Luxurex

Section of Arranged Tour Contract

Travel Agency Terms and Conditions

Tokyo Metropolitan Government Registration No.2-7803

ANTA (All Nippon Travel Agents Association) Member

ConciergeBANK Co., Ltd.

Chapter I General Provisions

Scope of the Agreement

  • Article 1.

    The contract regarding arranged tours for which the Company concludes with customers shall be governed by the provisions of these General Terms and Conditions. Matters not provided for in these General Terms and Conditions shall be governed by laws and regulations or generally established customs.

  • 2.

    When the Company concludes a written special agreement within the scope not in violation of the law and not detrimental to the interests of the customers, notwithstanding the provisions of the preceding paragraph, such special agreement shall take precedence.

Terms and Definitions

  • Article 2.

    The term “Arranged Tour contract” as used in these Terms and Conditions means a contract under which the Company, upon the customer’s request, undertakes to arrange for the customer to receive transportation, accommodation and other travel-related services (hereinafter referred to as “travel services”) provided by transportation or accommodation facilities, etc. by acting as an agent, intermediary or agency for the customer.

  • 2.

    In these Terms and Conditions, “domestic travel” means travel within Japan only, and “overseas travel” means travel other than domestic travel.

  • 3.

    The term “travel price” as used in these Terms and Conditions means the expenses paid by the Company for arranging tour services, such as fares, accommodation charges, and other costs paid to transportation and accommodation facilities, etc., as well as the Company’s prescribed tour service handling charges (excluding change procedure charges and cancellation procedure charges).

  • 4.

    The term “communication contract” as used in this section means an Arranged Tour Contract concluded by the Company with cardholders of affiliated credit card companies (hereinafter referred to as ‘affiliated companies’), who apply through telephone, mail, facsimile, internet, or other means of communication. Under this contract, the customer agrees in advance that the Company will settle the claims or obligations related to the tour price, etc., based on the Arranged Tour contract held by the Company against the customer, in accordance with the card member agreement of the affiliated company separately determined after the date on which the said claims or obligations are to be fulfilled. Additionally, the customer agrees to pay the travel price, etc., in accordance with the methods specified in Article 16, Paragraph 2 or 5 of the Arranged Tour contract.

  • 5.

    The term “Card Usage Date” as used in these Terms and Conditions means the date on which the customer or the Company is obligated to perform payment or refund obligations for the tour fee, etc., based on the Arranged Tour Contract.

Conclusion of Arrangement Obligations

  • Article 3.

    When the Company has arranged travel services with due care, the performance of our obligations under the arranged tour contract shall be terminated. Therefore, even if the Company is unable to conclude a contract with transportation or accommodation facilities, etc. to provide travel services due to reasons such as full occupancy, closure, or unsuitable conditions, etc., when the Company has fulfilled its obligations, the customer shall pay to the Company the travel service handling charge (hereinafter referred to as “handling charges”) prescribed by the Company. In the case of concluding a communication contract, the date of card usage shall be the date when the Company notifies the customer that we were unable to conclude a contract with transportation or accommodation facilities, etc. to provide travel services.

Arrangement Agent

  • Article 4.

    In the performance of the Arranged Tour Contract, the Company may delegate all or part of the arrangements to other travel agents within or outside of Japan, persons engaged in arranging, or other assistants.

Chapter Ⅱ Conclusion of Contract

Application for a contract

  • Article 5.

    The customer who wishes to conclude an Arranged Tour Contract to the Company shall fill in the prescribed items on the Company’s prescribed application form and submit it to the Company together with an application fee in an amount separately determined by the Company.

  • 2.

    Notwithstanding the provisions of the preceding item, a customer who wishes to conclude a communication contract with the Company must notify his/her membership number and details of the travel service they are requesting.

  • 3.

    The application fee under paragraph 1 shall be treated as part of the tour fee, cancellation fee, and other payments owed by the customer to the Company.

Refusal to conclude a contract

  • Article 6.

    Any one of the following is a case upon which we may refuse to conclude Arranged Tour Contract.

    • ⅰ.

      When a communication contract is to be concluded and the customer is unable to settle all or part of the liability related to his or her tour price as stipulated in the card membership rules of the affiliated company due to the invalidity of the credit card held by the customer, etc.

    • ⅱ.

      When a customer is recognized as a gang member, a semi-gang member, an associated gang member, a person or company related to crime syndicates, a corporate racketeer or any other antisocial forces.

    • ⅲ.

      The customer has made violent demands, unjust claims, threatening statements or violence in connection with transactions, or other acts or behavior equivalent to these against the Company.

    • ⅳ.

      The customer committed acts which may damage our reputation or obstruct our business by spreading false rumors, the use of fraudulent means or by force, or other acts or behavior equivalent to these.

    • ⅴ.

      In cases where there are other operational reasons on our part.

Time of conclusion of contract

  • Article 7.

    The Arranged Tour Contract is established when the Company accepts the contract and receives the application fee under Article 5, Paragraph 1.

  • 2.

    Notwithstanding the provision of the preceding paragraph, the Communication Contract shall be deemed to be concluded when the Company’s notice of acceptance of the application under Article 5, Paragraph 2, reaches a customer.

Special Provisions for conclusion of contract

  • Article 8.

    Notwithstanding the provisions of Article 5, paragraph 1, the Company may, by a special written agreement, conclude an arranged tour contract only by accepting the conclusion of the contract without receiving payment of the application fee.

  • 2.

    In the case of the preceding paragraph, the timing of the conclusion of the arranged tour contract shall be clarified in the document set forth in the preceding paragraph.

Special provisions for transportation and accommodation vouchers, etc.

  • Article 9.

    Notwithstanding the provisions of Article 5 paragraph 1 and paragraph 1 of the preceding Article, the Company may accept oral applications for arranged tour contracts solely for the purpose of arranging transportation or accommodation services, provided that we issue a document indicating the right to receive the travel services in exchange for the travel fee.

  • 2.

    In the case of the preceding paragraph, the arranged tour contract shall be deemed to be concluded when the Company accepts the conclusion of the contract.

Contract Documents

  • Article 10.

    Promptly after the conclusion of the Arranged Tour contract, the Company shall deliver to the customer a document (hereinafter referred to as “Contract Document”) describing the travel itinerary, contents of tour services, tour fee and other tour conditions, and the Company’s responsibilities. However, the Company may not deliver the contract document when issuing documents indicating the right to receive tickets, accommodation vouchers, or other travel services for all arranged travel services provided by the Company.

  • 2.

    In the event that the contract document set forth in the main clause of the preceding paragraph has been delivered, the scope of travel services that the Company is obligated to arrange under the Arranged Tour Contract shall be as specified in the said Contract Document.

Using Information and Communication Technology

  • Article 11.

    The Company shall, with the prior consent of the customer, confirm that the matters to be described in the relevant document (hereinafter referred to as ‘the listed items’ in this Article) have been recorded in the file provided on the communication equipment used by the customer when the Company provides the listed items to the customer by a method using information and communication technology in lieu of delivering a planning document, document describing the itinerary, contents of tour services, travel price, and other tour conditions, and the Company’s liability, or Contract Document to be delivered to the customer when concluding an Arranged Tour contract.

  • 2.

    In the case of the preceding paragraph, if the communication equipment used by the customer is not equipped with a file for recording the listed items, the Company shall record the listed items in a file provided in the communication equipment used by the Company (limited to a file exclusively for the use of the said customer), and confirm that the customer has read the listed items therein.

Chapter Ⅲ Alteration and Termination of Contract

Alteration of Contract Content

  • Article 12.

    The customer may request the Company to change the itinerary, contents of tour services and other contents of the Arranged Tour contract. In this case, the Company will accommodate the customer’s request to the extent possible.

  • 2.

    When the content of the arranged tour contract is changed at the request of the customer in the preceding paragraph, the customer shall bear the cancellation fees, penalties, and other expenses required for changing arrangements that should be paid to transportation or accommodation facilities, etc., for arrangements already completed, and shall also pay the Company’s prescribed change procedure fee. Additionally, any increase or decrease in the travel price resulting from changes to the content of the arranged tour contract shall be borne by the customer.

Voluntary termination by the customer

  • Article 13.

    The customer may cancel all or part of the arranged tour contract at any time.

  • 2.

    When the arranged tour contract is terminated pursuant to the provisions of the preceding paragraph, the customer shall be responsible for bearing the cancellation fees, penalties, and other expenses already paid or to be paid to the transportation or accommodation facilities, etc., for services already received by the customer or for services not yet received, as well as paying the Company the prescribed cancellation processing fee and the handling charges that the Company was supposed to receive.

Termination due to reasons attributable to the customer

  • Article 14.

    In any of the following events, the Company may cancel the Arranged Tour Contract.

    • ⅰ.

      When the customer fails to pay the travel price by the specified deadline.

    • ⅱ.

      In cases where the Communication Contract has been executed, and the customer is unable to settle in whole or in part the liability relating to his or her tour price, etc. as stipulated in the card membership rules of the affiliated company due to such causes as the credit card held by the customer becoming invalid.

    • ⅲ.

      When it is found that the customer falls under any of Article 6, paragraph 2 through 4.

  • 2.

    When the arranged tour contract is terminated pursuant to the provisions of the preceding paragraph, the customer shall be responsible for bearing the cancellation fees, penalties, and other expenses already paid or to be paid to the transportation or accommodation facilities, etc., for services not yet received, as well as paying the Company the prescribed cancellation processing fee and the handling charges that the Company was supposed to receive.

Termination due to reasons attributable to the Company

  • Article 15.

    The customer may cancel the Arranged Tour contract when it becomes impossible to arrange the tour services due to reasons attributable to the Company.

  • 2.

    When the Arranged Tour contract is terminated pursuant to the provisions of the preceding paragraph, the Company shall refund to the customer the travel price already received, excluding expenses already paid or to be paid to transportation or accommodation facilities, etc., for services already provided to the customer.

  • 3.

    The provisions of the preceding paragraph shall not preclude the customer from claiming compensation for damages from the Company.

Chapter Ⅳ Travel Price

Travel Price

  • Article 16.

    The customer must pay the travel price to the Company by the deadline specified by the Company before the start of the trip.

  • 2.

    When a communication contract is concluded, the Company will accept payment of the travel price without the customer’s signature on the prescribed slip by using the credit card of an affiliated company. In this case, the date of card usage shall be considered as the date on which the Company notifies the customer of the details of the confirmed travel services.

  • 3.

    The Company may revise the travel price if changes in transportation or accommodation fares, exchange rates, or other reasons result in a fluctuation in the travel price before the start of the trip.

  • 4.

    In the event of the preceding paragraph, any increase or decrease in the travel price shall be borne by the customer.

  • 5.

    When the Company concludes a communication contract with a customer, and expenses or other charges that the customer should bear arise under the provisions of Chapter III or Chapter IV, the Company will accept payment of such expenses, etc. without the customer‘s signature on the prescribed slip by using the affiliated company’s card. In this case, the date of card usage shall be the date on which the Company notifies the customer of the amount of expenses, etc. to be paid by the customer to the Company or the amount to be refunded by the Company to the customer. However, if the Company terminates the Arranged Tour contract under the provisions of Article 14, Paragraph 1, Item 2, the customer must, by the deadline set by the Company, pay the expenses, etc., payable by the customer to the Company using the payment method specified by the Company.

Settlement of travel price

  • Article 17.

    When the expenses incurred by the Company for arranging travel services with transportation and accommodation facilities, etc., to be borne by the customer, as well as handling charges (hereinafter referred to as “settlement travel fees”), do not match the amount already received as travel fees, the Company shall promptly settle the travel fees in accordance with the provisions of the following paragraphs and Paragraph 3 after the completion of the trip.

  • 2.

    When the settled travel price exceeds the amount already received as the travel price, the customer must pay the difference to the Company.

  • 3.

    When the settled travel price is less than the amount already received as the travel price, the Company shall refund the difference to the customer.

Chapter Ⅴ Group Arrangements

Group Arrangements

  • Article 18.

    The Company shall apply the provisions of this chapter to the conclusion of Arranged Tour Contracts, in which multiple customers traveling on the same itinerary at the same time apply by appointing their responsible representatives (hereinafter referred to as the “contract representative”).

Contract Representative

  • Article 19.

    The Company, except in the case of a special agreement, considers the contract representative to have full authority regarding the conclusion of Arranged Tour Contracts for the travelers constituting the group or party (hereinafter referred to as the ‘members’), and all transactions related to the travel services for the group or party as well as the business specified in Article 22, Paragraph 1 shall be conducted between the Company and the contract representative.

  • 2.

    The contract representative must submit a list of members to the Company by the date determined by the Company, or notify the Company of the number of members.

  • 3.

    The Company will not be responsible for any debts or obligations that the contract representative has already incurred or may incur in the future to the members.

  • 4.

    If the contract representative does not accompany the group, the Company will consider a preselected group member to assume the role of the contract representative once the tour begins.

Special Provisions for conclusion of contract

  • Article 20.

    When concluding an Arranged Tour contract with a contract representative, the Company may, notwithstanding the provisions of Article 5 paragraph 1, accept the conclusion of an Arranged Tour contract without receiving payment of the application fee.

  • 2.

    When concluding an Arranged Tour contract without receiving payment of the application fee based on the provisions of the preceding paragraph, the Company shall provide the contract representative with a written document stating this fact, and the Arranged Tour contract shall be deemed concluded at the time when the Company provides said document.

Alteration of Members

  • Article 21.

    When the contract representative requests a change in the members of the group, the Company will endeavor to accommodate such request to the extent possible.

  • 2.

    The increase or decrease in the travel fees resulting from the changes in the preceding paragraph, as well as the expenses incurred for such changes, shall be borne by the members.

Tour Conductor Services

  • Article 22.

    The Company may provide tour conductor services by accompanying a tour group with a tour conductor upon request from the contract representative.

  • 2.

    The tour conductor services, as a general rule, shall primarily consist of tasks necessary for organizing group activities according to the pre-established travel itinerary.

  • 3.

    The standard operating hours for tour conductor services shall generally be from 8:00 a.m to 8:00 p.m.

  • 4.

    When the Company provides tour conductor services, the contract representative must pay the specified tour conductor service fee to the Company.

Chapter Ⅵ Liability

Liability of the Company

  • Article 23.

    In the execution of the Arranged Tour Contract, we shall be liable to compensate the customer for damages caused intentionally or negligently by us or by our agent (hereinafter referred to as the ‘arrangement agent’) engaged by us to make arrangements on our behalf pursuant to the provisions of Article 4. However, such liability for compensation shall be limited to cases where notice has been given to us within two years from the day immediately following the occurrence of the damages.

  • 2.

    In cases where the customer has suffered damages due to causes beyond the control of our company or our arrangement agent, such as acts of God, acts of war, civil commotion, suspesion of tour services by transportation and accommodation facilities, etc., orders from government and other public agencies, and others causes, we will not be responsible for compensation, except in the case of the preceding paragraph.

  • 3.

    With regard to damage under paragraph 1 caused to baggage, we will compensate the customer up to ¥150,000 as a maximum amount per customer (except in cases where the damages have been caused by us intentionally or by our gross negligence), only in cases where we have been notified of the damages within 14 days for domestic travel and 21 days for overseas travel, counted from the day immediately following the day when the damage has occurred, regardless of the provisions of the preceding paragraph.

Liability of the Customer

  • Article 24.

    In the case that the Company have suffered damages due to the willful misconduct or negligence of the customer, the said customer will be required to compensate us for the damages.

  • 2.

    When concluding a contract for an Arranged Tour, the customer shall make use of the information provided by the Company and endeavor to understand the rights and obligations of the customer and other details of the Arranged Tour contract.

  • 3.

    If the customer becomes aware of any discrepancies between the travel services provided and those described in the Contract Document after the start of the tour, they must promptly report such discrepancies to us, our arrangement agent, or the tour service provider at the location that is being toured in order to smoothly receive the travel services as stated in the Contract Document.

Chapter Ⅶ Guarantee Deposit for Billing and Payment Services

Guarantee Deposit for Billing and Payment Services

  • Article 25.

    The Company is a guaranteed member of the All Nippon Travel Agents Association (2F Toetsu-hakuyo Bldg., 4-9, Yonbancho, Chiyoda-ku, Tokyo, Japan).

  • 2.

    A customer or a member of a group who has concluded an Arranged Tour contract with the Company may receive reimbursement of claims arising from such transactions up to 11,000,000 yen from the guarantee deposit for billing and payment services held by the All Nippon Travel Agents Association as described in the preceding paragraph.

  • 3.

    The Company has paid its share of the guarantee deposit for billing and payment services to the All Nippon Travel Agents Association in accordance with Article 49, Paragraph 1 of the Travel Agency Act, and therefore has not deposited any business guarantee deposit under Article 7, Paragraph 1 of the same Act.

Chapter Ⅷ Main Text, Applicable Law, and Agreed Jurisdictional Court

Guarantee Deposit for Billing and Payment Services

  • Article 26.

    The original text of these Travel Agency Agreement and other documents related to the tour contract shall be in Japanese. For the convenience of the customer, the Company may translate some or all of these documents into other languages for the customer’s reference only, and in the event of any conflict between the Japanese version and the translated version, the Japanese version shall take precedence over the authentic text.

  • 2.

    The travel contract between the Company and the customer shall be governed by and construed in accordance with the laws of Japan.

  • 3.

    The Tokyo District Court shall be the court of exclusive jurisdiction for any and all disputes between the Company and the customer in connection with the tour contract.