Contract Documents
Esprit Golf Overseas Travel Arrangement Terms and Conditions
These Travel Terms and Conditions constitute part of the Explanation of Transaction Conditions prescribed in Article 12-4 of the Japanese Travel Agency Act and the Contract Document prescribed in Article 12-5 of the same Act.
Travel Arrangement Contract
(1)
A Travel Arrangement Contract (hereinafter referred to as the “Travel Contract”) shall be concluded between the customer and Esprit Golf, Inc., or the travel agency through which the customer submits the application (hereinafter collectively referred to as the “Company”).
(2)
At the request of the customer, the Company undertakes to make arrangements, acting as an agent, intermediary, or broker, to enable the customer to receive transportation, accommodation, and other travel-related services (hereinafter referred to as “Travel Services”) provided by transportation companies, accommodation providers, and other travel service suppliers.
(3)
In arranging the travel, the Company shall charge, in addition to the fares, accommodation charges, and other expenses payable to transportation companies, accommodation providers, and other travel service suppliers (hereinafter referred to as the “Travel Expenses”), the prescribed Travel Arrangement Service Fees.
(4)
The terms and conditions of the Travel Contract shall be governed by these Travel Terms and Conditions. Matters not specifically provided for herein shall be governed by the Travel Arrangement Contract Section of the Company’s General Terms and Conditions of Business (hereinafter referred to as the “Company Terms and Conditions”).
A copy of the Company’s Terms and Conditions is available upon request and may also be viewed on the Company’s official website.
Travel Applications and Formation of the Contract
(1)
Please submit the required information together with the prescribed deposit when making your application.
Depending on operational requirements, the Company may request that the customer complete the necessary information on a designated application form or electronic application screen.
The deposit shall be treated as part of the Tour Price, Cancellation Charges, or Penalty Charges, as applicable.
The balance of the Tour Price must be paid so that payment is confirmed by the Company no later than the 14th day prior to the departure date.
For applications submitted on or after the 14th day prior to departure, payment must be completed by the date separately designated by the Company before the commencement of the trip.
(2)
The Travel Contract shall become effective when the Company accepts the customer’s application and receives the prescribed deposit.
(3)
Notwithstanding Paragraph (2) above, the Travel Contract shall become effective without receipt of the prescribed deposit in either of the following cases:
(i)
Where the Company issues a written notice stating that the Travel Contract shall be concluded without receipt of the prescribed deposit, and such notice reaches the customer.
For this purpose,
hand delivery: when the document is delivered;
postal mail: when the notice is dispatched;
facsimile, e-mail, Internet, or other electronic communication: when the notice reaches the customer.
(ii)
Where, prior to departure, the Company delivers to the customer a document evidencing the customer’s entitlement to receive the Travel Services in exchange for payment of the Tour Price.
In such case, the Travel Contract shall become effective when the Company accepts the customer’s application.
3. Eligibility for Application
(1)
Customers who have health conditions, use wheelchairs or other assistive devices, have physical or mental disabilities, suffer from food or animal allergies, are pregnant or may be pregnant, travel with an assistance dog (guide dog, hearing dog, or service dog), or otherwise require special assistance are requested to notify the Company at the time of application of any special arrangements required for participation in the trip.
(If any of these circumstances arise after the Travel Contract has been concluded, please notify the Company immediately.)
The Company will provide further guidance and ask the customer to specify the assistance or arrangements required during the trip.
(2)
Upon receiving such a request, the Company will make reasonable efforts to accommodate the customer’s needs to the extent reasonably practicable.
In doing so, the Company may ask the customer to provide further information regarding his or her condition and the assistance required, either verbally or in writing.
(3)
The Company reserves the right to refuse an application if it is determined that the customer:
is a member of an organized crime group, an affiliate of such organization, or any other anti-social organization;
has made violent, threatening, coercive, or otherwise unreasonable demands toward the Company;
has engaged in acts of intimidation or violence;
has spread false rumors or used fraudulent or coercive means to damage the Company’s reputation or interfere with its business operations.
(4)
Applicants under 18 years of age must obtain the consent of a parent or legal guardian.
(5)
The Company may also refuse an application where necessary due to operational or business reasons.
4. Delivery of the Contract Document
After the Travel Contract has been concluded, the Company will promptly provide the customer with a Contract Document describing the itinerary, the Travel Services to be provided, other travel conditions, and matters relating to the Company’s responsibilities.
The Contract Document shall consist of, as applicable:
these Travel Terms and Conditions;
the Travel Confirmation;
the itinerary;
the Tour Price Quotation; and
other relevant travel documents.
However, where the Company delivers tickets, accommodation vouchers, or other documents evidencing the customer’s entitlement to receive all Travel Services arranged by the Company, a separate Contract Document may not be issued.
5. Payment and Adjustment of the Tour Price
(1)
The Tour Price (consisting of the Travel Expenses and the Company’s Travel Arrangement Service Fees) shall be paid by the payment date specified in the Contract Document.
(2)
Prior to the commencement of the trip, the Company may revise the Tour Price if changes occur due to revisions in transportation or accommodation charges, fluctuations in foreign exchange rates, or other circumstances affecting the cost of travel.
(3)
If the Tour Price actually incurred differs from the amount collected, the Company shall promptly settle the difference after completion of the trip.
(4)
Even where the customer has not entered into a Communication Contract, if the customer is a cardholder of one of the Company’s affiliated credit card companies and has given consent, the Company may charge the customer’s credit card, without requiring the customer’s signature, for the Tour Price (including deposits and additional charges), Cancellation Charges, Penalty Charges, additional expenses, and other applicable amounts.
Unless otherwise instructed by the customer, the Card Use Date shall be deemed to be the date on which the customer gives such consent.
6. Travel Documentation and Entry Formalities
Customers are responsible for obtaining and completing all travel documentation and entry formalities required for the trip, including passports, visas, vaccination certificates, and other necessary documents.
However, under a separate Travel Documentation Assistance Contract, the Company may, upon payment of the prescribed service fee, assist the customer with certain travel documentation procedures.
In such cases, the Company shall not be liable if the customer is unable to obtain a passport, visa, or other required documentation due to circumstances attributable to the customer.
7. Changes to the Travel Contract
If the customer requests a change to the terms of the Travel Contract, the Company will endeavor to accommodate such request to the extent reasonably practicable.
In such cases, the Company may revise the Tour Price accordingly.
The customer shall also be responsible for the following charges:
(1) Any cancellation charges or penalty charges payable to transportation companies, accommodation providers, or other travel service suppliers as a result of the requested change (including airline ticket refund processing fees where tickets have already been issued).
(2) The Company’s prescribed Change Handling Fees.
8. Termination of the Travel Contract
(1)
The customer may terminate the Travel Contract, in whole or in part, at any time by paying the charges specified in Paragraph (5) below.
Requests for cancellation or termination will be accepted only during the Company’s regular business hours.
(2)
If the Company is unable to arrange the requested Travel Services due to reasons attributable to the Company, the customer may terminate the Travel Contract.
In such case, the Company shall refund the Tour Price already received after deducting the cost of Travel Services already provided and paid to the respective service providers.
(3)
If the customer fails to pay the Tour Price by the payment deadline specified in Section 5, the Company may terminate the Travel Contract.
In such event, the customer shall pay the charges specified in Paragraph (5) below.
(4)
The Company may terminate the Travel Contract if it is determined that the customer:
is a member of an organized crime group, an affiliate of such organization, or any other anti-social organization;
has made violent, threatening, coercive, or otherwise unreasonable demands toward the Company;
has engaged in acts of intimidation or violence;
has spread false rumors or used fraudulent or coercive means to damage the Company’s reputation or interfere with its business operations.
In such event, the customer shall pay the charges specified in Paragraph (5) below.
(5)
Where Paragraphs (1), (3), or (4) above apply, the customer shall pay the following amounts:
(1)
The value of the Travel Services already received by the customer and any cancellation charges, penalty charges, or other amounts payable to transportation companies, accommodation providers, or other travel service suppliers with respect to Travel Services not yet provided (including airline ticket refund processing fees where tickets have already been issued).
(2)
The Company’s prescribed Cancellation Handling Fees.
(3)
The Travel Arrangement Service Fees that the Company would otherwise have earned.
9. Group Travel Arrangements
The following provisions shall apply where two or more customers (hereinafter referred to as the “Group Members”) traveling on the same itinerary appoint a representative to apply for the Travel Contract on behalf of the group.
(1)
The Company shall regard the representative appointed by the customers (hereinafter referred to as the “Contract Representative”) as having full authority to act on behalf of all Group Members in connection with the conclusion of the Travel Contract.
Accordingly, all communications and transactions relating to the Travel Contract shall be conducted between the Company and the Contract Representative.
(2)
The Company shall not be responsible for any obligations or liabilities that the Contract Representative currently owes, or may in the future owe, to any Group Member.
(3)
The Contract Representative shall submit a complete list of all Group Members to the Company by the date specified by the Company following execution of the Travel Contract.
The Contract Representative shall obtain the consent of each Group Member regarding the disclosure of personal information to third parties as provided in Section 17.
(4)
If the Contract Representative does not accompany the group during the trip, the Company shall regard the Group Member designated in advance by the Contract Representative as the Contract Representative after the commencement of the trip.
(5)
If the Contract Representative requests a change in the Group Members, the Company will endeavor to accommodate such request to the extent reasonably practicable.
Any increase or decrease in the Travel Expenses resulting from such change shall be borne by the Group Members.
(6)
The operation and management of the tour shall be the responsibility of the customers.
However, at the request of the Contract Representative, the Company may provide the services of a Tour Escort upon payment of the prescribed Tour Escort Service Fee.
The duties of the Tour Escort shall, in principle, be limited to those necessary for facilitating the scheduled group activities in accordance with the itinerary.
The Tour Escort shall perform such duties under the instructions of the Contract Representative.
Unless otherwise specified, the Tour Escort’s standard working hours shall be from 8:00 a.m. to 8:00 p.m.
10. Company’s Liability, Compensation for Damages, and Disclaimer
(1)
The Company’s responsibility shall be limited to the travel arrangement services described in Section 1(2) of these Travel Terms and Conditions.
(2)
If, in performing the Travel Contract, the Company or any person engaged by the Company to arrange Travel Services on its behalf (hereinafter referred to as the “Travel Arrangement Agent”) causes damage to the customer through intentional misconduct or negligence, the Company shall compensate the customer for such damage.
However, such compensation shall be payable only if the customer notifies the Company within two (2) years from the day following the occurrence of the damage.
(3)
The Company shall not be liable for any loss or damage suffered by the customer arising from, or attributable to, any of the following circumstances:
Natural disasters, war, civil unrest, or any resulting change or cancellation of the itinerary.
Accidents involving transportation providers or accommodation providers, or fire.
Suspension or discontinuation of services by transportation providers, accommodation providers, or other travel service suppliers, or any resulting change or cancellation of the itinerary.
Orders or directives issued by governmental authorities, or any resulting change or cancellation of the itinerary.
Food poisoning.
Theft.
Delays, service interruptions, schedule changes, or route changes by transportation providers, or any resulting change to the itinerary.
Loss or damage caused intentionally or negligently by the customer.
Any other circumstances beyond the reasonable control of the Company or the Company’s Travel Arrangement Agent.
(4)
Notwithstanding Paragraph (2) above, compensation for loss or damage to baggage shall be payable only if the customer notifies the Company within twenty-one (21) days from the day following the occurrence of such loss or damage.
Except in cases of intentional misconduct or gross negligence on the part of the Company, the maximum amount of compensation payable shall be JPY 150,000 per traveler, regardless of the actual amount of the loss.
11.Customer’s Responsibility
If the Company suffers any loss or damage as a result of the customer’s intentional misconduct, negligence, violation of applicable laws, or conduct contrary to public order and good morals, the customer shall compensate the Company for such loss or damage.
12. Non-Application of the Special Compensation Provisions
The Special Compensation Provisions attached to the Company’s General Terms and Conditions of Business shall not apply to this Travel Contract.
13. Travel Conditions for Communication Contracts
The Company may accept applications from cardholders (hereinafter referred to as the “Member”) of credit card companies affiliated with the Company (hereinafter referred to as the “Affiliated Card Company”) on the condition that payment of the Tour Price, Cancellation Charges, and other applicable fees is made without the Member’s signature on the prescribed credit card sales slip (hereinafter referred to as a “Communication Contract”).
The travel conditions applicable to a Communication Contract differ from those applicable to an ordinary Travel Contract in the following respects:
(1)
A Travel Contract concluded by means of a Communication Contract shall become effective when the Company’s notice accepting the customer’s application reaches the customer.
When applying, the customer shall provide the Company with the credit card number, expiration date, and any other information requested by the Company.
(2)
The Card Use Date means the date on which the Member and the Company are required to perform their respective obligations regarding payment or refund under the Travel Contract.
The Card Use Date for payment of the Tour Price shall be the date on which the Company notifies the customer that the requested Travel Services have been confirmed.
Refunds relating to cancellation under Section 8 shall be processed by credit card within seven (7) days from the day following the customer’s request for cancellation, after deducting the applicable Cancellation Charges and other prescribed fees.
(3)
If payment cannot be processed using the Member’s designated credit card due to credit authorization or any other reason, the Company may terminate the Communication Contract and charge the fees specified in Section 8(3).
However, this shall not apply if the customer pays the Tour Price in cash by the date separately designated by the Company.
14. Overseas Travel Safety Information
Depending on the destination, the Ministry of Foreign Affairs of Japan (MOFA) may issue travel advisories or other important information concerning travel to certain countries or regions.
At the time of application, the Company will provide customers with information regarding any applicable overseas travel advisories.
Customers are also encouraged to consult the MOFA Overseas Safety Website for the latest information.
The Company will not accept travel arrangement requests for countries or regions for which the Ministry of Foreign Affairs has issued a Level 4: Evacuate Immediately – Do Not Travel advisory.
The Company will also, in principle, decline travel arrangements to destinations subject to a Level 3: Avoid All Travel advisory, except where travel is unavoidable, such as for essential business purposes.
Customers are further encouraged to register with Tabi-Regi, the Ministry of Foreign Affairs’ overseas travel registration system.
By registering their itinerary, accommodation details, and contact information, travelers can receive the latest travel safety updates and emergency notifications during their stay abroad.
15. Health Information
Customers are advised to check the health and sanitation conditions of their destination by visiting the Ministry of Health, Labour and Welfare Quarantine Information Website (FORTH):
16. Overseas Travel Insurance
During overseas travel, illness, injury, or accidents may result in substantial medical expenses, emergency transportation costs, or other unforeseen expenses.
Furthermore, in the event of an accident, it may be difficult to obtain compensation from the responsible party or recover damages.
Accordingly, the Company strongly recommends that customers purchase comprehensive
Overseas Travel Insurance with sufficient coverage before departure.
For further information regarding Overseas Travel Insurance, please contact the travel consultant at the office where your reservation is made.
17. Handling of Personal Information
(1)
When accepting an application for travel arrangements, the Company collects the customer’s personal information necessary for the application.
The provision of personal information is voluntary. However, if all or part of the required information is not provided and the Company is unable to contact the customer or complete the procedures necessary for arranging the requested Travel Services, the Company may be unable to accept the customer’s application or request.
The personal information collected will be managed by the Certified Travel Services Manager, acting on behalf of the Company’s Personal Information Protection Manager.
(2)
The Company will use the personal information collected under Paragraph (1) not only for communicating with the customer, but also to arrange the Travel Services requested by the customer, complete the procedures necessary for the provision of such services, and facilitate the customer’s shopping at souvenir shops and other establishments at the travel destination.
For these purposes, the Company may provide the customer’s personal information obtained under Paragraph (1), together with personal data relating to the customer’s flight information, by electronic means or other appropriate methods to:
transportation providers;
accommodation providers;
insurance companies;
governmental authorities; and
souvenir shops,
including recipients located outside Japan.
In addition, the Company may use the personal information obtained under Paragraph (1), together with information such as website browsing history, purchase history, and usage history of applications provided by the Company, for the following purposes:
To provide information regarding products, services, and promotional campaigns offered by the Company and its affiliated business partners.
To request customer comments and feedback following participation in the trip.
To conduct customer satisfaction surveys.
To provide promotional benefits and special services.
To prepare statistical and analytical information.
(3)
To prepare for possible illness, injury, or other emergencies during the trip, the Company may request the personal information of the customer’s emergency contact.
Such information will be used only when the Company considers it necessary to contact the designated person due to illness, injury, or another emergency affecting the customer.
The customer shall obtain the prior consent of the emergency contact before providing such personal information to the Company.
(4)
The Company may outsource all or part of the processing of personal information obtained under Paragraph (1) to third parties (including service providers located outside Japan) for purposes such as travel arrangement services, tour escort services, itinerary management, airport assistance, and other travel-related operations.
In such cases, the Company will select the contractor in accordance with its internal standards and will entrust personal information only after concluding an appropriate confidentiality contract.
(5)
The Company may jointly use the minimum amount of personal information necessary to communicate with customers, including names, addresses, telephone numbers, and e-mail addresses, with companies within the Company’s corporate group.
Such information may be used for:
providing information on products and services;
simplifying future reservation procedures;
informing customers of events and promotional campaigns; and
shipping products purchased by customers.
Information regarding requests for disclosure, correction, or deletion of personal data, together with the names of the Company’s group companies participating in such joint use and the group company responsible for managing such personal information, is available on the Company’s website:
(6)
Upon request from a customer, the Company will promptly respond to requests concerning:
notification of the purpose of use;
disclosure;
correction;
addition;
deletion;
suspension of use;
erasure; and
records relating to disclosure of personal information to third parties.
(7)
Information regarding the legal systems governing the countries to which the Company transfers customers’ personal data pursuant to Paragraphs (2) and (4) is available on the Company’s website:
(8)
As a general rule, overseas recipients to whom the Company transfers personal data under Paragraph (2) implement measures for the protection of personal information consistent with the Eight OECD Privacy Principles.
Where certain protective measures are not implemented, the Company will provide details of such exceptions in the relevant Explanation of Transaction Conditions.
Personal Information Protection Manager / Certified Travel Services Manager
Masako Takei
Business Hours
Monday through Friday
10:00 a.m. – 7:00 p.m.
Closed on Saturdays, Sundays, Japanese national holidays, and during the New Year holiday period.
Miscellaneous
(1)
If a customer requests personal assistance from a Tour Escort or other representative, including private guidance or shopping assistance, any expenses arising therefrom shall be borne by the customer.
The customer shall also be responsible for expenses arising from illness or injury, recovery of lost or forgotten baggage caused by the customer’s own negligence, or arrangements made for separate travel from the group.
(2)
For the convenience of customers, the Company may introduce souvenir shops during the tour.
Customers are solely responsible for their purchasing decisions.
The Company is unable to assist with exchanges, refunds, or returns of purchased goods.
Where tax refunds are available, customers must retain purchased items as carry-on baggage and complete all tax refund procedures personally at the relevant souvenir shop, airport, or other designated location.
Customers are advised that certain products may not be imported into Japan under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) or other applicable Japanese laws and regulations. Customers should therefore exercise due caution when making purchases.
(3)
For optional tours or local tours operated by third-party operators, both the operator’s liability and the customer’s responsibilities shall be governed exclusively by the operator’s own terms and conditions and the applicable local laws and regulations.
(4)
Under no circumstances shall the Company be obligated to repeat or re-operate the travel arrangements or the tour.
These Terms and Conditions are based on the standards effective as of April 2023.