Terms and Conditions
1. Significance of the Order-Taking Type Customized Travel Contract
This contract for an Order-Taking Type Customized Travel (the document of the terms and the conditions thereof) comprises part of “the statement explaining trade terms” and “the contract document” stipulated in Article 12(4), and Article 12(5) of the Travel Agency Law.
2. Order-Taking Type Customized Travel Contract
(1) This travel is planned, offered and operated by CREA Co., Ltd (Travel agent license (No.3-7112) registered by Tokyo Metropolitan Government.; hereinafter referred to as “CREA ”), and a customer who participates in this travel will conclude an Order-Taking Type Customized Travel Contract (hereinafter referred to as “Travel Contract”) with CREA.
(2) The content and terms and conditions of the Travel Contract will be in accordance with travel terms and conditions, final documents provided to the customer prior to departure (hereinafter referred to as “Final Travel Schedule”), the part of Order-Taking Type Customized Travel Contract in the travel agency stipulations of CREA (hereinafter referred to as “CREA stipulations”), and the like. The CREA stipulations can be accessed at CREA’s website (http://www.creavoyage.com).
(3) CREA hereby accepts to make arrangements so that travel services, such as transportation and accommodation facilities and other services (hereinafter referred to as “Travel Services”), will be provided to the customer in accordance with the travel schedule predetermined by CREA including managing the travel schedule itself.
(4) All dates and times described in these travel terms and conditions are in Japan time.
3. Application for Travel
(1) CREA may accept an application for the Travel Contract via telephone, Internet and other communication method(s). In this case, the customer needs to provide the required information (hereinafter referred to as “Required Information”) such as credit card information (numbers, the expiration), the information of all participants (names, ages and addresses) and the details for applying (departure date).
(2) A contract will not be concluded at the time of the application, and the customer will be required to submit an application form and to pay the travel fee on the date specified by CREA. If the customer fails to pay the travel fee within the above period, CREA may deem that there was no application.
(3) The travel fee will be treated as a part or whole of the “cancellation fee”, or “penalty charge”.
4. Group Contract
(1) If a representative acting on behalf of a group of customers applies for travel, CREA will deem that the representative has all power of representation pertaining to conclusion, cancellation, etc. of the contract.
(2) The Person Responsible for Contracting is requested to present a list of group members by the date specified by the Company. (3) The Company shall be indemnified from liability and responsibility for money owed or expected to be owed by the Person Responsible for Contracting for the Members.
(4) If the Person Responsible for Contracting does not accompany the group on the travel, the Company regards one of the Members appointed by the said person in advance as the Person Responsible for Contracting after departure on the travel.
(5) When the Person Responsible for Contracting has expressed a wish to change some of the Members, we shall accommodate his/her wish as far as possible. However the increase or decrease of the Tour Price arising from the change as well as the expenses required for the said change shall belong to the Members.
5. Requirements for Application
(1) A client who is below the age of 20 years is required to present written consent from a parent or guardian when booking.
(2) Persons who are under the age of 15 at the time of departure must be accompanied by his/her guardian.
(3) In the event a travel is aimed at specific group of customers or a travel has a specific purpose, if an applicant’s sex, age, qualification, skill and/or other conditions do not satisfy the requirements designated by CREA, CREA may reject the application.
(4) Anyone to depart on a travel who has a chronic disease, is ill, pregnant, physically handicapped, or otherwise requires special care is requested to state so upon booking. We will respond to such special needs as far as possible and to a reasonable extent, and in this case a doctor’s health certificate may be required. In addition, depending on the local circumstances, situation of related organizations, etc., the customer may be required to be accompanied by a caretaker or escort or CREA may reject the application, in order to secure safe and smooth implementation of the travel.
(5) Any and all expenses required for special measures taken by CREA upon request of a customer shall be borne by the customer.
(6) If CREA determines that an examination or medical treatment by a doctor is necessary for a customer due to disease, bodily injury, or any other reason during travel, CREA will take necessary measures in order to secure smooth implementation of travel. Any and all expenses required for such measures will be borne by the customer.
(7) If a customer leaves the travel schedule for his/her own reason, he/she will be required to give notice on the leave, including whether or when he/she will return to the schedule, etc.
(8) If CREA determines that a customer is likely to cause nuisance to other customers or to impede smooth implementation of Order-Taking Type Customized Travel , his/her application maybe rejected.
(9) If a customer is a foreign national, he/she may be required to take a separate procedure, arrangement, etc.; therefore advance notice of foreign nationality is required.
(10) Aside from the above, the Company may decline to accept booking for business related reasons.
6. Delivery of the Customized Plan Document
(1) Upon receipt of a request from the traveler about to subscribe to us for the Customized Travel Contract, we will deliver to the traveler, unless prevented due to business-related reasons, the document describing the contents of our Customized Travel Plan prepared at the request of the traveler, such as the itinerary, contents of tour service, Tour Price, and other conditions concerning the travel to be undertaken. (hereinafter to be referred to as the "Customized Plan Document")
(2) There are cases where we will specify in the Customized Plan Document of the preceding Paragraph the amount of our handling charge for the Customized Travel Plan (hereinafter to be referred to as the "Planning Charge") as a breakdown of the Tour Price.
7. Conclusion of Contract
In the case of an application via telephone or Internet as stipulated in Section 3, the Travel Contract will be concluded when CREA approves the conclusion of contract and receives the travel fee.
8. Special Agreement for waiting for a cancellation
If the Travel Contract cannot be concluded immediately at the time of application due to full reservation, full occupancy, or any other reason, CREA may place the customer on a waiting list upon request from the customer by contracting the Special Agreement (hereinafter referred to as “Waiting For a Cancellation”).
(1) If the customer requests Waiting For a Cancellation, CREA will require the application form and the payment of the travel fee upon confirming the period of time for which the customer agrees to wait (hereinafter referred to as the “Waiting Period”). The Travel Contract cannot be concluded immediately and will only be concluded at a later stage if a suitable cancellation becomes available.
(2) CREA will treat the travel fee described under paragraph (1) as a “deposit.” If the reservation becomes available, CREA will send notification that the Travel Contract is contracted to the Customer and applies the “deposit” toward the Travel Fee.
(3) The Travel Contract will be contracted when CREA mails the notification described in paragraph (2). However, if the notification is sent by Internet, it will be contracted when the notification reaches the Customer.
(4) If the reservation becomes unavailable during the Waiting Period, CREA will reimburse the full amount of the travel fee already paid.
(5) If the customer applies to deregister from the waiting list during the Waiting Period before CREA gives notice that the reservation has become available, CREA will reimburse the full amount of the travel fee already paid. In this case, CREA will not request the cancellation fee even if the customer applies during the period in which a cancellation fee is normally required.
9. Delivery of Contract Document and Final Travel Schedule
(1) Immediately after the conclusion of the Travel Contract, CREA will deliver to the customer the contract documents describing the travel schedule, content of Travel Services, and other travel terms and conditions and CREA’s responsibilities. That if CREA has already delivered the Contract Document when accepting the application, this clause will not apply. The Contract Documents will be comprised of the Customized Plan Document (including the travel schedule) travel terms and conditions, the Final Travel Schedule and the travel agency stipulations of CREA.
(2) In cases where it is not possible to state the determinate itinerary, or the names of transport and/or accommodation facilities in the Contract Document, CREA will deliver to the customer the Final Travel Schedule describing finalized information such as the time and place of meeting, and the transportation and accommodation facilities to be used no later than the date preceding the departure date for the travel,. However, if the application was made within a 7-day period in advance of the departure date for travel, the Final Travel Schedule may be delivered no later than the departure date for travel. The delivery method includes via postal mail. In addition, before delivery, CREA will provide explanation on the delivery status upon request.
10. Payment of Travel Fee
The travel fee to be paid will be the total of the travel fee indicated in the Customized Plan Document. The travel fee must be paid on date specified by CREA before the departure date.
11. Costs included in the Travel Fee
(1) Transportation fees and charges for transportation facilities used, such as airplane, ship and railway, are those expressly indicated in the travel schedule (excluding fuel surcharge, except for when the Contract Documents expressly includes fuel surcharge in the travel fee total). Unless the Contract Documents expressly indicate that a first-class seat or business-class seat will be used, an economy-class seat will be used, including for railway.
(2) Fees for shuttle buses, etc. included in the travel schedule (between airport, railway station or port and place of accommodation, except for when the travel schedule expressly indicates that such fees will be borne by the customer).
(3) Sightseeing fees expressly indicated in the travel schedule (Bus fares, expenses for guide, entrance fees, etc.)
(4) Accommodation fees and taxes and service fees expressly indicated in the travel schedule. (Unless otherwise indicated in the Contract Documents, the fee is based on when 2 persons are staying in a twin room.)
(5) Expenses for meals (excluding airplane foods), taxes and service fees expressly indicated in the travel schedule.
(6) Transportation expenses for baggage Transportation expenses for 1 suitcase per person (In principle, 20 kg or less per 1 person; however, requirements may differ depending on the class or destination. For details, please refer to a contact person.). The baggage will be transported by transportation facilities and CREA will take consignment procedure with the transportation facilities on behalf of the customer.
(7) Expenses for tour conductor, in the case of conducted tour course.
(8) Other items indicated in the Customized Plan Document as they are included in the travel fee.
* The above costs will not be reimbursed even if customer partially does not use the relevant services.
12. Costs not included in Travel Fee
Any expenses other than those set out in Section 11 will not be included in the travel fee. The following costs are selected examples:
(1) Excess baggage charge (for weight, volume or quantity exceeding the limit set by each transportation facility);
(2) Personal expenses and incidental taxes and service fees, including, but not limited to, cleaning fee(s), telephone charge(s), tips, and other extra beverages;
(3) Medical expenses for bodily injury or disease;
(4) Expenses related to the overseas travel procedure (including, but not limited to, official fees for passport, certificate and visa, expenses for vaccination and travel agency charges for handling overseas travel procedures);
(5) Transportation expenses required for the distance between customer’s home in Japan and the travel starting point or finishing point, such as takeoff and landing airport, and accommodation expenses on the date preceding the departure date, the last date of travel, etc.;
(6) Airport facility usage charges in Japan, airport taxes in each country during the travel schedule and several airport taxes including, but not limited to, entry tax and departure tax;
(7) Expenses for optional tour (short tour based on extra charge);
(8) Other items indicated in the Customized Plan Document as “expenses for [ ]”; and
(9) Extra transportation fees and charges imposed by transportation facilities (fuel surcharge).
(10) Taxes imposed by accommodation
(11) Other items indicated in the Customized Plan Document as they are not included in the travel fee.
13. Change of Travel Contract
(1) The Customer may request us to change the contents of the itinerary or tour service or other contents of the Customized Travel Contract (hereinafter to be referred to as the "Tour Contents"), in which case we shall try to accommodate such requests of the Traveler as far as possible.
(2)Even after the conclusion of the Travel Contract, if natural disaster, war, riot, suspension of service of transportation or accommodation facilities, etc., order of government authority, provision of transportation service that is inconsistent with the original schedule, or any event that is beyond control of CREA occur, and if it is necessary to secure safe and smooth implementation of the travel, CREA may provide immediate and advance explanation to a customer about the reason why such event is beyond the control of CREA and about the causal relationship between the change of Travel Contract and such event, and may change the content of the travel schedule and Travel Service. However, in the case of emergency outside CREA’s control, CREA will provide explanation after making such changes.
14. Change of Travel Fee
(1) If the charges or fees for transportation facilities to be used are amended to a large extent that is beyond normal expectation, as a result of any drastic economical changes, etc., the travel fee will be adjusted to the extent of the difference arising out of such amendment. However, if the travel fee is increased, CREA will give notice to the customer within 15 days in advance of the departure date for travel.
(2) If the travel itinerary is changed and if expenses required for implementation of travel decrease, CREA will reduce the travel fee to the extent of the difference arising out of such a change.
(3) If the travel itinerary is changed under Section 13 and if expenses required for implementation of travel increase, CREA will adjust the travel fee to the extent of the difference arising out of such change, except for the case where such changes are due to insufficiencies (overbooking) in seats, rooms or other transportation or accommodation facilities that are in service.
(4) In the case when the Contract Documents describe that the travel fee may differ depending on the number of persons using the transportation or accommodation facilities, etc., if the number of persons changes after the conclusion of the Travel Contract due to any reason not attributable to the responsibility of CREA, CREA will adjust the travel fee to the extent described in the contract document.
15. Change of Customer
(1) The customer may, only when the prior approval of CREA is obtained, transfer the position under the Travel Contract to a third party designated by the customer. In this case, the customer is required to inform the information required by CREA and to pay the charge predefined by CREA. However, that CREA may, for business reasons, reject the change of customer.
(2) The transfer of the position under the Travel Contract will become effective when CREA approves such change and receives the payment of charge, and thereafter the third party to whom the position under the Travel Contract is transferred will succeed all rights and obligations pertaining to the Travel Contract.
16. Cancellation of Travel Contract and Reimbursement
(1) Before departure
(i) Cancellation rights of customer
A. Customer may at any time cancel the Travel Contract by paying the following cancellation fees. If the travel contract is cancelled, the travel fee will be reimbursed after deducting the prescribed cancellation fee. The cancellation date of Travel Contract is based on the date which the application for cancellation is made and it is accepted by CREA.
B. If the Travel Contract is cancelled due to any reason related to passport, visa or other overseas travel procedures and several loan procedures, the payment of the cancellation fee will be required.
C. Should any of the following items apply, the customer may cancel the Travel Contract without paying the cancellation fee.
a. When the Travel Contract is changed under Section 13, paragraph 3.(2). ; provided that this is only limited to the case when such change is indicated in the left column of the table of Section 24 (Guarantee of Travel Schedule) or other important change.
b. When the travel fee is increased under Section 14, paragraph (1).
c. When it is highly likely that the travel in accordance with the travel schedule described in contract document becomes impossible due to occurrence of natural disaster, war, riot, suspension of Travel Service of transportation or accommodation facilities, etc., order of government authority or any event that is beyond the control of CREA
d. When CREA fails to deliver to the customer the Final Travel Schedule as described in Section 9, paragraph (2) no later than the date stipulated in the said provision.
e. When the implementation of the travel in accordance with the travel schedule described in a contract document becomes impossible due to any reason attributable to CREA
D. If the Travel Contract is cancelled under paragraph (1), (i) A. and B. of this Section, CREA will reimburse the travel fee already received, after deducting the prescribed cancellation fee.
Note: “Starting Travel” is "The time when the Traveler starts receiving the service" described under Paragraph 02.03 of the Rules of Special Compensation.
(ii) Cancellation right of CREA
Should any of the following items apply, CREA may cancel the Travel Contract after providing explanation to the customer.
a. If it is found that the customer does not satisfy the requirements for travel participation, including, but not limited to, sex, age, qualification, or skill;
b. If it is recognized that the customer is unable to endure the travel, due to disease, non-existence of necessary caretaker or any other reason;
c. If it is recognized that the customer is likely to cause nuisance to other customers or to disturb smooth implementation of group activities;
d. If the customer demands that CREA should bear an unreasonable burden with regard to the contract content;
e. If the conditions that are expressly indicated in advance by CREA are not satisfied or if there is a high possibility that such conditions will not be satisfied, including the case where the amount of snowfall is insufficient for ski travel; or
f. If the safe and smooth implementation of travel schedule as described in the Customized Plan Document becomes or is highly likely to become impossible due to natural disaster, war, riot, suspension of service of transportation or accommodation facilities, etc., order of government authority or any event that is beyond the control of CREA.
(2) After departure
(i) Cancellation by the customer and reimbursement
A. If the customer cancels or temporarily leaves the Travel Contract on his/her own reason, the customer will be deemed to have waived his/her rights and CREA will not reimburse any payment.
B. If any Travel Service as stated in the contract document becomes unavailable, due to any reason not attributable to the customer, the customer may cancel a part of the Travel Contract relating to the unavailable Travel Service, without paying the cancellation fee. In this case, CREA will reimburse to the customer, out of the travel fee, the amount equivalent to the unavailable Travel Service. However, if such unavailability is not due to any reason attributable to CREA, CREA will reimburse the amount, after deducting the cancellation fee, penalty charge or other expenses already paid or payable thereafter, pertaining to such unavailable service.
(ii) Cancellation by CREA and reimbursement
A. Even after starting the travel, if any of the following items apply, CREA may cancel the Travel Contract, either in whole or in part, after providing explanation to the customer in advance.
a. If it is recognized that the customer is unable to continue the travel, due to disease, non-existence of necessary caretaker or any other reason;
b. If the customer fails to follow the directions of a tour conductor, local personnel or other persons that are given in order to secure safe and smooth implementation of the travel, or if the customer breaches discipline in group activities or disturbs the safe and smooth implementation of the travel, through violent behavior or threat against a tour conductor, local personnel, other persons or other travelers; or
c. If natural disaster, war, riot, suspension of service of transportation or accommodation facilities, etc., order of government authority or any event that is beyond the control of CREA occurs and continuance of the travel becomes impossible.
B. Effect of cancellation and reimbursement
In the event the Travel Contract is cancelled by either the customer or CREA due to any reason set out in paragraph (2) (ii) A. of this Section, if there is any expense, including, but not limited to, cancellation fee, or penalty charge, already paid or payable to a travel service provider, whose travel service is not provided because of the cancellation, such expense will be borne by the customer. In this case, CREA will reimburse to the customer the portion of the travel fee relevant to the travel service that is not provided, after deducting the cancellation fee, penalty charge or other items paid or payable thereafter by CREA to the travel service provider.
C. If CREA cancels the Travel Contract under a or c of paragraph (2) (ii) A. of this Section, CREA will, upon request of the customer, make arrangements necessary for the customer to return to the starting point, at the expense of the customer.
D. If CREA cancels the Travel Contract under the provision of paragraph (2) (ii) A., the contractual relationship between CREA and the customer will cease to exist from that time forward and will not have retroactive effect. Therefore, it will be deemed that CREA has effectively performed its obligation for Travel Services already provided to the customer.
(3) Period for reimbursement of the travel fee
In the case when the travel fee is reduced under the provisions of paragraphs (2) and (3) of Section 14 (Change of Travel Fee), and when CREA or the customer cancels the Travel Contract and any reimbursement is required, CREA will reimburse the amount within 7 days commencing on the day following the cancellation date, if the contract is cancelled before the departure, and within 30 days commencing on the day following the ending date of travel as described in the Contract Document, if the travel fee is reduced or the contract is cancelled after the departure.
17. Management of Travel Schedule
CREA will make efforts to secure safe and smooth implementation of travel and will provide the following services to the customer.
However, this shall not apply to the tours where the tour conductors are not accompanied as Section 19 (2). If CREA and the customer conclude a special contract having different terms, this clause will not apply.
(1) In the case when there is a fear that the Travel Service will not be provided to the customer during the travel, CREA will take necessary measures to secure the provision of Travel Service in accordance with the Travel Contract.
(2) In the case when the contract content must be changed regardless of taking the measures stipulated in paragraph (1) of this Section, CREA will arrange the substitute service. In this case, if the travel schedule is changed, CREA will make efforts so that the changed travel schedule will be consistent with the purpose of the original travel schedule. In addition, if the content of Travel Service is changed, CREA will make efforts so that the change will be minimum and the changed Travel Service will have the same content as the original Travel Service.
(3) Protective measures CREA may take necessary measures in the case when it is recognized that the customer needs protection due to disease, bodily injury, etc. during travel. In this case, if the reason for such necessity is not attributable to CREA’s fault, the expenses required for the measures will be borne by the customer and the customer will be required to pay the expenses no later than the date designated by CREA through a method designated by CREA.
18. Directions of CREA
If the customer acts as participant of the Order-Taking Type Customized Travel, the customer will, during the period from the start to the finish of travel excluding the time of free activities, be required to comply with CREA’s directions for the purpose of securing safe and smooth implementation of travel.
19. Tour Conductor
(1) A tour conductor will be, either in whole or in part, in charge of services necessary to secure safe and smooth implementation of travel and other services which are deemed necessary by CREA , if the travel is accompanied by a tour conductor, and local personnel of destination will be in charge of such services, if the travel is not accompanied by a tour conductor.
(2) For travel without a tour conductor, services described in Section 17 are not provided. The local contact information of CREA will be expressly indicated in the Final Travel Schedule.
(3) In principle, the service hours of the tour conductor will be from 08:00 to 20:00.
(4) The tour conductor will accompany the customer in order to make full efforts for travel schedule management. In addition, it is necessary under the Labor Standards Act to let the tour conductor take a rest break while working; the customer’s understanding would be highly appreciated in this regard.
20. CREA’s Liability
(1) If the Company or a person who carries out all or part of the arrangements for the Company (hereinafter referred to as “the Agent”) causes the client to incur losses through accident, error, or omission in implementing the Travel Contract, the Company shall reimburse the client for such losses, provided the Company is liable for such losses. (If only the client files a complaint with the Company from a day after and within two years of incurring such losses)
(2) The Agent refers to a local company or a person who makes arrangements of travel services (airplane, railway, bus, hotels, restaurants, etc.) in the travel destination for the customer on behalf of CREA.
(3) The scope of responsibility of CREA is limited to the case when the customer suffers losses due to the intention or negligence of CREA or the Agent. In case when the customer suffers losses due to the intention or negligence of travel service providers such as transportation or accommodation facilities (airplane, railway, bus, hotels, restaurants, etc.), which CREA or the Agent arranged, it would be the responsibility of the respective travel service providers.
(4) CREA strongly recommends buying travel insurance.
(5) If the Customer suffers damage due to any event that is beyond the control of CREA or the business agent of CREA, such as those listed below as examples, CREA will not be obligated to the liability under paragraph (1) of this Section.
A. Natural disaster, war, riot or any change of travel schedule or suspension of travel as a result of such events;
B. Suspension of service of transportation or accommodation facilities, etc. or any change of travel schedule or suspension of travel as a result of such events;
C. Order of government authority, limitation on departure and entry of foreigners or isolation due to epidemic, or any change of travel schedule or suspension of travel as a result of such events;
D. Accidents that occurred during the time of free activities;
E. Food poisoning;
F. Criminal act such as theft and fraud;
G. Delay, interruption, change of schedule, change of route, etc. of transportation or accommodation facilities, etc., or any change of travel schedule or reduction of time spent at the destination as a result of such event;
H. CREA’s liability will not cover medical treatment expenses for bodily injury suffered by the customer due to an accident or fire in transportation or accommodation facilities or willful act or negligence of a third party, or expenses, damage liability, rescue cost, etc. required for loss of life or medical treatment due to disease; or
I. Other events beyond the control of CREA
(3) Notwithstanding the provisions of Paragraph 1, CREA shall compensate for the damage referred to in the same Paragraph caused to baggage within the limits of 150,000 yen per Traveler (except in a case where the damage has been caused by CREA intentionally or by gross negligence) if CREA has been informed within 22 days from the date of occurrence of the damage.
21. Special Indemnity
(1) Regardless of whether the liability set out in the preceding Section (CREA’s Liability) arises or not, CREA will pay the loss of life indemnity, residual disability indemnity, hospitalization condolence money, or outpatient treatment condolence money to the customer or his/her heir-at-law, under the Rule of Special Compensation of the CREA stipulations, in the event the customer sustains any bodily injury caused by a sudden and accidental happening of external origin, while the customer is participating in an Order-Taking Type Customized Travel; provided, however, that CREA will not pay indemnity for cash, credit card, valuable goods, used film, or other items stipulated in Article 18, Paragraph 2 of the Rules of Special Compensation in the CREA stipulations. * This clause will not apply to the medical treatment expenses for bodily injury caused by an accident and expenses for loss of life and medical treatment, damage liability, expenses for rescue workers, etc. caused by disease.
(2) If the damage sustained by the customer while he/she is participating in an Order-Taking Type Customized Travel is caused by the customer’s willful act, driving under influence of alcohol, disease, etc. or other cases which are not included in the Order-Taking Type Customized Travel such as skydiving, hang-gliding, ultralight-power plane (including motor hang-glider, micro-light plane, ultralight plane, etc.) boarding, gyroplane boarding, or any other dangerous sports similar thereto during the time of free activities, CREA will not pay the indemnity and condolence money stipulated in paragraph (1) of this Section; provided, however, that if such sports are included in the travel schedule, this clause will not apply.
(3) If CREA bears the liability set out in the preceding Section (CREA’s Liability), the indemnity under this Section will be allocated to the damage liability to be borne by CREA, either in whole or in part.
(4) Upon request from the customer, CREA may accept to make arrangement so that the customer can leave the travel schedule and conduct his/her own activities. In this case, the travel with such free activities will be subject to an arranged travel contract and the special indemnity provisions of this Section will not apply.
(5) In the case when CREA is obligated to pay the indemnity under the paragraph (1) of this Section and also obligated to pay the damage liability under the preceding Section, if either of the obligations is performed, the both obligations will be deemed to have been performed to the extent of the amount of performed obligation.
(6) CREA has no responsibility to pay the compensation money or hospitalization condolence money which are prescribed in this section (1) for any loss suffered by the customer on the date which is explicitly stated in Contract Document as none of our Travel Service are provided.
22. Obligations of the Client
(1) If the Company incurs losses as a result of the client’s negligence, error, or omission, the Company may seek compensation from the client for such losses.
(2) Upon concluding the Travel Contract with the Company, the client is obligated to make his/her best efforts to utilize the information provided by the Company and be aware of his/her rights and obligations as well as other content of the Travel Contract. (3) In order to be smoothly provided with the travel service stated in the contract during the travel, should the client perceive that he/she is furnished travel service that falls short of that stated in the Travel Contract, he/she is requested to promptly notify the Company, its agent, or the service provider at the place where he/she is staying.
23. Optional Tour or Provision of Information
(1) The application of Section 21 (Special Indemnity) to an optional tour, which is planned and implemented by CREA for the customer participating in the Order-Taking Type Customized Travel of CREA upon receipt of a separate travel fee, will be treated as a part of the primary travel contract. Optional tours planned and implemented by CREA will be expressly indicated in the Brochures.
(2) In the case when it is expressly indicated in the Brochures that the planner of the optional tour is a local subsidiary other than CREA, CREA will pay the compensation for damage which is stipulated in Section 21 (Special Indemnity) and sustained by the customer while participating in the optional tour in accordance with said Section.
24. Guarantee of Travel Schedule
(1) In the event that any significant change is made to the contract content, as indicated in the left column of the following table (excluding the cases of the following subparagraphs (i) and (ii)), CREA will pay the compensation for change, which is the amount of the travel fee multiplied by the rate indicated in the right column of the following table, within 30 days commencing on the date following the finishing date of the travel. However, if it is clear that CREA bears the liability under Section 20 (CREA’s Liability) for such changed item, CREA will pay the amount as either whole or part of the damage liability, not as the compensation for change.
(i) In the case of change caused by any of the reasons set out below, CREA will not pay the compensation for change (except for the case where such changes are due to insufficiencies (overbooking) in seats, rooms or other transportation or accommodation facilities that are in service).
a. Bad weather or natural disaster causing disturbance in the travel schedule;
d. Order of government authority;
e. Suspension of service of transportation or accommodation facilities, etc., such as cancellation, service interruption and suspension of operation;
f. Provision of transportation service which is inconsistent with original schedule, such as delay and change of transportation schedule; or
g. Other measures necessary to secure safety of life or body of participant of the travel.
(ii) In the case when the change is pertaining to the part of the Travel Contract cancelled under the provisions of Section 16, CREA will not pay the compensation for change.
(2) Notwithstanding the provisions of paragraph (1) of this Section, the amount of the compensation for change payable by CREA under one Travel Contract will not exceed the amount of the travel fee multiplied by 15%. If the amount of the compensation for change is less than 1,000 yen, CREA will not pay the compensation for change.
(3) After CREA pays the compensation for change under the provisions of paragraph (1) of this Section, in the case when it becomes clear that CREA bears liability under Section 20 (CREA’s Liability) for such change, the customer will be required to refund to CREA the compensation for change associated with such change. In this case, CREA will set off the amount of damage payable by CREA under the said Section against the amount of compensation for change refundable by the customer; thereafter CREA will pay the remaining amount.
(4) Upon consent of the customer, CREA will provide at least equivalent goods or services instead of monetary payment of compensation for change.
Compensation for change
Amount of compensation for change = Following rate per one change × Travel fee to which the compensation for change is payable.
(Note 1) In the case when the Final Travel Schedule is provided, this table applies to the Final Travel Schedule by reading “Contract Document” as “Final Travel Schedule”. In this case, if any change exists between the description of the Contract Documents and the description of the Final Travel Schedule or between the description of the Final Travel Schedule and the content of Travel Service actually provided, each change will be treated as one change.
(Note 2) In the case when the transportation facilities, which are associated with the change described in item 3 or 4 of the above table, include the use of accommodation facilities, one night will be treated as one change.
(Note 3) The change of corporate name of the transportation facilities as indicated in 4 above will not apply to the case when the price of class or equipment is changed to a higher price.
(Note 4) In the case when more than one of the changes as indicated in item 4, 7, or 8 exist for one boarding, etc. or one night, such changes in one boarding, etc. or one night will be treated as one change.
(Note 5) The rate as indicated in items 1 to 8 above will not apply to the change indicated in item 9 above.
25.Reference for Terms and Conditions of the Travel and for Travel Fares Data for the terms and conditions of the travel are as of March 30, 2016. Rates for the travel fares are based on transportation tables and relevant regulations made public and in effect as of March 30, 2016.
26.Protection of Personal and Private Information
About Protection of Personal and Private Information and Use of Personal Information can be accessed at CREA’s website (http://www.creavoyage.com).
27.Protection of Intellectual Property
All inventions and devices, copyrighted works and trademarks which are made or created in providing the Travel Service, copyright and associated rights related to trademarks, industrial property rights, trade secrets, and any other intellectual property rights (including the rights, patents, utility models, industrial design and the rights to the trademark registration which are stipulated in the Copyright Law Articles 27 and 28; hereinafter referred to as "Intellectual Property Rights") belong to CREA. In addition, all intellectual property rights on trademarks and copyrighted works, which third-party service providers own or create, belong to the respective service providers.
(1) Any expenses incurred when the customer requests a tour conductor or local personnel to conduct a personal tour, personal shopping, etc., expenses associated with disease, bodily injury, etc. of the customer, loss of baggage due to negligence of the customer, expenses associated with recovery of lost property, or expenses required for arrangement of free activities shall be borne by the customer.
(2) CREA may introduce the customer to a souvenir shop, etc. for the customer’s convenience. In this case, the customer will purchase goods at the customer’s own liability. CREA will not provide assistance to the customer in replacing or returning the purchased goods, etc. In the case when duty-free tax refund is available, the customer will be required to keep the purchased goods as baggage and to follow procedures at the customer’s own responsibility after confirming with the souvenir shop, airport, etc. The customer is advised to pay adequate attention while purchasing goods, as there are certain items for which export to other countries is prohibited under the Washington Convention and several domestic laws and regulations.
(3) In any event, CREA will never re-implement the travel.
(4) The travel fee for a child or infant will be separately stipulated in each course.
(5) The scope within which CREA is obligated to control the Travel Schedule under the Travel Contract will be as follows: Within the scope which will be prescribed in Customized Plan Documents for obligation to manage the travel itinerary.
(6) Any dispute between the customer and CREA arising out of the contract will be subject to the exclusive jurisdiction of Japanese courts and will be governed by Japanese law.