Terms and Conditions for International Customers
Important Notice for Customers Outside Japan
These Terms and Conditions apply to all customers who use the services of the Biwako Otsu Tourism Association, including customers who reside outside Japan or access or purchase the services from outside Japan. By using the services, you acknowledge that the relevant contract is entered into with a Japan-based service provider and is governed by the applicable terms set out below, Japanese law, and the jurisdiction provisions stated herein.
By using the services provided by the Biwako Otsu Tourism Association (referred to below as “the Association,” “we,” “us,” or “this Site”), you are deemed to have read and understood these Terms and Conditions and to have agreed to be bound by them. If you do not agree to any part of these Terms and Conditions, you may not use the services.
The terms that apply differ depending on the service you use:
1. When booking a tour: Standard General Conditions of Travel Agency Business (Agent-Organized Tour Contract)
2. When purchasing an event ticket: Terms of Use for the Event Admission Ticket Sales Service
Language and legal effect
This English translation is provided for the convenience of international customers. The Japanese text is the official and controlling version. If there is any discrepancy, inconsistency, or difference in interpretation between the Japanese text and this English translation, the Japanese text shall prevail.
STANDARD GENERAL CONDITIONS OF TRAVEL AGENCY BUSINESS
(Agent-Organized Tour Contract)
Chapter I: General Provisions
Article 1 (Scope of Application)
1. A contract for an agent-organized tour entered into between the Association and a traveler (hereinafter referred to as an “Agent-Organized Tour Contract”) shall be governed by these General Conditions. Matters not provided for in these General Conditions shall be governed by applicable laws and regulations or generally established customs.
2. Notwithstanding the preceding paragraph, where the Association enters into a special agreement in writing with a traveler, provided that such agreement does not violate any law or regulation and is not disadvantageous to the traveler, such special agreement shall prevail.
Article 2 (Definitions)
1. In these General Conditions, an “Agent-Organized Tour” means a tour for which the Association prepares, in advance for the purpose of soliciting travelers, a travel plan specifying the destination and itinerary, the transportation or accommodation services to be provided to travelers, and the amount of the tour price payable by travelers to the Association, and which is operated in accordance with that plan.
2. In these General Conditions, a “Domestic Tour” means a tour conducted entirely within Japan, and an “Overseas Tour” means any tour other than a Domestic Tour.
3. In this Part, a “Communications Contract” means an Agent-Organized Tour Contract entered into between the Association and a cardholder of a credit card company affiliated with the Association or with a company that sells the Association’s Agent-Organized Tours on behalf of the Association (an “Affiliated Company”), following an application made by telephone, mail, facsimile, the Internet, or another means of communication. Under such contract, the traveler agrees in advance that claims and obligations relating to the tour price and other amounts arising under the Agent-Organized Tour Contract will be settled on or after the due date in accordance with the cardholder agreement of the Affiliated Company, and that the traveler will pay the tour price and other amounts in the manner prescribed in Article 12, paragraph 2; the latter part of Article 16, paragraph 1; and Article 19, paragraph 2.
4. In these General Conditions, “Card Use Date” means the date on which the traveler or the Association is required to perform an obligation to pay or refund the tour price or other amount under an Agent-Organized Tour Contract.
Article 3 (Contents of the Tour Contract)
Under an Agent-Organized Tour Contract, the Association undertakes to arrange and manage the itinerary so that the traveler may receive transportation, accommodation, and other travel-related services provided by transportation and accommodation providers and other service providers (collectively, “Tour Services”) in accordance with the itinerary determined by the Association.
Article 4 (Arrangement Agents)
In performing an Agent-Organized Tour Contract, the Association may have all or part of the arrangements carried out by another travel agent, a person engaged in the business of making arrangements, or another assistant, whether located in or outside Japan.
Chapter II: Formation of the Contract
Article 5 (Application for the Contract)
1. A traveler wishing to apply for an Agent-Organized Tour Contract shall complete the application form prescribed by the Association (the “Application Form”) and submit it to the Association together with an application deposit in the amount separately specified by the Association.
2. Notwithstanding the preceding paragraph, a traveler wishing to apply for a Communications Contract shall notify the Association of the name of the Agent-Organized Tour, the tour commencement date, the traveler’s membership number, and other required information (collectively, the “Membership Number and Other Information”).
3. The application deposit referred to in paragraph 1 shall be applied toward the tour price, cancellation charge, or penalty charge.
4. A traveler who requires special consideration in participating in an Agent-Organized Tour must notify the Association at the time of application. The Association will accommodate such requests to the extent reasonably possible.
5. Any expenses incurred by the Association in taking special measures for the traveler based on the request in the preceding paragraph shall be borne by the traveler.
Article 6 (Reservations by Telephone or Other Means)
1. The Association may accept reservations for an Agent-Organized Tour Contract by telephone, mail, facsimile, the Internet, or another means of communication. In such case, the contract is not formed at the time of reservation. After the Association notifies the traveler that the reservation has been accepted, the traveler must, within the period specified by the Association, submit the Application Form and application deposit or notify the Association of the Membership Number and Other Information in accordance with Article 5, paragraph 1 or 2.
2. Where the Application Form and application deposit have been submitted, or the Membership Number and Other Information have been notified, in accordance with the preceding paragraph, priority for entering into the Agent-Organized Tour Contract shall be determined by the order in which the reservations were received.
3. If the traveler does not submit the application deposit or notify the Association of the Membership Number and Other Information within the period specified in paragraph 1, the Association shall treat the reservation as if it had not been made.
Article 7 (Refusal to Enter into a Contract)
The Association may refuse to enter into an Agent-Organized Tour Contract in any of the following cases:
(1) The traveler does not satisfy the conditions for participating travelers that the Association has specified in advance, such as sex, age, qualifications, or skills;
(2) The number of applicants has reached the planned capacity;
(3) The traveler is likely to cause inconvenience to other travelers or interfere with the smooth conduct of the group tour;
(4) In the case of a proposed Communications Contract, the traveler is unable to settle all or part of the obligations relating to the tour price or other amounts in accordance with the cardholder agreement of the Affiliated Company, for example because the traveler’s credit card is invalid;
(5) The traveler is deemed to be a member or associate member of an organized crime group, a person affiliated with an organized crime group, an entity affiliated with an organized crime group, a corporate racketeer, or another anti-social force;
(6) The traveler has made violent or unreasonable demands upon the Association, used threatening words or conduct or violence in connection with a transaction, or engaged in similar conduct;
(7) The traveler has spread false rumors, used fraudulent means or force to damage the Association’s credibility or obstruct its business, or engaged in similar conduct; or
(8) There are other operational reasons of the Association.
Article 8 (Time of Formation of the Contract)
1. An Agent-Organized Tour Contract is formed when the Association accepts the traveler’s application and receives the application deposit prescribed in Article 5, paragraph 1.
2. Notwithstanding the preceding paragraph, a Communications Contract is formed when notice of the Association’s acceptance of the contract reaches the traveler.
Article 9 (Delivery of Contract Document)
1. Promptly after the contract is formed under the preceding Article, the Association shall provide the traveler with a document stating the itinerary, the contents of the Tour Services, the tour price, other travel conditions, and matters concerning the Association’s liability (the “Contract Document”).
2. The scope of the Tour Services that the Association is obligated to arrange and manage under the Agent-Organized Tour Contract shall be as stated in the Contract Document.
Article 10 (Final Document)
1. If the finalized itinerary or the names of transportation or accommodation providers cannot be stated in the Contract Document referred to in Article 9, paragraph 1, the Association shall list in that document the accommodation providers expected to be used and the transportation providers whose identification is material. The Association shall then provide a document stating the finalized details (the “Final Document”) by the date specified in the Contract Document, which shall be no later than the day before the tour commencement date; provided, however, that if the application for the Agent-Organized Tour Contract is made on or after the seventh day before the tour commencement date, the Final Document may be provided by the tour commencement date.
2. If a traveler requests confirmation of the status of arrangements in a case described in the preceding paragraph, the Association shall respond promptly and appropriately, even before delivery of the Final Document.
3. When the Final Document is delivered under paragraph 1, the scope of the Tour Services that the Association is obligated to arrange and manage under Article 9, paragraph 2 shall be specified by the contents of the Final Document.
Article 11 (Use of Information and Communications Technology)
1. With the traveler’s prior consent, the Association may provide, by means of information and communications technology, the matters that would otherwise be stated in the written document delivered to the traveler when entering into an Agent-Organized Tour Contract, the Contract Document, or the Final Document. In such case, the Association shall confirm that those matters have been recorded in a file on the communication device used by the traveler.
2. If the communication device used by the traveler does not contain a file in which the matters can be recorded, the Association shall record them in a file on a communication device used by the Association that is made available exclusively to that traveler, and shall confirm that the traveler has viewed the recorded matters.
Article 12 (Tour Price)
1. The traveler must pay the tour price stated in the Contract Document to the Association by the date specified in the Contract Document, which shall be no later than the tour commencement date.
2. Where a Communications Contract has been entered into, the Association shall receive payment of the tour price stated in the Contract Document using the card of the Affiliated Company, without obtaining the traveler’s signature on a designated sales slip. The Card Use Date shall be the date on which the tour contract is formed.
Chapter III: Modification of the Contract
Article 13 (Modification of Contract Contents)
If an event beyond the Association’s control occurs, including a natural disaster, war, civil disturbance, suspension of Tour Services by a transportation or accommodation provider, an order of a government or other public authority, or the provision of transportation services not in accordance with the original operating schedule, and the Association determines that modification is unavoidable in order to ensure the safe and smooth operation of the tour, the Association may modify the itinerary, the contents of the Tour Services, or other terms of the Agent-Organized Tour Contract (collectively, the “Contract Contents”). The Association shall promptly explain to the traveler in advance why the event is beyond its control and the causal relationship between the event and the modification. In an emergency, where prior explanation is unavoidable, the Association shall provide the explanation after the modification.
Article 14 (Change in the Tour Price)
1. If the fares or charges applicable to a transportation provider used in operating the Agent-Organized Tour (the “Applicable Fares and Charges”) increase or decrease by an amount substantially exceeding the level normally anticipated, due to a significant change in economic conditions or similar circumstances, compared with the Applicable Fares and Charges publicly announced as valid at the time the tour was advertised, the Association may increase or decrease the tour price within the amount of that increase or decrease.
2. If the Association increases the tour price under the preceding paragraph, it shall notify the traveler no later than the day preceding the fifteenth day before the tour commencement date.
3. If the Applicable Fares and Charges decrease as described in paragraph 1, the Association shall reduce the tour price by the amount of the decrease in accordance with that paragraph.
4. If a modification of the Contract Contents under the preceding Article causes an increase or decrease in the cost required to operate the tour, including cancellation charges, penalty charges, and other expenses already paid or that must be paid for Tour Services not received as a result of the modification, the Association may change the tour price within the amount of that increase or decrease at the time the Contract Contents are modified. This shall not apply where the increase in cost results from a shortage of seats, rooms, or other facilities even though the transportation or accommodation provider is continuing to provide the relevant Tour Services.
5. If the Contract Document states that the tour price varies according to the number of persons using transportation or accommodation services, and that number changes after formation of the Agent-Organized Tour Contract for reasons not attributable to the Association, the Association may change the tour price as stated in the Contract Document.
Article 15 (Substitution of Traveler)
1. A traveler who has entered into an Agent-Organized Tour Contract with the Association may, with the Association’s consent, transfer the traveler’s contractual status to a third party.
2. A traveler seeking the Association’s consent under the preceding paragraph shall complete the form prescribed by the Association and submit it to the Association together with the prescribed handling fee.
3. A transfer of contractual status under paragraph 1 becomes effective when the Association gives its consent. Thereafter, the third party to whom the status has been transferred succeeds to all rights and obligations of the traveler under the relevant Agent-Organized Tour Contract.
Chapter IV: Termination of the Contract
Article 16 (Traveler’s Right to Cancel)
1. The traveler may cancel an Agent-Organized Tour Contract at any time by paying the cancellation charge specified in Schedule 1. In the case of cancellation of a Communications Contract, the Association shall receive payment of the cancellation charge using the card of the Affiliated Company without obtaining the traveler’s signature on a designated sales slip.
2. Notwithstanding the preceding paragraph, the traveler may cancel the Agent-Organized Tour Contract before the tour commences without paying a cancellation charge in any of the following cases:
(1) The Contract Contents are modified by the Association, provided that the modification is a material modification listed in the left-hand column of Schedule 2 or is otherwise material;
(2) The tour price is increased under Article 14, paragraph 1;
(3) A natural disaster, war, civil disturbance, suspension of Tour Services by transportation or accommodation providers, an order of a government or other public authority, or another event occurs, making it impossible, or creating an extremely high probability that it will become impossible, to operate the tour safely and smoothly;
(4) The Association fails to provide the Final Document by the deadline specified in Article 10, paragraph 1; or
(5) For a reason attributable to the Association, it becomes impossible to operate the tour in accordance with the itinerary stated in the Contract Document.
3. After the tour has commenced, if the traveler becomes unable, for a reason not attributable to the traveler, to receive a Tour Service stated in the Contract Document, or if the Association informs the traveler that the traveler cannot receive that service, the traveler may, notwithstanding paragraph 1, cancel the portion of the contract relating to the unavailable Tour Service without paying a cancellation charge.
4. In the case described in the preceding paragraph, the Association shall refund the portion of the tour price relating to the unavailable Tour Service. If the inability to provide the service is not attributable to the Association, the Association shall refund the amount remaining after deducting cancellation charges, penalty charges, and other expenses already paid or that must be paid in respect of that Tour Service.
Article 17 (Association’s Right to Cancel Before Commencement of the Tour)
1. The Association may cancel an Agent-Organized Tour Contract before the tour commences, after explaining the reason to the traveler, in any of the following cases:
(1) It is found that the traveler does not satisfy the conditions for participating travelers specified in advance by the Association, such as sex, age, qualifications, or skills;
(2) The traveler is deemed unable to endure the tour because of illness, the absence of a necessary caregiver, or another reason;
(3) The traveler is deemed likely to cause inconvenience to other travelers or interfere with the smooth operation of the group tour;
(4) The traveler demands a burden exceeding a reasonable scope in relation to the Contract Contents;
(5) The number of travelers does not reach the minimum number required to operate the tour as stated in the Contract Document;
(6) In the case of a tour whose purpose is skiing, there is an extremely high probability that a condition for operation disclosed at the time of contracting, such as the required amount of snowfall, will not be fulfilled;
(7) A natural disaster, war, civil disturbance, suspension of Tour Services by transportation or accommodation providers, an order of a government or other public authority, or another event beyond the Association’s control occurs, making it impossible, or creating an extremely high probability that it will become impossible, to operate the tour safely and smoothly in accordance with the itinerary stated in the Contract Document;
(8) In the case of a Communications Contract, the traveler becomes unable to settle all or part of the obligations relating to the tour price or other amounts in accordance with the cardholder agreement of the Affiliated Company, for example because the traveler’s credit card becomes invalid; or
(9) It is found that the traveler falls within any of Article 7, items (5) through (7).
2. If the traveler fails to pay the tour price by the date stated in the Contract Document under Article 12, paragraph 1, the traveler shall be deemed to have canceled the Agent-Organized Tour Contract on the day following that date. In such case, the traveler must pay the Association a penalty charge equal to the cancellation charge prescribed in Article 16, paragraph 1.
3. If the Association intends to cancel an Agent-Organized Tour Contract for the reason specified in paragraph 1, item (5), it shall notify the traveler that the tour is canceled no later than the day preceding the thirteenth day before the tour commencement date for a Domestic Tour (or the third day before the tour commencement date for a day trip), or no later than the day preceding the twenty-third day before the tour commencement date for an Overseas Tour (or the thirty-third day before the tour commencement date for a tour commencing during a peak period as specified in Schedule 1).
Article 18 (Association’s Right to Cancel After Commencement of the Tour)
1. Even after the tour has commenced, the Association may cancel part of an Agent-Organized Tour Contract, after explaining the reason to the traveler, in any of the following cases:
(1) The traveler is unable to continue the tour because of illness, the absence of a necessary caregiver, or another reason;
(2) The traveler disrupts group discipline and interferes with the safe and smooth operation of the tour by failing to follow instructions of the tour escort or another person given to ensure safe and smooth operation, or by committing violence or making threats against such persons or other accompanying travelers;
(3) It is found that the traveler falls within any of Article 7, items (5) through (7); or
(4) A natural disaster, war, civil disturbance, suspension of Tour Services by transportation or accommodation providers, an order of a government or other public authority, or another event beyond the Association’s control occurs, making continuation of the tour impossible.
2. If the Association cancels an Agent-Organized Tour Contract under the preceding paragraph, the contractual relationship between the Association and the traveler shall terminate only with respect to the future. The Association’s obligations relating to Tour Services already received by the traveler shall be deemed to have been validly performed.
3. In the case described in the preceding paragraph, the Association shall refund the amount remaining after deducting, from the portion of the tour price relating to Tour Services not yet received by the traveler, cancellation charges, penalty charges, and other expenses already paid or that must be paid in respect of those Tour Services.
Article 19 (Refund of the Tour Price)
1. If the tour price is reduced under Article 14, paragraphs 3 through 5, or an Agent-Organized Tour Contract is canceled under any of the preceding three Articles, and an amount is due to be refunded to the traveler, the Association shall make the refund within seven days from the day following cancellation in the case of cancellation before commencement of the tour, or within thirty days from the day following the tour completion date stated in the Contract Document in the case of a price reduction or cancellation after commencement of the tour.
2. If the Association has entered into a Communications Contract with the traveler and an amount is due to be refunded because the tour price is reduced under Article 14, paragraphs 3 through 5 or the Communications Contract is canceled under any of the preceding three Articles, the Association shall refund the amount in accordance with the cardholder agreement of the Affiliated Company. In such case, the Association shall notify the traveler of the amount to be refunded within seven days from the day following cancellation in the case of cancellation before commencement of the tour, or within thirty days from the day following the tour completion date stated in the Contract Document in the case of a price reduction or cancellation after commencement of the tour. The date of such notice shall be the Card Use Date.
3. The preceding two paragraphs do not prevent the traveler or the Association from exercising a right to claim damages under Article 27 or Article 30, paragraph 1.
Article 20 (Arrangements for Return Travel After Cancellation)
1. If the Association cancels an Agent-Organized Tour Contract after commencement of the tour under Article 18, paragraph 1, item (1) or (4), the Association shall, at the traveler’s request, undertake to arrange the Tour Services necessary for the traveler to return to the place of departure.
2. All expenses required for the traveler to return to the place of departure in the case described in the preceding paragraph shall be borne by the traveler.
Chapter V: Contracts with Groups
Article 21 (Contracts with Groups)
The provisions of this Chapter apply to the formation of an Agent-Organized Tour Contract where multiple travelers traveling together on the same itinerary appoint a responsible representative (the “Contract Representative”) and apply as a group.
Article 22 (Contract Representative)
1. Unless a special agreement is made, the Association shall regard the Contract Representative as having full authority to act on behalf of all travelers constituting the group (the “Members”) in connection with entering into Agent-Organized Tour Contracts, and all transactions relating to the travel business for the group shall be conducted with the Contract Representative.
2. The Contract Representative must submit a list of the Members to the Association by the date specified by the Association.
3. The Association assumes no responsibility for any obligation or liability that the Contract Representative currently owes, or is expected to owe in the future, to any Member.
4. If the Contract Representative does not accompany the group, the Association shall, after commencement of the tour, regard a Member appointed in advance by the Contract Representative as the Contract Representative.
Chapter VI: Itinerary Management
Article 23 (Itinerary Management)
The Association shall endeavor to ensure the safe and smooth operation of the tour and shall perform the following duties for the traveler, unless the Association and the traveler have entered into a special agreement providing otherwise:
(1) If it appears that the traveler may be unable to receive Tour Services during the tour, the Association shall take the measures necessary to ensure that the traveler receives the Tour Services in accordance with the Agent-Organized Tour Contract; and
(2) If, despite the measures in the preceding item, modification of the Contract Contents is unavoidable, the Association shall arrange substitute services. When changing the itinerary, the Association shall endeavor to ensure that the revised itinerary is consistent with the purpose of the original itinerary. When changing the contents of Tour Services, the Association shall endeavor to ensure that the substitute services are similar to the original Tour Services. In all cases, the Association shall endeavor to minimize modifications to the Contract Contents.
Article 24 (Instructions of the Association)
When traveling as part of a group from commencement to completion of the tour, the traveler must follow the Association’s instructions necessary to ensure the safe and smooth operation of the tour.
Article 25 (Duties of Tour Escorts and Other Personnel)
1. Depending on the contents of the tour, the Association may have a tour escort or other person accompany the tour and perform all or part of the duties listed in Article 23 and other duties that the Association considers necessary in connection with the Agent-Organized Tour.
2. As a general rule, the hours during which a tour escort or other person performs the duties referred to in the preceding paragraph shall be from 8:00 a.m. to 8:00 p.m.
Article 26 (Protective Measures)
If the Association determines that a traveler requires protection during the tour because of illness, injury, or another condition, the Association may take necessary measures. If the need for such measures is not attributable to the Association, the expenses incurred shall be borne by the traveler, and the traveler must pay those expenses by the date and in the manner specified by the Association.
Chapter VII: Liability
Article 27 (Liability of the Association)
1. If, in performing an Agent-Organized Tour Contract, the Association or a person engaged by the Association to make arrangements under Article 4 (an “Arrangement Agent”) intentionally or negligently causes damage to a traveler, the Association shall be liable to compensate the traveler for that damage, provided that the traveler notifies the Association within two years from the day following the date on which the damage occurred.
2. If the traveler suffers damage due to a natural disaster, war, civil disturbance, suspension of Tour Services by transportation or accommodation providers, an order of a government or other public authority, or another event beyond the control of the Association or its Arrangement Agent, the Association shall not be liable to compensate the traveler except in the case described in the preceding paragraph.
3. With respect to damage to baggage described in paragraph 1, notwithstanding that paragraph, the Association shall be liable only if the traveler notifies the Association within fourteen days from the day following the date on which the damage occurred for a Domestic Tour, or within twenty-one days for an Overseas Tour. The amount of compensation shall be limited to JPY 150,000 per traveler, except where the Association acted intentionally or with gross negligence.
Article 28 (Special Compensation)
1. Regardless of whether the Association is liable under Article 27, paragraph 1, the Association shall, in accordance with the separately provided Special Compensation Rules, pay predetermined compensation and solatium payments for certain damage suffered by a traveler to the traveler’s life, body, or baggage while participating in an Agent-Organized Tour.
2. If the Association is liable under Article 27, paragraph 1 for damage described in the preceding paragraph, the compensation payable under the preceding paragraph shall be regarded as damages payable under that liability, up to the amount of damages that the Association is required to pay.
3. In the case described in the preceding paragraph, the Association’s obligation to pay compensation under paragraph 1 shall be reduced by an amount equal to the damages payable under Article 27, paragraph 1, including compensation deemed to be damages under the preceding paragraph.
4. An Agent-Organized Tour operated by the Association for travelers participating in another Agent-Organized Tour of the Association, for which a separate tour price is collected, shall be treated as part of the contents of the principal Agent-Organized Tour Contract.
Article 29 (Itinerary Guarantee)
1. If a material modification of the Contract Contents listed in the left-hand column of Schedule 2 occurs, excluding modifications specified in the following items (other than modifications caused by a shortage of seats, rooms, or other facilities even though the transportation or accommodation provider is continuing to provide the relevant Tour Services), the Association shall pay modification compensation in an amount not less than the amount obtained by multiplying the tour price by the applicable percentage in the right-hand column of Schedule 2, within thirty days from the day following the tour completion date. This shall not apply where it is clear that the Association is liable for the modification under Article 27, paragraph 1.
(1) Modifications caused by any of the following: (a) natural disaster; (b) war; (c) civil disturbance; (d) an order of a government or other public authority; (e) suspension of Tour Services by transportation or accommodation providers; (f) provision of transportation services not in accordance with the original operating schedule; or (g) measures necessary to protect the life or physical safety of tour participants.
(2) Modifications relating to a portion of an Agent-Organized Tour Contract canceled under Articles 16 through 18.
2. The total amount of modification compensation payable by the Association shall be limited, for each traveler and each Agent-Organized Tour, to an amount obtained by multiplying the tour price by a percentage of at least 15% as determined by the Association. If the modification compensation payable to one traveler for one Agent-Organized Tour is less than JPY 1,000, the Association shall not pay modification compensation.
3. If, after the Association pays modification compensation under paragraph 1, it becomes clear that the Association is liable for the relevant modification under Article 27, paragraph 1, the traveler must return the modification compensation relating to that modification. In such case, the Association shall pay the balance remaining after offsetting the amount of damages payable under Article 27, paragraph 1 against the modification compensation to be returned by the traveler.
Article 30 (Liability of the Traveler)
1. If the Association suffers damage due to the traveler’s intentional act or negligence, the traveler must compensate the Association for that damage.
2. When entering into an Agent-Organized Tour Contract, the traveler must make use of the information provided by the Association and endeavor to understand the traveler’s rights and obligations and the other contents of the Agent-Organized Tour Contract.
3. After commencement of the tour, if the traveler believes that a Tour Service different from that stated in the Contract Document has been provided, the traveler must promptly notify the Association, its Arrangement Agent, or the relevant Tour Service provider at the travel destination so that the Tour Services stated in the Contract Document may be received smoothly.
Chapter VIII: Compensation Security Deposit
Article 31 (Compensation Security Deposit)
1. The Association is a guarantee member of the All Nippon Travel Agents Association, located at Akasaka Shasta East Building, 4-2-19 Akasaka, Minato-ku, Tokyo.
2. A traveler or Member who has entered into an Agent-Organized Tour Contract with the Association may receive payment, up to JPY 150,000, from the compensation security deposit deposited by the All Nippon Travel Agents Association for claims arising from the transaction.
3. Because the Association has paid its share of the compensation security deposit to the All Nippon Travel Agents Association under Article 49, paragraph 1 of the Travel Agency Act, it has not deposited a separate business security deposit under Article 7, paragraph 1 of that Act.
Schedule 1: Cancellation Charges (Related to Article 16, Paragraph 1)
1. Cancellation Charges for Domestic Tours
Timing / Category	Cancellation Charge
A. Agent-Organized Tour Contracts other than those described in B below	
(a) Cancellation on or after the 20th day before the tour commencement date (10th day for a day trip), excluding (b) through (e)	Up to 20% of the tour price
(b) Cancellation on or after the 7th day before the tour commencement date, excluding (c) through (e)	Up to 30% of the tour price
(c) Cancellation on the day before the tour commencement date	Up to 40% of the tour price
(d) Cancellation on the tour commencement date, excluding (e)	Up to 50% of the tour price
(e) Cancellation after commencement of the tour or failure to appear without notice	Up to 100% of the tour price
B. Agent-Organized Tour Contract using a chartered vessel	As provided in the cancellation terms applicable to the vessel
Notes:
(1) The amount of the cancellation charge shall be stated in the Contract Document.
(2) For purposes of this Schedule, “after commencement of the tour” means after the time at which the traveler begins receiving services, as defined in Article 2, paragraph 3 of the separately provided Special Compensation Rules.
2. Cancellation Charges for Overseas Tours
Timing / Category	Cancellation Charge
A. Agent-Organized Tour Contracts using air transportation when departing from or returning to Japan, other than those described in B	
(a) For a tour commencing during a peak period, cancellation on or after the 40th day before the tour commencement date, excluding (b) through (d)	Up to 10% of the tour price
(b) Cancellation on or after the 30th day before the tour commencement date, excluding (c) and (d)	Up to 20% of the tour price
(c) Cancellation on or after the second day before the tour commencement date, excluding (d)	Up to 50% of the tour price
(d) Cancellation after commencement of the tour or failure to appear without notice	Up to 100% of the tour price
B. Agent-Organized Tour Contract using a chartered aircraft	
(a) Cancellation on or after the 90th day before the tour commencement date, excluding (b) through (d)	Up to 20% of the tour price
(b) Cancellation on or after the 30th day before the tour commencement date, excluding (c) and (d)	Up to 50% of the tour price
(c) Cancellation on or after the 20th day before the tour commencement date, excluding (d)	Up to 80% of the tour price
(d) Cancellation on or after the 3rd day before the tour commencement date, or failure to appear without notice	Up to 100% of the tour price
C. Agent-Organized Tour Contract using a vessel both when departing from and returning to Japan	As provided in the cancellation terms applicable to the vessel
Note: “Peak period” means December 20 through January 7, April 27 through May 6, and July 20 through August 31.
Notes:
(1) The amount of the cancellation charge shall be stated in the Contract Document.
(2) For purposes of this Schedule, “after commencement of the tour” means after the time at which the traveler begins receiving services, as defined in Article 2, paragraph 3 of the separately provided Special Compensation Rules.
Schedule 2: Modification Compensation (Related to Article 29, Paragraph 1)
Modification Requiring Payment	Before Tour Commencement (%)	After Tour Commencement (%)
1. Change to the tour commencement date or tour completion date stated in the Contract Document	1.5	3.0
2. Change to an admission sightseeing destination, tourist facility (including a restaurant), or other destination stated in the Contract Document	1.0	2.0
3. Change to a lower-priced class or facility of transportation stated in the Contract Document, but only where the total price of the class and facilities after the change is lower than that stated in the Contract Document	1.0	2.0
4. Change to the type or company name of transportation stated in the Contract Document	1.0	2.0
5. Change to a flight using a different airport in Japan as the point of commencement or completion of the tour from that stated in the Contract Document	1.0	2.0
6. Change from a direct flight between Japan and a location outside Japan stated in the Contract Document to a connecting or stopover flight	1.0	2.0
7. Change to the type or name of the accommodation provider stated in the Contract Document	1.0	2.0
8. Change to the room type, facilities, view, or other room conditions of the accommodation provider stated in the Contract Document	1.0	2.0
9. Change to a matter described in the tour title in the Contract Document among the modifications listed in items 1 through 8	2.5	5.0
Note 1: “Before Tour Commencement” means that the traveler is notified of the modification by the day before the tour commencement date. “After Tour Commencement” means that the traveler is notified on or after the tour commencement date.
Note 2: If a Final Document has been provided, references to the “Contract Document” in this Schedule shall be read as references to the “Final Document.” If there is a change between the contents of the Contract Document and the Final Document, or between the contents of the Final Document and the Tour Services actually provided, each change shall be treated as one modification.
Note 3: If the transportation involved in a modification under item 3 or 4 includes the use of sleeping accommodation, each overnight stay shall be treated as one modification.
Note 4: A change in the company name of a transportation provider under item 4 shall not apply where the change is accompanied by an upgrade in class or facilities.
Note 5: Even if multiple modifications under item 4, 7, or 8 occur during one ride, voyage, or overnight stay, they shall be treated as one modification per ride, voyage, or overnight stay.
Note 6: For a modification under item 9, the percentages in items 1 through 8 do not apply; only item 9 applies.
TERMS OF USE FOR THE EVENT ADMISSION TICKET SALES SERVICE
Biwako Otsu Tourism Association
Article 1 (About the Service)
This service sells tickets for admission to the relevant event (the “Event”) (the “Tickets”).
Article 2 (Eligibility)
1. This service may be used only by users who satisfy all of the following conditions:
(1) The user agrees to these Terms;
(2) If the user is a minor, the user has obtained the consent of a legal representative, including consent to these Terms.
2. If a minor uses this service, the Association shall deem the legal representative’s consent to have been obtained.
3. A user may not use this service if any of the following applies:
(1) All or part of the information entered into the service in connection with its use, including the information specified in Article 3, paragraph 1 (the “Registration Information”), is false, incomplete, or otherwise defective;
(2) The user has previously violated any terms of use of the Association, whether or not relating to this service, or has been subject to suspension of use, deletion of registration, or another measure;
(3) The Association determines that the user is an anti-social force, including an organized crime group, a member of an organized crime group, a right-wing organization, or an equivalent person or entity, or that the user has any relationship or involvement with an anti-social force, including cooperation or participation in its maintenance, operation, or management through funding or other means;
(4) In addition to the preceding items, the Association determines that the user’s use of this service is inappropriate.
4. The user shall prepare and manage, at the user’s own responsibility, all devices and environments required to use the service, including a computer, smartphone, and Internet connection (the “Required Equipment”). The Association assumes no liability if the user is unable to use the service due to a malfunction, failure, or other problem with the Required Equipment.
Article 3 (Purchase of Tickets)
1. To purchase a Ticket, the user must enter through the service the type and number of Tickets to be purchased, the user’s name, email address, telephone number, payment method and payment information, and any other information specified by the Association.
2. A contract for the sale of Tickets between the Association and the user (a “Ticket Sales Contract”) is formed when the user enters the information specified in the preceding paragraph and clicks or presses the button confirming the purchase.
3. When a Ticket Sales Contract is formed, the user must pay the price of the purchased Tickets to the Association in accordance with the payment method selected by the user through the service.
4. The Association may change Ticket prices without prior notice to users.
Article 4 (Validity Period of Tickets)
As a general rule, a Ticket purchased under the preceding Article is valid only during the applicable Event period. A Ticket whose validity period has expired may not be used.
Article 5 (Exchange, Change, Cancellation, and Cooling-Off)
After a Ticket Sales Contract has been formed, the Association does not accept any exchange, change, or cancellation for reasons attributable to the user. Tickets sold through this Ticket sales service are not subject to any cooling-off right.
Article 6 (Cancellation or Modification of the Event)
1. The contents of exhibits, merchandise stores and their products, food and beverage outlets and their menus, and other elements of the Event may be changed or canceled without prior notice.
Article 7 (Admission to the Event)
1. Even if a user has purchased a Ticket through the service, the user must present the purchased Ticket by one of the following methods in order to enter the Event. A user who does not present a Ticket may not enter the Event:
(1) Displaying the electronic Ticket (QR code) on a smartphone or tablet in accordance with the instructions shown in the service; or
(2) Printing the electronic Ticket (QR code) using a printer or other device.
2. A user may not enter the Event if any of the following applies:
(1) The user has lost the Ticket;
(2) The user is unable to present the Ticket at the time of admission;
(3) At the time the user seeks admission, a third party has already entered the Event by presenting the Ticket purchased by the user; or
(4) The user has violated these Terms.
3. The Association shall not refund the Ticket price if the user is unable to enter the Event for a reason described in the preceding paragraph or fails to enter the Event by the expiration date of the Ticket.
Article 8 (Prohibited Conduct)
1. In addition to conduct prohibited elsewhere in these Terms, users are prohibited from engaging in any of the following conduct in connection with the use of the service:
(1) Entering false Registration Information;
(2) Using the service while impersonating another user or third party;
(3) Interfering with this service or any other service operated by the Association;
(4) Using the service through the unauthorized use of a credit card or other payment instrument;
(5) Reselling or transferring a Ticket, whether or not for profit and whether for consideration or free of charge;
(6) Violating any rules, precautions, or other requirements separately established by the Association concerning the management or use of the Event;
(7) Causing disadvantage or damage to a third party or the Association;
(8) Violating any law or regulation, or engaging in conduct likely to do so;
(9) Engaging in conduct contrary to public order or morality;
(10) Attempting unauthorized access to another computer system or network connected to the service;
(11) Using or providing a computer virus or other harmful program in connection with the service;
(12) Encouraging or facilitating any conduct described in the preceding items;
(13) Engaging in conduct reasonably suspected of falling within items (1) through (11); or
(14) Any other conduct that the Association determines to be inappropriate.
2. The Association shall determine, at its discretion, whether any conduct falls within the prohibited conduct described in the preceding paragraph.
Article 9 (Measures in Response to Breach)
If any of the following applies, the Association may, without prior notice to the user, take necessary measures including suspension of use of the service, refusal to sell Tickets, or invalidation of Tickets. The Association has no obligation to disclose the reason for such measures:
(1) The user violates any provision of these Terms, or the Association determines that there is a risk of such violation; or
(2) The Association determines that the user’s use of the service is inappropriate.
Article 10 (Intellectual Property Rights)
All intellectual property rights relating to the service belong to the Association or to persons who license such rights to the Association. Without the permission of the Association or the relevant licensor, the user may not use any intellectual property relating to the service beyond the scope permitted by law.
Article 11 (Suspension, Modification, or Termination of the Service)
1. The Association may suspend all or part of the service at any time if any of the following applies:
(1) Inspection, maintenance, or other work is performed on the computer systems relating to the service;
(2) Computers, communication lines, or other systems stop due to an accident;
(3) Operation of the service becomes impossible due to force majeure, including earthquake, lightning, fire, flood or storm damage, power outage, or other natural disaster; or
(4) The Association otherwise determines that suspension is necessary.
2. The Association may modify the contents of the service or terminate provision of the service for its own reasons. Where the Association suspends, modifies, or terminates the service (collectively, a “Service Change”), it will endeavor to notify users in advance to the extent reasonably possible; however, prior notice may not be possible in an emergency or similar situation.
3. The Association shall not be liable to compensate users for damage arising from a Service Change.
Article 12 (Disclaimers)
1. The Association makes no warranty concerning any of the following matters. In using the service, each user must determine, at the user’s own responsibility, the usefulness and suitability of the service and of the information provided through it:
(1) The usefulness, suitability, accuracy, or reliability of all information provided through the service, including information provided by email or other means as part of or in connection with the service;
(2) That the service will be free from defects, errors, or interruptions; or
(3) That the service will continue to exist or remain unchanged.
2. The user uses the service at the user’s own responsibility. The Association does not participate in users’ activities, and any dispute between users or between a user and a third party shall be resolved by the parties to the dispute. The Association assumes no liability for such disputes.
3. If these Terms constitute a consumer contract as defined in Article 2, paragraph 3 of the Consumer Contract Act of Japan, any provision of these Terms that completely excludes the Association’s liability for damages shall not apply to the extent prohibited by that Act.
4. Even in the case described in the preceding paragraph, the Association shall not be liable for any special, indirect, or consequential damage arising from circumstances beyond the ordinary course of events, including cases where the Association or the user foresaw or could have foreseen the occurrence of such damage, where the damage results from the Association’s negligence other than gross negligence, whether the claim is based on non-performance, tort, or any other legal cause.
5. Where a user suffers damage due to the Association’s negligence other than gross negligence, whether based on non-performance or tort, the Association’s total liability shall be limited to the total amount paid by the user to the Association as consideration for the service.
Article 13 (Indemnification)
If the Association suffers damage arising from the user’s conduct, including claims made against the Association as a result of that conduct, the Association may claim from the user the full amount of that damage, including attorneys’ fees paid by the Association.
Article 14 (Handling of Personal Information)
1. The Association’s policy entitled “Protection of Personal Information” (the “Privacy Policy”) applies to the handling of users’ personal information in connection with the service.
2. The Association may use personal information provided by a user, including the user’s name, email address, and telephone number, for the purposes stated in the Privacy Policy and for the following purposes:
(1) To cooperate with a third party entrusted by the Association with the operation of the Event (the “Operator”) in connection with operation of the Event or procedures for refunding Ticket prices, including:
(a) Verifying the identity of a user when the user enters the venue; and
(b) Processing a refund of the Ticket price following cancellation of operations, a change in Event contents, or a similar event;
(2) To cooperate with the Association or the Operator in responding to inquiries from users.
3. The user agrees that the Association may provide, directly or indirectly through another person, the portion of the personal information described in paragraph 2 that is necessary for the purposes stated in that paragraph to a payment processing company, the Operator, or another third party entrusted by the Association with work necessary to provide the service, including a third party located outside Japan.
Article 15 (Amendment of the Terms)
1. If the Association determines that an amendment is necessary, it may amend these Terms and any other rules established by the Association without prior notice to users.
2. The amended Terms shall take effect when displayed on the service. If a user uses the service after amendment of these Terms, the user shall be deemed to have agreed to the amended Terms.
Article 16 (Notices from the Association)
1. The Association may contact or notify a user regarding the service through the email address or telephone number registered by the user through the service (collectively, the “Contact Information”).
2. The Association assumes no liability for any damage suffered by a user due to the user entering incorrect Contact Information or for another similar reason.
Article 17 (Language)
These Terms are officially executed in Japanese. If the Association provides an English or other language translation for the convenience of users, only the Japanese text shall have contractual effect, and the translation shall have no independent legal effect.
Article 18 (Severability)
If any provision of these Terms, or the application of any provision, is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that determination shall not affect any other provision of these Terms. To the extent permitted by the nature of the provision, the invalid, illegal, or unenforceable provision shall be modified so as to reflect the original intent of the Association and the user as closely as possible.
Article 19 (Governing Law and Jurisdiction)
1. These Terms shall be governed by and construed in accordance with the laws of Japan.
2. The Association and the user agree that the Otsu District Court shall have exclusive jurisdiction as the court of first instance over any dispute arising between the Association and the user in connection with these Terms.