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Tokyo Cruise Ship Transportation Agreement

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Approved by the Director of the Kanto District Transport Bureau June 5, 2014, Kanto Change No. 180
Approved by the Director of the Kanto Transport Bureau October 26, 2015 Kanto Change No.181
Approved by the Director of the Kanto Transport Bureau April 12, 2019 Kanto Change No.194

Section on Transportation of Passengers

Section 1 General Rules

(Scope of application)
Article 1This transportation agreement is applicable to the transportation of passengers and their personal items on ships operated by our company.

  1. 2 Matters not stipulated in this agreement shall depend on the provisions of laws and ordinances or common practice.
  2. 3 If we enter a special agreement we shall honor that special agreement to the extent that it is not contrary to the primary intention of this transportation agreement and laws and ordinances.

(Definitions)
Article 2The term "passenger" in this transportation agreement refers to a foot passenger.

  1. 2 The term "adult" in this transportation agreement refers to a person 12 years of age or older (excluding elementary school students who attend school (referring to an elementary school, elementary school part of a compulsory education school early course, or special support school as defined in Article 1 of the School Education Act (Act No. 26 of 1947), or any school similar to the elementary schools defined in Paragraph 1 of Article 134 of the School Education Act; the same shall apply hereinafter).
  2. 3 In this transportation agreement, the term "child" refers to a person under 12 years of age or an elementary school student 12 years of age or older.
  3. 4 In this transportation agreement, "personal items" refers items that a passenger may bring on board or carry with him or herself inside the cabin, including any of the following items.
    1. (1) Items where the total length of the height, width and length is less than or equal to two meters and the total weights is less than or equal to 30 kilograms
    2. (2) Wheelchairs (limited to those used by passengers)
    3. (3) Assistance dogs for disabled persons (which refers to guide dogs, assistance dogs, and hearing guide dogs as defined in Article 2 of the Act on Assistance Dogs for Physical Disabilities (Act No. 49 of 2002) or any dog indicated as prescribed in Article 12 of the same Act)
  4. 5 In this transportation agreement, the term "business office" means our company office and the office of specified people.

Section 2 Transport underwriting

(Transportation underwriting)
Article 3Our company takes applications for transportation contracts of passengers and personal items in the order applications are received to the extent of the transportation capacity of the ship being used.

  1. 2 Notwithstanding the provisions of the preceding paragraph, if any of the following conditions apply, our company may refuse a transportation contract application or may cancel an existing transportation contract.
    1. (1) When our company takes action under the provisions of Article 5.
    2. (2) When any of the following conditions are found to apply to a passenger.
      1. Persons with an infectious disease including primary infections, secondary infections, and pandemic influenza, persons with a designated disease (limited to those diseases requiring hospitalization and including persons with suspected diseases and asymptomatic pathogen carriers) as set forth in the Act on the Prevention of Infectious Diseases and Medical Care for Patients with Infectious Diseases (Act No. 114 of 1998).
      2. Persons who are drunk, under the influence of drugs, or other persons who are likely to disturb other passengers.
      3. Persons who are seriously sick and children who are not in school that are not accompanied by another person.
      4. Persons whose lives are at risk of their lives due to age, health, or other factors, or persons whose health may be seriously impaired.
      5. Gangs as set forth in Article 2, Item 2 of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991) (hereinafter referred to as "gangs"), gang members as set forth in Article 2, Item 6 of the same act (hereinafter referred to as "gang members"), associate members of a gang, persons affiliated with a gang, or persons found to belong to antisocial forces (hereinafter referred to as "antisocial forces").
      6. When a gang or gang member is a juridical person or other organization that controls business activities
      7. Corporations that have gang members included among its officers
      8. When a person is found to be unfairly utilizing antisocial forces
      9. When a person is found to have a relationship worthy of social criticism with other antisocial forces
    3. (3) When a passenger engages in acts that violate laws, regulations, or the provisions of this transportation agreement or there is a risk of doing so
    4. (4) If the application for the transportation contract is under different transportation conditions than this transportation agreement
    5. (5) If there is a special burden requested by the applicant concerning transportation.

(Personal items, etc.)
Article 4Passengers may bring personal items (excluding those listed in items Article 2, Paragraph 4, Items 2 and 3; the same shall apply hereinafter.) onto the ship, limited to two items. Note, however, that passengers may bring more than two items on board if our company finds that they are not a hindrance in consideration of their size and the transportation capacity of the ship being used.

  1. 2 Notwithstanding the provision of the preceding paragraph, our company may refuse passengers from bringing personal items on board if any of the following conditions apply.
    1. (1) Items that emit odors, filthy items and other items that may be an annoyance to other passengers
    2. (2) Guns, swords, and other items whose use could potentially endanger the passengers, other personal items, or the ship being used
    3. (3) Explosives or other items that could potentially endanger the passengers, other personal items, or the ship being used
    4. (4) Corpses
    5. (5) Live animals (except for items listed in Article 2, Paragraph4, Item 3)
    6. (6) Others items that may be deemed inappropriate for transport
  2. 3 When there is any doubt whether a personal item falls into one of the categories listed in the previous paragraph, our company shall inspect the personal item in the presence of the passenger or a third party.

(Cancelation of transportation, etc.)
Article 5In addition to the provisions of laws and ordinances, if any of the following conditions apply, our company may cancel the scheduled departure of a ship, or take action that changes the ship used, the time of departure or arrival, the navigation route, and/or the port of departure or arrival.

  1. (1) When weather or oceanic conditions represent a danger to the navigation of the ship
  2. (2) Natural disasters, fires, marine accidents, malfunctions of the ship used and other unavoidable circumstances
  3. (3) When transporting passengers or freight for the purposes of facilitating a smooth evacuation during a disaster, emergency transportation, or for other purposes commensurate with these
  4. (4) When seaman or other persons engaged in transportation go on strike or engage in some other type of dispute
  5. (5) When a passenger or passengers become sick or their life is endangered, or else when their health is otherwise considerably impaired
  6. (6) When an unfair act such as deprivation or the destruction or the like of the ship being used occurs
  7. (7) When there is sufficient and suitable grounds for believing a passenger has engaged in, or has attempted to engage in, the behavior set forth in the items of Article 14, Paragraph 1
  8. (8) When there is an order or request from a public office

(Fare amount, etc.)
Article 6The fare for passengers and how it is applied shall be based on the fare and fare application method notified separately to the Director of the Regional Transportation Bureau (including the Director of Transportation Supervision) in addition to the provisions of Paragraphs 2 and3 (hereinafter referred to as the "notified fare")

  1. 2 Fares do not include the price of passenger meals.
  2. 3 The fare of any child who falls into any of the following categories is free. However, this does not apply to fares when one person uses a designated seat.
    1. (1) Children under one year old
    2. (2) Children one year old or older who are not enrolled in elementary school and are accompanied by an adult (except for children boarding as part of a group and the number of children per adult is more than one).

Section 3 Fares

(Fare collection)
Article 7Our company accepts the prescribed fare at the business office and issues a boarding ticket in return.

  1. 2 If the passenger boards the ship without paying the fare and the customer obtains the approval of the captain or our company's staff (hereinafter referred to as the "crew"), we shall take the fare on board the ship.

(Validity of boarding tickets)
Article 8A boarding ticket can only be used for the designated ship stated on the ticket (meaning the ship with the specified boarding date and ship name/departure time).

  1. 2 If a passenger disembarks midway due to his or her circumstances, the unused portion of the boarding ticket shall be invalid. However, this does not apply in the case of a transfer or if otherwise specified in the transportation agreement.

(Handling changes in fares)
Article 9If the fare changes, unless otherwise specified, boarding tickets issued by our company prior to the change shall remain valid.

(Change ships)
Article 10If a passenger requests a change in the designated cruise stated on the boarding ticket prior to three days before the date of departure of the designated cruise, the ticket sales office or other sales office designated by our company shall issue a boarding ticket that meets the requested change one time only. However, this does not apply if the ship does not have enough transportation capacity to accommodate the change.

  1. 2 If our company accommodates a change pursuant to the provision of the preceding paragraph, the change shall be free of charge, and if there is a difference between the amount of the changed fare and the amount of the fare already received, we shall charge the difference if there is a deficit amount, and we will refund the difference if there is an excess amount.

(Lost passenger boarding tickets)
Article 11If a passenger loses a boarding ticket, our company will charge the fair again and issue a boarding ticket in return. If a boarding ticket is lost, our company will issue a certificate to that effect. However, this provision may not apply if the fact the passenger has boarded is obvious.

  1. 2 When a passenger finds a lost ticket, he or she may ask our company to reimburse the fare by providing the ticket along with the certificate set forth in the preceding paragraph up to one year from the date of travel given on the ticket.

(Fraudulent boarding, etc.)
Article 12If a passenger conducts any act that falls into any of the following categories, our company may charge an amount equivalent to twice the usual fare.

  1. (1) Boarding without having a boarding ticket and without obtaining consent from the crew
  2. (2) Boarding with an invalid boarding ticket
  3. (3) Boarding with a modified boarding ticket
  4. (4) Boarding of a ship by person other than one eligible to use the given boarding ticket
  5. (5) Failure to respond to a request by our staff to present a boarding ticket or a request to pay the required fare
  6. (6) Using false statements to obtain a discount or board a ship without paying the fare

(Refunds and refund fees)
Article 13If any of the following conditions apply, our company shall refund the amount of the fare corresponding to the cruise on the boarding ticket in question at the sales office that issued the boarding ticket or other business office designated by our company.

  1. (1) If the passenger makes a request for refund of the boarding ticket as specified in Article 8, Paragraph1 before the departure of the designated ship
  2. (2) If a passenger cancels a trip and proves that it was no longer possible to board the ship due to death, illness, or other force majeure and requests a refund within30 after the date on the boarding ticket specified in Article 8, Paragraph 1
  3. (3) If our company takes steps to cancel the cruise according to the provisions of Article 5, and the transportation agreement is cancelled according to Article 3, Paragraph 2, Item 1 provisions
  4. (4) If our company cancels the transportation agreement according to Article 3, Paragraph 2, Item 2 through Item 5 provisions
  5. (5) The passenger requests a refund according to Article 11, Paragraph 2 provisions
  1. 2 If our company is asked to refund a fare according to the provisions of the preceding paragraph, our company shall charge a fee of an amount specified by us within the range of amounts prescribed in each of the corresponding items based on the categories specified below. However, this fee shall not be charged for refunds pertaining to Item 3 of the preceding paragraph.
    1. (1) Refund fee pertaining to Item 1 of the preceding paragraph
      1. Refund for requests made up until two days prior to the date of departure
        200 yen
      2. Refund on requests made up until the day before the date of departure
        An amount equivalent to 10 percent of the refund fare amount prescribed in the main text of the preceding paragraph
        (If a fraction of less than 10 yen arises, the amount less than that 10 yen is discarded and if the total amount is less than 200 yen, 200 yen is charged)
      3. Cash on refund for claims until the time of departure
        Amount equivalent to 30 percent of the refund fare amount prescribed in the main text of the preceding paragraph
        (If a fraction of less than 10 yen arises, the amount less than that 10 yen is discarded and if the total amount is less than 200 yen, 200 yen is charged)
      4. Refund after time of departure
        An amount equivalent to 100 percent of the refund fare amount prescribed in the main text of the preceding paragraph
    2. (2) Refund fee pertaining to Item 2, Item 4 and Item 5 of the preceding paragraph
      200 yen

(Refund fees in special cases)
Article 13-2With respect to the refund fee pertaining to Paragraph 2 of the preceding Article, if one room of the ship or all rooms are used exclusively, pursuant to Paragraph 1, Item 1 of the same article, a refund fee of an amount determined by our company per passenger in the range of amounts prescribed for each of the corresponding items will be charged according to the following categories.

  1. (1) When you cancel use
    1. From 60 days to 31 days before the date of departure
      An amount equivalent to 20 percent of the refund fare amount prescribed in the main text of Paragraph 1 of the preceding Article
      (If a fraction less than 10 yen arises, the amount less than that 10 yen will be discarded.)
    2. From 30 days to 18 days before the date of departure
      An amount equivalent to 50 percent of the refund fare amount prescribed in the main text of Paragraph 1 of the preceding Article
      (If a fraction less than 10 yen arises, the amount less than that 10 yen will be discarded.)
    3. From 7 days before the day of departure until the day of departure
      An amount equivalent to 100 percent of the refund fare amount prescribed in the main text of Paragraph 1 of the preceding Article
  2. (2) When the number of people has decreased
    1. From three days before the day of departure until the day of departure
      An amount equivalent to 50 percent of the refund fare amount prescribed in the main text of Paragraph 1 of the preceding Article
      (If a fraction less than 10 yen arises, the amount less than that 10 yen will be discarded.)
    2. Day of departure
      An amount equivalent to 100 percent of the refund fare amount prescribed in the main text of Paragraph 1 of the preceding Article
  1. 2 With regard to the refund fee pertaining to Paragraph 2 of the preceding Article, if one room of the ship, or all rooms, are used exclusively, pursuant to Paragraph 1, Item 4 of the same Article, a refund fee shall be charged by applying the classification prescribed in the preceding Article, based on the day of cancelation of the transportation agreement, as deemed to correspond to one of Article 3, Paragraph 2, Item 2 through Item 5.

Section 4 Passenger obligations

(Prohibited behavior by passengers, etc.)
Article 14Passengers shall not engage in the following behavior:

  1. (1) Manipulate the steering equipment of the ship and other equipment used to operate the ship or the actuating device for moving the passenger boarding/disembarking machine
  2. (2) Stealthily entering a place on the ship where entry is prohibited
  3. (3) Smoking in places on the ship where smoking is prohibited
  4. (4) Manipulate or move fire extinguishers, emergency alarms, life jackets or other equipment or devices to be used in case of emergency
  5. (5) Manipulate or move equipment such as ramparts, crossings and other equipment used to prevent passengers from getting off or falling off the ship
  6. (6) Damage or move signs or notices put up for the safety of boarding persons as well as signs indicating how to get on and off the ship
  7. (7) Throw or launch in the direction of the ship rocks, glass bottles, pieces of metal, or any other object that could damage the ship, a person on the ship, or items loaded on the ship
  8. (8) Throw goods prohibited from dumping in the ocean from the ship (including feeding birds, etc.)
  9. (9) Engaging in behaviour that interferes with the crew in performing their duties
  10. (10) To give discomfort or inconvenience to other passengers on board
  11. (11) To disturb the peace and order on the ship or public morals, or engage in an unsanitary act
  1. 2 Passengers must obey the orders of the crew given in the course of their duties regarding behavior while disembarking the ship or while on the ship in order to ensure transport safety and maintain order on the ship.
  2. 3 The captain may refuse to allow a passenger who does not comply with the instructions in the preceding paragraph to board the ship or order them off the ship.

(Storage of personal items)
Article 15Passengers must store personal items brought into the cabin at their own risk.

Section 5 Liability

(Our company's liability)
Article 16 If by following the orders of the crew a passenger suffers injury to life or limb between reaching the boarding facility of the boarding port (or ticket gate if there is one, the same applies hereafter) and leaving the disembarkation facility at the disembarking port, our company shall bear all responsibility for compensation for any injuries so sustained, excluding cases where it has been proven that the carrier didn't neglect to pay attention to their transport.

  1. 2 Despite the provisions of the preceding paragraph, our company shall bear no responsibility if any of the following conditions apply.
    1. (1) When transportation is provided in cases where a large-scale disaster, earthquake, or other such disaster occurs or could potentially occur
    2. (2) When transporting persons who are potentially at risk of suffering grave harm to their lives or person due to the vibration and other circumstances that normally arise as a result of said transportation
  2. 3 Our company shall assume responsibility for compensation for damages due to loss of or damage to personal items or other items stored by a passenger only in those cases where it is proven that the company or its employees did so intentionally or through negligence.
  3. 4 For damages caused by our company taking measures under the provisions of Article 5, we are not responsible for compensation unless we are responsible under the terms of Paragraph 1 or the provisions of the preceding paragraph.

(Liability claims against passengers)
Article 17 If a passenger damages our company due to his or her will of intent, negligence, or failure to comply with laws, regulations, or this transportation agreement, our company may seek damages against said passenger.

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