General Terms & Conditions: Travel Agency
Last updated: January 12th, 2021
The following General Terms and Conditions (“GTC“) apply to the arrangement of third party tourism services by Japan Travel KK and are part of the agency agreement between the customer and Japan Travel KK as a travel agent. Japan Travel KK, as its capacity as a travel agent with Japanese license (Type 2, No. 2-7033) and a Japanese registered office, is bound by the laws and regulations of Japan. These GTCs are in addition to any prevailing Japanese travel laws.
1.1 Creating a travel contract with Japan Travel KK involves the customer contacting Japan Travel KK by telephone, in writing, or electronically, and registering their intent to conclude a binding travel contract with Japan Travel KK, referring to a specific individual offer that Japan Travel KK has made to the customer.
1.2 With the registration the customer bindingly instructs Japan Travel KK to arrange a travel contract between him and the tour operator or other service providers. The contractual obligation of Japan Travel KK is limited to the proper arrangement of the travel services.
1.3 Before conclusion of the contract, Japan Travel KK will send electronically to the customer a travel confirmation in accordance with legal requirements, currently a PDF-based booking form, which must be completed and signed by the customer. After signing the travel contract is completed.
1.4 The customer upon receiving the PDF booking form is obliged to immediately check the booking confirmation for correctness and completeness and to inform Japan Travel KK about any inaccuracies or deviations.
2.1 After signing the travel confirmation (see clause 1.3 above) a deposit of 30 % of the travel price is due. The remaining payment has to be made no later than 60 days before the start of the trip.
2.2 A travel registration made 30 days or later prior to the start of a journey is only accepted under the condition that the entire travel price is due after conclusion of the contract, and full payment needs to be made before any bookings are initiated.
2.3 If the customer does not pay the deposit and/or the final payment according to the agreed conditions, Japan Travel KK will send a reminder to the customer stating the final deadline for payment. If payment is still not made, Japan Travel KK is entitled to withdraw from the travel contract and charge the traveller due cancellation costs (see clause 5.1).
2.4 The payment currency is in Japanese Yen. Payment can be made by credit card (VISA, MasterCard, American Express, Diners or JCB), bank transfer, PayPal or Transferwise. Japan Travel KK does not accept cash payment.
2.5 Our policy at Japan Travel KK is to give customers one all-inclusive price unless otherwise stated, which will include all service fees and other payments to be made by the customer.
3.1 When preparing travel offers, Japan Travel KK relies on external vendors such as hotels, tour operators, and other service providers for any descriptions and photographs depicting the vendors‘ facilities, services, menus, and equipment. While Japan Travel KK strives to describe all components of the tour as accurately as possible, we are unfortunately not able to control the actions of vendors, and as a result, the customer agrees that Japan Travel KK is not responsible for any differences in the product/service from those descriptions provided.
3.2 The customer is obliged to check his or her travel documents and confirm the travel dates (start and end date). Furthermore, the customer is obliged to travel independently to the starting point of the trip. After booking a trip, the customer will receive a travel overview in PDF or similar form with detailed information (activities, details of accommodation, transport routes, etc.).
4.1 After conclusion of the contract, the customer has no right to any changes, in particular with regard to the date of travel, destination, place of departure, accommodation or form of transportation. In case of a rebooking – if such a rebooking is even possible – additional costs may arise, which will cause Japan Travel KK to have to pass on such charges to the customer. In case of minor changes, where a rebooking can be made free of charge, Japan Travel KK reserves the right to decide individually, depending on the level of man-hours and effort involved, whether to levy an additional charge.
4.2 Changes of essential components of the travel services given in the agreed travel contract, which become necessary after conclusion of the contract due to circumstances beyond Japan Travel KK‘s control or which were not caused by Japan Travel KK, are permitted, in so far as the changes are not significant, do not affect the course of the trip, and are reasonable from a customer point of view.
4.3 In case of service changes by Japan Travel KK, the customer will be contacted in advance. It is the customer's responsibility to regularly check his or her emails and to ensure that the emails are received. After announcement of the changes, the customer has five working days to object to the change. If no objection is made, the changes are considered accepted.
4.4 If the customer does not accept the changes and the participating parties do not come to an agreement, the customer has two options:
a) A credit transfer, by which the trip is postponed to a later period (subject to the conditions given in clause 4.1 herein).
b) Cancellation and subsequent refund of payments already made, in compliance with section 5 herein, will result in the customer agreeing to not take legal actions against Japan Travel KK and not to bring Japan Travel KK into public discredit.
4.5 Until the start of the journey, the customer can demand that a third party enters into the rights and obligations of the travel contract in his or her place. Japan Travel KK can object to the entry of the third party into the contract if the third party does not meet the special travel requirements or if his or her participation is contrary to legal regulations or official orders. If a third party enters into the contract, this third party is liable and must also pay the tour price and any additional costs arising from the entry.
5.1 The customer can withdraw from the trip at any time before the start of the trip. To avoid misunderstandings, we recommend that such cancellation be made by written/electronic form. In such cases, it is agreed that Japan Travel KK will receive appropriate compensation for the travel arrangements and expenses made up to the date of cancellation. The compensation will be calculated according to the date of the received notice of cancellation, as follows:
Groups with less than 10 people*:
|Days before departure||Day of deposit payment – 61 days||60-31||30-11||10-6||5-1|
(% of travel price)
Groups with 10 + people*:
|Days before departure||Day of deposit payment – 71 days||70-61||60-31||30-11||10-6||5-1|
(% of travel price)
*Applies to individual services as well as to the entire trip
5.2 Japan Travel KK reserves the right to claim a higher, individually calculated compensation instead of the aforementioned compensation lump sums, if it can be proven that significantly higher expenses have been incurred. In this case, Japan Travel KK is obliged to provide concrete figures and reasons for the higher compensation claimed.
5.3 If Japan Travel KK is obliged to refund the travel price as a result of a cancellation, the refund will in principle be made immediately, but in any case not later than 14 days after receiving the cancellation notice.
5.4 Instead of a refund, the customer also has the option of postponing the trip, provided that this is possible while retaining the general terms and conditions.
5.5 In case of force majeure (including declared/undeclared wars, terrorist activities or threat thereof, instability in the country, violent crime, severe damage to public health, quarantine or threat to public health, earthquakes and other natural disasters, nuclear accidents, significant currency fluctuations, strikes, government restrictions, fire or extreme weather conditions and other reasons why Japan Travel KK considers it impossible or commercially unreasonable to carry out the planned trip) Japan Travel KK reserves the right to cancel, modify or postpone the trip. If Japan Travel KK cancels a trip due to force majeure, the customer will receive a full refund of all payments already made, excluding payment charges etc., see clause 5.6 in addition.
5.6 If payments have been made in advance by Japan Travel on behalf of the customer to suppliers and the supplier is unable to repay/refund them to Japan Travel, the customer will be liable for these costs. However, Japan Travel will make every effort to arrange everything in such a manner that no extra costs are incurred by the customer.
5.7 Japan Travel KK is entitled to withdraw from the travel contract without notice if the customer, despite a warning, either disturbs the execution of the trip so considerably or behaves so contrary to the contract that the immediate cancellation of the contract is also justified for the protection of other fellow travellers. Should this case occur, the customer will not be reimbursed and must return home at his own expense.
6.1 Japan Travel KK is entitled to withdraw from the travel contract up to 30 days prior to departure in case of non-achievement of a minimum number of participants as advertised or specified by Japan Travel KK, provided that the minimum number of participants has been pointed out in the tour description and the aforementioned date by which the customer must have received the declaration of withdrawal before the contractually agreed commencement of the tour has been specified in the travel confirmation. Japan Travel KK undertakes to inform the customer immediately after the occurrence of the reason for the non-performance of the trip (declaration of cancellation).
6.2 If the trip is not carried out for this reason, Japan Travel KK will refund the customer's payments on the price of the trip immediately and in any case within 14 days after giving the notice of cancellation, with the exception of payment fees.
If the customer does not make use of individual travel services that Japan Travel KK was willing and able to provide in accordance with the contract, for reasons attributable to the customer, the customer is not entitled to a pro-rata refund of the price of the holiday. Japan Travel KK will make every effort to reimburse to the customer any expenses which have in turn been reimbursed to it by the service providers.
8.1 Under no circumstances will Japan Travel KK be responsible for any costs or other financial losses the customer suffers as a result of changes to the itinerary or cancellation of tours (including but not limited to bankruptcy of other parties, strikes or airline cancellations, accommodation cancellation costs and loss of income). For this reason the customer is recommended to take out a travel cancellation insurance with the insurance company of his choice before the start of the tour.
8.2 Japan Travel KK is not liable for personal injury, accidental damage, property damage or financial loss in the event of (including but not limited to) physical overexertion which the customer has not adequately prepared for, travel by air, train, car, bus, boat or other means of transport, consumption of alcoholic beverages, high altitude, forces of nature such as strong winds, hurricanes, typhoons or floods, exhaustion due to heat, equipment failure, civil unrest and terrorism or the availability and quality of medical care in remote areas.
8.3 In order to legally participate in the trip, the customer hereby agrees to release Japan Travel KK from any liability whatsoever, unless Japan Travel KK acts with intent or gross negligence. The customer confirms with his signature that this contract is legally binding for the customer and other fellow travellers. By signing this agreement, the traveller accepts all potential risks for the trip and releases Japan Travel KK from any liability to the extent permitted by law.
8.4 Japan Travel KK is also not responsible for the acts or omissions of third parties, whether intentional or unintentional. Japan Travel KK organizes and sells tours consisting of transportation, excursions and accommodation provided by third parties. These companies act independently from Japan Travel KK.
8.5 When selling airline tickets, Japan Travel KK acts as an intermediary for the airline tickets. Therefore, Japan Travel KK is not responsible for the intentional or unintentional actions of the Airline and its personnel. Issued tickets, coupons and receipts are subject to the conditions and terms and conditions of the airline.
8.6 It is agreed by all contracting parties (the customer and Japan Travel KK) that the settlement of disputes and similar matters relating to Japan Travel KK will be governed by the laws of Japan and that the courts of Japan will have exclusive jurisdiction to settle any disputes, except where specific consumer protection local laws are available in the customer’s local jurisdiction, then as allowed by those laws. The customer should in this case have knowledge of the travel laws of their own country, and Japan Travel KK is responsible for any Japanese laws. Customer is obliged to provide Japan Travel KK with the exact wording of their local laws, where such laws may provide protections in variance to Japanese law.
9.1 Japan Travel KK will inform the customer about general passport and visa requirements as well as sanitary formalities in Japan. All participants of a trip are required to obtain valid passports, visas, invitations and other documents necessary for entry before the trip begins. Passports must be valid for the entire duration of the trip. If the customer does not obtain all necessary documents, the standard cancellation fees of Japan Travel KK shall apply (see clause 5 herein).
9.2 Japan Travel KK is not responsible for the timely issueing and receiving of necessary documents by the customer’s respective diplomatic representation.
10.1 The traveller is obliged to inform Japan Travel KK immediately about any travel deficiencies during his trip.
10.2 Damage or delays in delivery of air travel should be reported immediately on the spot by means of a Property Irregularity Report (P.I.R. = Property irregularity report) to the responsible airline. As a rule, airlines refuse refunds if the notice of damage has not been completed. The notice of damage must be submitted within 7 days of delivery in the case of damaged baggage and within 21 days of delivery in the case of delays.
11.1 As a licensed travel agency, customers of Japan Travel KK are insured in case of a single accident. Our insurance policy is a group accident insurance, which is prescribed by the Japanese government for all travel agencies registered in Japan (see Appendix A).
11.2 For comprehensive protection, Japan Travel KK recommends that the customer checks his own liability insurance to see if it covers stays abroad, and that he takes out health insurance abroad through an external insurance company. In addition, Japan Travel KK recommends that customers take out travel cancellation insurance before the start of the trip.
Sums insured (total amount for Japan Travel KK)
|Accident costs / rescue costs||3.000.000 Yen|
|Treatment costs (injury)||3.000.000 Yen|
|Treatment costs (illness)||3.000.000 Yen|
|Death from injury / post-traumatic stress disorder||1.000.000 Yen|
|Compensation liability / Indemnity liability / Obligation to pay reparations / liability insurance||30.000.000 Yen|
Japan Travel KK
Chiyoda-ku, Kojimachi 3-5-17
Seika Bldg. 5 F
Tel. +81 (0)3-4588-2679
Chiyoda-ku, Kasumigaseki 3-3-3
Zennitsu Kasumigaseki Bldg. 4 F
Tel. +81 (0)3-3504-1751
Japan Travel KK is insured in case of insolvency through the insurer JATA. The insolvency insurance falls under category 2 and covers 11.000.000 Yen. This insurance is valid for one year at a time and must be reapplied for each year. The current insolvency insurance contract with JATA runs until June 30, 2021.
Contact person of the insurer:
Mr. Kujirai Tel. +81 (0)3-3504-1751
Mr. Fukushima Tel. +81 (0)3-3504-1751