旅行社条款 - 预订酒店OTS

Travel Agent Contract (Arranged Tour Contract)

Active Member of Japan Association of Travel Agents
Company Name: Okinawa Tourist Service Incorporated

Chapter 1 - General Provisions


Article 1. Scope of Application
1. The Arranged Tour Contract to be concluded between the Company and the Traveler shall be under the following terms and conditions contained within this Travel Agent Contract. In the case that any matter not stipulated in this Contract arises, laws and ordinances or generally established practice shall be applied.
2. In cases where the Company concludes a Special Contract with the Traveler in writing, neither in violation of the relevant law nor harming the interests of the Traveler, such a Special Contract shall be given priority, notwithstanding the provision of the preceding Article 1, Paragraph 1.
Article 2. Definition of Terminology
1. In this Contract, the "Arranged Tour Contract" shall mean the contract under which we are delegated to make arrangements at the request of the Traveler by representing him/her, acting as his/her intermediary, or playing an introductory role for him/her, so that he/she may be provided with services, such as transport and accommodation offered by transport and accommodation facilities, etc., and other services related to travel (hereinafter collectively referred to as the "Tour Service").
2. In this Contract, "Domestic Trip" shall be defined as trips taking place within Japan, and "Overseas Trip" shall be defined as trips other than Domestic Trips.
3. In this Contract, "Tour Price" shall be defined as the expense paid by the Company for the transportation charge, accommodation charge and other expenses payable to the transport and accommodation facilities, etc. to arrange the Tour Service, plus the handling charge for the Tour Service that is set by us (excluding handling charges for alterations and cancellation of the Tour Service).
4. In this Section, "Communication Contract" shall be defined as the Arranged Tour Contract concluded with a card member of a credit card company affiliated with the Company (hereinafter referred to as the "Affiliated Company"), through telephone, mail, facsimile, or other means of communication. The Communication Contract is subject to prior consent of the Traveler to fulfill the credit obligation or liability held by the Company, such as the Tour Price, etc., under the Arranged Tour Contract on and after the due date of such obligation or liability in accordance with the separately provided credit card membership terms and conditions of the Affiliated Company, and also in accordance with the payment method(s) specified in Article 16, Paragraph 2 or 5 hereunder.
5. In this Section, "Electronic Notice of Acceptance" shall be defined as a notice issued in acceptance of the Contract and transmitted to the Traveler through information-communication technologies such as an electronic computer, facsimile, telex, or telephone (hereinafter referred to as the "Electronic Computer, etc.") used by the Company and the Electronic Computer, etc. used by the Traveler via electronic communication line.
6. In this Contract, "Date Card Used" shall be defined as the date when the Traveler or the Company is obligated to pay the Tour Price, etc. or execute refundable liability under the Arranged Tour Contract.
Article 3. Termination of Liability for Arrangements
When the Company completes arrangements for the Tour Service with appropriate management and goodwill, the liability upon the Company based on the Arranged Tour Contract shall be terminated. Therefore, when the Company fulfills its obligations, even if contracts are not concluded with individual transport and accommodation facilities, etc. due to causes such as overbooking, holidays, inoperable conditions, etc., the Traveler is under obligation to pay the handling charge(s) for the Tour Service set by the Company (hereinafter to be referred to as the "Handling Charge"). When the Communication Contract is concluded, “Date Card Used” shall be construed to indicate the date that we inform the Traveler that we were not able to conclude the contract with the transport and accommodation facilities, etc. to provide the Tour Service.
Article 4. Business Agent
We reserve the right to engage other travel agents, professional organizers and arrangers, or other helpers in or outside Japan, in having them make arrangements in whole, or in part on our behalf, for the execution of the Arranged Tour Contract.

Chapter 2 - Conclusion of Contract


Article 5. Subscription for the Tour Contract
1. A Traveler who wishes to subscribe for our Arranged Tour Contract shall fill in the necessary information on the Application Form as designated by the Company (hereinafter referred to as the "Application Form"), and submit it to us together with the required Application Fee as separately specified.
2. Notwithstanding the provision in the preceding Paragraph, the Traveler intending to conclude a Communication Contract with us must submit his/her membership number and the contents of the Tour Service to which he/she intends to be subscribed.
3. The Application Fee as specified in Article 5, Paragraph 1, above, shall be treated as part of the payment required from the Traveler, such as the Tour Price, cancellation charge, etc.
Article 6. Rejection of Contract Conclusion
The Company may not conclude the Arranged Tour Contract in the following instances:
1. When a Communication Contact is to be concluded, the Traveler is unable to settle his/her liability related to the Tour Price, etc. in whole or in part according to the credit card membership rule of the Affiliated Company, due to such causes as the invalidation of the credit card held by the Traveler, etc.
2. In cases where the Traveler is deemed to be a member of an organized crime group, an associate member of an organized crime group, an individual related to an organized crime group, or an entity related to organized crime group, a corporate racketeer (Sokaiya), or other antisocial forces.
3. When the Traveler engages in making violent or unreasonable demands, using intimidation or violence in relation to transactions, or engaging in similar activities.
4. When the Traveler engages in impairing the credibility of the Company or interfering with the Company’s business by disseminating rumors, using fraudulent means or force, or engaging in similar activities.
5. In cases where the Company deems it inappropriate for business.
Article 7. Time of Conclusion of Tour Contract
1. The Arranged Tour Contract shall be deemed to be concluded when the Company accepts the conclusion of the Contract and receive the Application Fee as specified in Article 5, Paragraph 1.
2. Notwithstanding the provision of the preceding Paragraph, the Communication Contract shall be deemed to be concluded when we send a notice to the effect that we accepted the application described in Article 5, Paragraph 2. However, in the case that an Electronic Notice of Acceptance is issued under the said Contract, the Contract shall be deemed to be concluded when the Electronic Notice of Acceptance reaches the Traveler.
Article 8. Special Rule Related to the Conclusion of the Contract
1. Notwithstanding the provision of Article 5, Paragraph 1, there are cases where the Company concludes an Arranged Tour Contract without receiving payment of the Application Fee, provided the conclusion of a Special Contract entered into in writing.
2. In the case of the preceding Paragraph, the time of conclusion of the Arranged Tour Contract shall be clearly stated in the Special Contract document described in the preceding Paragraph.
Article 9. Special Rule Related to the Transport Tickets, Accommodation Vouchers, etc.
1. Notwithstanding the provisions of Article 5, Paragraph 1, and the preceding Article 8, Paragraph 1, the Company may accept oral subscriptions for the Arranged Tour Contract upon deliverance of document(s) indicating the right to receive the applicable Tour Service in exchange for the Tour Price, provided that such Tour Service consists solely of arrangements for transport services or accommodation services.
2. In the case of the preceding Paragraph, the Arranged Tour Contract shall be deemed to be concluded when we accept the conclusion of the Contract.
Article 10 - Contract Document
1. Promptly after the conclusion of the Arranged Tour Contract, the Company shall deliver to the Traveler a document (hereinafter to be referred to as the "Contract Document") that describes the particulars of the itinerary, contents of the Tour Service, the Tour Price, other conditions of the Tour, and our Company's responsibilities. There are cases, however, where we do not deliver the said Contract Document if we instead deliver a document indicating the right to receive the offering of all of our Tour Service, such as transport tickets, accommodation vouchers, and other services.
2. In cases where we have delivered the Contract Document described in the preceding Paragraph, the scope of the Tour Service for which we are responsible for making arrangements under the Arranged Tour Contract shall be as stated in the said Contract Document.
Article 11. Method to Use Information-Communication Technologies
1. Provided the prior consent of the Traveler, the Company may provide the itinerary, contents of the Tour Service, the Tour Price, other conditions of the Tour, and our Company's responsibilities (hereinafter referred to as the "Particulars") otherwise delivered in writing to instead be transmitted by means which utilize information-communication technologies, and we shall confirm that the said Particulars have been recorded on the file equipped in the communication equipment used by the Traveler.
2. In the case of the preceding Paragraph, when the file for recording the Particulars is not equipped in the communication equipment used by the Traveler, we shall record the Particulars on the file equipped in the communication equipment used by the Company (limited to the file provided only for the exclusive use of the Traveler) and confirm that the Traveler has viewed the Particulars.

Chapter 3 - Alteration and Cancellation of the Contract


Article 12 - Alteration of Contract Contents
1. The Traveler may request the Company to change the contents of the Arranged Tour Contract, such as itinerary, contents of Tour Service, and other conditions of the Arranged Tour Contract, etc., in which case we shall try to accommodate the Traveler's request as far as possible.
2. In cases where the contents of the Arranged Tour Contract are changed at the request of the Traveler, the Traveler shall be required to bear the cancellation charges and penalty payable to the transport and accommodation facilities, other expenses required for cancelling or changing previously completed arrangements, and the Company’s handling charge for the change as set by our Company. Furthermore, the increase or decrease of the Tour Price arising from such changes of the contents of the Arranged Tour Contract shall be borne by the Traveler.
Article 13 - Discretional Cancellation by the Traveler
1. The Traveler may cancel the Arranged Tour Contract in whole or in part at any time.
2. When the Arranged Tour Contract is cancelled under the provision of the preceding Paragraph, the Traveler shall be required to bear the expenses in return for the Tour Service already provided and the cancellation charges, penalties, and other expenses payable to the transport and accommodation facilities for the Tour Service not yet provided, and in addition, to pay to the Company the handling charge for the cancellation as set by us as well as the service charge receivable by us for the said Arranged Tour Contract.
Article 14 - Cancellation Due to Causes Attributable to the Traveler
1. We may cancel the Arranged Tour Contract in the following instances:
1.1. If the Traveler does not pay the Tour Price by the specified due date.
1.2. In cases where the Communication Contract is concluded, but the Traveler is unable to settle his/her liability related to the Tour Price, etc. in whole or in part according to the credit card membership rule of the Affiliated Company, due to such causes as the credit card held by the Traveler has become invalid.
1.3. If the Traveler is applicable to any paragraphs from Article 6, Paragraph 2 to 6.
2. When the Arranged Tour Contract is cancelled under the provision of the preceding Paragraph, the Traveler shall be required to bear the expenses in return for the Tour Service already provided and the cancellation charges, penalties and other expenses payable to the transport and accommodation facilities for the Tour Service not yet provided, and in addition, to pay to the Company the handling charge for the cancellation as set by us as well as the service charge receivable by us for the said Arranged Tour Contract.
Article 15 - Cancellation Due to Causes Attributable to Our Company
1. When the arrangement for the Tour Service becomes precluded due to causes attributable to the Company, the Traveler may cancel the Arranged Tour Contract.
2. When the Arranged Tour Contract is cancelled under the provision of the preceding Paragraph, we shall reimburse to the Traveler the Tour Price already received after deducting the expenses already paid or payable to the transport and accommodation facilities, etc. in lieu of the Tour Service already offered to the Traveler.
3. The provision of the preceding Paragraph shall not prevent the Traveler from claiming compensation against us for damage.

Chapter 4 - Tour Price


Article 16. Tour Price
1. The Traveler shall be required to pay the Tour Price no later than the period prescribed by the Company prior to the start of the Tour.
2. When the Communication Contract is concluded, we shall accept payment of the Tour Price by using the credit card of the Affiliate Company without obtaining the Traveler's signature on the provided invoice, in which case the shall be considered as the date when we informed the Traveler of the contents of the Tour Service determined by us.
3. There are cases where we may change the Tour Price prior to the start of the Tour when changes in the Tour Price have occurred due to such causes as the revision of the fares and charges by transport and accommodation facilities, changes in foreign exchange rates, etc.
4. In the case of the preceding Paragraph, the increase or decrease of the Tour Price shall be borne by the Traveler.
5. In the case that we concluded the Communication Contract with the Traveler and expenses payable by the Traveler accrued under the provisions of Chapter 3 and Chapter 4, we shall receive payment of the said expenses by using the credit card of the Affiliate Company without obtaining the Traveler's signature on the prescribed voucher. In such case, the Date Card Used shall be considered as the date when we inform the Traveler of the amount of the expenses payable to us by the Traveler or of the amount reimbursable by us to the Traveler. However, in cases where we cancel the Arranged Tour Contract under the provision of Article 14, Paragraph 1 (2), the Traveler will be required to pay to us the expense, etc. payable to us by the Traveler no later than the date set by us in the method prescribed by us.
Article 17 - Settlement of the Tour Price
1. In cases where the amount of the expenses paid by the Company to the transport and accommodation facilities for arranging the Tour Service, which are borne by the Traveler, plus the service charge (hereinafter referred to altogether as the "Tour Price Settled") does not agree with the amount already received as the Tour Price, we shall reconcile the Tour Price promptly after the Tour finishes in accordance with the provisions of the following two Paragraphs.
2. If the Tour Price Settled exceeds the amount already received as the Tour Price, the Traveler shall be required to pay the difference to us.
3. If the Tour Price Settled falls below the amount already received as the Tour Price, we shall reimburse the difference to the Traveler.

Chapter 5 - Arrangement for Organizations and Groups

Article 18 - Arrangement for Organizations and Groups
We shall apply the provisions of this Chapter to the conclusion of the Arranged Tour Contract in cases where the Company receives subscriptions from two or more Travelers who are to travel the same route at the same time by appointing a responsible person to represent them (hereinafter referred to as the "Contract Representative").
Article 19 - Contract Representative
1. Unless a Special Contract is concluded, the Company shall consider the Contract Representative as the person holding all the power of representation concerning the conclusion of the Arranged Tour Contract for the Travelers who compose his/her organization or group (hereinafter referred to as the "Constituent Members"), and we shall handle the transactions concerning the business of the Tour related to the said organization or group and the business specified in Article 22, Paragraph 1, hereunder with the said Contract Representative.
2. The Contract Representative shall be required to submit a list of the Constituent Members or inform us of the number of the Constituent Members on or before the date set by us.
3. We shall not be held responsible for the liabilities or obligations which the Contract Representative assumes for the Constituent Members at present or the liabilities or obligations which the Contract Representative is expected to assume in the future.
4. In cases where the Contract Representative does not accompany his/her organization or group during the Tour, one of the Constituent Members appointed beforehand by the Contract Representative shall be considered by us as the Contract Representative after the start of the Tour.
Article 20 - Special Rule of the Conclusion of the Contract
1. When the Company concludes the Arranged Tour Contract with the Contract Representative, there are cases where we accept the conclusion of the Arranged Tour Contract without receiving payment of the Application Fee, notwithstanding the provision of Article 5, Paragraph 1.
2. When we conclude the Arranged Tour Contract with the Contract Representative without receiving payment of the Application Fee under the provision of the preceding Paragraph, we shall deliver to the Contract Representative a document written to that effect, and the Arranged Tour Contract shall be considered to be concluded when we deliver the said document.
Article 21 - Changes by the Contract Representative
1. When the Contract Representative wishes to change some of the Constituent Members, the Company shall accommodate his/her wish as far as possible.
2. The increase or decrease of the Tour Price arising from the change described in the preceding Paragraph as well as the expenses required for the said change shall be borne by the Constituent Members.
Article 22 - Escort Service
1. There are cases where the Company provides Escort Service at the request of the Contract Representative by having a Tour Escort accompany his/her organization or group.
2. The contents of the Escort Service to be performed by the Tour Escort shall, in principle, be the service required for conducting the Tour as a group according to the itinerary determined beforehand.
3. The service hours of the Tour Escort for offering the Escort Service shall, in principle, be from 8:00 to 20:00 hours.
4. When we offer the Escort Service, the Contract Representative shall be required to pay to us the Escort Service Charge set by us.

Chapter 6 – Responsibility


Article 23 - Responsibility of Our Company
1. In the course of implementing the Arranged Tour Contract, the Company shall be responsible for compensating for the damage caused to the Traveler intentionally or negligently by us or by our agent who is appointed by us to make arrangements on our behalf under the provision of Article 4 (hereinafter referred to as the "Tour Arranging Agent"), but only in cases where notice is given to us within two years from the day immediately following the day that the said damage occurred.
2. In cases where the Traveler suffered damage due to causes beyond our control or our Tour Arranging Agents, such as natural disaster, maelstrom of war, civil commotion, suspension of Tour Services by transport and accommodation facilities, orders from government and other public agencies, among others causes, we shall not be held responsible for compensation except in the case of the preceding Paragraph.
3. With regards to damage caused to the Travelers’ baggage as described in Paragraph 1, notwithstanding the provision of the said Paragraph, we shall compensate up to ¥150,000 as the maximum limit amount per Traveler (except in cases where the said damage is caused due to our willful or gross negligence), only if we are notified of the said damage within 14 days in the case of Domestic Trips and within 21 days in the case of Overseas Trips, respectively, counted from the day immediately following the day that the said damage occurred.
Article 24. - Responsibility of the Traveler
1. If the Company suffers damage due to willful or gross negligence of the Traveler, the said Traveler shall be required to compensate us for the said damage.
2. When the Traveler concludes the Arranged Tour Contract, the Traveler shall be required to make efforts to understand the contents of the Arranged Tour Contract, such as the rights and obligations of the Traveler, etc., by utilizing the information that we provide.
3. In order for the Traveler to receive the Tour Service as described in the Contract Document after the start of the Tour, the Traveler shall be required to immediately report to us on-site, our Tour Arranging Agents, or the Service Providers of the said Tour Service, in the event that the Traveler realize that the Tour Service offered is different from that described in the Contract Document.

Chapter 7 – Compensation Security Bond System


Article 25 – Compensation Security Bond System
1. The Company is the Active Member of the Japan Association of Travel Agents (located at 3-3-3 Kasumigaseki, Chiyoda-ku, Tokyo).
2. The Travelers or the Constituent Members, who concluded the Arranged Tour Contract with us, are entitled to receive reimbursement for debts accrued in the transaction in relation to the said Tour Contract from the Compensation Security Bond System deposited by the Japan Association of Travel Agents, described in the preceding Paragraph, up to the maximum amount of ¥24,000,000.
3. As we have paid our share of the Compensation Security Bond System to the Japan Association of Travel Agents in accordance with the provision of Article 22, Paragraph 10 (1) of the Travel Agency Law, we have not deposited the Compensation Security Bond System based on Article 7, Paragraph 1 of the Travel Agency Law.

Note: The Travel Agent Contract (Arranged Tour Contract) is in Japanese, and this is the English translations of the original text. The Japanese language text shall prevail in the event of a conflict between the Japanese version and the English version.

(Report of Complaint)
In the event that the Travelers are having difficulties reaching a settlement between<> the relevant parties of the complaints in regards to the tour arrangement business with the Company, the Travelers may request for assistance to settle the said complaint to the
association below.
[Record]
Name: Japan Association of Travel Agents
Address: 3-3-3 Kasumigaseki, Chiyoda-ku, Tokyo
Telephone: (03)3592-1266