessary measures. In this case, the expenses required for the aforementioned measures shall be borne by the Customer if the reasons for sickness, injury, etc. are not attributable to the Company, and the Customer shall pay said expenses by the deadline specified by the Company in the manner specified by the Company.

(5) If the Customer loses the electronic ticket, etc. given to the Customer by the Company or the Shinkansen ticket bought by the Customer, the Customer may not receive the Tour Services.

20. Optional Tours or Provision of Information

(1) The application of Article 18 (Special Compensation) for a separate agent-organized optional tour that is planned and operated by the Company based on separate tour costs for the Customer who is participating in the Company’s agent-organized tour (hereinafter referred to as the “Company’s Optional Tour”) shall be treated by the Company as a part of the contents of the main Tour Contract. For the Company’s Optional Tour, it shall be indicated as “planned and operated by the Company” on the Sales Site.

(2) As to a separate agent-organized optional tour that is planned and operated by another company based on separate tour costs for the Customer who is participating in the Company’s agent-organized tour (hereinafter referred to as the “Other Company’s Optional Tour”), the Company shall pay compensation or condolence money stipulated in Article 18 (Special Compensation) for damages that occur to the Customer who is participating in the Other Company’s Optional Tour (however, this shall not apply if the date of the Customer’s participation in the Other Company’s Optional Tour is a date on which no Tour Services are provided during the tour itinerary of the main agent-organized tour and it is clearly indicated in the tour itinerary). In addition, the responsibilities of the planner/operator of the Other Company’s Optional Tour and the responsibility of the Customer shall be all subject to the provisions of such planner/operator.

(3) When available sports, etc. are described on the Sales Site as “mere provision of information,” the Company shall clearly indicate to that effect. In such case, the special compensation provisions of Article 18 shall apply to any damage incurred by the Customer while participating in such available sports, etc. (however, this shall not apply if the date of the Customer’s participation in such optional tour is a date on which no Tour Services are provided during the tour itinerary of the main agent-organized tour and it is clearly indicated in the tour itinerary), whereas the Company shall not be liable in any other way.

21. Guarantee of Itinerary

(1) In the event of any major changes to the contract details as indicated in the following “Changes Requiring Payment of Change Compensation Money” (excluding the changes stipulated in (i) and (ii) below), the Company shall pay to the Customer a change compensation money in the amount obtained by multiplying the tour costs by the rate specified in the following “Changes Requiring Payment of Change Compensation Money” within thirty (30) days from the day following the end of the tour. However, this shall not apply if it is clear that the Company shall be liable in accordance with the provisions of Article 17 (1) with regard to such changes.

(i) The Company shall not pay a change compensation money for a change due to any of the following reasons (however, the Company shall pay a change compensation money for a change due to shortage of seats, rooms, etc. of transportation, accommodation or other facilities when the transportation, accommodation or other facilities are providing such services).

a. Natural disasters

b. Wars

c. Riots

d. Governmental orders

e. Suspension of Tour Services, such as flight cancellation, service interruption, or suspension of operation, by transportation, accommodation or other facilities.

f. Provision of transportation services that differ from the initial operation plan due to delay, changes in the transportation schedule, etc.

g. Measures required to protect the life or physical safety of tour participants

(ii) If the changes are associated with termination of the Tour Contract in accordance with the stipulations of Article 13 and Article 14, the Company shall not pay a change compensation money (however, the Company shall pay a change compensation money for a change due to shortage of seats, rooms, etc. of transportation, accommodation or other facilities when the transportation, accommodation or other facilities are providing such services).

(2) Notwithstanding the provisions of Paragraph (1) of this Article, the maximum amount of a change compensation money that the Company shall pay per Customer under a single Tour Contract shall be the amount obtained by multiplying the tour costs by 15%. Furthermore, if a change compensation money to be paid under a single Tour Contract is less than one thousand (1,000) yen per Customer, the Company shall not pay the change compensation money.

■Changes Requiring Payment of Change Compensation Money

(i) Change of the tour’s start or end date indicated in the contract document

If notified to the Customer by the day immediately preceding the tour’s start date: 1.5% / If notified to the Customer on or after the tour’s start date: 3.0%

(ii) Change of touristic sites or touristic facilities (including restaurants) and other tour destinations to be entered indicated in the contract document