Section on Travel Arrangement Contract

Travel Arrangement Contract Section, Chapter 1: General Provisions

Article 1 (Scope of Application)

Travel arrangement contracts concluded between the Company and travelers shall be governed by the provisions of these Terms and Conditions. Matters not provided for in these Terms and Conditions shall be governed by applicable laws and regulations or generally established customs.

2. Notwithstanding the provisions of the preceding paragraph, if the Company enters into a special contract in writing that does not violate laws and regulations and is not disadvantageous to the Traveler, such special contract shall take precedence.

Article 2 (Definitions)

In these Terms and Conditions, “Travel Arrangement Contract” means a contract under which the Company undertakes, at the Traveler’s request, to make arrangements—such as acting as an agent, intermediary, or broker on the Traveler’s behalf—so that the Traveler may receive transportation, lodging, and other travel-related services (hereinafter referred to as “Travel Services”) provided by transportation and lodging providers and other entities.

2. In these Terms and Conditions, “Planned Travel Arrangement Contract” means a Travel Arrangement Contract under which the Company agrees to receive a travel service handling fee from the traveler for planning and arrangements, or enters into a special provision as set forth in Article 26, Paragraph 1, and, upon the traveler’s request, undertakes to plan the travel and make arrangements so that the traveler may receive travel services in accordance with said plan.
3. In these Terms and Conditions, “Domestic Travel” refers solely to travel within Japan, and “Overseas Travel” refers to travel other than Domestic Travel.
4. In these Terms and Conditions, “travel cost” refers to the fares, accommodation fees, and other expenses paid by the Company to transportation and lodging providers, etc., for the purpose of arranging travel services, as well as the travel service handling fee prescribed by the Company (excluding change and cancellation fees).
5. In this section, “Communication Contract” refers to an arrangement travel contract concluded with a cardmember of a credit card company affiliated with the Company (hereinafter referred to as the “Affiliated Company”) via telephone, mail, facsimile, or other means of communication, and under which the traveler has given prior consent to the settlement of the Company’s claims or obligations regarding the travel cost, etc., arising from the travel arrangement contract with the traveler—in accordance with the affiliated company’s cardmember terms and conditions separately established on or after the date such claims or obligations are due—and agrees to pay the travel cost, etc., by the methods specified in Article 15, Paragraph 2 or Paragraph 5.
6. In this Part, “Electronic Notice of Acceptance” means a notice of acceptance of an application for a contract that is transmitted via a telecommunications line connecting the computer, facsimile machine, telex, or telephone (hereinafter referred to as “computer, etc.”) used by the Company with the computer, etc. used by the traveler, using a method that utilizes information and communications technology.
7. In these Terms and Conditions, “Card Usage Date” means the date on which the traveler or the Company is required to fulfill its obligation to pay or refund the travel fare, etc., pursuant to the Travel Arrangement Contract.

Article 3 (Termination of Arrangement Obligations)

Once the Company has arranged travel services with the care of a prudent manager, the Company’s obligations under the Travel Arrangement Contract shall be deemed fulfilled. Therefore, even if the Company is unable to conclude a contract with a carrier, accommodation provider, or other entity for the provision of travel services due to reasons such as full capacity, closure, or unsuitable conditions, the traveler must pay the Company the travel agency handling fee prescribed by the Company (hereinafter referred to as the “Handling Fee”) if the Company has fulfilled its obligations. In the case of a contract concluded via telecommunications, the card transaction date shall be the date on which the Company notifies the traveler that it was unable to conclude a contract with transportation or lodging providers, etc., for the provision of travel services.

Article 4 (Arrangement Agents)

In performing the Travel Arrangement Contract, the Company may delegate all or part of the arrangements to other travel agencies, persons engaged in the business of making arrangements, or other auxiliaries, whether within or outside Japan.

Chapter II: Formation of the Contract

Article 5: (Application for Contract)

A traveler intending to enter into an arrangement travel contract with the Company must complete the application form prescribed by the Company with the required information and submit it to the Company, along with an application fee in the amount separately specified by the Company.

2. Notwithstanding the provisions of the preceding paragraph, a traveler intending to enter into a correspondence contract with the Company must notify the Company of their membership number and the details of the travel services they wish to request.
3. The application fee referred to in paragraph 1 shall be treated as part of the travel cost, cancellation fees, and other amounts payable by the traveler to the Company.

Article 6 (Refusal to Enter into a Contract)

The Company may refuse to enter into a travel arrangement contract in the following cases: (i) When there are operational reasons on the part of the Company.

(ii) When seeking to enter into a telecommunications contract, and the traveler is unable to settle all or part of the debt related to the travel cost, etc., in accordance with the cardholder terms and conditions of the affiliated company, such as when the traveler’s credit card is invalid.

Article 7 (Time of Contract Formation)

The Travel Arrangement Contract shall be formed when the Company accepts the conclusion of the contract and receives the application fee specified in Article 5, Paragraph 1.

2. Notwithstanding the provisions of the preceding paragraph, a Correspondence Contract shall be formed when the Company issues a notice of acceptance of the application specified in Article 5, Paragraph 2. However, if an electronic notice of acceptance is issued for such a contract, the contract shall be formed when such notice reaches the traveler.

Article 8 (Special Provisions Regarding Contract Formation)

Notwithstanding the provisions of Article 5, Paragraph 1, the Company may, by means of a special written contract, form a travel arrangement contract solely upon acceptance of the contract, without receiving payment of the application fee.

2. In the case described in the preceding paragraph, the time of formation of the travel arrangement contract shall be specified in the written contract referred to in the preceding paragraph.

Article 9 (Special Provisions Regarding Tickets and Accommodation Vouchers, etc.)

Notwithstanding the provisions of Article 5, Paragraph 1 and the preceding Article, Paragraph 1, the Company may accept oral applications for travel arrangement contracts (excluding planned travel arrangement contracts) intended solely for the arrangement of transportation or lodging services, provided that the Company issues a document indicating the right to receive such travel services in exchange for the travel price.

2. In the case described in the preceding paragraph, the travel arrangement contract shall be deemed to have been concluded when the Company accepts the contract.

Article 10 (Contract Document)

Promptly after the conclusion of a travel arrangement contract, the Company shall provide the traveler with a document (hereinafter referred to as the “Contract Document”) setting forth the travel itinerary, the details of the travel services, other travel conditions, and matters concerning the Company’s liability. However, if the Company issues tickets, accommodation vouchers, or other documents evidencing the right to receive the travel services it arranges for all such services, it may refrain from providing the Contract Document.

2. In the event that the Company delivers the contract document referred to in the main text of the preceding paragraph, the scope of travel services that the Company is obligated to arrange under the Travel Arrangement Contract shall be as set forth in said contract document.

Article 10-2 (Use of Information and Communication Technology)

If, with the traveler’s prior consent, the Company, when intending to conclude an arranged travel contract, provides the matters to be set forth in the written document (hereinafter referred to in this Article as the “specified matters”)—which would otherwise be provided to the traveler in the form of a written document setting forth the itinerary, the details of travel services, other travel conditions, and matters concerning the Company’s liability—using information and communication technology in lieu of delivering such a written document, the Company shall confirm that the specified matters have been recorded in a file on the traveler’s communication device.

2. In the case described in the preceding paragraph, if the traveler’s communication device does not have a file in which to record the required information, we shall record the required information in a file on a communication device used by us (limited to those used exclusively for that traveler) and confirm that the traveler has viewed the required information.

Chapter III: Amendment and Termination of the Contract

Article 11 (Amendment of Contract Terms)

The traveler may request that the Company amend the travel itinerary, the content of travel services, or other terms of the travel arrangement contract. In such cases, the Company shall comply with the traveler’s request to the extent possible.

2. When the contents of the Travel Arrangement Contract are changed at the traveler’s request as described in the preceding paragraph, the traveler must bear any cancellation fees, penalty charges, or other costs associated with the change to the arrangements that are payable to transportation and lodging providers, etc., upon cancellation of arrangements that have already been completed, and must also pay the Company the change processing fee prescribed by the Company. Furthermore, any increase or decrease in the travel price resulting from such a change to the contents of the Travel Arrangement Contract shall be borne by the traveler.

Article 12 (Voluntary Cancellation by the Traveler)

The traveler may cancel the travel arrangement contract, in whole or in part, at any time.

2. If the Travel Arrangement Contract is terminated pursuant to the provisions of the preceding paragraph, the traveler must bear the cost of travel services already received, as well as cancellation fees, penalty charges, and other expenses already paid or to be paid to transportation and accommodation providers, etc., in connection with travel services not yet received; in addition, the traveler must pay to the Company the cancellation processing fee prescribed by the Company and the handling fee that the Company would have received.

Article 13 (Cancellation Due to Causes Attributable to the Traveler)

The Company may cancel the Travel Arrangement Contract in the following cases: (i) When the traveler fails to pay the travel charges by the prescribed date.

(ii) When a telecommunications contract has been concluded, and the traveler’s credit card becomes invalid or for other reasons the traveler is unable to settle all or part of the debt related to the travel charges, etc., in accordance with the cardholder terms and conditions of the affiliated company.

2. If the Travel Arrangement Contract is terminated pursuant to the provisions of the preceding paragraph, the Traveler shall bear the cancellation fees, penalty charges, and other expenses related to travel services not yet provided—including those already paid or to be paid to transportation and accommodation providers—and shall also pay to the Company the cancellation processing fee specified by the Company and the handling fee that the Company would have otherwise received.

Article 14 (Termination Due to Causes Attributable to the Company)

The traveler may cancel the travel arrangement contract if it becomes impossible to arrange travel services due to reasons attributable to the Company.

2. If the travel arrangement contract is canceled pursuant to the provisions of the preceding paragraph, the Company shall refund to the traveler the travel fees already received, excluding any expenses the traveler has already paid or is required to pay to transportation and accommodation providers, etc., as consideration for travel services the traveler has already received.

3. The provisions of the preceding paragraph shall not preclude the traveler from claiming damages from the Company.

Chapter IV: Travel Costs

Article 15 (Travel Costs)

The traveler must pay the travel costs to the Company by the date specified by the Company prior to the start of the trip.

2. When a telecommunications contract is concluded, the Company shall accept payment of the travel fare via a partner company’s credit card without requiring the traveler’s signature on the prescribed slip. In this case, the card transaction date shall be the date on which the Company notifies the traveler of the finalized travel service details.
3. Prior to the start of the trip, the Company may revise the travel fare if changes occur due to revisions in fares or rates charged by transportation or lodging providers, fluctuations in exchange rates, or other reasons.
4. In the case described in the preceding paragraph, any increase or decrease in the travel cost shall be borne by the traveler.
5. If the Company has entered into a communication contract with the traveler and expenses or other costs that the traveler is required to bear arise due to a third party or pursuant to the provisions of Chapter IV or Articles 25 or 26, the Company shall accept payment for such expenses or costs via a partner company’s card without the traveler’s signature on the prescribed slip. In such cases, the card transaction date shall be the date on which the Company notifies the traveler of the amount of expenses, etc., that the traveler is required to pay to the Company or the amount that the Company is required to refund to the traveler. However, if the Company terminates the travel arrangement contract pursuant to the provisions of Article 13, Paragraph 1, Item 2, the traveler must pay the expenses, etc., owed to the Company by the deadline specified by the Company and using the payment method specified by the Company.

Article 16 (Settlement of Travel Costs)

In the event that the amount of expenses paid by the Company to transportation and lodging providers, etc., for the purpose of arranging travel services—which are to be borne by the traveler—and handling fees (hereinafter referred to as the “settlement travel costs”) do not match the amount already received as travel costs, the Company shall promptly settle the travel costs after the conclusion of the trip in accordance with the provisions of the following paragraphs and paragraph 3.

2. If the settled travel cost exceeds the amount already received as the travel cost, the traveler must pay the difference to the Company.
3. If the settled travel cost is less than the amount already received as the travel cost, the Company shall refund the difference to the traveler.

Chapter V: Group Arrangements

Article 17 (Group Arrangements)

The Company shall apply the provisions of this chapter to the conclusion of a travel arrangement contract applied for by multiple travelers traveling the same itinerary at the same time who have designated a responsible representative (hereinafter referred to as the “Contract Representative”).

Article 18 (Contract Representative)

Unless otherwise agreed upon by special provision, the Company shall deem the Contract Representative to have full authority to act on behalf of the travelers comprising the organization or group (hereinafter referred to as “Members”) in concluding the travel arrangement contract, and shall conduct transactions related to travel services for said organization or group, as well as the duties specified in Article 21, Paragraph 1, with said Contract Representative.

2. The Contract Representative must submit a list of members to the Company or notify the Company of the number of members by the date specified by the Company.
3. The Company shall bear no liability whatsoever for any debts or obligations that the Contract Representative currently owes or is expected to owe in the future to the members.
4. If the Contract Representative does not accompany the group, the Company shall, after the commencement of the trip, deem a member previously designated by the Contract Representative to be the Contract Representative.

Article 19 (Special Provisions on Contract Formation and Delivery of Written Contract)

When concluding an Arranged Travel Contract with the Contract Representative, the Company may, notwithstanding the provisions of Article 5, Paragraph 1, accept the conclusion of the Arranged Travel Contract without receiving payment of the application deposit.

2. When concluding a travel arrangement contract without receiving an application deposit pursuant to the provisions of the preceding paragraph, the Company shall provide the Contract Representative with a written contract stating this fact, and the travel arrangement contract shall be deemed concluded at the time the Company delivers said written contract.

Article 20 (Changes to Travel Group Members)

If the Contract Representative requests a change to the travel group members, the Company shall accommodate such request to the extent possible.

2. Any increase or decrease in the travel price resulting from the change described in the preceding paragraph, as well as any expenses incurred in connection with such change, shall be borne by the travel group members.

Article 21 (Tour Escort Services)

Upon request by the Contract Representative, the Company may provide tour escort services by assigning a tour escort to accompany the group.

2. As a general rule, the scope of tour escort services provided by the tour escort shall consist of duties necessary for the group to proceed according to the predetermined travel itinerary.

3. As a general rule, the hours during which the tour escort provides services shall be from 8:00 a.m. to 8:00 p.m.

4. When the Company provides tour escort services, the Contract Representative must pay the Company the prescribed tour escort service fee.

Chapter VI: Planned and Arranged Travel

Article 22 (Planned and Arranged Travel)

The provisions of Articles 3 and 10 shall not apply to Planned and Arranged Travel Contracts.

Article 23 (Contract Document and Itinerary Document)

Promptly after the conclusion of a packaged tour contract, the Company shall provide the traveler with a document setting forth the travel itinerary and travel services to be included in the itinerary document described in the following paragraph, the details of the traveler’s request regarding such services, other travel conditions, the date by which the itinerary document must be delivered, and other matters concerning the Company’s responsibilities.

2. By the date specified in the preceding paragraph, the Company shall provide the traveler with a plan document setting forth the details of the plan, including the itinerary prepared in accordance with the traveler’s instructions, the details of the travel services, the travel price, and other travel conditions.

Article 24 (Acceptance of the Plan)

When the Company provides the plan document referred to in paragraph 2 of the preceding Article, the traveler must notify the Company of their acceptance or rejection of the plan by the date specified in the plan document.

2. If the traveler fails to provide the notice described in the preceding paragraph by the date specified in the proposal document, the Company shall set a specific period and request the traveler to provide such notice.
3. If the traveler fails to provide the notice described in paragraph 1 by the date specified in the preceding paragraph, the Company shall deem that the traveler provided a notice of non-acceptance as described in paragraph 1 (hereinafter referred to as the “Notice of Non-Acceptance”) at the time the Company delivered the proposal document under paragraph 2 of the preceding Article.
4. If the traveler provides notice of acceptance as described in Paragraph 1 (hereinafter referred to as the “Notice of Acceptance”), the traveler must pay the Company the handling fee for the itinerary (hereinafter referred to as the “Itinerary Fee”). In this case, the scope of travel services that the Company is obligated to arrange under the Arranged Travel Contract shall be as set forth in the itinerary document.
5. If the traveler issues a Notice of Non-Acceptance (including cases where the traveler is deemed to have issued such notice pursuant to the provisions of Paragraph 3), the Company shall deem the traveler to have rescinded the Package Tour Contract pursuant to the provisions of Article 12, Paragraph 1, as of the time of such notice.

Article 25 (Special Provisions Regarding Contract Amendments and Termination)

If the contents of the packaged tour contract are amended pursuant to the provisions of Article 11, Paragraph 1 before the traveler issues a notice of acceptance, the provisions of Paragraph 2 of the same Article shall not apply. In such cases, any increase or decrease in the travel price resulting from the amendment to the contents of the packaged tour contract shall be borne by the traveler.

2. If the packaged tour contract is terminated pursuant to the provisions of Article 12, Paragraph 1 or Article 13, Paragraph 1 before the traveler issues a notice of acceptance (including cases where the contract is deemed to have been terminated pursuant to the provisions of Paragraph 5 of the preceding Article; the same shall apply hereinafter), the provisions of Article 12, Paragraph 2 or Article 13, Paragraph 2 shall not apply. In such cases, the traveler must pay the planning fee to the Company; provided, however, that this shall not apply if the Company has not yet commenced planning.
3. If the Company fails to deliver the planning document to the traveler by the date specified in the written notice under Article 23, Paragraph 1, the traveler may cancel the packaged tour contract. In such cases, the Company shall refund any travel fees already received to the traveler.
4. With regard to travel services that the Company is obligated to arrange pursuant to Paragraph 4 of the preceding Article, if the Company is unable to conclude a contract with a carrier, accommodation provider, or other relevant party for the provision of such services, the Company shall promptly deliver a substitute itinerary document (hereinafter referred to as the “Substitute Itinerary Document”).
5. If the traveler accepts the itinerary set forth in the substitute itinerary document, the scope of the travel services that the Company is obligated to arrange pursuant to Paragraph 4 of the preceding Article shall be changed to that set forth in said substitute itinerary document. In such a case, any increase or decrease in the travel fare resulting from the change in the content of the packaged tour contract shall be borne by the traveler.
6. If the traveler does not accept the itinerary set forth in the Alternative Itinerary Document, the Company shall deem the traveler to have canceled the Travel Arrangement Contract. In such a case, the Company shall refund to the traveler any travel fees already received.

Article 26 (Special Provision on Lump-Sum Fees)

With respect to a packaged tour contract, the Company may enter into a special provision in writing (hereinafter referred to as the “Lump-Sum Fee Provision”) stipulating that the travel cost shall be a fixed amount without specifying its breakdown, and that no settlement of the travel cost shall be made.

2. Where a Lump-Sum Fee Provision has been concluded and the Planned and Arranged Travel Contract is terminated pursuant to the provisions of Article 12, Paragraph 1, notwithstanding the provisions of Paragraph 2 of the same Article and Paragraph 2 of the preceding Article, the traveler must pay the cancellation fee specified in the Appended Table to the Company. However, this shall not apply if the Company has not yet commenced arrangements.
3. Where a Comprehensive Fee Contract has been concluded and the Planned and Arranged Travel Contract is terminated pursuant to the provisions of Article 13, Paragraph 1, notwithstanding the provisions of Paragraph 2 of the same Article, the traveler must pay to the Company a penalty equal to the cancellation fee specified in the preceding paragraph that would apply if the traveler had terminated the Planned and Arranged Travel Contract on the day following the date specified in Article 15, Paragraph 1.
4. When a Package Price Special Contract has been concluded, the provisions of Article 15, Paragraphs 3 and 4, and Article 16 shall not apply; instead, the provisions of the following paragraphs through Paragraph 8 shall apply.
5. In cases where a Package Price Special Contract has been concluded, if the applicable fares and charges (hereinafter referred to in this Article as “Applicable Fares and Charges”) for the means of transportation to be used are increased or decreased compared to the Applicable Fares and Charges that were publicly announced as valid at the time the Special Contract was concluded, at the time the contract was concluded, the Company may increase or decrease the fixed travel cost specified in Paragraph 1 (hereinafter referred to as the “all-inclusive rate”) within the scope of such increase or decrease.
6. If the Company increases the all-inclusive rate pursuant to the provisions of the preceding paragraph, it shall notify the traveler of such increase no later than the fifteenth day prior to the travel start date, counting backward from the day before the travel start date.
7. If the applicable fares and charges are reduced, the Company shall reduce the package price by the amount of such reduction in accordance with the provisions of Paragraph 5.
8. If the package price is increased pursuant to the provisions of Paragraph 6, the traveler may, notwithstanding the provisions of Paragraph 2, terminate the packaged tour contract prior to the start of the tour without paying a cancellation fee.

Chapter VII: Liability

Article 27 (Our Liability)

In the performance of the Travel Arrangement Contract, if we or any party to whom we have outsourced arrangements pursuant to the provisions of Article 4 causes damage to the traveler through willful misconduct or negligence, we shall be liable to compensate for such damage. However, this shall apply only if notice is given to us within two years from the day following the occurrence of the damage.

2. Notwithstanding the provisions of the preceding paragraph, with respect to damage to baggage as described in the preceding paragraph, the Company shall compensate the traveler up to a maximum of 150,000 yen per traveler (except in cases where the Company acted with intent or gross negligence), provided that notice is given to the Company within fourteen days from the day following the occurrence of the damage for domestic travel, and within twenty-one days for overseas travel.

Article 28 (Special Compensation)

In performing the Planned and Arranged Travel Contract, regardless of whether the Company’s liability arises under the provisions of Paragraph 1 of the preceding Article, the Company shall pay compensation and condolence payments in predetermined amounts for certain damages sustained by a traveler to their life or body while participating in the Planned and Arranged Travel, in accordance with the provisions of Chapters 1 through 4 of the Special Compensation Regulations attached as an appendix to the Organized Travel Contract (hereinafter referred to as the “Special Compensation Regulations”). In this case, the term “Organized Tour” in the Special Compensation Regulations shall be read as “Planned and Arranged Tour.”

2. If the Company bears liability for the damages referred to in the preceding paragraph pursuant to the provisions of Paragraph 1 of the preceding Article, the compensation payable by the Company under the preceding paragraph shall be deemed to be the damages payable based on such liability, up to the limit of the amount of such damages.
3. In the case provided for in the preceding paragraph, our obligation to pay compensation under the provisions of paragraph 1 shall be reduced by an amount equivalent to the damages we are required to pay pursuant to the provisions of paragraph 1 of the preceding Article (including compensation deemed to be damages pursuant to the provisions of the preceding paragraph).

Article 29 (Liability of Travelers)

If we suffer damage due to the willful act or negligence of a traveler, such traveler shall be liable to compensate us for the damage.

Chapter VIII: Business Security Deposit (In Cases Where the Company Is Not a Guaranteeing Member of the Travel Industry Association)

Chapter 8: Business Security Deposit (For Non-Guarantor Members of the Travel Industry Association)

Article 30 (Business Security Deposit)

A traveler or member who has entered into a travel arrangement contract with the Company may receive payment from the business security deposit that the Company has deposited pursuant to the provisions of Article 7, Paragraph 1 of the Travel Agency Act, with respect to claims arising from such transaction.

2. The name and location of the depository where the Company has deposited its business guarantee deposit are as follows: (i) Name

(ii) Location

Chapter 8: Compensation Operations Guarantee Deposit (In Cases Where the Company Is a Guaranteeing Member of the Travel Industry Association)

Article 30 (Compensation Operations Guarantee Deposit)

The Company is a guaranteeing member of the Japan Association of Travel Agents (4-2-19 Akasaka, Minato-ku, Tokyo).

2. Travelers or participants who have entered into a travel arrangement contract with the Company may receive reimbursement from the compensation business guarantee deposit deposited by the Japan Association of Travel Agents (as described in the preceding paragraph) up to 70 million yen for claims arising from such transactions.
3. Pursuant to the provisions of Article 22-10, Paragraph 1 of the Travel Agency Act, the Company pays a contribution to the Travel Service Guarantee Fund to the Japan Association of Travel Agents (incorporated association); therefore, the Company has not deposited a business guarantee deposit as required under Article 7, Paragraph 1 of the same Act.

Esprit Golf Overseas Travel Arrangements: Terms and Conditions

These Travel Conditions constitute part of the written explanation of transaction conditions prescribed in Article 12-4 of the Travel Agency Act and the written contract prescribed in Article 12-5 of the same Act.

Travel Arrangement Contract

(1) The customer and Esprit Golf Co., Ltd. or the travel agency through which the application was made (hereinafter collectively referred to as “the Company”) shall enter into a travel arrangement contract (hereinafter referred to as the “Travel Contract”).

(2) At the Customer’s request, the Company undertakes to make arrangements—through agency, mediation, or intermediation on the Customer’s behalf—to enable the Customer to receive transportation, lodging, and other travel-related services (hereinafter referred to as “Travel Services”) provided by transportation and lodging providers and other entities.

(3) In arranging the trip, the Company will charge a prescribed handling fee in addition to the fares, rates, and other expenses (hereinafter referred to as “Travel Expenses”) paid to transportation and lodging providers and other entities.

(4) The terms and conditions of the Travel Contract shall be governed by this Travel Conditions Document; matters not specified herein shall be governed by the section on Travel Arrangement Contracts in the Company’s Travel Agency Terms and Conditions (hereinafter referred to as “the Company’s Terms and Conditions”). If you wish to obtain a copy of our Terms and Conditions, please request one from us. Alternatively, you may view them on our website.

Travel Application and Effective Date of the Contract

(1) Please submit your application by providing the required information and paying the prescribed application fee. Depending on our operational needs, we may ask you to fill out a dedicated form or online screen with the necessary details. The application fee will be treated as a portion of the travel cost or toward cancellation fees and penalties. Please pay the remaining balance by the 14th day prior to the travel start date, so that we can confirm receipt by that date. If you apply on or after the 14th day prior to the travel start date, please pay by the deadline specified by us prior to the travel start date.

(2) The travel contract is formed when we accept the contract and receive the application fee.

(3) Notwithstanding paragraph (2) above, the contract is formed without receipt of the application fee in the following cases:

[1] When a written notice stating the intention to conclude the contract is delivered to the customer without receipt of the application fee. (The contract is formed at the time the document is handed over; in the case of mail, at the time of mailing; and in the case of fax, email, the Internet, etc., at the time it reaches the customer.)

[2] When we provide a document indicating the right to receive travel services in exchange for the travel fare by the travel departure date. (The contract is formed at the time we accept the contract.)

Application Conditions

(1) If you have health issues, use assistive devices such as a wheelchair, have a physical or mental disability, have food or animal allergies, are pregnant or may be pregnant, are accompanied by a service animal (guide dog, hearing dog, or assistance dog), or require other special accommodations, please notify us at the time of application that you require special consideration for participation. (Please also notify us immediately if any of these conditions arise after the travel contract has been concluded.) We will provide you with further guidance; please specify the details of the measures required during your trip.

(2) Upon receiving a notification as described in the preceding paragraph, we will accommodate your request to the extent that it is possible and reasonable. In doing so, we may ask you about your circumstances and the necessary measures, or request that you provide this information in writing.

(3) We may refuse your application if it is determined that you are a member of, or associated with, an organized crime group or other antisocial forces; if you make violent or unreasonable demands, engage in threatening behavior, or use violence against us; or if you spread rumors, use deception or coercion to damage our reputation, or interfere with our business operations.

(4) Persons under the age of 18 require the consent of a legal guardian.

(5) We may also refuse your application for other operational reasons.

Delivery of Contract Documents

Promptly after the travel contract is concluded, we will provide you with a written contract detailing the travel itinerary, the content of travel services, other travel conditions, and matters concerning our liability. The written contract consists of these Travel Conditions, the Travel Acceptance Form, the Itinerary, the Travel Cost Estimate, and other documents. However, if we provide tickets, accommodation vouchers, or other documents indicating the right to receive travel services for all travel services arranged by us, we may not provide the contract document.

Payment of Travel Costs and Changes to Amounts

(1) Please pay the travel costs (meaning travel expenses and our handling fees) by the date specified in the contract document.

(2) We may adjust the travel cost prior to the start of the trip if changes occur due to revisions in fares or rates by transportation or lodging providers, fluctuations in exchange rates, or other reasons.

(3) If the actual travel cost incurred differs from the amount received, we will settle the difference promptly after the trip concludes.

(4) Even if you do not enter into a telecommunications contract, if you are a cardmember of one of our partner card companies and have given your consent, we may charge the travel cost (including the application fee and any amounts listed as additional charges), cancellation fees, penalty fees, and other additional expenses to your partner company’s card without your signature. In such cases, the card transaction date shall be deemed to be the date of your consent, unless you specify otherwise.

Travel Arrangements

You are responsible for handling all travel arrangements required for your trip, such as obtaining passports, visas, and vaccination certificates. However, under a travel arrangement agency contract, we may handle part of these arrangements for a prescribed fee. In such cases, we shall not be liable if you are unable to obtain a passport, visa, or other required documents due to reasons attributable to you.

Changes to the Travel Contract

If you request a change to the terms of the contract, we will accommodate your request to the extent possible. In such cases, we may adjust the travel price. Additionally, we will charge the following fees:

[1] Cancellation fees and penalties payable to transportation and accommodation providers, etc., due to the change (including refund processing fees if airline tickets have already been issued)

[2] Our prescribed change processing fee

Cancellation of the Travel Contract

(1) You may cancel all or part of the travel contract at any time by paying the fees specified in paragraph (5) of this section. Requests for cancellation will be accepted during our business hours.

(2) If it becomes impossible to arrange travel services for reasons attributable to us, you may cancel the travel contract. In such cases, we will refund the travel fees already received, minus the costs paid to the travel service providers as compensation for travel services the customer has already received.

(3) If the customer fails to pay the travel fees by the deadline specified in Paragraph 5, we may cancel the travel contract. In such cases, the customer shall pay the fees specified in Paragraph (5) of this section.

(4) We may cancel the travel contract if it is determined that the customer is a member of an organized crime group, an associate of such a group, or otherwise affiliated with antisocial forces; if the customer makes violent or unreasonable demands, engages in threatening behavior or acts of violence against us; or if the customer spreads rumors, uses deception or coercion to damage our reputation, or interferes with our business operations. In such cases, the customer shall pay the fees specified in paragraph (5) of this section.

(5) In cases falling under paragraphs (1), (3), or (4) of this section, you shall pay the following fees:

[1] The cost of travel services already received by you, or fees payable to the travel service provider under the heading of cancellation fees, penalty charges, etc., for travel services not yet provided (including refund processing fees if airline tickets have already been issued).

[2] The cancellation processing fee prescribed by the Company

[3] The handling fee that the Company would have received

Group Arrangements

Travel contracts for which multiple travelers (hereinafter referred to as “group members”) traveling the same itinerary at the same time have designated a responsible representative and submitted an application shall be handled as follows.

(1) We will treat the representative designated by the customer (hereinafter referred to as the “Contract Representative”) as having full authority to act on behalf of the members regarding the conclusion of the travel contract, and will conduct all transactions related to said travel contract with the Contract Representative.

(2) We assume no liability whatsoever for any debts or obligations that the Contract Representative currently owes or is expected to owe to the members in the future.

(3) The Contract Representative must submit a list of participants by the date specified by us after the contract is concluded. The Contract Representative shall obtain the consent of each participant regarding the disclosure of their information to third parties pursuant to Paragraph 17.

(4) If the Contract Representative does not accompany the group, a participant designated in advance by the Contract Representative shall be deemed the Contract Representative after the trip begins.

(5) If the Contract Representative requests a change in the participants, the Company will accommodate such a request to the extent possible. Any increase or decrease in travel expenses resulting from a change in participants shall be borne by the participants.

(6) Customers are responsible for managing the trip themselves; however, upon request by the Contract Representative and upon receipt of the prescribed tour escort service fee, the Company will provide tour escort services. As a general rule, the scope of the tour escort’s services shall consist of duties necessary for the group to travel together according to the predetermined itinerary. The tour escort shall perform these duties under the instructions of the Contract Representative. Furthermore, the tour escort’s working hours shall generally be from 8:00 a.m. to 8:00 p.m.

Our Liability, Compensation for Damages, and Disclaimers

(1) The scope of our liability is limited to the arrangements described in Paragraph 1(2).

(2) In the course of fulfilling the travel contract, if the Company or a party acting on the Company’s behalf to make arrangements (hereinafter referred to as the “Arrangement Agent”) causes damage to the Customer through willful misconduct or negligence, the Company shall compensate the Customer for the damage sustained. However, this applies only if the Company is notified within two years from the day following the occurrence of the damage.

(3) The Company shall not be liable under Paragraph (1) of this section if the Customer suffers damage due to any of the following causes:

① Natural disasters, wars, riots, or changes to the travel itinerary or cancellation of the trip resulting from these events; ② Damage caused by accidents or fires involving transportation or lodging providers; ③ Suspension of services by transportation or lodging providers, or changes to the travel itinerary or cancellation of the trip resulting from such suspension; ④ Orders from government authorities, or changes to the travel itinerary or cancellation of the trip resulting from such orders; ⑤ Food poisoning; ⑥ Theft; ⑦ Delays, service suspension, schedule changes, route changes, etc., or changes to the travel itinerary resulting therefrom; ⑧ Damage caused by the customer’s own willful act or negligence; ⑨ Damage caused by other reasons beyond the control of the Company or its travel agent

(4) With regard to damage to baggage as described in Paragraph (2) of this section, notwithstanding the provisions of Paragraph (2) of this section, we will provide compensation only if a claim is filed with us within 21 days from the day following the occurrence of the damage. However, regardless of the amount of damage, the maximum compensation we will pay is 150,000 yen per person (except in cases where we are found to have acted with intent or gross negligence).

Customer Liability

If the Company suffers damage due to the customer’s willful misconduct, negligence, or conduct contrary to laws, regulations, or public order and morals, the Company shall seek compensation for such damage from the customer.

12. Non-Application of Special Compensation Regulations

The Special Compensation Regulations attached as an appendix to the Company’s Travel Agency Terms and Conditions do not apply to this travel contract.

Travel Conditions Under a Correspondence Contract

We may accept travel applications from card members (hereinafter “Members”) of credit card companies with which we have a partnership (hereinafter “Partner Companies”) on the condition that we “receive payment for travel costs, cancellation fees, etc., without the Member’s signature on the prescribed form” (hereinafter “Correspondence Contract”).

The “Travel Conditions Under a Correspondence Contract” differ from the “Travel Conditions for Standard Travel Contracts” in the following respects.

(1) A travel contract under a mail-order contract shall be deemed concluded when a notice of our acceptance of the travel contract reaches the customer. In addition, when making a reservation, the customer must provide us with their “member number, card expiration date,” and other relevant information.

(2) “Card Usage Date” refers to the date on which the member and we are required to fulfill our obligations regarding payment or refund of travel costs, etc., under the travel contract. The credit card usage date for the travel fare shall be the date on which we notify the customer of the confirmed travel services. Furthermore, the “prescribed fees related to contract cancellation” specified in Paragraph 8 shall be refunded, with the amount deducted from the travel fare, using the credit card usage date calculated within seven days from the day following the date the cancellation request was made. = Related to Paragraphs 5 and 8

(3) If payment cannot be made using the credit card designated by the member due to credit issues or other reasons, we will cancel the contract and charge the fee specified in Paragraph 8(3). However, this does not apply if payment of the travel fare in cash is received by the deadline separately specified by us.

Regarding Overseas Safety Information

Depending on the destination, travel-related information for specific countries or regions—such as the “Ministry of Foreign Affairs Overseas Safety Information”—may be issued. We will provide you with a document regarding this overseas safety information at the time of application. Please also check the “Ministry of Foreign Affairs Overseas Safety Website: https://www.anzen.mofa.go.jp/.” We do not accept travel arrangements for countries or regions for which the Ministry of Foreign Affairs has issued a “Level 4: Evacuate. Do not travel. (Evacuation Advisory)” under its “Overseas Risk Information.” Furthermore, we do not accept travel arrangements for countries or regions for which a “Level 3: Do not travel. (Travel Suspension Advisory)” has been issued, except in unavoidable cases such as business travel. We also recommend that you register with the Ministry of Foreign Affairs’ “Tabi-Regi” system (https://www.ezairyu.mofa.go.jp/tabireg/), where you can register your travel itinerary, accommodations, and contact information to receive the latest safety alerts for your destination and emergency notification emails.

Health Information

Please check the “Ministry of Health, Labor and Welfare Quarantine and Infectious Diseases Information Website” (https://www.forth.go.jp/) for information on health conditions at your destination.

Regarding Overseas Travel Insurance

If you become ill or are injured during your trip, you may incur substantial medical and transportation expenses. Furthermore, in the event of an accident, it may be extremely difficult to file a claim for damages against the party at fault or to recover compensation. To cover these risks, we recommend that you purchase overseas travel insurance with sufficient coverage on your own. Please consult a sales representative at the agency where you made your booking for information regarding overseas travel insurance.

Handling of Personal Information

(1) When accepting a travel application, our company will collect your personal information regarding specified items. While you are free to choose which items of personal information to provide to our company, if you do not provide all or part of the required personal information, and if we are unable to take the necessary steps to contact you, arrange travel services, or facilitate your receipt of those services, we may be unable to accept your application or request.

The (General) Travel Business Manager will handle the collected personal information on behalf of the Personal Information Manager.

(2) In addition to using the personal information collected under the preceding paragraph to contact you, we will provide the personal data collected pursuant to the preceding paragraph, along with the flight information for your trip, to transportation providers, lodging facilities, insurance companies, government agencies, and souvenir shops (including transfers overseas) to the extent necessary for arranging travel services, processing procedures for receiving such services, and facilitating your shopping at souvenir shops at your travel destination. In addition, we may use the personal information obtained as described in the preceding paragraph, as well as personal information such as your browsing history on our website, purchase history, and usage history of our apps, for the following purposes: (1) to provide information on products, services, and campaigns offered by our partner companies; (2) to request your feedback and impressions after participating in a trip; (3) to request your participation in surveys; (4) to provide benefit services; and (5) to compile statistical data.

(3) In preparation for the possibility of illness, accidents, or other incidents occurring during your trip, we may ask for the personal information of your designated contact person. We will use this personal information only if you become ill or experience a similar situation and we determine that it is necessary to contact the designated contact person. You are responsible for obtaining the consent of the designated contact person before providing their personal information to us.

(4) We may outsource part or all of the operations involving the handling of personal information obtained under Section (1) of this article—including itinerary management services such as travel arrangements and tour escort services, as well as referral services at airports and other locations—to third parties (including transfers overseas). In such cases, we will select the contracted third-party companies based on our standards and entrust them with the personal information only after entering into confidentiality contracts with them.

(5) We will jointly use with our group companies the minimum necessary personal data held by us—such as names, addresses, telephone numbers, or email addresses—required to contact customers. These group companies may use such information for their respective business promotions, to simplify customer applications, to provide information on events, and to ship purchased products. Please refer to our website at “https://espritgolf.net” for information regarding the contact point for requests to disclose, correct, or delete your personal data, the names of our group companies with which we jointly use your personal data, and the group company responsible for managing your personal data.

(6) We will respond promptly to any requests from customers for notification of the purpose of use, disclosure, correction, addition, deletion, suspension of use, erasure, or records of provision to third parties.

(7) For information regarding the legal systems of foreign countries to which we transfer your personal data as described in Items 2 and 4 above, please refer to our website at “https://espritgolf.net.”

(8) The businesses to which we transfer customers’ personal data overseas as described in Item 2 above generally implement measures for the protection of personal information that comply with the eight principles of the OECD Privacy Guidelines; however, if certain measures have not been implemented, we will provide information regarding this fact and the details thereof in the written explanation of the specific terms and conditions of the transaction.

Other Matters

(1) You will be responsible for any expenses incurred in connection with requests you make to tour guides or other staff for personal assistance or shopping; expenses arising from your injury or illness; expenses associated with retrieving lost or forgotten luggage due to your negligence; and expenses incurred in arranging for you to travel separately from the group.

(2) We may take you to souvenir shops for your convenience; however, any purchases made there are your sole responsibility. We are unable to assist with exchanges or returns of merchandise. If a tax refund is available, please be sure to carry your purchases in your carry-on luggage, and please confirm the procedures at the souvenir shop, airport, or other relevant location and complete them yourself. Please exercise extreme caution when making purchases, as certain items are prohibited from being brought into Japan under the Washington Convention and various domestic laws and regulations.

(3) For local tours, the responsibilities of the tour operator and the customer are governed entirely by the tour operator’s regulations and local laws.

(4) Under no circumstances will our company reschedule the trip.

Based on standards as of April 2022