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AIRSERVE AGREEMENT

  • (1) The tours are planned, solicited and operated by Airserve Co., Ltd. The Governor of Tokyo Registered Travel Agent No.2-6836 (hereinafter referred to as “the Company”), and clients participating in such tours shall conclude an Agent-Organized Package Tour Contract (hereinafter referred to as the “Tour Contract”) with the Company.
  • (2) The Company shall provide tour arrangements and itinerary management so that the client receives transportation, accommodation and other tour-related services provided by transportation and accommodation facilities (hereinafter referred to as “Tour Services”) in accordance with the itinerary provided by the Company.
  • (3) The content and conditions of the Tour Contract shall be in accordance with provided related data, these tour conditions, instructions up until departure, guidance and warnings and other guides (hereinafter referred to collectively as provided related data), the final documents handed to the client prior to departure (Final Itinerary) and the Company’s Standard Terms and Conditions of Travel Contracts (Agent-Organized Package Tour Contracts).
  • (4) Services without arrangement of transportation or accommodation are not considered as Organized Tours.
  • (1) Please apply by filling in the required details in the application form designated by the Company or offices commissioned by the Company (hereinafter referred to as “the Companies”) and submitting the application form together with the application fee (All or part of the tour fee).
  • (2) The Companies may accept reservations for Tour Contract by telephone, mail or other means of communication. In such cases, the Tour Contract is not yet in effect at the time of the reservation, and, after the Companies have notified the client of the acceptance of the reservation, the client must submit the application form and the application fee, by the date specified in said notification. (In the case of reservations by telephone, etc., the contract will not yet be in effect.)
  • (3) The Tour Contract shall enter into effect upon the Companies’ consent to the conclusion of the contract and receipt of the payment of the application fee (all or part of the tour fee). If the client fails to pay the application fee by the date prescribed by the Company, the reservation shall be voided
  • (4) When applying for a party or group tour, the Companies may conduct transactions concerning the contract with the party/group’s representative, as the person responsible for the contract having all power of agency for the conclusion or cancellation of the contract.
  • (1) Please make applications for 2 or more persons. However, this does not apply to one-day trips, courses using night buses and certain other courses.
  • (2) Persons who are under the age of 20 at the time of application will require written consent from a parent, except in cases where they fulfill the conditions stipulated separately by the Company. Furthermore, persons who are under the age of 15 at the time of commencement of the tour must be accompanied by a guardian. In addition, applications and participation by minors traveling together may be refused.
  • (3) Applications for tours aimed at specific traveler categories or tours with specific purposes may be rejected if the applicant does not meet the prerequisites designated by the Company, such as gender, age, qualifications, skills and other requirements.
  • (4) Persons who require special attention for reason of chronic illness, general ill health, pregnancy or disability, and persons with helper dogs, please advise the Company of such requirements when applying for the tour. The Company will accommodate such requirements to the extent deemed feasible and reasonable. All costs required for special measures taken by the Company based on the client’s requests shall be borne by the client. Furthermore, in such cases, the Company may require the submission of a medical certificate from a physician or a designated “inquiry form”. In all cases, due to the local situation or conditions at relevant institutions, and in order to conduct the tour safely and smoothly, the Company may require that the client is accompanied by an escort, at the client’s expense, ask the client to change part of the contents of the course, recommend a different tour with a slower itinerary or reject the client’s participation in the tour.Clients participating in a tour while pregnant are required to do so at their own risk. However, when boarding a plane from the 36th week of pregnancy onwards (within 4 weeks prior to the due date of the birth), or when the due date of the birth is not clear, the submission of a medical examination report is required. Furthermore, clients boarding a plane within 7 days of the due date of the birth must be accompanied by an obstetrician.
  • *(Note) Expectant and nursing mothers are to submit one copy of a medical certificate that has been issued within 7 days of the departure date, clearly stating that “it is safe to board an airplane”. Please fill in the airline’s designated consent form at the airport.
  • (5) If the Company determines that the client requires medical diagnosis or treatment by a physician during the tour, owing to illness, injury or other reasons, the Company shall take the necessary measures to ensure smooth operation of the tour. All costs resulting from such measures shall be borne by the client.
  • (6) Independent activities for reasons of the client’s own choosing shall not be arranged. However, the Company may, depending on the tour course, arrange such activities under separate conditions. Furthermore, in the event that the client has to leave the tour group for reasons of their own choosing, they must first notify the Company, the tour conductor or the local attendant of the situation, as well as whether or not they will be returning.
  • (7) If the client fails to meet at the designated meeting place, such as the hotel or sightseeing spot, at the designated meeting time, without notify the Company, the Company may, in order to ensure the client’s safety, take necessary measures with various relevant organizations in order to search for the client, regardless of whether or not they are accompanied by someone. In such case, the costs of the search shall be borne by the client.
  • (8) The Company may reject an application if it determines that the client is likely to cause trouble for other travelers or interfere with the smooth conducting of the collective activities of tour participants.
  • (9) Applications may be rejected if any of the following (1) to (3) apply.
    • [1] If the client is found to be a member of a crime syndicate, an associate member of a crime syndicate, a person affiliated with a crime syndicate, a company affiliated with a crime syndicate, corporate racketeers or other organized crime.
    • [2] If the client makes violent or unreasonable demands of the Company, speaks or acts in a threatening way or uses violence with regard to a transaction, or engages in similar behavior.
    • [3] If the client spreads rumors or uses fraudulent means or intimidation to discredit the Company, or engages in acts to interfere with the business of the Company, or engages in similar behavior.
  • (10) Applications may be rejected due to other operational reasons of the Company.
  • (1) The Company shall submit to the client an itinerary and a contract document, which lists the details of Tour Services, other tour conditions and matters relating to the Company’s responsibilities, promptly after the client’s application. The contract document will be comprised of the provided related data listed in paragraph 1(3) of these tour conditions. The scope of the Tour Services for which the Company assumes liability for making arrangements and managing the itinerary under a Tour Contract is according to what is stated in the provided related data.
  • (2) After submitting the related data, stipulated in paragraph (1) of this Clause, the Company shall submit a Final Itinerary to the client, listing the finalized schedule and meeting places, etc., and the transportation and accommodation facilities to be used, by the day before the tour starts. (The Company will endeavor to submit the finalized itinerary around 5 days prior to the commencement of the tour.) However, it may be presented to the client on the day the tour starts if the application was made less than seven days prior to the commencement of the tour. Furthermore, for one-day trips and certain one night courses, it may be included in the provided related data, stipulated in paragraph (1) of this Clause. Even prior to the submission of the finalized itinerary, the Company shall explain the status of arrangements if it receives an inquiry from the client.
  • (1) The tour fee shall be paid no later than the 21st day prior to the day preceding the date of commencement of the tour. When the application is made on or after the 20th day prior to the day preceding the date of commencement of the tour, the tour fee shall be paid by the date specified by the Company.
  • (1) Clients aged 12 years or over shall be charged the adult fee, and those aged 6 to 11 years shall be charged the child fee unless otherwise specified. Furthermore, for courses including air travel, children aged between 3 and 5 years shall pay the infant fee. In each case, it is according to the starting date of the tour.
  • (2) Tour fees are indicated for each course. Please confirm the fees according to the departure date and the number of participants.
  • The “Payable Tour Fee” refers to the “amount listed as the tour fee” on the advertisements or provided related data. + “the amount listed as additional fees” – “the amount listed as a discount”. The total amount shall be the basis for the calculation of the “cancellation fee” (Clause 13(1)[1]), the “penalty” (Clause 14(1)[1]) and the “Compensation for Changes” (Clause 23).
  • (1) Fares and fees for transportation facilities, such as airlines, ships, railways and buses, which are specified in the itinerary (there are courses where clients can select the class and courses which use a particular class, and these are specified in the provided related data.)
  • (2) Accommodation fees specified in the itinerary plus tax and service fees
  • (3) Meal costs specified in the itinerary plus tax and service fees
  • (4) Sightseeing fees specified in the itinerary
  • (5) Costs required in order to be accompanied by a tour conductor, for courses including a tour conductor
  • ● In principle, refunds will not be given for the above fees even if clients choose not to use part of the relevant services.
  • Charges and expenses other than those specified in the preceding Clause 8, are not included in the tour fee. Some examples are as follows.
  • (1) Excess baggage fees (weights, volumes and quantities in excess of those set by each transportation facility)
  • (2) Laundry, telephone, additional meals and drinks and other expenses of a personal nature, as well as associated taxes and service fees
  • (3) Fees for optional tours only joined by those who wish to (mini tours for additional cost)
  • (4) Travel costs to and from the arrival/departure points, such as the airport, and accommodation costs for the day prior to the commencement of the tour and for the day the tour ends
  • (5) Fees for using airport traveler facilities
  • (6) Medical expenses for injuries and illness.
  • (7) Comprehensive insurance for domestic travel (voluntary insurance)
  • The Company may, after conclusion of the Tour Contract, make changes to the itinerary, Tour Services and other details of the Tour Contract, for reasons such as a natural disaster, war, rioting, an order of a government or other public offices, suspension of services rendered by transport/accommodation facilities, provision of transportation not based on the original operational plan, or other circumstances beyond the Company’s control, when unavoidable in order to ensure safe and smooth tour operation. In such cases, the Company must explain in a timely manner the reasons why such circumstances do not involve the Company as well as the causal relationship with the circumstances.
  • However, said explanation may be made after the changes have been made in case of emergency.
  • The Company may, after conclusion of the Tour Contract, make changes to the tour fees in the following cases.
  • (1) In the event that transportation facilities make significant revisions to their fees beyond that which could normally be expected, owing to significant fluctuations in economic conditions, the Company shall revise the tour fees only by the difference accordingly. However, when the tour fees are to be increased, the Company shall notify the client no later than the 15th day prior to the day preceding the date of commencement of the tour.
  • (2) If the tour contents have been changed in accordance with the preceding Clause 10 and the cost required to operate the tour is reduced, the Company shall revise the tour fees only by the difference accordingly.
  • (3) If the tour contents have been changed in accordance with the preceding Clause 10 and the cost required to operate the tour (including cancellation fees, penalties and other fees that have already been paid or which are due to be paid for tour services that could not be used because of the changes) has increased, the Company shall revise the tour fees only by the difference, except in the case of changes made due to over booking, where there are insufficient seats, rooms or other facilities, even though the transportation/accommodation facilities are providing services.
  • (4)If the Company specifies in the provided related data, that the tour fees are dependent on the number of users of the transportation/accommodation facilities, if there is a change in the number of the participants due to reasons not attributable to the Company, the Company shall change the tour fee within the allowable range specified in the provided related data.
  • (1) A client may, with the Company’s consent, transfer his/her status in the contract to a third party. In this case, the clients shall fill in the required information in the forms specified by the Company and submit it to the Company together with the specified handling fee.
  • (2) The transfer of status in the Tour Contract shall become valid by the consent of the Company, and the third party that received the transfer of status in the Tour Contract shall thereafter succeed all of the client’s rights and responsibilities under the Tour Contract in question.
  • (3) The Company may not be able to accept substitutions due to reasons such as registration of the name of travelers with Tour Services. In such cases, the client, as the contracted party, may cancel the contract in accordance with the following clause, and the client to whom the status in the Tour Contract was to be transferred may, in accordance with the provisions of these conditions, conclude a new Tour Contract with the Company.
  • (4) Comprehensive insurance for domestic travel requires a separate insurance contract.
  • (1) Cancellations prior to the commencement of the tour
    • [1] The client may cancel the Tour Contract at any time by paying a cancellation fee as stipulated below. The “Tour Contract Cancellation Date” in the schedule below is based on the receipt and confirmation of a request to cancel on a working day during the Company’s business hours.
Tour Contract Cancellation Date Cancellation fee
(Counting back from the day prior to the commencement of the tour) Tours with accommodation One-day trips
[1] Cancellation on or before the 21st day prior to the day preceding the date of the commencement of the tour Free-of-charge Free-of-charge
[2] Cancellation on or after the 20th day prior to the day preceding the date of the commencement of the tour (excluding [3] to [7]) 20% of the tour fee Free-of-charge
[3] Cancellation on or after the 10th day prior to the day preceding the date of the commencement of the tour (excluding [4] to [7]) 20% of the tour fee 20% of the tour fee
[4] Cancellation on or after the 7th day prior to the day preceding the date of the commencement of the tour (excluding [5] to [7]) 30% of the tour fee 30% of the tour fee
[5] Cancellation on the day preceding the commencement of the tour 40% of the tour fee 40% of the tour fee
[6] Cancellation on the day the tour starts (excluding[7]) 50% of the tour fee 50% of the tour fee
[7] Failure to show up without notice or cancellation after the commencement of the tour 100% of the tour fee 100% of the tour fee
Note: “After the commencement of the tour” refers “The time the receiving of the provided services began”, as provided for in the Special Compensation Rules, onwards
Examples of “After the commencement of the tour”
* In the case of the tour conductor, the Company’s staff, or reception personnel receiving clients: the time when the reception procedure has been completed
* In the case of the Company is not receiving clients and the clients have an airline ticket: the time when luggage inspections, etc., have been completed in the area of the airport where only passengers can enter
    • [2] Regardless of the provisions of Clause 13(1)[1], in any of the following cases, the client may cancel the Tour Contract prior to the start of the tour without paying a cancellation fee. In such cases, tour fees (or application fees) that have already been paid shall be fully refunded.
    • (a) If the contents of the contract have been changed. However, this is applicable only when the change is one mentioned in the left column of the schedule in Clause 23 or other significant changes.
    • (b) If the tour fee has been increased in accordance with the provisions of Clause 11(1).
    • (c) In cases where a natural disaster, war, rioting, an order of a government or other public offices, suspension of services provided by transportation and accommodation facilities, etc., or other causes make safe, smooth tour operation impossible, or there is a very large possibility of such impossibility arising.
    • (d) If the Company has not delivered the Final Itinerary to the client by the date prescribed in Clause 4.
    • (e) When tour operation as specified in the related data, becomes impossible owing to factors attributable to the Company.
    • [3] When the Tour Contract has been canceled in accordance with the provisions of paragraph (1)[1] of this Clause, the Company shall refund the remaining amount of the received tour fee after deducting cancellation fees.
    • [4] If, at the client’s discretion, the client does not receive part of the Tour Services, or the client leaves the group early, the client shall be deemed to have waived his/her rights and not refund will be given.
    • [5] The above cancellation fees shall apply even in cases where the course or departure date has been changed after the conclusion of the Tour Contract.
  • (2) Cancellations after the commencement of the tour
    • [1] If, at the client’s discretion, the client does not receive part of the Tour Services, or the client leaves the group early, the client shall be deemed to have waived his/her rights and not refund will be given.
    • [2] If, due to reasons not attributable to the client, it become impossible for the client to receive part of the Tour Services specified in the provided related data, or if the Company advised the client of the fact, the client may cancel the parts of the contract for the services he/she was unable to receive, without paying a cancellation fee. In such cases, the Company will refund the clients for the portion of the tour fee for the services he/she was unable to receive. However, if the circumstances are due to causes not attributable to the Company, the Company will refund to the client the said amount less the amount of the cancellation fee, the penalty, and any other cost which have already been paid or are due to be paid with respect to the Tour Services concerned.
  • (1) Prior to the commencement of the tour
    • [1] The Tour Contract may be canceled if the client does not pay the tour fee by the date stipulated in Clause 5. In this case, the client must pay the Company a penalty, the amount of which is equivalent to the cancellation fee specified in Clause 13(1)[1].
    • [2] In any of the following cases (a) to (h), the Company may cancel the Tour Contract.
      • (a) When it is found that the client does not satisfy the conditions for participation in the tour, with respect to gender, age, qualifications, skills, etc., which the Company has specified in advance.
      • (b) If it is considered that the client is not fit for the tour concerned for reasons of illness or for reasons specified in Clause 3(4), such as absence of a required assistant or other reasons.
      • (c) If it is considered that the client may give trouble to other clients or disturb the smooth operation of the group tour.
      • (d) If the client has demanded a burden exceeding a reasonable extent in relation to the contract contents.
      • (e) If it is found that the client falls under any of items (1) through (3) in Clause 3(9).
      • (f) If the number of clients has not reached the minimum number of participants mentioned on the website. In such cases, the Company shall notify the client of tour cancellation no later than the 13th day (3rd day for a one-day trip) prior to the day preceding the date of commencement of the tour.
      • (g) When the required conditions for the operation of the tour, which the Company specified in advance, cannot materialize, such as insufficient snowfall for ski tours, or there is a very large possibility that the required conditions will not be met.
      • (h) If a natural disaster, war, rioting, the suspension of services provided by transportation and accommodation facilities, etc., an order of a government or other public offices, or any other event in which the Company is unable to intervene has occurred, and the safe and smooth operation of the tour in accordance with the itinerary mentioned on the website, has become impossible, or there is a very large possibility of such impossibility arising.
    • [3] When the tour contract has been canceled in accordance with the provisions of paragraph (1)[2] of this Clause, the Company shall refund the full amount of the received tour fee.
  • (2) After the commencement of the tour
    • [1] In any of the following cases, the Company may cancel part of a Tour Contract, explaining the reason to the client, even after the commencement of the tour:
      • (a) If it is considered that the client is not fit to continue on the tour for reasons of illness or for reasons specified in Clause 3(4), such as absence of a required assistant or other reasons.
      • (b) If the client corrupts the discipline of group activities and disturbs the safe and smooth operation of the tour through not following the instructions of the tour conductor for the safe and smooth operation of the tour, or through violence or threat, etc., against these persons or other accompanying travelers.
      • (c) If it is found that the client falls under any of items (1) through (3) in Clause 3(9)
      • (d) If a natural disaster, war, rioting, the suspension of services provided by transportation and accommodation facilities, etc., an order of a government or other public offices, or any other event in which the Company is unable to intervene has occurred, and it has become impossible to continue the tour.
    • [2]Effect of cancellation and refunds
    • If the Company cancels the Tour Contract in accordance with paragraph (2)[1] of this Clause, the contractual relationship between the Company and the client may cease to exist at and after the time of the cancellation. The Company’s obligations with regard to the Tour Services already received by the client shall be deemed as having been fulfilled. In such cases, the Company shall refund the client, out of the tour fee, the amount for that part of the Tour Services which have not yet been received by the client, less the amount of the cancellation fee, the penalty, and any other costs which have already been paid or due to be paid with respect of the provider of the Tour Services concerned.
    • [3] When the Company cancels the Tour Contract in accordance with paragraph (2)[1] items (a) and (d) of this Clause, the Company shall make the necessary arrangements, as requested by the client, for the clients return to the point of departure. All costs required for such arrangements shall be borne by the client.
  • (1) If the tour fee has been reduced in accordance with the provisions of Clause 11, paragraphs (1), (2) and (4), or the client or the Company has canceled a Tour Contract in accordance with the provisions of Clauses 13 and 14, resulting in an amount which should be refunded to the client, the Company shall refund the said amount to the client within 7 days of the day following the date of the cancellation in case of a refund due to cancellation before the commencement of the tour, or within 30 days of the day following the date of end of the tour mentioned in the contract document in case of a refund due to reduction of the amount or cancellation after the commencement of the tour.
  • The Company shall conduct the following operations and make efforts to secure the safe and smooth operation of the tour for the client.
  • However, this shall not apply if a special contract has been concluded with the Company which is different from this.
  • (1) When the Company confirms that the client may be not able to receive the specified Tour Services during the tour, the Company shall take all necessary measures to ensure that the client will receive tour service as specified in the Tour Contract.
  • (2) When the Company must change details of the contract even after taking measures specified in paragraph (1) of this Clause, the Company shall arrange alternative services. In such cases, when changing the itinerary, efforts must be made to make the itinerary after the change conform to the purposes of the original itinerary. Furthermore, efforts must be made to minimize the change to the contents of the contract, such as making an effort to make the Tour Services after the change similar to the original Tour Services when changing the contents of the Tour Services.
  • (3) If the Company considers that a client is in need of protection due to illness, injury, etc., during the tour, it may take necessary measures. In this case, if the case is due to causes not attributable to the Company, the cost required for the measures taken shall be borne by the client and the client must pay the said cost by the date designated by the Company and by the method designated by the Company.
  • The client must follow instructions of the Company for the safe and smooth operation of the tour when acting in a group during the period between the commencement of the tour and the end of the tour.
  • (1) The presence or absence of an accompanying tour conductor will be specified in the provided related data.
  • (2) For tours with an accompanying tour conductor, or tours with an accompanying local tour conductor, the conductor (or the local conductor) shall provide all or part of the services necessary for smooth tour operation as well as services considered necessary by the Company.
  • (3) In principle, the tour conductor shall provide services from 08:00 to 20:00.
  • (4) For courses without an accompanying tour conductor, clients will be provided with coupons required to receive the Tour Services, so clients will be responsible for procuring the services themselves.
  • (5) In cases where Tour Services must be altered owing to inclement weather or other conditions during portions of the tour unaccompanied by a local tour conductor, clients shall be responsible for arranging alternative services on their own behalf.
  • (6) Some courses may be accompanied by staff members who are qualified tour conductors and have long experience as a bus guide, and they will serve as both the tour conductor and the bus guide.
  • (1) In performing its obligations under the terms of the Tour Contract, should the Company or the person whom the Company has had make arrangements (hereinafter referred to as “Arrangements Agent”) cause damage to the client intentionally or by gross negligence, the Company shall be liable for such damages.
  • (2) The provisions of paragraph (1) of this Clause shall apply only in the event that the Company has been informed within 2 years of the day following the date of occurrence of the damages.
  • (3) The Company shall not be liable for damages incurred by clients as stipulated in paragraph (1) of this Clause if any of the following reasons apply. However, this shall not apply if the intention or negligence of the Company or the Company’s Arrangements Agent has been proven.
    • (a) A natural disaster, war, rioting, and alteration or cancellation of tour itinerary due to such causes.
    • (b) Suspension of services provided by transportation and accommodation facilities, etc., or tour itinerary alteration or cancellation owing to such causes.
    • (c) An order of a government or other public offices, isolation resulting from infectious diseases, and tour itinerary alteration or cancellation owing to such causes.
    • (d) Accidents occurring during the client’s free activities.
    • (e) Food poisoning.
    • (f) Theft.
    • (g) Delays, stoppages, changes in schedule and changes in route in relation to transportation facilities, and tour itinerary alterations and/or shortened stays at destinations owing to such causes.
    • (h) Accidents involving transportation or accommodation facilities, damage by fire.
  • (4) In the case of damage to hand luggage, the Company shall only be liable for such damages under the provisions of paragraph (1) of this Clause in the event that the Company has been informed within 14 days of the day following the date of occurrence of the damages. However, regardless of the amount of damage, the Company shall pay damages of up to a maximum of 150,000 yen per person (Except in cases of willful or gross negligence by the Company).
  • (1) Regardless of whether or not the Company is liable in accordance with the preceding clause, if in the course of the package tour the client is physically injured due to a sudden and unexpected external event, under the provisions of the “Special Compensation Rules” of the Standard Terms and Conditions of Travel Contracts, the Company shall pay, as compensation for the death or compensation for residual disability incurred by the client, 15 million yen (maximum), and whichever is highest out of a solatium for hospitalization, 20,000 to 200,000 yen depending on the length of hospital stay, or a solatium for hospital visits (3 or more days), 10,000 to 50,000 yen,; for damage to baggage, the Company will pay compensation for damages (up to a maximum of 150,000 yen) (however, the maximum compensation for a single item or pair of items is 100,000 yen). However, for days where it has been made clear in the itinerary that the Company will not be arranging the provision of any Tour Services, and limited to cases where the Company has made it clear that the compensation will not be paid for damages suffered on those days, the client will not be considered to be participating in the tour. Furthermore, compensation will not be paid for cash, credit cards, valuables, drugs, cosmetics, consumables such as food and drink products, photographic film that has been shot and manuscripts, etc., stored on recordable media.* Does not apply to medical treatment to treat injuries due to accident, death or medical expenses due to illness, compensation for damages, expenses for rescuers, etc.
  • (2) The Company shall not pay compensation or provide a solatium as stipulated in paragraph (1) of this Clause when damages result from the client’s willful negligence, willful violation of the law or receiving of illegal services, driving while intoxicated, illness, pregnancy, childbirth, premature birth, or miscarriage. The same restriction applies to accidents occurring during such dangerous activities as mountain climbing (using mountain climbing equipment such as ice axes, crampons, ropes and hammers), luge, bobsleigh, skydiving, hang-gliding, ultralight aviation (motor hang-glider, microlight aircraft, ultralight aircraft, etc.), or gyroplane flying and others not included in the Agent-Organized Package Tour and engaged in during a client’s free time, as well as in the case of accidents due to earthquakes, volcanic eruptions and tsunamis and the disorder and confusion following such events. However, this does not apply in cases where such activities are included in the itinerary.
  • (3) Even in cases where the Company incurs both the obligation to pay compensation in accordance with paragraph (1) of this Clause, and the liability for damages in accordance with the preceding clause, when one of said obligations has been performed, both the obligation to pay compensation and the liability for damages shall be deemed to have been performed within its monetary limits.
  • (1) The Company shall require the client to indemnify the Company for losses sustained owing to a client’s willful negligence, fault, conduct against public order and good manners, or breach of provisions in the Company’s Agent-Organized Package Tour Contract.
  • (2) The client is required to make every effort to utilize information provided by the Company and to understand the details of his/her rights, obligations and other details of Tour Contract as specified on the website and in provided related data.
  • (3) After the commencement of the tour, if a client should find that the Tour Service provided is different from that specified in the provided related data, the client is required to report the discrepancy to either the tour conductor, the local guide, the local arrangement agents or the relevant Tour Service providers, at the tour destination.
  • (1) Among the mini tours aimed at clients participating in the Company’s package tours, which are operated after receiving payment of additional tour fees (hereinafter referred to as “Optional Tours”), those Optional Tours organized and operated by the Company shall be treated as part of the main Tour Contract with respect to the application of Special Compensation in Clause 20.
  • (2) When participating in an optional tour organized and operated by someone other than the Company, the Special Compensation Rules in Clause 20 shall apply; however, the Company shall not be subject to any other liabilities.
  • (1) Should major changes occur in Tour Contract contents as stated in the left-hand column of the following schedule, except for changes mentioned in [1] through [3] below, the Company shall calculate the amount of compensation for changes by multiplying the tour fees by the rate indicated in the right-hand column of the schedule, and refund the client within 30 days counting from the day after the tour ends. However, if it is evident that liability as set forth in Clause 19(1) occurs owing to said changes, the Company shall pay the amount not as compensation for changes but as either a portion or total amount of compensation for damages.
    • [1] The Company shall not pay compensation for changes when they occur for the following reasons. However, compensation shall be paid in the event of shortage (overbooking) of seats, rooms and other facilities at transportation and accommodation facilities, etc., even when services are provided.
    • (a) Bad weather and natural disasters which hinder the tour itinerary.
    • (b) War.
    • (c) Rioting.
    • (d) Order of a government or other public offices.
    • (e) Suspension of services provided by transportation and accommodation facilities, etc., such as cancellation, interruption and cessation.
    • (f) Provision of transport services different from the original schedule, owing to delays, interruptions or changes in operation schedules.
    • (g) Measures necessary for securing the safety of a tour participant’s life or person.
    • [2] If the cancellation in the Tour Contract is made in accordance with Articles 13 and 14, and changes occur in such canceled portions, the Company shall not pay compensation for changes.
    • [3] Even if changes occur to the order in which the Tour Services listed in the provided related data are received, the Company shall not pay compensation if provision of said tour services has been received during the tour.
  • (2) Regardless of the provisions of paragraph (1) of this Clause, the maximum amount of compensation for changes payable by the Company under a single Tour Contract shall be the tour fee multiplied by 15%. Furthermore, if the amount of compensation for changes payable under a single Tour Contract is less than 1,000 yen, the Company shall not pay the compensation for changes.
  • Changes requiring payment of compensation for change Percentage per incident
    If the client is notified by the day prior to the commencement of the tour If the client is notified after the start the of tour
    [1] Changes in tour start or end dates specified on the website and in provided related data. 1.5% 3.0%
    [2] Changes in destination or entry to tourist spots and/or facilities (including restaurants), stated on the website and in provided related data. 1.0% 2.0%
    [3] Changes in class of transport facilities or facilities as stated on the website and in provided related data. to those of lower cost (limited to cases when the total price after change to class of transport facilities or facilities becomes lower than the amount stated in the contract document) 1.0% 2.0%
    [4] Changes in the type of transport facility or of the name of the company operating them as stated on the website and in provided related data. 1.0% 2.0%
    [5] Changes to the flight at the airport in the location of the commencement of the tour in Japan or to the flight at the airport in the location of the end of the tour as listed on the website and in provided related data. 1.0% 2.0%
    [6] Changes in the type or name of accommodation facility as stated on the website and in provided related data. 1.0% 2.0%
    [7] Changes in type of rooms, facilities, the view, or other room condition at accommodation facilities as stated on the website and in provided related data. 1.0% 2.0%
    [8] Changes in items [1] through [8] which are listed in the tour title in on the website and in provided related data. 2.5% 5.0%
    Note 1: When the Final Itinerary has been issued, this schedule shall apply by reading provided related data. as “Final Itinerary.” In such cases, if a change occurs between the contents specified in the provided related data., and the contents specified in the Final Itinerary, or between the contents specified in the Final Itinerary and the actual Tour Services provided, the respective changes each change shall be treated as one change.
    Note 2: If the transportation facility involved in the changes in [3] or [4] accompanies the use of an accommodation facility, each overnight stay shall be treated as one change.
    Note 3: This shall not apply to changes to the name of the transport facility mentioned in [4] involving a change to facilities with a higher class or facilities.
    Note 4: Even if the changes stated in [4], [7] or [8] occur multiple times within a single train, automobile or ship ride, or a single overnight stay, each ride or overnight stay shall be treated as one change.
    Note 5: For changes mentioned in [9], the percentages in [1] through [8] will not apply, and the rate in [9] shall be applied.
  • (3) Instead of a monetary payment as compensation for changes, the Company may indemnify the client by offering items or services of equal or higher value, if the client so agrees.
  • (4) If, after the Company has compensated for changes made in accordance with the provisions of paragraph (1) of this Clause, it becomes evident that the Company is responsible for the changes as stated in Clause 19(1), the client must return the compensation for the changes to the Company. In such cases, the Company shall pay compensation for damages to the client in accordance with the provisions in Clause 19 after deducting the sum of compensation for changes to be returned by the client.
  • The record date for the conditions and fees for the tour is the date specified in the provided related data.
  • If an accident, etc., occurs during the tour, please notify the contact listed on the Final Itinerary immediately.
    (If the situation makes it impossible to give notification, please do so once the situation has passed.)
  • Airserve shall use the personal information provided in the tour application forms only for communicating with the client and for arranging transportation and accommodations to provide the services requested by the client.
  • (1) The client shall pay the expenses incurred when he or she asks for the personal accompaniment of a tour conductor for such purposes as guiding and shopping, etc., costs arising from client injury or illness, the return of lost baggage or articles left behind owing to personal negligence, as well as changes incurred for arrangements for independent activity.
  • (2) The Company may take clients to souvenir shops for their convenience; however, clients shall accept all responsibility for any decisions regarding purchases at such shops.
  • (3) Even if Mt.Fuji and others are invisible due to the weather conditions etc. The tour will not be cancelled or fare will not be refunded. and also under no circumstances will the company re-operate a tour.
  • (4) By joining the Company’s Agent-Organized Package Tours, clients may be eligible for mileage services provided by airlines. Clients shall directly contact the corresponding airline for inquiries regarding or registration for such services. Furthermore, in the event that the client is unable to receive the services scheduled to be received owing to changes in airline used, the Company shall not be subject to the liabilities set forth in Clauses 19-(1) and 23-(1).
  • (5) Matters not provided for in these terms and conditions shall be governed by the Company’s Standard Terms and Conditions of Travel Contracts (Agent-Organized Package Tour Contracts). If you would like a copy of the Company’s Standard Terms and Conditions of Travel Contracts, please ask the Company for one. The Company’s Standard Terms and Conditions of Travel Contracts can also be seen on the Company’s website.
  • (6) This Travel Contract between the client and Airserve shall be governed by and construed in accordance with the laws of Japan.
  • (7) Any questions arising out of this contract , or any matters not stipulated here in shall be settled each time by amicable negotiation between the client and Airserve. If the negotiation fails to reach a mutual agreement, the matter shall be submitted to the exclusive jurisdiction of Tokyo District Court of Japan for the settlement.