Standard Terms for Domestic Travel

Article 1 (Purpose)

The purpose of these Terms is to set out the detailed performance of, and the matters to be observed under, a domestic travel contract concluded between the travel agency and the traveller.

Article 2 (Types and definitions of travel)

The types of travel and their definitions are as follows.

1. Open-recruitment travel: travel carried out by recruiting travellers on travel conditions established by the travel agency.

2. Bespoke travel: travel carried out by the travel agency on travel conditions requested by the traveller.

3. Consigned-recruitment travel: travel carried out by consigning the recruitment of travellers for a package created by the travel agency to another travel business.

Article 3 (Duties of the travel agency and the traveller)

① In order to provide the traveller with a safe and satisfactory travel service, the travel agency shall faithfully perform the duties assigned to it in establishing and carrying out the travel plan, including travel arrangement and guidance, transport and accommodation.

② For a safe and enjoyable journey, the traveller shall actively cooperate in promoting harmony among travellers and in the travel agency’s maintenance of travel order.

Article 4 (Composition of the contract)

① The travel contract comprises the travel contract document (attached), the travel terms and the itinerary (or travel description).

② The travel contract document shall include the travel agency’s trade name and address and details of its guarantee insurance or equivalent under Article 9 of the Tourism Promotion Act (or the status of its deposited business guarantee).

③ The itinerary (or travel description) shall include the destinations by date and the sightseeing content, means of transport, number of shopping stops, places of accommodation and meals, together with the services provided by the travel agency and the matters requiring the traveller’s attention.

Article 5 (Refusal to conclude a contract)

The travel agency may refuse to conclude a contract with a traveller where any of the following applies to that traveller.

1. Where individual care is required by reason of illness, physical condition or the like, or where it is found that the smooth conduct of group travel would be impeded (including by causing disruption to other travellers’ travel)

2. Where the maximum number of participants stated in the contract document has been exceeded

Article 6 (Special agreement)

The travel agency and the traveller may make a special agreement in writing (including an electronic document; the same applies below) to the extent that it does not contravene the relevant statutes. In that case the travel agency shall explain to the traveller that the content of the special agreement differs from the standard form and takes precedence over it, and shall obtain separate confirmation.

Article 7 (Delivery of the contract document and provision of safety information)

Where the travel agency has concluded a travel contract with a traveller, it shall deliver one copy each of the contract document, the travel terms and the itinerary (or travel description) to the traveller, and shall provide safety information concerning the destination. Where the safety information for that destination changes before departure, it shall also provide the changed safety information.

Article 8 (Deemed delivery of the contract document and terms)

In the following cases the travel agency is deemed to have delivered the travel contract document, the travel terms and the itinerary (or travel description) to the traveller.

1. Where the traveller has agreed to the contents of the travel contract document, terms and itinerary (or travel description) provided over the internet or another electronic information network and has applied to conclude the travel contract, and the travel agency has notified the traveller of its acceptance using an electronic information network or mechanical device

2. Where the traveller has agreed to the contents of the travel contract document, terms and itinerary (or travel description) provided by the travel agency using a facsimile or other mechanical device and has sent a written application to conclude the travel contract, and the travel agency has notified the traveller of its acceptance using an electronic information network or mechanical device

Article 9 (Travel fee)

① The travel fee in the travel contract document includes the following. For bespoke travel, however, it follows the agreement of the parties.

1. Fares of the transport operators used, such as aircraft, vessels and railways (at ordinary fare rates)

2. Transfer bus fares, such as between the airport, station or port and the hotel

3. Accommodation charges and meal charges

4. Guide expenses

5. Taxes of all kinds required during travel

6. Domestic airport and port usage fees

7. Admission fees to sightseeing sites on the itinerary

8. Other costs under an individual contract

② On concluding the contract the traveller shall pay the travel agency a deposit (an amount not exceeding 10% of the travel fee), and the deposit is treated as the whole or part of the travel fee or of damages.

③ The traveller shall pay the travel agency the balance of the travel fee under paragraph 1, less the deposit, by the day before departure.

④ The traveller shall pay the travel fee under paragraph 1 by card, account transfer, cash deposit or another method as agreed between the parties.

⑤ Where traveller’s insurance is included in a bespoke travel fee, the travel agency shall explain the name of the insurer, the cover and other details to the traveller.

Article 10 (Grounds for changing travel conditions, and settlement of fees)

① The travel conditions stated in the contract document and related documents may be changed only in one of the following cases.

1. Where both parties have agreed that a change is unavoidable, at the traveller’s request or because of local circumstances, for the traveller’s safety and protection

2. Where the purpose of the travel cannot be achieved because of a natural disaster, war, a government order, or a strike or closure of a transport or accommodation operator

② Where the travel agency changes the itinerary stated in the contract document or related documents, it shall obtain the traveller’s written consent before that day’s itinerary begins. The written consent shall state the date and time of the change, its content and the costs arising from it.

③ Where an urgent situation such as a natural disaster, accident or abduction arises and it is found difficult to obtain the traveller’s consent to the change of itinerary, the consent form under paragraph 2 need not be obtained. The travel agency shall, however, explain the reason for the change and the costs in writing afterwards.

④ Where a change of travel conditions under paragraph 1 causes an increase or decrease in the travel fee under Article 9(1), the amount arising before departure shall be settled (refunded) before departure, and the amount arising during travel within 10 days after the travel ends.

⑤ Where travel conditions are changed otherwise than under paragraph 1, or damages arise from rescission or termination of the contract under Articles 13 to 15, the amount arising before departure shall be settled before departure, and the amount arising during travel within 10 days after the travel ends.

⑥ Where, after departure, the traveller does not receive a service included in the travel fee such as accommodation, meals or sightseeing for reasons of their own, the traveller may not claim a refund of the corresponding fee from the travel agency. Where the travel ends part-way through, however, Article 15 applies with the necessary modifications.

Article 11 (Transfer of the traveller’s position)

① To transfer their position as traveller, for personal reasons or otherwise, the traveller must obtain the travel agency’s consent. The travel agency may consent to the transfer on condition that the traveller, or the person acquiring the position, pays the costs arising from the transfer.

② Where costs arise from the transfer under the preceding paragraph, the travel agency shall set a deadline and request payment of those costs.

③ The travel agency may withhold consent to the transfer under paragraph 1 on grounds such as the contract conditions or unavoidable circumstances making transfer difficult.

④ The transfer under paragraph 1 takes effect when the travel agency consents. Where the travel agency has consented on condition that the costs arising from the transfer are paid, however, it takes effect as soon as those costs are paid within the set deadline.

⑤ Once the traveller’s position is transferred, all of the traveller’s rights and obligations relating to the travel contract also pass to the person acquiring that position.

Article 12 (Liability of the travel agency)

① Where the travel is defective, the traveller may request the travel agency to cure the defect or to reduce the price. The traveller may not request cure, however, where cure would involve excessive cost or where cure cannot reasonably be expected for some other reason.

② The traveller may claim damages in place of a request for cure or for reduction, or may claim damages together with such a request.

③ The rights under paragraphs 1 and 2 may be exercised during the travel period as well, and must be exercised within 6 months from the day the travel ends.

④ The travel agency is liable where, from departure until arrival, the travel agency itself or its employees, or the local travel agency or its employees (below, ‘persons employed’), cause loss to the traveller intentionally or negligently in connection with the travel agency’s duties under Article 3(1).

⑤ The travel agency shall compensate loss suffered by the traveller through the late departure or arrival of transport such as aircraft, trains and vessels, or through traffic congestion. This does not apply, however, where the travel agency proves that there was no intent or negligence on its part.

⑥ Unless the travel agency proves that neither it nor its persons employed neglected due care in receiving, delivering or keeping the traveller’s baggage, it shall compensate loss arising from the loss, damage or delay of that baggage.

Article 13 (Rescission of the contract before departure)

① The travel agency or the traveller may rescind this travel contract before departure. The loss arising in that case is compensated in accordance with the ‘Consumer Dispute Resolution Standards’ (notification of the Fair Trade Commission).

② Where any of the following applies before departure, the travel agency or the traveller may rescind this travel contract without paying the other party the damages under paragraph 1.

1. Cases in which the travel agency may rescind

(a) The cases under Article 10(1)1 and 2

(b) Where it is found that the traveller is causing trouble to other travellers or that there is a significant impediment to the smooth conduct of the travel

(c) Where participation in the travel has become impossible because of illness or another physical condition of the traveller

(d) Where the traveller does not pay the travel fee by the date stated in the contract document

2. Cases in which the traveller may rescind

(a) The cases under Article 10(1)1 and 2

(b) Where the travel agency has not taken out the mutual aid or guarantee insurance under Article 18, or has not deposited a business guarantee

(c) Where a relative of the traveller within the third degree of kinship has died

(d) Where participation in the travel has become impossible because of illness or another physical condition of the traveller

(e) Where the traveller’s spouse or a lineal ascendant or descendant is admitted to hospital (or a clinic) for 3 days or more because of a physical condition and discharge before departure is difficult — for that spouse, or for one carer

(f) Where travel on the itinerary stated in the contract document has become impossible for reasons attributable to the travel agency

Article 14 (Rescission where the minimum number of participants is not met)

① Where the travel agency rescinds the travel contract because the minimum number of participants has not been met, it shall notify the traveller at least 24 hours before departure for a day trip, and at least 48 hours before departure for travel of two days or more.

② Where the travel agency rescinds the contract for want of participants without giving notice within the period under the preceding paragraph, it shall, in addition to refunding the deposit already received, compensate the traveller in an amount equivalent to 100% of the deposit.

Article 15 (Termination of the contract after departure)

① Where there is an unavoidable reason after departure, either party may terminate the travel contract. Where that reason arose through the fault of one party, however, that party shall compensate the other party’s loss.

② Where the travel contract is terminated under paragraph 1, a travel agency under a duty of return transport has a duty to return the traveller.

③ Additional costs arising from termination under paragraph 1 are borne by the party to whose circumstances the ground for termination belongs; where it belongs to the circumstances of neither party, each party bears 50% of the additional costs.

④ Where the travel is seriously defective and the defect is not cured, or performance in accordance with the contract cannot be expected, the traveller may terminate the contract.

⑤ Where the contract is terminated under paragraph 4, the travel agency loses its right to claim the price. Where the traveller has obtained a benefit from the travel performed, however, the traveller shall reimburse that benefit to the travel agency.

⑥ Where the contract is terminated under paragraph 4, the travel agency bears the duty to take the measures made necessary by the termination and, where it has a contractual duty of return transport, shall return the traveller. The cost of return transport is in principle borne by the travel agency, but where there is substantial reason the travel agency may charge the traveller part of that cost.

Article 16 (Beginning and end of the travel)

Travel begins at the moment of departure and ends when the itinerary is completed and the final destination is reached. This does not apply where the contract or the itinerary is changed.

Article 17 (Duty to explain)

The travel agency shall explain the important contents set out in this contract document, and any changes to them, so that the traveller can understand them.

Article 18 (Insurance and equivalent cover)

The travel agency shall take out insurance or mutual aid to pay insurance money to the traveller where loss arises to the traveller in connection with the travel, or shall deposit a business guarantee.

Article 19 (Other matters)

① Any matter not stated in this contract, or any dispute over its interpretation, is decided by agreement between the travel agency and the traveller; where no agreement is reached, the relevant statutes and general practice apply.

② Where travel to a special region is involved and there is a legitimate reason, provision may be made differently from the contents of this standard form.