travel industry clauses
| scope of work | contract for (of) arrangement (agreement) Offered tour contract (limited area) Travel Advisory Contracts |
| Registration Number | Registered with the Governor of Wakayama Prefecture, Class 3-244 |
| Registration Date | April 11, 2001 |
| Registration expiration date | April 10, 2026 (renewed registration on April 11, 2021) |
| Name (trade name) | Koyasan Sankeiko, Ltd. |
| representative | Seiki Tajima |
| Location | Head Office: 49 Koyasan, Koyasan-cho, Ito-gun, Wakayama |
| Business Hours | 8:30 a.m. to 5:00 p.m. |
| holiday | Only during the year-end and New Year's holidays |
| Contact Number | 0736-56-2616 |
| Domestic Travel Agency Supervisor | <Name> *The "Travel Service Supervisor" is the person in charge of transactions at the sales office that handles your travel. If you have any questions about the explanation given by the person in charge regarding your travel contract, please do not hesitate to contact the indicated travel business handling manager. |
| travel industry clauses | The Company's General Terms and Conditions (Standard Travel Agency General Terms and Conditions) shall apply. Part of Arranged Tour Contract Chapter I General Provisions (Scope of Application) Article 1 The arranged tour contract to be concluded by the Company with a traveler shall be governed by the provisions of these General Terms and Conditions. Matters not provided for in these Conditions of Carriage shall be governed by laws and regulations or generally established customs. 2. If the Company has made a special agreement in writing that is not contrary to laws and regulations and not disadvantageous to the traveler, such special agreement shall prevail notwithstanding the provisions of the preceding paragraph. (Article 2 The term "arranged tour contract" as used in these Conditions of Carriage means a contract under which the Company, at the request of the traveler, arranges for the traveler to receive transportation, accommodation, and other services related to the tour (hereinafter referred to as "tour services") provided by a transportation or accommodation agency, etc. by acting as an agent, intermediary or agent for the traveler, etc. (2) "Domestic travel" is defined in these General Terms and Conditions as "domestic travel". 2 "Domestic Trip" as used in these Conditions of Carriage shall mean a trip within Japan only, and "Overseas Trip" shall mean a trip other than a domestic trip. 3. "Trip Charges" as used in these Conditions of Carriage shall mean expenses paid by the Company to transportation and accommodation agencies for arranging tour services, such as fares and accommodation charges, and the Company's prescribed tour service handling charges (excluding change procedure charges and cancellation procedure charges). 4. "Correspondence Contract" in this Part means a contract of travel between the Company and a travel agency. 4 "Correspondence contract" in this section means a contract with a credit card company with which the Company has a tie-up (hereinafter referred to as "tie-up company"). 4. "Arranged tour contract" in this Part means an arranged tour contract concluded with a credit card member of a credit card company with which the Company is in partnership (hereinafter referred to as the "Alliance Company") upon application by telephone, mail, facsimile or other means of communication, whereby the credit or debt pertaining to the tour fee, etc. under the arranged tour contract which the Company has against the traveler is to be settled after the date when such credit or debt is to be performed in accordance with the Alliance Company's credit card member rules separately prescribed. 4 "Arranged tour contract" means an arranged tour contract under which the traveler agrees in advance to the Company's settlement of claims or obligations pertaining to the tour price, etc. based on an arranged tour contract which the traveler has with the Company, and to pay the tour price, etc. by the method prescribed in Article 15 paragraph 2 or paragraph 5. 5 "Electronic Acceptance Notice" in this Part means a notice of acceptance of an application for a contract, which is given by means of a computer, facsimile machine, telex or telephone used by the Company (hereinafter referred to as "computer, etc.") and a computer used by the traveler, among the methods using information and telecommunications technology. (2) "Card Transmission Service" means a service which is provided through a telecommunication line connecting a computer, facsimile machine, telex or telephone used by SKY (hereinafter referred to as "Computer, etc.") and a computer, etc. used by a traveler. 6. "Card Usage Date" as used in these Conditions of Carriage means the date on which the traveler or the Company is to perform payment or refund obligations for the tour fee, etc. under the arranged tour contract. (Termination of Arrangement Obligations) Article 3 When the Company has arranged the tour services with the care of a good manager, the performance of the Company's obligations under the arranged tour contract shall be terminated. Therefore, even if the Company is unable to conclude a contract with a transportation or accommodation agency, etc. to provide travel services due to reasons such as full capacity, absence from work, inappropriate conditions, etc., when the Company has fulfilled its obligations, the traveler shall pay to the Company the travel service handling charge (hereinafter referred to as "handling charge") prescribed by the Company. The traveler must pay the Company the prescribed travel service handling charge (hereinafter referred to as the "Handling Charge"). In the case of concluding a correspondence contract, the date of card usage shall be the date when our company notifies the traveler that we were unable to conclude a contract with a transportation or accommodation agency, etc. to provide travel services. (Article 4 In performing arranged tours, Peach may have other travel agencies, persons engaged in making arrangements in Japan or outside Japan, or other assistants act as agents for all or part of the arrangements. Chapter II Formation of Contract (Application for Contract) Article 5 A traveler who wishes to conclude an arranged tour contract with the Company shall fill in the prescribed items on the application form prescribed by the Company 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 paragraph, a traveler who intends to conclude a correspondence contract with the Company shall notify the Company of his/her membership number and the contents of the travel service he/she is requesting. 3 The application fee in Paragraph 1 shall be handled as part of the tour fee, cancellation fee and other monies payable by the traveler to the Company. (Article 6 The Company may refuse to conclude an arranged tour contract in the following cases (1) When the Company has business reasons to do so. (2) The Participating Traveler does not meet the conditions of gender, age, qualifications, skills, or other requirements of the Participating Traveler which have been clearly indicated by the Company in advance. 3. the Participating Traveler is likely to cause inconvenience to other travelers or interfere with the smooth implementation of group activities 4 When the Participating Company intends to conclude a correspondence contract, and the Participating Company is unable to settle part or all of the obligations pertaining to the tour fee, etc., in accordance with the credit card membership rules of the Partner due to the invalidity of the credit card held by the Traveler, etc. 5 When the traveler is recognized as a member of organized crime groups, a quasi-organized member of organized crime groups, a person related to organized crime groups, a company related to organized crime groups, or a general meeting house or other anti-social force. 6. When a traveler makes a violent or unreasonable demand, uses threatening language or violence in connection with transactions, or commits any other similar act against the Company (7) When a traveler spreads false rumors, uses deception or force to damage the Company's credibility, or obstructs the Company's business, or commits any other similar act (8) When there are other business reasons for us to do so. Article 7 An arranged tour contract shall be concluded when the Company accepts the conclusion of the contract and receives the application fee set forth in Article 5, paragraph (1). (2) Notwithstanding the provisions of the preceding paragraph, a correspondence contract shall be deemed to be concluded when the Company issues a notice of acceptance of the application set forth in Article 5 paragraph (2). However, in the event that the Company issues an electronic acceptance notice for the said contract, the contract shall be deemed to be concluded when the said notice reaches the traveler. Article 8 Notwithstanding the provisions of Article 5 paragraph (1), the Company may, by a special written agreement, conclude an arranged tour contract only with the acceptance of the conclusion of the contract without receiving payment of the application fee. 2 In the case of the preceding paragraph, the time of conclusion of the arranged tour contract shall be clarified in the document set forth in the preceding paragraph. Article 9 Notwithstanding the provisions of Article 5 paragraph (1) and paragraph (1) of the preceding Article, the Company may accept an oral application for a arranged tour contract for the sole purpose of arranging transportation services or accommodation services, if the Company delivers a document indicating the right to receive such services in exchange for the tour fee. 2. In the case of the preceding paragraph, the tour operator may accept an oral application. (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. (Article 10 Promptly after the conclusion of the arranged tour contract, the Company shall deliver to the traveler a document describing the itinerary, contents of tour services, tour fee and other tour conditions, and the Company's responsibilities (hereinafter referred to as the "Contract Document"). The Company will deliver to the traveler a document (hereinafter referred to as the "Contract Document") describing the itinerary, details of tour services, tour fee and other tour conditions and the Company's responsibilities. However, the Company may not deliver the Contract Document if the Company delivers a document that indicates the right to receive tickets, accommodation tickets, or other travel services for all the travel services that the Company arranges. (2) In the event that the contract document set forth in the main clause of the preceding paragraph is delivered, the scope of tour services that the Company is obligated to arrange under the arranged tour contract shall be as set forth in said contract document. (Article 11 With the prior consent of the traveler, the Company may, in lieu of delivering a document or a contract document describing the itinerary, contents of tour services and other tour conditions and the Company's responsibilities to the traveler at the time of concluding an arranged tour contract, deliver a contract document by using information and communications technology. (hereinafter in this Article referred to as the "Matters to be Stated"). (2) In the case of the preceding paragraph, the Company shall confirm that the matters to be described in the document have been recorded in a file on the telecommunications equipment used by the traveler. (2) In the case of the preceding paragraph, if the telecommunications equipment used by the traveler is not equipped with a file for recording the Matters to be Described, the Company shall record the Matters to be Described in a file (limited to a file to be used exclusively by the traveler) provided in the telecommunications equipment used by the Company. The Company shall confirm that the traveler has inspected the information by recording the information in a file (limited to a file exclusively for the use of said traveler) in the telecommunication equipment used by the Company. Chapter III Change and Cancellation of Contract (Change of Contract) Article 12 The traveler may request the Company to change the contents of the arranged tour contract, such as the itinerary, contents of tour services, and others. In this case, the Company shall comply with the traveler's request to the greatest extent possible. 2. In the event that the Company changes the contents of the arranged tour contract at the request of the traveler under the preceding paragraph, the traveler shall not only bear the cancellation fee, penalty fee, and other expenses required for the change of arrangements to be paid to the transportation and accommodation agency, etc. when cancelling the arrangements already completed, but shall also pay the Company's prescribed change procedure fee to the Company. Any increase or decrease in the tour fee resulting from such change in the contents of the arranged tour contract shall belong to the traveler. (Article 13 The traveler may cancel the arranged tour contract, in whole or in part, at any time. (2) When the arranged tour contract is cancelled pursuant to the provisions of the preceding paragraph, the traveler shall not only bear the cancellation fee, penalty fee and other expenses already paid or to be paid to the transportation and accommodation agencies for the tour services already provided or not yet provided by the traveler, but also shall pay to the Company the cancellation fee and penalty fee prescribed by the Company. In addition, the traveler shall pay to the Company the cancellation processing fee and the handling charge which the Company would have obtained. (Article 14 The Company may cancel an arranged tour contract in the following cases (1) When the traveler fails to pay the tour fee by the designated date (2) When the Company has concluded a correspondence contract and the traveler is unable to settle all or part of the obligations pertaining to the tour fee, etc. in accordance with the credit card membership rules of the Alliance Company, such as when the credit card held by the traveler becomes invalid. 3 When the traveler is recognized as a member of organized crime groups, a quasi-organized member of organized crime groups, a person related to organized crime groups, a company related to organized crime groups, or a general meeting house or other anti-social force 4. When the traveler makes a violent or unreasonable demand, uses threatening language or violence in connection with transactions, or commits any other similar act against the Company (5) When a traveler spreads false rumors, uses deception or force to damage the Company's credibility, or obstructs the Company's business, or commits any other similar act 6. When there are other business reasons for us to do so. (2) When an arranged tour contract is cancelled pursuant to the provisions of the preceding paragraph, the traveler shall not only bear the cancellation fee, penalty fee and other expenses already paid or to be paid to the transportation and accommodation agency for the tour services that have not yet been provided, but also pay the handling charge that the Company would have received. (2) The Company shall not be liable for any cancellation charge, penalty charge or other costs already paid or to be paid to the transportation/accommodation service provider. (Article 15 The traveler may cancel the arranged tour contract when it becomes impossible to arrange the tour services for reasons attributable to the Company. 2 If the arranged tour contract is cancelled pursuant to the provision of the preceding paragraph, the Company shall refund to the traveler the tour fee already received by the Company, except for expenses already paid or to be paid to the transportation/accommodation agency, etc. as compensation for the tour services already provided by the traveler. 3. The provisions of the preceding paragraph shall not preclude the traveler from claiming compensation for damages from the Company. Chapter IV Trip Charges (Trip Charges) Article 16 The traveler shall pay the trip charge to the Company by the date specified by the Company prior to the commencement of the tour. 2 When a correspondence contract is concluded, the Company will accept payment of the tour fee without the traveler's signature on the prescribed slip by a credit card issued by the Alliance Partner. In this case, the date of use of the credit card shall be the date on which the Company notifies the traveler of the confirmed details of the tour services. 3 The Company may change the tour fee in the event of any change in the price of transportation, accommodation, etc., due to revision of the fare, fluctuation of the exchange rate, or any other reason prior to the commencement of the tour. 4 In the case of the preceding paragraph, any increase or decrease in the tour fee shall belong to the traveler. 5 In the event that the Company has concluded a correspondence contract with a traveler and expenses, etc. to be borne by the traveler pursuant to the provisions of Chapters 3 or 4 arise, the Company will accept payment of such expenses, etc. without the traveler's signature on the prescribed slip by a card issued by the Alliance Company. In this case, the date of use of the card shall be the date on which the Company notifies the traveler of the amount of expenses, etc. to be paid by the traveler to the Company or the amount to be refunded by the Company to the traveler. However, in the event that the Company cancels the arranged tour contract pursuant to the provisions of Article 14 paragraph (1) item (ii), the traveler must pay the Expenses, etc. payable by the traveler to the Company by the date specified by the Company by the payment method specified by the Company. Article 17 The Company shall pay to the travel agency, etc. the expenses paid by the Company to arrange the tour services, which shall be borne by the traveler, and the handling charge (hereinafter referred to as the "Settlement Trip Charges"). In the event that the amount of the settlement tour price (hereinafter referred to as the "Settlement Tour Price") does not match the amount already received as the tour price, the Company will promptly settle the tour price as provided in the following paragraph and paragraph 3 after the completion of the tour. (2) If the amount of the settled tour fee exceeds the amount already collected as the tour fee, the traveler shall pay the difference to the Company. If the settled tour fee is less than the amount already collected as the tour fee, the Company shall refund the difference to the traveler. Chapter V Group/Group Arrangements (Group/Group Arrangements) Article 18 In the event that two or more travelers who are traveling on the same itinerary at the same time apply for arranged tours with a responsible representative (hereinafter referred to as the "Responsible Party"), the Company will arrange for a group or group of travelers to travel on the same itinerary at the same time. The provisions of this Chapter shall apply to the conclusion of a contract of arranged tour for which two or more persons traveling on the same itinerary at the same time have appointed a responsible representative (hereinafter referred to as "Responsible Party"). Article 19 Except in cases where a special agreement has been concluded, Peach shall not be responsible for any and all acts of the responsible representative(s) in connection with the conclusion of the arranged tour contract of a group or group of travelers (hereinafter referred to as "Constituents"). (1) Except in cases where a special agreement has been concluded, the person responsible for the contract shall be deemed to have all the rights of representation regarding the conclusion of the arranged tour contract for the group or group of travelers (hereinafter referred to as "Members"), and transactions related to the tour services for such group or group and the services set forth in Article 21 (1) shall be conducted between such person and the Company. 2 The person responsible for the contract shall submit to the Company a list of constituent persons or notify the Company of the number of persons by the date determined by the Company. 3. The Company shall not be liable for any debt or obligation that the person responsible for the contract actually owes or may be expected to owe in the future to the members of the group. 4. If the person responsible for the contract does not accompany the group/group, after the commencement of the tour, the Company shall deem a member appointed by the person responsible for the contract in advance to be the person responsible for the contract. Article 20 When concluding an arranged tour contract with the person responsible for the contract, the Company may accept the conclusion of the arranged tour contract without receiving payment of the application fee, notwithstanding the provisions of Article 5 paragraph (1). 2 In the event that the Company concludes an arranged tour contract without receiving the application fee pursuant to the provision of the preceding paragraph, the Company shall deliver a contract document stating to that effect to the person responsible for the contract, and the arranged tour contract shall be concluded when the Company delivers said contract document. (Article 21 When the Company receives a request from the person responsible for the contract to change the members of the group, the Company shall comply with such request as much as possible. (2) Any increase or decrease in the tour fee and expenses required for such change resulting from the change set forth in the preceding paragraph shall belong to the Constituents. (Article 22 Upon request from the person responsible for the contract, SKY may provide escort services by having an escort accompany the group group. 2 As a general rule, the contents of the escort service to be provided by the tour operator shall be the services necessary for the group/group activities on the pre-determined itinerary. 3 As a general rule, the tour operator shall provide tour services between 8:00 a.m. and 8:00 p.m. 4 When tour operator services are provided by Peach, the tour operator shall pay to Peach the prescribed tour operator service fee. Chapter VI Liability (Liability of the Company) Article 23 In the performance of the arranged tour contract, if the Company or any person on whose behalf the Company has made arrangements pursuant to the provisions of paragraph 4 (hereinafter referred to as "Arrangement Agent") (2) If, in the performance of the arranged tour contract, the Company or a person on whose behalf the Company has made arrangements pursuant to the provisions of paragraph (4) (hereinafter referred to as "Arrangement Agent") intentionally or negligently causes damage to the traveler, the Company shall be liable for compensation for such damage. However, the Company shall be held liable to compensate for the damage only if the traveler notifies the Company of such damage within 6 months from the day following the occurrence of such damage. 2 When a traveler suffers damages due to a natural disaster, war, riot, suspension of travel services by transportation or accommodation agencies, etc., orders by government authorities, or other reasons beyond the control of the Company or its agents, the Company shall not be liable to compensate for such damages, except in the case of the preceding paragraph. 3 Notwithstanding the provisions of paragraph (1) of this Article, the Company shall not be liable for any Damage to Baggage, up to 150,000 yen per Traveler, if the Company is notified of the Damage within 14 days in the case of domestic trips and within 21 days in the case of overseas trips, starting from the day following the occurrence of the Damage (except in the case of intentional or gross negligence by the Company). (except in the case of willful misconduct or gross negligence on the part of the Company). (Liability of the traveler) (Article 24 If the Company suffers any damage due to the intentional or negligent act or omission of a traveler, the said traveler shall compensate the Company for the damage. 2 When concluding an arranged tour contract, the traveler shall make use of the information provided by the Company and endeavor to understand the rights and obligations of the traveler and other contents of the arranged tour contract. 3 After the commencement of the tour, in order to smoothly receive the tour services described in the contract document, if the traveler recognizes that the traveler was provided with tour services that differ from those described in the contract document, the traveler must promptly notify the Company, the Company's arrangement agent, or the relevant tour service provider to that effect at the tour site. (Article 27 The Company may not pay compensation for damages if the traveler falls under any of the following items (1) The Participant is deemed to fall under the category of antisocial forces. 2. The traveler is deemed to be involved in providing funds, etc. or benefits to antisocial forces. 3. Be recognized as making unjust use of antisocial forces. 4 In the case of a juridical person, that the Anti-Social Forces are deemed to control the juridical person or to be substantially involved in the management of the juridical person. (5) The applicant is recognized to have any other socially reprehensible relationship with antisocial forces. Chapter VII Business Security Deposit (Business Security Deposit) Article 25 A traveler or a constituent who has concluded an arranged tour contract with the Company may receive reimbursement from the business security deposit deposited by the Company under Article 7, paragraph 1 of the Travel Agency Act with respect to claims arising from such transactions. 2 The name and location of the depositary where the Company has deposited the business guarantee money is as follows (i) Name Wakayama District Legal Affairs Bureau, Hashimoto Branch (ii) Address Hashimoto Godo Chosha 2F, 5-2-2 Higashiya, Hashimoto City, Wakayama Prefecture |